Unknown user at 14:09, 27 October 2021

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	===Arrest===		===Arrest===

	Police officers may “investigate into the commission of any offence” and the Governor may authorize “any person … who appears to him to be competent for the purpose, to investigate into the commission of any offence.” A suspect may be arrested under a range of circumstances, depending on whether he/she is the subject of an arrest warrant. A suspect may be arrested under warrant when the Judge deems it “necessary or desirable.” The requirements of form and duration of arrest warrants may be found under section 19 of Cap. 155. Where a suspect is arrested under warrant, he must be informed that there is a “warrant for his apprehension unless there is reasonable cause for abstaining from giving such information on the ground that it is likely to occasion escape, resistance or rescue.” The suspect must thereafter be brought “as soon as practicable” before the Court which issued the warrant.		Police officers may “investigate into the commission of any offence”<ref> Criminal Procedure Law Cap. 155, § 4(1).</ref> and the Governor may authorize “any person … who appears to him to be competent for the purpose, to investigate into the commission of any offence.”<ref> Criminal Procedure Law Cap. 155, § 4(2).</ref> A suspect may be arrested under a range of circumstances, depending on whether he/she is the subject of an arrest warrant. A suspect may be arrested under warrant when the Judge deems it “necessary or desirable.”<ref> Criminal Procedure Law Cap. 155, § 18(1).</ref> The requirements of form and duration of arrest warrants may be found under section 19 of Cap. 155. Where a suspect is arrested under warrant, he must be informed that there is a “warrant for his apprehension unless there is reasonable cause for abstaining from giving such information on the ground that it is likely to occasion escape, resistance or rescue.”<ref> Criminal Procedure Law Cap. 155, § 21(2).</ref> The suspect must thereafter be brought “as soon as practicable” before the Court which issued the warrant<ref>Criminal Procedure Law Cap. 155, § 21(3).</ref>.

	In contrast, arrests without judicial warrants are unconstitutional, except where “provided by law in case of a flagrant offence punishable with death or imprisonment” or where a European arrest warrant has been issued. As explained in Kyriakides v. The Police 1 R.S.C.C. 66, “flagrant” means that the commission of the crime and arrest of the suspect must follow each other “directly in point of time and sequence.” These grounds of arrest (without a warrant) are elaborated on in section 14(1) of Cap. 155, except where the “enactment creating the [offence] provides that the offender cannot be arrested without a warrant,” unless the suspect refuses to give his “name and address or gives a name or address which the police officer suspects to be false.” Private persons may also arrest suspects without warrant under the grounds stipulated in section 15(1).		In contrast, arrests without judicial warrants are unconstitutional, except where “provided by law in case of a flagrant offence punishable with death or imprisonment” or where a European arrest warrant has been issued<ref>Cyprus Const. art. 11(3).</ref>. As explained in Kyriakides v. The Police 1 R.S.C.C. 66, “flagrant” means that the commission of the crime and arrest of the suspect must follow each other “directly in point of time and sequence.” These grounds of arrest (without a warrant) are elaborated on in section 14(1) of Cap. 155, except where the “enactment creating the [offence] provides that the offender cannot be arrested without a warrant,”<ref> Criminal Procedure Law Cap. 155, § 14(2).</ref> unless the suspect refuses to give his “name and address or gives a name or address which the police officer suspects to be false.” Private persons may also arrest suspects without warrant under the grounds stipulated in section 15(1).

	When making an arrest, the police officer (or “other person making an arrest”) may touch or confine the subject of arrest, unless the subject had submitted to custody “by word or action.” Different provisions govern the search of an arrested/unarrested person, depending on whether there is a warrant out for his/her arrest. Section 10(1) grants police officers the power to search arrested persons, “using such force as may be reasonably necessary for such purpose and may seize any article or document found in the possession of such person which such police officer has sufficient reason to believe may form material evidence against the person searched, or any other person, on a criminal charge.” If the police officer does not have an arrest warrant, he still has the authority to “detain and search any person whom he reasonably suspects of carrying, conveying or concealing any article or document in respect of which any offence is about to be committed or is being committed or has recently been committed,” and to “enter upon and search any place” according to the conditions under section 25(1)(b). Where a police officer (or “one having authority to arrest whether under a warrant or not”) is pursuing a suspect evading arrest, the authority figure is given “free ingress [to a place] and shall afford all reasonable facilities to search therein for the person sought to be arrested.”		When making an arrest, the police officer (or “other person making an arrest”) may touch or confine the subject of arrest, unless the subject had submitted to custody “by word or action.”<ref> Criminal Procedure Law Cap. 155, § s9(1).</ref> Different provisions govern the search of an arrested/unarrested person, depending on whether there is a warrant out for his/her arrest. Section 10(1) grants police officers the power to search arrested persons, “using such force as may be reasonably necessary for such purpose and may seize any article or document found in the possession of such person which such police officer has sufficient reason to believe may form material evidence against the person searched, or any other person, on a criminal charge.” If the police officer does not have an arrest warrant, he still has the authority to “detain and search any person whom he reasonably suspects of carrying, conveying or concealing any article or document in respect of which any offence is about to be committed or is being committed or has recently been committed,”<ref> Criminal Procedure Law Cap. 155, § 25(1)(a).</ref> and to “enter upon and search any place” according to the conditions under section 25(1)(b). Where a police officer (or “one having authority to arrest whether under a warrant or not”) is pursuing a suspect evading arrest, the authority figure is given “free ingress [to a place] and shall afford all reasonable facilities to search therein for the person sought to be arrested.”<ref> Criminal Procedure Law Cap. 155, § 11(1).</ref>

