Detention by the Police: What Should You Know?

Being detained by police officers is a sudden and stressful situation that often causes uncertainty and a sense of losing control. Many people wonder what rights a detained person has, whether they must answer police questions, how long detention can last, and when they can contact a lawyer. Below, we explain the key rights of a detained person and outline the detention procedure.

Key Rights of a Detained Person

A person detained by the Police has the right to:

be informed of the reason for the detention,
contact a lawyer (advocate) or legal counsel,
remain silent and refuse to provide explanations,
have a close relative informed about the detention,
free assistance of an interpreter,
challenge the detention before a court.

Right to Information

Police officers are required to immediately inform the detained person of the reason for the detention and its legal basis. The detained person must also be informed of their rights, including the right to legal assistance from a lawyer or legal counsel, the right to free assistance of an interpreter, the right to make a statement, the right to remain silent, and the right to challenge the detention.

Does a Detained Person Have to Answer Police Questions?

A detained person is not obliged to answer questions relating to the case or provide their version of events before consulting a defence lawyer. Refusing to answer questions cannot be treated as an admission of guilt and cannot be used against the detainee.

At the same time, police officers are required to hear the detained person if they wish to make a statement or present circumstances supporting their release.

In practice, detainees often try to explain the situation under stress. However, this may not always be in their best interest, as their statements are recorded and can lead investigators to evidence that may be unfavourable to them. Therefore, exercising the right to remain silent until speaking with a lawyer is often the most prudent course of action.

When Can a Detained Person Contact a Lawyer?

A detained person has the right to request immediate contact with a lawyer or legal counsel. This right enables them to obtain professional legal assistance before any questioning takes place and to make informed decisions regarding further proceedings.

Speaking with a defence lawyer is the first step toward understanding one's legal situation. The lawyer can explain the procedure and advise on the most appropriate course of action.

In exceptional circumstances, the officer conducting the detention may require that the conversation between the detainee and their lawyer take place in the officer’s presence.

Can a Detained Person Inform Their Family About the Detention?

A detained person has the right to request that a close relative, spouse, or partner be notified of the detention. This allows family members to organize legal assistance and support.

In addition, the detainee may request that their employer, school, university, or even a person managing their business be informed of the detention.

Right to the Assistance of an Interpreter

Any detained person who does not speak Polish sufficiently to communicate freely has the right to the free assistance of an interpreter. This guarantees that the detainee understands the information provided, the actions being taken, and any documents presented during the proceedings.

Right to Make Comments on the Record and Challenge the Detention

A detained person may file a complaint against the detention with a court within seven days of the detention.

Such a complaint may challenge the legality, justification, or correctness of the detention, including the manner in which it was carried out.

If the detainee has concerns regarding the way the detention was conducted, these should be noted in the detention record before it is signed.

How Long Can a Person Be Detained?

The maximum period of detention is 72 hours, divided into two stages.

First, the prosecutor has up to 24 hours to question the detainee and decide whether there are grounds for applying to the court for pre-trial detention.

After the detainee is transferred to the court’s custody, the court has a further 48 hours to consider the prosecutor’s motion and issue a decision on pre-trial detention.

If no such decision is made within that period, the detainee must be released immediately.

Where an application for pre-trial detention is filed, the suspect and their defence lawyer must be granted prompt access to the case files insofar as they contain the evidence attached to the application.

Does Detention Always Result in Pre-Trial Detention?

Not every detention results in pre-trial detention.

Pre-trial detention should only be applied where less restrictive preventive measures are insufficient to secure the proper conduct of the proceedings.

In practice, the prosecutor or court may impose alternative preventive measures, such as:

police supervision,
a prohibition on approaching or contacting specified persons,
a prohibition on leaving the country,
an obligation to refrain from certain conduct,
financial bail (property surety).

These measures may be applied individually or in combination.

Preventive measures may only be imposed where the evidence indicates a high probability that the suspect committed the offence.

What Is “Bail” and When Can It Be Applied?

The term “bail” is commonly used in everyday language. Under the Polish Code of Criminal Procedure, however, the correct legal term is property surety.

This preventive measure most commonly involves depositing a specified amount of money into a court or prosecutor’s office account. The payment may be made by the suspect or by a third party, such as a family member or friend.

Public fundraising to collect money for property surety is prohibited.

Property surety may also take the form of securities, a pledge, or a mortgage.

The purpose of property surety is to ensure that the suspect appears when summoned by the authorities and does not obstruct the proceedings. If these obligations are breached, the deposited amount may be forfeited to the State Treasury.

The amount of property surety is determined individually in each case.

Q&A

1. Do I have to answer police questions?

No. A detained person has the right to refuse to make statements or answer questions concerning the case. Exercising the right to remain silent cannot be treated as evidence of guilt and cannot be used against the detainee.

However, concealing one’s identity from law enforcement authorities is not advisable. Inability to establish a person’s identity may itself constitute grounds for detention.

2. Can I call my family?

Polish law does not provide a detained person with the right to independently contact family members. However, the detainee may request that the Police notify a designated close relative of the detention. This enables family members to organize legal assistance and support.

3. When can I speak to a lawyer?

As soon as possible after the detention.

Upon request, the Police must immediately allow the detainee to contact a lawyer or legal counsel acting as defence counsel. As a rule, the detainee is also entitled to speak directly with the lawyer before any questioning takes place.

This is one of the most important rights of a detained person.

4. How long can I be detained?

A detained person must be released immediately once the reason for detention ceases to exist.

They must also be released if, within 48 hours of detention, they are not brought before a court together with a motion for pre-trial detention.

Furthermore, a detained person must be released if, within 24 hours of being transferred to the court’s custody, they are not served with, or informed of, a court order imposing pre-trial detention.

