Referral to the Public Prosecution in the UAE: Pre-Trial Detention, Legal Time Limits and Defendant Rights

Being referred to the Public Prosecution in the UAE does not mean that a person has been convicted, and an arrest does not mean that the person will necessarily be sentenced to imprisonment. These are fundamental principles that anyone involved in a criminal complaint or case should understand.

Once a person is arrested, the case enters a critical legal stage in which it moves from the preliminary investigation and evidence-gathering stage to an investigation before the Public Prosecution. At this stage, important questions arise: Will the investigation continue? Will the accused be released? Will the Public Prosecution order pre-trial detention? And is there sufficient evidence to refer the case to the competent court?

The UAE Federal Decree-Law No. 38 of 2022 Promulgating the Criminal Procedure Law establishes specific procedures and time limits governing these matters. Among other safeguards, the arrested person must be referred to the Public Prosecution within 48 hours, and the Public Prosecution must interrogate the accused within 24 hours and then decide whether to order detention or release.

This guide explains what happens after referral to the Public Prosecution in the UAE, how pre-trial detention works, the legal rights of the accused, the possibility of release on bail, and the available procedures for challenging detention orders.

What Does Referral to the Public Prosecution Mean in the UAE?

Referral to the Public Prosecution means that the case moves from the preliminary evidence-gathering stage to the formal investigation stage.

The police and judicial police officers collect initial information, hear statements and secure evidence within the limits prescribed by law. Where the legal requirements are met, the accused is then referred to the competent Public Prosecution.

The Public Prosecution conducts the investigation and takes the legally appropriate action within its jurisdiction.

Therefore, being referred to the Public Prosecution in the UAE does not mean that the accused has been convicted, nor does it necessarily mean that the accused will remain detained or that the case will ultimately go to trial.

Depending on the facts and evidence, the investigation may result in release, a decision that there is no basis for bringing a criminal case, preservation of the papers in cases permitted by law, or referral to the competent court.

Does Referral to the Public Prosecution Mean Imprisonment?

No.

Referral to the Public Prosecution is an investigative procedure, not a criminal sentence.

Likewise, pre-trial detention is not a conviction. It is a precautionary measure subject to specific legal requirements and safeguards.

It is therefore important to distinguish between:

• Arrest.
• Referral to the Public Prosecution.
• Pre-trial detention.
• Referral to the criminal court.
• Final conviction.

Each stage has a different legal nature and different consequences.

What Is the Difference Between a Summons, Arrest and Pre-Trial Detention?

These three terms are sometimes used interchangeably, although they have significantly different legal consequences.

First: Summons to Appear Before the Public Prosecution

A summons requires a person to appear before the competent authority at a specified time and place for a legal procedure.

A summons does not, by itself, constitute a conviction or a finding of guilt.

However, it should be taken seriously because failure to appear without an acceptable justification may, depending on the circumstances and applicable law, result in further legal measures.

Second: Arrest

Arrest is a procedure that restricts a person’s liberty in circumstances permitted by law.

The UAE Criminal Procedure Law identifies circumstances in which an arrest may be made, including certain felonies, certain flagrante delicto misdemeanors, and specified offences where the statutory conditions are satisfied.

An arrest, however, does not mean that the accused has been convicted.

Third: Pre-Trial Detention

Pre-trial detention is an investigative measure rather than a final criminal punishment.

It should not be treated as a prison sentence because criminal liability is ultimately determined through the judicial process and in accordance with the law.

The continuation of detention must therefore comply with the legal conditions, procedures and time limits established by the Criminal Procedure Law.

How Long Can a Person Remain in Police Custody Before Referral to the Public Prosecution?

The Criminal Procedure Law establishes a specific time limit governing the treatment of an arrested person.

Under Article 48, the judicial police officer must inform the accused of the offence attributed to him and of his right to remain silent before taking his statement. The accused must then be referred to the competent Public Prosecution within 48 hours.

This makes documenting the exact time of arrest particularly important.

A criminal defence lawyer should examine not only the substance of the allegations, but also:

• When the arrest took place.
• When the preliminary investigation began.
• When the accused was presented to the authorities.
• When the accused was referred to the Public Prosecution.
• When the interrogation began.
• What procedures were undertaken during this period.

