- within Criminal Law topic(s)
Being stopped at Dubai Airport does not necessarily mean that the individual has been “arrested” in the ordinary sense. In some cases, the issue may be no more than a travel restriction, including one arising from a Rental Disputes Centre matter, which may, in certain circumstances, be resolved within minutes through the Dubai Police smart services. In others, however, it may mark the commencement of a formal criminal process governed by Federal Decree by Law No. (38) of 2022 Promulgating the Criminal Procedures Law, as outlined below.
First Step
Once an individual is flagged at immigration, they are usually removed from the normal passenger flow and directed to secondary screening at the airport police or immigration office while the authorities verify the basis of the alert. If the issue relates only to a travel restriction, the person may simply be prevented from boarding a flight or entering the UAE. If, however, the alert relates to an executable arrest order or an active criminal matter, the individual may be formally detained by the airport police.
Second Step
Once the individual has been formally arrested and transferred to the police department, they must be informed of the accusation against them and of their right to remain silent. The police will then assess whether the individual is able to dispel the suspicion or furnish evidence of innocence. If they fail to do so, they must be referred to the competent Public Prosecution within 48 hours of the arrest.
Third Step
The Public Prosecution must then question the accused within 24 hours of their referral and decide whether to order their release or remand them in custody pending further investigation. Where the accused is remanded, the prosecution’s custody order is valid for 7 days and may be renewed for a further period not exceeding 14 days. Beyond that, any continued detention must be authorized by the competent criminal court judge, who may extend detention in renewable periods of up to 30 days. Throughout this process, the accused retains the right to communicate with their lawyer in private.
Fourth Step
If the Public Prosecution decides to proceed with the case, it will issue the decision referring the matter to the competent criminal court and must serve that decision within 3 days of issuance, save for any specific exceptions provided by law. If the accused is being held in custody, they should be released unless the referral decision expressly directs that their detention is to continue. Once the investigation has been completed, the case moves from the prosecution stage to the court stage, where the criminal proceedings continue before the competent court.
Practical takeaway
This means that an airport arrest may, in some cases, be resolved within a matter of hours, particularly where the issue is clerical or already settled but has not yet been cleared from the system. In other cases, however, it may develop into days or even weeks of detention where there is an active criminal file and the Public Prosecution decides to seek remand pending investigation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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