5. Can I be released on bail?

Polish law does not formally recognize the concept of “bail” as used in some other jurisdictions. Instead, the Code of Criminal Procedure provides for property surety.

Property surety may be applied where the prosecutor or court considers it sufficient to secure the proper conduct of the proceedings. It may be imposed together with other non-custodial preventive measures, such as police supervision.

However, not every case allows for the application of property surety instead of pre-trial detention.

Key Rights of a Detained Person

A person detained by the Police has the right to:

be informed of the reason for the detention,

contact a lawyer (advocate) or legal counsel,

remain silent and refuse to provide explanations,

have a close relative informed about the detention,

free assistance of an interpreter,

challenge the detention before a court.

Right to Information

Does a Detained Person Have to Answer Police Questions?

A detained person is not obliged to answer questions relating to the case or provide their version of events before consulting a defence lawyer. Refusing to answer questions cannot be treated as an admission of guilt and cannot be used against the detainee.

At the same time, police officers are required to hear the detained person if they wish to make a statement or present circumstances supporting their release.

When Can a Detained Person Contact a Lawyer?

A detained person has the right to request immediate contact with a lawyer or legal counsel. This right enables them to obtain professional legal assistance before any questioning takes place and to make informed decisions regarding further proceedings.

Speaking with a defence lawyer is the first step toward understanding one's legal situation. The lawyer can explain the procedure and advise on the most appropriate course of action.

In exceptional circumstances, the officer conducting the detention may require that the conversation between the detainee and their lawyer take place in the officer’s presence.

Can a Detained Person Inform Their Family About the Detention?

A detained person has the right to request that a close relative, spouse, or partner be notified of the detention. This allows family members to organize legal assistance and support.

In addition, the detainee may request that their employer, school, university, or even a person managing their business be informed of the detention.

Right to the Assistance of an Interpreter

Any detained person who does not speak Polish sufficiently to communicate freely has the right to the free assistance of an interpreter. This guarantees that the detainee understands the information provided, the actions being taken, and any documents presented during the proceedings.

Right to Make Comments on the Record and Challenge the Detention

A detained person may file a complaint against the detention with a court within seven days of the detention.

Such a complaint may challenge the legality, justification, or correctness of the detention, including the manner in which it was carried out.

If the detainee has concerns regarding the way the detention was conducted, these should be noted in the detention record before it is signed.

How Long Can a Person Be Detained?

The maximum period of detention is 72 hours, divided into two stages.

First, the prosecutor has up to 24 hours to question the detainee and decide whether there are grounds for applying to the court for pre-trial detention.

After the detainee is transferred to the court’s custody, the court has a further 48 hours to consider the prosecutor’s motion and issue a decision on pre-trial detention.

If no such decision is made within that period, the detainee must be released immediately.

Where an application for pre-trial detention is filed, the suspect and their defence lawyer must be granted prompt access to the case files insofar as they contain the evidence attached to the application.

Does Detention Always Result in Pre-Trial Detention?

Not every detention results in pre-trial detention.

Pre-trial detention should only be applied where less restrictive preventive measures are insufficient to secure the proper conduct of the proceedings.

In practice, the prosecutor or court may impose alternative preventive measures, such as:

police supervision,

a prohibition on approaching or contacting specified persons,

a prohibition on leaving the country,

an obligation to refrain from certain conduct,

financial bail (property surety).

These measures may be applied individually or in combination.

Preventive measures may only be imposed where the evidence indicates a high probability that the suspect committed the offence.

What Is “Bail” and When Can It Be Applied?

The term “bail” is commonly used in everyday language. Under the Polish Code of Criminal Procedure, however, the correct legal term is property surety.

This preventive measure most commonly involves depositing a specified amount of money into a court or prosecutor’s office account. The payment may be made by the suspect or by a third party, such as a family member or friend.

Public fundraising to collect money for property surety is prohibited.

Property surety may also take the form of securities, a pledge, or a mortgage.

The purpose of property surety is to ensure that the suspect appears when summoned by the authorities and does not obstruct the proceedings. If these obligations are breached, the deposited amount may be forfeited to the State Treasury.

The amount of property surety is determined individually in each case.

Q&A

1. Do I have to answer police questions?

No. A detained person has the right to refuse to make statements or answer questions concerning the case. Exercising the right to remain silent cannot be treated as evidence of guilt and cannot be used against the detainee.

However, concealing one’s identity from law enforcement authorities is not advisable. Inability to establish a person’s identity may itself constitute grounds for detention.

2. Can I call my family?

Polish law does not provide a detained person with the right to independently contact family members. However, the detainee may request that the Police notify a designated close relative of the detention. This enables family members to organize legal assistance and support.

3. When can I speak to a lawyer?

As soon as possible after the detention.

Upon request, the Police must immediately allow the detainee to contact a lawyer or legal counsel acting as defence counsel. As a rule, the detainee is also entitled to speak directly with the lawyer before any questioning takes place.

This is one of the most important rights of a detained person.

4. How long can I be detained?

A detained person must be released immediately once the reason for detention ceases to exist.

They must also be released if, within 48 hours of detention, they are not brought before a court together with a motion for pre-trial detention.

Furthermore, a detained person must be released if, within 24 hours of being transferred to the court’s custody, they are not served with, or informed of, a court order imposing pre-trial detention.

5. Can I be released on bail?

Polish law does not formally recognize the concept of “bail” as used in some other jurisdictions. Instead, the Code of Criminal Procedure provides for property surety.

Property surety may be applied where the prosecutor or court considers it sufficient to secure the proper conduct of the proceedings. It may be imposed together with other non-custodial preventive measures, such as police supervision.

However, not every case allows for the application of property surety instead of pre-trial detention.