A call from Dubai Police asking a person to attend a police station usually means that a complaint has been filed and the police are gathering evidence. The person may be called as a witness, or as the person against whom the complaint was made. For the person complained against, attending the station can end in one of three ways:
- release after giving a statement,
- release with a travel ban while the complaint continues, or ;
- detention until the Public Prosecution decides on the matter.
Each of these steps is governed by the Criminal Procedures Law.
Why the Police Call
The police call a person to the station when the officers handling a complaint need to hear from the people involved in it. The police must accept the complaints submitted to them, and while gathering evidence they may hear the statements of anyone who has information about the matter and question the accused. This is set out in Federal Decree-Law No. (38) of 2022 Promulgating the Criminal Procedures Law (the “Criminal Procedures Law”), Articles 36 and 41.
The officer making the call may indicate what the complaint concerns, and the person should ask if the officer does not. Knowing whether the complaint relates to a financial dispute, a message sent online or an incident at work allows the person to gather the relevant documents and take legal advice before attending. The person should also confirm which police station is handling the complaint and the complaint reference number.
Detention After the Statement
After taking the statement, the police may decide to hold the person until the Public Prosecution reviews the matter. Detention at this stage is a procedural measure, not a penalty, and it is not a finding of guilt. An accused person is presumed innocent until proven guilty in a lawful and fair trial, under Article 28 of the UAE Constitution. That said, when the Public Prosecution orders detention, it is usually indication that the procesuctor intends to press charges.
The power to hold a person at this stage is limited. The police may order the arrest of an accused who is present where there is sufficient evidence of the accusation, and only in the case of a felony or one of the misdemeanours specified by law. This is set out in the Criminal Procedures Law, Article 46. The arrested person must be informed of the accusation and of the right to remain silent.
The periods of custody are fixed by law. Where the arrested person does not present anything that clears him, the police must send him to the competent Public Prosecution within 48 hours, and the Public Prosecution must question him within 24 hours. A person detained after giving a statement may therefore remain in custody for up to three days before the Public Prosecution decides what happens next.
After questioning, the Public Prosecution may:
- release the person;
- release the person on a personal guarantee, on bail, or subject to a travel ban; or
- order the person’s detention for seven days, renewable by the Public Prosecution for up to a further 14 days, after which any further detention requires an order of the competent criminal court.
Release With a Travel Ban
In some cases, the person is released after giving a statement but the complaint continues, and a travel ban may be placed on him while it is investigated. A travel ban allows the person to move freely within the UAE, but it prevents him from leaving the country. In a criminal matter, the travel ban is ordered by the Public Prosecution and circulated to all ports of the State, under Article 99 of the Criminal Procedures Law. A person can check whether a travel ban is registered against him through the Dubai Police smart app Dubai Police smart app, although a clear result does not rule out a ban registered after the check.
What Happens to the Complaint
Once the police have completed their enquiries, they refer the file to the Public Prosecution. The Public Prosecution may investigate further, may dismiss the complaint where there are no grounds to proceed, or may refer the case to the competent court where the evidence is sufficient.
What You Should Do Before Attending the Police Station
A person called to a police station should, before attending:
- ask what the complaint concerns, which police station is handling it, and the complaint reference number;
- bring an Emirates ID or passport, together with any documents relating to the subject of the complaint;
- ask for an interpreter if he does not understand Arabic, since the statement is recorded in Arabic;
- read the statement, or have it read to him in a language he understands, before signing it; and
- review any upcoming travel plans in light of the possibility of a travel ban.
- Get a lawyer are early as possible.
Frequently Asked Questions
What happens if a person does not attend after the police call?
Not attending does not bring the complaint to an end. Where the accused does not attend, the police may issue an arrest warrant against him, and the complaint may proceed without his account of events.
Can a lawyer help at this stage?
Yes. A lawyer can confirm the nature of the complaint before the person attends, prepare him for the questions likely to be asked and, if detention follows, follow the matter with the Public Prosecution. The accused’s lawyer is permitted to attend the investigation before the Public Prosecution, and the accused keeps the right to contact his lawyer privately.
How can a person find out whether a travel ban has been issued?
The Dubai Police smart app shows travel bans registered against the user’s Emirates ID. Albeit, considering that a travel ban may be registered after the check, a person with imminent travel plans is advised ask a lawyer to confirm the position with the Public Prosecution and other authorities.
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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