Administrative arrest

 - Causes:

If you breach peace or if you are planning to do so, you can be arrested but only if it is absolutely necessary to do so. You will be freed as soon as you no longer represent a threat to public security.

If you disrupt a court hearing;

If you are in a drunken state on the public highway;

In case of brawling;

If you block traffic without authorization;

If you refuse to give your ID documents or if these are questionable;

If you are in the country illegally.

- Duration: maximum 12 hours, 24 hours if you don't have your identity documents (don't forget to sign the arrest register at the beginning and end of your arrest in order to avoid disputes at a later moment). Minimum 2 hours if you have been arrested in a drunken state.

 - Who can arrest you: any police officer can arrest you but he must tell his superior who will decide on maintaining the arrest or not. If the detention is confirmed, the burgomaster (or the Immigration Office if you are illegally in Belgium) will have to be informed.

Rights: It is best to know them in order to defend them.

Here are few elements you must know:

The police officer can only handcuff you if you are being violent, resisting or if you are trying to escape.

The person who is arrested must be informed, in a language he or she understands, about the reasons for the arrest (European Convention on Human Rights). The precise reasons for the arrest must also be indicated in the arrest register.

You have the right to declare nothing (in which case, you must say "je n'ai rien à
dé
clarer") and refuse to sign the report and the arrest register.

If you are not accused of an offence and your identity documents are in order, you have the right to refuse having your photograph and finger prints taken.

It is forbidden for police officers to give your photograph or your identity to the press.

With the help of a police officer, you have the right to call a relative or a lawyer.

You have the right to eat and you can see a doctor. Police officers have to let you take the medication prescribed.

 
- Obligations: You may be asked to hand over all objects in your possession. In which case, an inventory is made in your presence in order to avoid any further complications. Try to stay calm and polite during questioning, otherwise you could be charged with insulting behaviour.

 
- If you are under 18: Your parents or the person responsible for you will have to be informed as soon as possible. You are not allowed to be in the same cell as an adult. Your finger prints can only be taken if you are at least 14 and if you are illegally in the country.