	When the arrested person is taken to a police station, he “shall, without delay, be informed of the charge against him.” Each suspect must also be informed of his rights under Art. 17 of Act N.163(I)/2005. While in custody, arrested persons must be given “reasonable facilities for obtaining legal advice for taking steps to obtain bail and otherwise for making arrangements for his defence or release.” Arrested persons are also given the right to “personally contact a lawyer” following his/her arrest, “without any other person being present.” Charges must follow the form specified by section 38 Cap. 155, and must be framed according to section 39. Under section 154(1), the Attorney-General may dismiss charges by entering a nolle prosequi. This would entail a discharge of the suspect, although the dismissal of charges does not act as a “bar to any subsequent proceedings against [the suspect] for the same offence or on account of the same facts.”		When the arrested person is taken to a police station, he “shall, without delay, be informed of the charge against him.”<ref> Criminal Procedure Law Cap. 155, § 13.</ref> Each suspect must also be informed of his rights under Art. 17 of Act N.163(I)/2005<ref>Act N. 163(I)/2005 is the Rights of Detained Persons Law.</ref>. While in custody, arrested persons must be given “reasonable facilities for obtaining legal advice for taking steps to obtain bail and otherwise for making arrangements for his defence or release.”<ref> Criminal Procedure Law Cap. 155, § 13.</ref> Arrested persons are also given the right to “personally contact a lawyer” following his/her arrest, “without any other person being present.”<ref> Act N.163 (I)/2005, art.3(1)(a), see also Cyprus Const. art. 11(4).</ref> Charges must follow the form specified by section 38 Cap. 155, and must be framed according to section 39. Under section 154(1), the Attorney-General may dismiss charges by entering a nolle prosequi. This would entail a discharge of the suspect<ref> Criminal Procedure Law Cap. 155, § 154(2).</ref>, although the dismissal of charges does not act as a “bar to any subsequent proceedings against [the suspect] for the same offence or on account of the same facts.”<ref> Criminal Procedure Law Cap. 155, § 154(3).</ref>

