Right Against Arbitrary Detention

Source: Law of Criminal Procedure (Royal Decree No. M/2, 2001), Articles 35, 113-114; Basic Law of Governance (1992), Article 36

Written in plain language for general understanding. This is educational content, not legal advice. Based on Saudi royal decrees, regulations, and ministerial decisions.

Saudi National Law

What is this right?

The law sets strict time limits on how long you can be held without charges:

  • Initial detention: Police can hold you for up to 24 hours before transferring your case to the Public Prosecution.
  • Investigation detention: The Public Prosecution can order detention for up to 5 days for investigation purposes.
  • Extensions: Detention can be extended in 5-day increments up to a maximum of 40 days by the Public Prosecution. Beyond that, only a court order can extend detention.
  • Maximum pre-trial detention: Total pre-trial detention should not exceed 6 months without the case being referred to court. After 6 months, the detainee must be released or formally charged and tried.
  • Record keeping: Every detention must be recorded in writing with the date, time, and reason.

When does it apply?

  • You have been arrested and are being held in a police station or detention facility.
  • You have been detained for investigation by the Public Prosecution.
  • This applies to all persons — Saudi and foreign nationals alike.

What should you do?

  • Track the dates — note when you were first detained and when each extension was ordered.
  • Ask for the detention order — the authority must have a written legal basis for holding you.
  • If you have been held beyond the legal time limits, your lawyer can petition the court for your immediate release.
  • Notify your family or embassy as soon as possible.

What should you NOT do?

  • Do not lose track of time — knowing how long you have been held is essential for challenging unlawful detention.
  • Do not assume extended detention is automatic — each extension requires a separate written order.
  • Do not attempt to escape — this creates new criminal charges regardless of whether your detention was lawful.

You came here to know your rights — help someone else know theirs.

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