What Happens After an Arrest in the UAE

Under Federal Decree-Law No. 38 of 2022 (the UAE’s Criminal Procedures Law), a person taken into custody must be referred to the Public Prosecution within a legally defined window — commonly cited as within 24 to 48 hours of arrest, depending on the specific circumstances and how the initial detention period is counted. Extended detention beyond that window without a prosecution referral is not lawful.

An arrest can happen with a warrant issued in advance, or without one in specific circumstances recognized by law (for example, where someone is caught in the act of committing an offense).

During this initial period, a person generally has the right to know the reason for the arrest, and it is generally advisable to request legal representation before making any detailed statement — even if you believe explaining your side quickly would help.

The Public Prosecution is the body that investigates and prosecutes criminal matters in the UAE — a distinct authority from the police, responsible for the interrogation stage and the decision on what happens next.

Once referred, the Public Prosecution generally questions the accused and then decides whether to order release, release on bail or conditions, or continued custody (remand) pending further investigation.

A right to an interpreter, where needed, and a right to have a lawyer present during this questioning are both part of the process — if you don’t have a lawyer arranged yet, this is one of the most important moments to try to secure one quickly.

If the Public Prosecution orders remand rather than release, that initial custody order is time-limited and must be periodically renewed — it is not an open-ended hold.

Beyond the Public Prosecution’s own renewal period, further extension of custody generally requires a court judge’s order, with its own defined, renewable periods — remand is subject to ongoing judicial oversight, not a single decision that lasts indefinitely.

A lawyer can request a review of a remand decision and, in appropriate cases, apply for bail on your behalf at each stage.

Bail in the UAE, referred to as kafala, can be personal (a guarantor) or financial, and is not automatic — it is decided by the Public Prosecution or, at later stages, a judge, based on the specific matter.

The amount and conditions vary considerably by case. A lawyer can advise on whether applying for bail is realistic in your specific situation and help present the application.

Not every arrest leads to a full trial — many matters resolve at earlier stages, including release without charge if the Public Prosecution finds insufficient grounds to proceed.

Where a matter does proceed, it moves through investigation, potential formal charges, and, if it isn’t resolved earlier, a hearing before the Court of First Instance’s criminal division.

From there, a defendant generally has appeal rights, and ultimately a further, narrower right to challenge the case at the Court of Cassation on points of law — each stage carries its own deadlines, which is exactly the kind of detail a lawyer confirms against your specific judgment once one has been issued.

As early as possible — ideally before any detailed statement is given to police or the Public Prosecution, though a lawyer can still help meaningfully at any later stage too.

If you’re a family member trying to help someone who has been arrested, you can generally still take steps to arrange legal representation on their behalf, even before speaking with them directly.