After an emergency arrest, by when must a detention warrant be applied for, and what follows if none is applied for or granted?
General information · Not legal advice
Material to check
In a practice file we read the emergency arrest report, the record showing the time and place of the arrest, the prosecutor's application for the detention warrant, and the judge's ruling on it, since the provision turns on the interval from arrest and on whether a warrant was sought and issued.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading runs the clock from the moment the suspect was arrested: where the judicial police officer wants the suspect detained, that officer must apply to the prosecutor without delay, and the prosecutor must seek a detention warrant from a judge of the district court with jurisdiction within the period the provision sets, attaching the emergency arrest report.
Another reading looks to what the provision requires after the period: if no warrant is applied for or none is granted, the suspect must be released immediately, and a person so released may not be arrested again without a warrant for the same crime facts, while the provision leaves open how much can change before those facts count as different.
Your judgment
If the period elapsed while the application moved between the officer and the prosecutor, what in the file shows when the arrest clock started and stopped?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the length of the period or its starting point, or if a court decision rules on whether a warrant applied for after the period is still valid.