Procedural time limits can be relevant when assessing whether the legal requirements were properly followed.

How Long Does the Public Prosecution Have to Interrogate the Accused?

Once the accused reaches the Public Prosecution, the law requires the interrogation to take place within 24 hours, after which the Public Prosecution decides whether to order pre-trial detention or release, subject to the applicable legal requirements and circumstances of the case.

This is one of the most sensitive stages of a criminal case.

Interrogation before the Public Prosecution is not merely a formal procedure. It may involve detailed questions concerning:

• The alleged offence.
• Contracts and documents.
• Financial transactions.
• Relationships between the parties.
• Electronic communications.
• Previous statements.
• Seized evidence.

For this reason, attending an interrogation without understanding its legal significance can create serious difficulties for the defence.

When Can the Public Prosecution Order Pre-Trial Detention?

Pre-trial detention is not an automatic consequence of filing a criminal complaint.

Whether detention is justified depends on the conditions established by the Criminal Procedure Law and the circumstances of the case.

The defence should examine, among other matters:

1. The nature of the alleged offence.
2. The strength and sufficiency of the available evidence.
3. The statutory penalty for the offence.
4. The circumstances of the accused.
5. The requirements of the investigation.
6. Any legally relevant concerns regarding flight, interference with evidence or the investigation.
7. Whether the statutory conditions for detention are satisfied.

The law distinguishes between offences according to their nature and prescribed penalties. Therefore, the existence of a criminal complaint does not automatically mean that pre-trial detention is legally required.

How Long Can Pre-Trial Detention Last in the UAE?

Following interrogation, a pre-trial detention order may be issued where the statutory requirements are satisfied.

The initial detention period and any subsequent renewal or judicial extension are governed by different legal requirements and authorities.

For this reason, the defence should carefully monitor every procedural date in the case.

Key matters include:

Procedure	Legal consideration
Referral of the arrested person to the Public Prosecution	Within 48 hours
Interrogation before the Public Prosecution	Within 24 hours of referral
Initial detention order	Subject to the statutory period
Renewal of detention by the Public Prosecution	Subject to statutory limits
Judicial extension of detention	Subject to the applicable legal requirements
Challenge or appeal	Subject to specific and often short deadlines

Important: The calculation of detention periods should always be based on the applicable law, the actual order issued in the case and the exact dates on which each procedural step occurred. A general calculation should not be substituted for reviewing the actual case file.

What Are the Rights of an Accused Person Before the Public Prosecution?

The UAE Criminal Procedure Law provides procedural safeguards for accused persons during arrest and investigation.

1. The Right to Know the Charge

An arrested person must be informed of the offence attributed to him before his statement is taken.

2. The Right to Remain Silent

The law requires the accused to be informed of his right to refrain from speaking before his statement is taken.

However, the legal right to remain silent does not mean that remaining silent is necessarily the best defence strategy in every case.

Whether to answer questions or exercise the right to silence should be considered in light of the allegations, available evidence and legal advice.

3. The Right to Legal Representation

Having a lawyer involved at the investigation stage can be particularly important because key defence decisions may need to be made before the case reaches court.

4. The Right to an Interpreter

Where the accused does not understand Arabic, appropriate arrangements should be made to ensure that he understands the investigation and the procedures being undertaken.

An accused person should not sign a statement or document that he does not understand.

5. The Right to Review the Legality of Procedures

The defence may examine the legality of the arrest, search, seizure, evidence handling, interrogation and other procedures relevant to the case.

6. The Right to Request Release

Where permitted by law, the accused may request release, with or without security, depending on the applicable circumstances and the decision of the competent authority.

Can an Accused Person Refuse to Answer Questions Before the Public Prosecution?

Yes. The law recognizes the accused’s right to refrain from speaking, and the accused must be informed of this right before his statement is taken.

However, the more important question is not simply:

“Can I remain silent?”

It is:

“Is remaining silent the appropriate defence decision in my particular case?”

In some cases, presenting a document or legal explanation during the investigation may materially affect the direction of the case. In other cases, an unprepared answer may create unnecessary difficulties.

There is therefore no single approach that is appropriate for every criminal case.