	===Pre-trial Detention===		===Pre-trial Detention===

	After an arrest, arrested persons must be brought before a judge “as soon as is practicable after his arrest, and in any event not later than twenty-four hours after the arrest.” There are a number of ways in which an arrested person may be released after arrest.		After an arrest, arrested persons must be brought before a judge “as soon as is practicable after his arrest, and in any event not later than twenty-four hours after the arrest.”<ref> Criminal Procedure Law Cap. 155, § 11(5).</ref> There are a number of ways in which an arrested person may be released after arrest.
	If an arrested person was detained without a warrant for “an offence other than an offence punishable with death,” and if said person was unable to appear before a Court within twenty-four hours, the officer in charge may release the person on bond, “unless the offence appears to the officer to be of a serious nature” while investigating the case. However, if the officer decides to retain the arrested person in custody, the officer must bring said person “before a Judge as soon as practicable.” In the event the officer is unable to complete the investigation immediately, the officer may release the arrested person upon “entering into a recognizance” that the arrested person must “appear at such police station and at such time as is named in the recognizance.” The officer may also, in writing, waive the service of such recognizance. After investigating, the police may release arrested persons after concluding that there is insufficient evidence to prove the charge against an arrested person.		If an arrested person was detained without a warrant for “an offence other than an offence punishable with death,” and if said person was unable to appear before a Court within twenty-four hours, the officer in charge may release the person on bond, “unless the offence appears to the officer to be of a serious nature” while investigating the case.<ref>Criminal Procedure Law Cap. 155, § 17(a).</ref> However, if the officer decides to retain the arrested person in custody, the officer must bring said person “before a Judge as soon as practicable.” In the event the officer is unable to complete the investigation immediately, the officer may release the arrested person upon “entering into a recognizance” that the arrested person must “appear at such police station and at such time as is named in the recognizance.”<ref>Criminal Procedure Law Cap. 155, § 17(b).</ref> The officer may also, in writing, waive the service of such recognizance. After investigating, the police may release arrested persons after concluding that there is insufficient evidence to prove the charge against an arrested person.<ref> Criminal Procedure Law Cap. 155, § 17(c). </ref>
	Where a judge had initially issued a warrant for the arrested person’s arrest, the judge may, “if he thinks fit,” release the arrested person on bond unless the person was accused of committing an “offence punishable with death.” However, a judge has the discretion to retain arrested persons in custody for a period “not exceeding eight days at any one time,” if the investigation against said person has not been completed, and if a police officer “not below the rank of an inspector” makes such application. This is consistent with the constitutional protections given to arrested persons, under which a judge shall either release a person or remand him “for a period not exceeding eight days at any one time,” “[p]rovided that the total period of such remand in custody shall not exceed three months of the date of the arrest.”
	The right of an accused person to be released is severely curtailed, where the alleged offence committed may be punishable by death. A person who has been sentenced to death cannot be released on bail under any circumstances, and a person who is “charged of any offence punishable with death” shall only be released on bail “by an order of a Judge of the Supreme Court.”		Where a judge had initially issued a warrant for the arrested person’s arrest, the judge may, “if he thinks fit,” release the arrested person on bond unless the person was accused of committing an “offence punishable with death.”<ref> Criminal Procedure Law Cap. 155, § 23(1).</ref> However, a judge has the discretion to retain arrested persons in custody for a period “not exceeding eight days at any one time,” if the investigation against said person has not been completed, and if a police officer “not below the rank of an inspector” makes such application<ref> Criminal Procedure Law Cap. 155, § 24.</ref>. This is consistent with the constitutional protections given to arrested persons, under which a judge shall either release a person or remand him “for a period not exceeding eight days at any one time,” “[p]rovided that the total period of such remand in custody shall not exceed three months of the date of the arrest.”
	The hearing of an accused person’s case is governed by the procedures under section 74(1) of Cap. 155. The accused has the right to be “present at the Court during the whole of the trial so long as he conducts himself properly.” If the accused fails to do so, the Court may “direct him to be removed and kept in custody,” while proceeding with his trial.		The right of an accused person to be released is severely curtailed, where the alleged offence committed may be punishable by death. A person who has been sentenced to death cannot be released on bail under any circumstances, and a person who is “charged of any offence punishable with death” shall only be released on bail “by an order of a Judge of the Supreme Court.”<ref> Criminal Procedure Law Cap. 155, § 157(2).</ref>
			The hearing of an accused person’s case is governed by the procedures under section 74(1) of Cap. 155. The accused has the right to be “present at the Court during the whole of the trial so long as he conducts himself properly.”<ref> Criminal Procedure Law Cap. 155, § 63(1).</ref> If the accused fails to do so, the Court may “direct him to be removed and kept in custody,” while proceeding with his trial.<ref> Criminal Procedure Law Cap. 155, § 63(2).</ref>

	===Right to Defense===		===Right to Defense===

	The Cypriot Constitution protects the right to defense of accused persons. Article 11(4) of the Constitution safeguards this right in two main ways: first, the arrested person “shall be informed at the time of his arrest in a language which he understands of the reasons for his arrest,” and second, such person shall “be allowed to have the services of a lawyer of his own choosing.” The accused person may also be represented by a court-appointed advocate, depending on the “gravity, difficulty or other circumstances of the case [that may] make it desirable in the interests of justice.” Persons who are “tried for an offence punishable with death” are entitled to a court-appointed advocate.		The Cypriot Constitution protects the right to defense of accused persons. Article 11(4) of the Constitution safeguards this right in two main ways: first, the arrested person “shall be informed at the time of his arrest in a language which he understands of the reasons for his arrest,” and second, such person shall “be allowed to have the services of a lawyer of his own choosing.”<ref> Cyprus Const. art. 11(4)</ref> The accused person may also be represented by a court-appointed advocate, depending on the “gravity, difficulty or other circumstances of the case [that may] make it desirable in the interests of justice.”<ref>Criminal Procedure Law Cap. 155, § 64(1).</ref> Persons who are “tried for an offence punishable with death” are entitled to a court-appointed advocate.

