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ChecklistFamily LawMedium
Arrest Rights First Steps Checklist
Arrest Rights First Steps Checklist for preparing documents, facts, dates, and questions connected to family law.
Time to prepare20-60 minutes
Immediately after the arrest
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Get support from a lawyer who works with family law matters.
Before speaking to a lawyer
0/4 completedDuring the consultation
0/3 completedAfterwards
0/3 completedWhen It Applies
You, a family member, employee, or dependant has been arrested, warned, charged, or told to appear at a police station or court.
You need a calm first-step checklist before speaking to a criminal lawyer or Legal Aid.
Not For
- Telling someone what to say to police, contacting witnesses or complainants, resisting arrest, hiding evidence, or deciding defence strategy without a lawyer.
Documents
- ID or passport
- Police station details
- Charge sheet
- Notice to appear
- Bail or warning papers
- Court notice
- SAPS reference
- Medical records
- Photos or videos
- Messages and call logs
- Witness contact details
- Question list
Timeline
- Immediately: confirm location, custody status, charge or reason, and urgent personal needs.
- Before consultation: collect papers and preserve records.
- During consultation: confirm next court or police steps and conduct risks.
- Afterwards: calendar dates and keep conditions visible.
Tips
- Lead with custody location and next appearance date.
- Do not delete, edit, or forward evidence casually.
- Do not contact complainants, witnesses, or co-accused before getting advice.
- Ask about Legal Aid quickly if private representation is not affordable.
Warning Signs
- The person is in custody, injured, medicated, a minor, a foreign national, or needs an interpreter.
- The first appearance is today or tomorrow.
- There are protection orders, firearms, domestic violence, children, serious violence, or co-accused involved.
- Someone is asking family to sign, pay, or make statements urgently.
Official sources
- Criminal Procedure Act 51 of 1977Arrest, detention, first appearance, and bail procedure context.
- Department of Justice criminal law overviewPublic criminal-law process context.
- Legal Aid South Africa criminal mattersLegal-help and criminal-representation route context.
- Legal Practice Council list of legal practitionersLegal-practitioner discovery and verification context.
This checklist is for general information only and does not constitute legal advice.
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