Should a Lawyer Attend the Investigation?

In criminal proceedings, the involvement of a lawyer during the investigation can be important for protecting the accused’s rights and reviewing the legality of the procedures.

A criminal defence lawyer’s role does not begin only when the case reaches court. It may begin from the earliest stages by:

• Reviewing the police report.
• Examining the circumstances of the arrest.
• Reviewing the charge.
• Assessing the preliminary evidence.
• Reviewing statements and admissions.
• Examining search and seizure procedures.
• Monitoring detention periods.
• Preparing applications for release.
• Preparing legal submissions and defences.
• Monitoring procedural deadlines.

Delaying legal advice until after the investigation may deprive the defence of an opportunity to address important issues at the appropriate stage.

When Can Temporary Release Be Requested?

Temporary release is an important legal mechanism available to the defence during an investigation.

Where permitted by law, the accused may request release, which may take the form of:

• Financial security.
• Personal security.
• Release without security.
• Release subject to legally prescribed conditions or measures.

Release does not mean that the criminal case has ended.

It does not necessarily mean that the accused has been acquitted.

Rather, it means that the pre-trial detention is ended or suspended subject to the applicable decision and conditions.

Can an Accused Person Be Released on Bail in the UAE?

Yes, where permitted by law, release may be subject to security determined by the Public Prosecution member or judge, as applicable.

Bail or security is not itself a punishment.

Its purpose is generally to ensure compliance with the obligations imposed on the accused.

Once released, the accused must comply with all applicable conditions, because violating those obligations may result in further legal consequences.

What Happens If the Court Extends Pre-Trial Detention?

An extension of detention does not necessarily end the defence’s legal options.

The law provides procedures for challenging and appealing decisions concerning detention and release, subject to specific conditions and deadlines.

This makes continuous monitoring of the case essential.

The defence should record:

Date of the decision + date of notification + date of knowledge + commencement of the deadline + expiry of the deadline.

Relying on memory or approximate dates is not sufficient in a case involving short procedural deadlines.

What Defences Can Be Considered During the Investigation?

The appropriate defences depend on the facts of each case. However, a criminal defence lawyer may examine issues such as:

Challenge to the Legality of the Arrest

If the statutory requirements for arrest were not satisfied, the defence should examine the legal consequences for subsequent procedures.

Challenge to the Legality of a Search

The defence may review the legal basis for the search, the authority that issued it, its scope, the circumstances in which it was carried out and compliance with applicable safeguards.

Challenge to Procedural Irregularities

The legal consequences of an irregularity depend on the specific procedure, applicable statutory provision and circumstances of the case.

Lack of Sufficient Evidence

The existence of a complaint does not, by itself, establish that a criminal offence has been committed by the accused.

The evidence must be assessed as a whole rather than relying solely on the allegations of one party.

Absence of Criminal Intent

For certain offences, establishing the physical act alone may not be sufficient. The required mental element and other statutory elements must also be examined.

Lack of Connection to the Alleged Conduct

A person’s name appearing in a complaint, transaction, account or communication does not automatically establish that the person committed the alleged offence.

Documents, electronic records, witnesses and expert evidence may be critical in establishing the actual circumstances.

Does an Admission Before the Public Prosecution Automatically Decide the Case?

An admission may be an important element of a criminal case, but it should not automatically be treated as the end of the defence.

The defence may need to examine:

• The circumstances in which the admission was made.
• How it was obtained.
• Whether it corresponds with the established facts.
• Whether other evidence supports it.
• Whether the preceding procedures were lawful.
• Whether the statement was made freely.
• Whether it is consistent with the remainder of the evidence.

A distinction should also be made between a legally relevant admission and statements made during preliminary police procedures.

An accused person should therefore avoid making statements simply because of fear, pressure or a desire to end the situation quickly without understanding the potential legal consequences.

What Should You Do If You Are Summoned by the Public Prosecution?

If you receive a summons or learn that a criminal complaint has been filed against you, do not wait until the situation escalates.

Step 1: Understand the Complaint

Determine:

• What offence is alleged?
• Who filed the complaint?
• What are the alleged facts?
• Are there documents, messages or transactions relevant to the allegations?

