Detained over the weekend: what happens when the courts are closed
Detentions keep no schedule: they happen in the early hours, on holidays and at weekends, precisely when the uncertainty of those around the detainee is at its greatest. That is why it is worth knowing exactly what happens when someone is detained on a Saturday, a Sunday or a public holiday.
The fundamental principle is that the calendar does not interrupt rights. The Constitution establishes no exceptions on the basis of the day or the hour: the right to remain silent, to the assistance of a lawyer, to be informed of the reasons for the detention and to have it communicated to a relative are enforceable just as much on Monday morning as in the early hours of Saturday. Nor is the maximum 72-hour period suspended: if the detention takes place at midnight on Friday, the period expires at midnight on Monday, because the hours run continuously. The police cannot use the weekend as an excuse to prolong the detention by claiming that the courts are closed.
The institution that guarantees the continuity of the service is the duty court, which operates 24 hours a day, 365 days a year. It temporarily assumes the competences of the assigned investigating court: it can receive complaints, decide on the detainee's situation, process habeas corpus and adopt any urgent decision. An appearance before the duty court has exactly the same legal value as before any other court: the duty judge has full competence to decide between release and pre-trial detention.
Legal assistance is also guaranteed. The Bar Association organises a duty roster for assistance to detainees that operates without interruption; if the detainee requests a court-appointed lawyer, the police must contact the Bar Association so that it designates the duty lawyer, who must appear before any questioning. If the detainee has a trusted criminal lawyer, they may ask for that lawyer to be contacted directly.
The procedure is essentially the same as on any other day. The wait for the lawyer may be somewhat longer at the weekend, especially in the early hours, but that delay never justifies starting the questioning without the lawyer. If the 72-hour period expires at the weekend, the police must act immediately: they must either release the detainee or bring them before the duty court. If they hold them beyond the period, the detention is unlawful and habeas corpus may be brought before the duty court, without waiting until Monday.
There are some practical differences: a longer wait for the court-appointed lawyer, the possibility that the duty court is in another locality of the judicial district, less availability of experts and auxiliary services, and sometimes more concise decisions owing to time pressure, although the guarantees remain enforceable with the same intensity.
The family can act immediately: contact the trusted lawyer, call the Bar Association, confirm the detainee's whereabouts, request habeas corpus if the time limits are exceeded and note the exact time of the detention. The key is not to waste time. And, as a precaution, it is advisable to have the contact details of a go-to criminal lawyer before needing them.