	===Appeal===		===Appeal===

	Generally, there is no appeal in criminal cases except as provided by Part V. of Cap. 155, and there is no appeal after an acquittal “except at the instance or with the written sanction of the Attorney-General.”		Generally, there is no appeal in criminal cases except as provided by Part V. of Cap. 155<ref>Criminal Procedure Law Cap. 155, § 131(1).</ref>, and there is no appeal after an acquittal “except at the instance or with the written sanction of the Attorney-General.”<ref>Criminal Procedure Law Cap. 155, § 131(2).</ref>
	There are, however, exceptions to this general rule. First, persons who are convicted by an Assize Court “and sentenced to death or to any term of imprisonment or to a fine exceeding twenty pounds” may appeal to the Supreme Court, under the conditions stipulated in section 132(1) of Cap. 155. The threshold for appeal is lower for persons convicted by a District Court, as persons who are “sentenced to any term of imprisonment or to a fine, exceeding ten pounds” may appeal their conviction. However, both situations are qualified by sections 135 (“plea of guilt”) and 136 (“certain cases of imprisonment”) of the Law. Under section 135, a person who has pleaded guilty to a crime may only appeal their sentence, unless it is fixed by Law, or against his/her conviction “on the ground that the facts alleged in the charge or information to which [the person] pleaded guilty did not disclose any offence.” Under section 136, there is no appeal in cases where a person had been imprisoned “for failure to comply with an order for the payment of any penalty or other money, for finding sureties, for entering into any recognizance or for giving any security.”		There are, however, exceptions to this general rule. First, persons who are convicted by an Assize Court “and sentenced to death or to any term of imprisonment or to a fine exceeding twenty pounds” may appeal to the Supreme Court, under the conditions stipulated in section 132(1) of Cap. 155. The threshold for appeal is lower for persons convicted by a District Court, as persons who are “sentenced to any term of imprisonment or to a fine, exceeding ten pounds” may appeal their conviction<ref>Criminal Procedure Law Cap. 155, § 133(1).</ref>. However, both situations are qualified by sections 135 (“plea of guilt”) and 136 (“certain cases of imprisonment”) of the Law. Under section 135, a person who has pleaded guilty to a crime may only appeal their sentence, unless it is fixed by Law<ref>Criminal Procedure Law Cap. 155, § 135(a).</ref>, or against his/her conviction “on the ground that the facts alleged in the charge or information to which [the person] pleaded guilty did not disclose any offence.”<ref>Criminal Procedure Law Cap. 155, § 135(b).</ref> Under section 136, there is no appeal in cases where a person had been imprisoned “for failure to comply with an order for the payment of any penalty or other money, for finding sureties, for entering into any recognizance or for giving any security.”
	Second, the Attorney-General may, on his/her own initiative, “appeal or sanction an appeal” from a judgment of acquittal under the circumstances specified in section 137. The Attorney-General may also appeal or sanction an appeal from a judgment of a District Court, based on the sufficiency of a sentence. All notices of appeal, and application for leave to do as such must adhere to the form stipulated in section 138. However, the Judge of a Supreme Court has the discretion to refuse leave to appeal.		Second, the Attorney-General may, on his/her own initiative, “appeal or sanction an appeal” from a judgment of acquittal under the circumstances specified in section 137<ref>Criminal Procedure Law Cap. 155, § 137(1)(a).</ref>. The Attorney-General may also appeal or sanction an appeal from a judgment of a District Court, based on the sufficiency of a sentence<ref>Criminal Procedure Law Cap. 155, § 137(1)(b).</ref>. All notices of appeal, and application for leave to do as such must adhere to the form stipulated in section 138. However, the Judge of a Supreme Court has the discretion to refuse leave to appeal.
	Where an accused person has been sentenced, sections 147(1) and (2) govern the commencement and suspension of said person’s sentence after appeal. If the accused person has been sentenced to imprisonment, his/her sentence runs “from the date of the judgment of the Supreme Court determining the appeal.” If the accused person’s conviction is quashed, the appellant shall “be set at liberty and any penalty, if already paid, shall be refunded.” Nonetheless, the Supreme Court has wide discretion in issuing directions “in respect of further proceedings and of the custody of the appellant or his release on bail or the suspension of the payment of any penalty as it may deem fit.”		Where an accused person has been sentenced, sections 147(1) and (2) govern the commencement and suspension of said person’s sentence after appeal. If the accused person has been sentenced to imprisonment, his/her sentence runs “from the date of the judgment of the Supreme Court determining the appeal.”<ref>Criminal Procedure Law Cap. 155, § 147(1).</ref> If the accused person’s conviction is quashed, the appellant shall “be set at liberty and any penalty, if already paid, shall be refunded.”<ref>Criminal Procedure Law Cap. 155, § 147(2).</ref> Nonetheless, the Supreme Court has wide discretion in issuing directions “in respect of further proceedings and of the custody of the appellant or his release on bail or the suspension of the payment of any penalty as it may deem fit.”<ref>Criminal Procedure Law Cap. 155, § 147(3).</ref>

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Cyprus - Revision history

Unknown user at 11:12, 1 November 2021

Unknown user at 14:09, 27 October 2021

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