Can the Police Hold You Over the Weekend After an Arrest?

Constitutional Law, Criminal Law, Criminal Procedure, Question & Answer

24 June 2026

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2–3 minutes

Issue: When must the police take you to court after your arrest?

Here’s a question from Thoko:

My brother was arrested on a Wednesday late afternoon for allegedly assaulting someone. The police say he will only appear in court on Monday. Can they keep him in custody for that long?

From The Legal Desk

Thanks for you question, Thoko. When a loved one is arrested, it is always a difficult time, not only for them but also for their family and friends. There are instances where people believe the police intentionally make arrests on a Friday so that a suspect remains in custody over the weekend. But are there legal time limits that the police must follow before bringing an arrested person before a court? Let’s take a look at the legals…

In South Africa, a person who has been arrested must be brought before a lower court as soon as reasonably possible and, in most cases, no later than 48 hours after the arrest. Importantly, the 48mhour period starts running from the moment of arrest, not from the time the person arrives at the police station.

For purposes of calculating the deadline, a “court day” is a day on which the court normally sits. “Ordinary court hours” are from 9:00 am to 4:00 pm.

You have not indicated exactly when your brother was arrested; you merely stated that it was “late afternoon.” If, for example, your brother was arrested at 3:00 pm on a Wednesday, the 48 hour period would expire at 3:00 pm on Friday. Because Friday is an ordinary court day and 3:00 pm falls within normal court hours, he must be brought before a court by 3:00 pm on Friday. The police cannot simply wait until Monday because it is more convenient for them to do so.

However, the position changes if the 48 hour period expires outside ordinary court hours or on a day when the court does not sit. For example, if your brother had been arrested at 4:30 pm on Wednesday, the 48-hour period would expire at 4:30 pm on Friday, which is after ordinary court hours. In that situation, the law allows the police to bring him before court by the end of the next court day, which would usually be Monday at 4:00 pm.

Regardless of the timing, the authorities must always bring an arrested person before court as soon as reasonably possible. If you believe someone is being detained longer than the law permits, seek legal advice without delay.