Step 2: Seek Legal Advice

Early legal advice allows the defence strategy to be developed before the investigation rather than attempting to correct problems after statements have already been recorded.

Step 3: Preserve Relevant Evidence

Keep original documents, correspondence, contracts, invoices, financial records and relevant electronic communications.

Step 4: Do Not Delete Evidence

Deleting messages or files after learning about a criminal complaint may create additional legal complications.

Step 5: Be Careful When Contacting the Complainant or Witnesses

Even where the purpose is to resolve the dispute, communications with the complainant or witnesses should be carefully considered with legal counsel.

Step 6: Do Not Sign What You Do Not Understand

If you do not understand Arabic or do not understand the content of a document, request the necessary assistance before signing.

Can a Criminal Case Be Resolved Through Settlement or Withdrawal of the Complaint?

This depends on the nature of the offence and the applicable legal provision.

Not every criminal offence is automatically terminated because the complainant withdraws the complaint.

For certain offences where the law requires a complaint as a condition for initiating proceedings, withdrawal may have a legal effect subject to the applicable requirements and deadlines.

For offences prosecuted under the general rules, however, the complainant’s withdrawal does not necessarily terminate the criminal proceedings.

Accordingly, no settlement or waiver should be signed before understanding its legal effect on the criminal proceedings and any related civil claims.

What Happens After the Public Prosecution Completes Its Investigation?

After completing the investigation, the Public Prosecution may take the action it considers legally appropriate based on the evidence and circumstances.

Depending on the case, this may include:

• Preserving or closing the case file where legally permitted.
• Issuing a decision that there is no basis to bring the criminal case where the statutory requirements are satisfied.
• Releasing the accused.
• Referring the accused to the competent court.
• Taking other measures prescribed by law.

The investigation stage is therefore not merely a step before trial. It can be a decisive stage in determining the legal direction of the case.

What Mistakes Should Be Avoided During a Criminal Investigation?

Some mistakes may appear minor but can affect the defence strategy, including:

• Appearing before the Public Prosecution without understanding the allegation.
• Answering questions without understanding their potential legal consequences.
• Signing a statement without reading it carefully.
• Failing to disclose relevant documents to your lawyer.
• Deleting messages or files connected with the case.
• Contacting witnesses or the complainant without proper legal advice.
• Waiting until a detention order is issued before seeking legal assistance.
• Missing deadlines for challenging or appealing detention decisions.

Why Is It Important to Record the Exact Time of Arrest and Interrogation?

Time can be a significant procedural issue in criminal cases.

The defence should record:

• Time of arrest.
• Time the accused was informed of the charge.
• Time the statement was taken.
• Time of referral to the Public Prosecution.
• Time of arrival at the Public Prosecution.
• Time the interrogation began.
• Time the detention order was issued.
• Dates of any renewal or extension orders.
• Date on which the decision was notified to the accused.

These records allow the lawyer to examine whether statutory time limits were respected and whether procedural arguments may be available.

Does Pre-Trial Detention Mean the Accused Will Be Convicted?

No.

Pre-trial detention is not the same as a conviction.

The distinction between preventive detention and a final criminal sentence is fundamental.

A person may be detained pending investigation and the case may subsequently result in release, dismissal, acquittal or another outcome depending on the evidence and applicable law.

A detention order should therefore not be interpreted as a determination of guilt.

Why Is the Public Prosecution Stage So Important in a Criminal Case?

The investigation stage is where the factual and evidentiary framework of the case is developed before trial.

At this stage, the defence can examine:

• The account that gave rise to the complaint.
• The available evidence.
• Statements.
• Documents.
• Expert reports.
• Arrest and search procedures.
• The legal elements of the alleged offence.
• The required criminal intent.
• The basis for detention or release.
• The possibility of resolving the case before referral to court.

For this reason, an experienced criminal defence lawyer does not wait until the case reaches trial before beginning the defence.

How Does a Lawyer Handle a Criminal Case Before the Public Prosecution?

Proper handling begins with building a complete understanding of the case.

