UAE legal Q&As: Understanding UAE law

Did you know that you could be deported from the UAE for being caught kissing in public or for flashing a middle finger at someone? These are some of the little-known areas of law that a new weekly question-and-answer series aims to throw the spotlight on.
Yousef Al Bahar, advocate at Al Bahar & Associates Advocates and Legal Consultants, answers questions about the UAE legal system.
Q: What is the maximum length of time I can be held in custody without being charged?
A: As per article 47 of criminal procedures code no 35 of 1993 and its amendment, the police have 48 hours to either close the file or transfer the accused to public prosecution. The public prosecutor then has 24 hours to either charge the accused or release them.
If the prosecutor wished to keep the person in custody for a longer period, the case would have to be presented in front of a judge in a court of law. The judge will rule and can approve up to an extra seven days in custody. After the seven days, if prosecutors still wanted to keep the accused in custody, the process for more time can be repeated - several times, depending on the importance of the case and the strength of evidence in prosecutors' hands. If the judge rules that it is not necessary to keep the accused in custody, he orders immediate release. Prosecutors can appeal against the judge's verdict and an appeals court judge will then look at the case.
Q: Is there such a thing as a public defender who would be supplied to work as my lawyer by the court at no cost to me?
A: In criminal cases, such as murder, rape or drugs cases, where the penalty can sometimes be death, the court appoints a lawyer for a minimal fee to represent the accused at the cost of Court's Treasury. There is a list of all registered lawyers available to judges, from which the court assigns a lawyer according to his or her place on the list. If a lawyer does not honour their assignment, the Ministry of Justice will take steps against the individual. However, with less serious cases, such as breach of trust, bounced cheques or any other minor offence, the court is not liable to provide a lawyer for the accused. If the accused cannot afford a lawyer they will still be able to defend themselves before the court either verbally or by submitting a written defence argument.
Q: Has there ever been an instance where a man was arrested simply for living in the same house as a woman who wasn't his wife or is it just a charge that is added if the person in question is arrested on other charges?
A: This is considered a Khilwa Muharrama, or unlawful cohabitation. The person in question could be prosecuted for it if the woman he lives with is a minor or is married and her husband lodged a complaint against her.
In other cases, the person would be held accountable if it was proven that he incited the woman or helped her to commit acts of immorality or debauchery or if he has had sexual relations with her, be it consensual or non-consensual.
A man found in a cohabitation situation with a woman who is not his wife is liable to be charged irrespective of any other charges. Cohabitation constitutes a crime in itself. However, sexual charges would be presented if the woman was to accuse her cohabiter. For instance, if a man was arrested at his home on drug-related charges and was found to be living with a woman who is not his wife, he would be charged with sexual assault only if the woman accused him of it. If the woman did not accuse the man of sexual assault and she is not a minor or married to another man, and if forensic tests do not provide evidence of illegal sexual relations, no charges of sexual assault would be pressed against the man.
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