Arrests in Japan FAQ
The best advice to a detainee is to always be co-operative and polite with police.
What is the maximum period I can be detained without charge?
Detention can be extended to 23 days if investigating police determine there is a need to do this (and the prosecutor agrees).
Can I receive visitors / telephone calls within above period?
Usually no. Aside from visits by Embassy staff or your lawyer. If the investigating police lift communication restrictions then friends and family may be allowed to visit. Telephone calls can very rarely be made to, or received from, detainees.
How often can the Embassy visit me?
We will try to do this at least once within the initial detention period and every 4 - 6 weeks after that.
Can I purchase supplementary food etc. through police?
Yes, depending on local police station arrangements and that you have the ready cash.
Can I ask for medical assistance?
Yes, a police doctor will be called and he/she will determine treatment.
Employing a lawyer here will be very expensive, can the Embassy represent me?
NO. The Embassy cannot represent you. Because of costs most defendants opt for a court appointed lawyer. There is no cost to the defendant in this case - however the defendant will need to accept that a court-appointed lawyer will most likely not be appointed until shortly before proceedings, will not be available on an on call basis and probably will speak only limited English.
After arrest it is usually a combination of police and the public prosecutor who determine when Embassy staff can visit. The detainee is usually required to appear before the prosecutor a number of times in the first weeks of detention, and the police may also require the detainee to visit various locations associated with gathering evidence. This combination often means it is difficult to be sure of an interview date and time.
Experience to date is that the maximum period of detention will be applied. The process to charge or release usually proceeds as follows:
- The arrested person will appear before a prosecutor within 48 hours of arrest;
- If not released, the prosecutor will then issue a detention order, initially for a 10 day period;
- At the end of this period and following another appearance before the prosecutor, a further 10 days detention will normally be applied (to a maximum of 23 days, or 28 days in special circumstances).
The place of detention (through to sentencing) is normally the police station first handling the arrest. If there are protracted legal proceedings the detainee may be moved to the main Tokyo Detention Centre.
Some police stations will not permit any visitors for the first 72 hours following arrest, others may not have any restrictions from day one. Visiting and communication privileges can be affected by the nature of the alleged offence.
Many police stations will not permit the detainee access to reading or writing materials (with the exception of a letter from the Embassy concerning the arrest letter), to receive visitors (with the exception of Consular staff and the detainee's lawyer) or to make or receive telephone calls.
All persons arrested are entitled to arrange their own legal representation - or representation by a court appointed lawyer at the court's expense. A private lawyer can be expensive - a drug case for example can start with a retainer of $5,000. A court appointed lawyer is often not appointed until close to commencement of court proceedings.
Deportation
If the person is to be deported, the process will usually commence with the person placed directly into Immigration custody, immediately following completion of court proceedings.
Processing to departure usually takes between 7 and 10 working days. Within this period it is usually difficult for members of the public to make contact.
Note
That the person being deported must provide tickets or the funds to cover ticket costs. If funds for tickets are not available then the person will remain in Immigration detention indefinitely.
Deportation is usually to the home country. We understand that a record of deportation is made in the passport and return to Japan is barred for a period determined by court edict or circumstances applying to the case.