An arrested person/suspect, can be held by the police for a maximum amount of 24 hours, from the time of initial arrest. If the police intends to prolong the duration of arrest (remand in custody), he must make an application to the court. In order to extend the duration of custody, he must convince the court as to why the suspect must be in custody. 

Generally the main reason would be that if the suspect is free he may tamper with evidence or witness statements. In some other cases where the offence may cause violence or physical conflict between the suspect and another party, such as a fight, the police may ask for the person for his remand in custody to be extended.

The court has a right to give maximum 8 days extension as per the law and this can be extended more times thereafter again maximum 8 days.

It is the defence’s prerogative to challenge this application in order to oversee the process and to ensure that the suspect is not in custody for more than it is really necessary. In this regard the reasons submitted by the police must be thoroughly weighted and where unreasonable or unnecessary, strongly challenged.

At the end of the day, it must be remembered that, apart from exceptions that are generally overseen by the courts, any person has a right to be free according to constitution and European Convention of Human Rights (Article 5 – right to liberty and security). Based on the submissions before the court, it would decide whether to extend the duration of custody.

When conditions are such that no more time can be demanded or investigation is concluded, the police may charge the suspect with the offence in question and ask the court to set conditions in order to ensure that the suspect will attend court when he is required (bail).