UAE Criminal Procedure Explained

Federal Decree-Law 38 of 2022 has governed UAE criminal procedure since 1 March 2023. It regulates referral, detention, travel restrictions, negotiated procedures and appeals.

Referral Within 48 Hours

Article 48 applies where a person’s statement does not warrant release. In that situation, the person must be presented to the competent Public Prosecution within 48 hours. This marks the transition from the initial police stage to prosecutorial consideration. The accused may be released with or without bail, and a non-Arabic speaker is entitled to interrogation in a language they understand through an official translator or approved technical means.

Prosecution And Court Detention

A detention order issued by the Public Prosecution is valid for seven days and may be renewed for a further period not exceeding 14 days. Continued detention beyond the prosecution periods requires authorisation by the competent criminal court judge. The judge may authorise renewable periods of up to 30 days. These are distinct stages of authority, so the date, issuer and duration of every detention order are material to understanding the current custody position.

Challenging Detention Extensions

Article 133 gives the accused a right to appeal a decision extending detention. Where an extension order was issued in the accused’s absence, a grievance may be submitted to the chief justice of the court within three days of notification or knowledge. The three-day period is separate from the 15-day appeal period applicable to a judgment of the Court of First Instance and should not be confused with it.

Travel Bans And Resolution

Under Article 99, a member of the Public Prosecution may impose a travel ban during investigation without bail and may seize the accused’s passport. Courts at every level, including First Instance, Appeal and Cassation, may impose, vary or lift a ban at any stage. Separately, Articles 360 to 382 provide for plea bargaining in misdemeanours and felonies. Articles 368 to 375 address criminal settlement, but qisas, diya and crimes against juveniles cannot be settled.

Appeal Deadlines And Finality

An accused has 15 days to appeal a judgment to the Court of Appeal, while the Public Prosecution has 30 days. Article 245 provides 30 days for an application to the Court of Cassation. Missing the applicable deadline makes the judgment final and enforceable. PROCONSULT ADVOCATES & LEGAL CONSULTANTS is licensed to appear and represents clients before all courts in the UAE. This is general information, not advice on a specific case. Contacting the firm does not create a lawyer-client relationship.