This generally includes:

1. Reviewing the police and preliminary investigation reports.
2. Examining the complaint and alleged facts.
3. Identifying the potential legal classification of the conduct.
4. Reviewing evidence and supporting documents.
5. Examining arrest, search and seizure procedures.
6. Monitoring detention periods and orders.
7. Preparing a release application where legally appropriate.
8. Preparing legal submissions and defences.
9. Monitoring renewal and extension decisions.
10. Representing the accused before the Public Prosecution and competent courts.

The objective is not simply to obtain release from detention, but to build a comprehensive legal defence from the earliest stage of the case.

 

Frequently Asked Questions

Does referral to the Public Prosecution mean that I have been convicted?

No. Referral to the Public Prosecution means that the investigation stage has begun or is continuing. It is not a conviction.

How long can the police keep me before referring me to the Public Prosecution?

Under Article 48 of the UAE Criminal Procedure Law, the accused must be referred to the Public Prosecution within 48 hours, subject to the statutory requirements.

How long does the Public Prosecution have to interrogate me?

The Public Prosecution must interrogate the accused within 24 hours and then decide whether to order detention or release, in accordance with the law.

Can I remain silent before the Public Prosecution?

Yes. The accused has the right to refrain from speaking and must be informed of this right before his statement is taken.

Can I request release while the investigation is ongoing?

Yes, where permitted by law. Release may be granted with or without security depending on the circumstances and the decision of the competent authority.

Is pre-trial detention a criminal punishment?

No. Pre-trial detention is an investigative measure and does not constitute a final criminal conviction.

Can I challenge a detention order?

The law provides procedures for challenging and appealing certain detention and release decisions, subject to applicable conditions and strict deadlines. The specific order and date of notification should therefore be reviewed immediately.

Does withdrawing a complaint terminate the criminal case?

Not necessarily. The effect of withdrawal depends on the nature of the offence and whether the law requires a complaint for prosecution or provides for withdrawal in the relevant circumstances.

Should I attend the Public Prosecution alone?

Where possible, obtaining legal advice before attending is advisable, particularly where the allegations may result in criminal liability or pre-trial detention.

Legal Consultant Mohammed Jasem – Criminal Defence in the UAE

Criminal cases require prompt action and careful review of procedural requirements because certain legal deadlines are short, and statements made during the investigation may affect subsequent stages of the case.

Legal Consultant Mohammed Jasem provides legal services in criminal matters, including reviewing criminal complaints and case files, following investigations before the Public Prosecution in the UAE, preparing release applications, reviewing pre-trial detention orders, preparing legal submissions and defences, and representing clients before the competent judicial authorities within the applicable jurisdiction.

Depending on the circumstances of the case, legal services may include matters involving fraud, breach of trust, cheques, cybercrime, assault, defamation and other criminal offences.

Why Is Early Legal Action Important?

Criminal proceedings can develop quickly.

The difference between timely legal preparation and delayed intervention may be significant, particularly where detention, interrogation or short procedural deadlines are involved.

If you have been summoned by the Public Prosecution, arrested, or placed in pre-trial detention in the UAE, obtaining qualified legal advice at the earliest opportunity can help you understand your position, assess the procedures taken against you and determine the appropriate defence strategy.

Conclusion

Referral to the Public Prosecution in the UAE is not a conviction, and pre-trial detention is not a final criminal sentence.

However, the investigation stage remains one of the most important stages of a criminal case because it allows the defence to examine the evidence, challenge unlawful procedures where applicable, assess the legal elements of the alleged offence and pursue available release or challenge procedures before the case reaches trial.

A strong defence begins with understanding your rights, documenting procedural deadlines, reviewing the legality of arrest and search procedures, examining the evidence, approaching interrogation carefully, and monitoring detention, release and appeal procedures within the applicable deadlines.

If you are facing a criminal complaint, summons before the Public Prosecution, arrest order or pre-trial detention in the UAE, obtaining legal advice at an early stage can be important to protecting your rights and developing an effective defence.

Legal Disclaimer

This article is provided for general legal information and public legal awareness only. It does not constitute legal advice, a legal opinion on any specific case, or an attorney-client relationship. The legal position and outcome of each case depend on its facts, evidence, competent authority and the legislation in force at the relevant time. Specific legal advice should be obtained from a qualified legal professional before taking or refraining from any legal action.