Article 5 of the Saudi Juvenile Law
المادة 5 من نظام الأحداث
The article regulates the arrest of a juvenile: his guardian is informed immediately in flagrante cases, and otherwise the arrest is carried out with the guardian or a Home representative present, or in a way that prevents being alone with him.
Official text (Arabic)
This article has not been amended since the law was issued.
يراعى عند القبض على الحدث في حالات التلبس إبلاغ ولي أمره فوراً أو من يقوم مقامه.
أما في غير حالات التلبس فيراعى حال الحدث، وأن يكون القبض عليه بحضور ولي أمره أو من يقوم مقامه أو مندوب من الدار أو بما يمنع الخلوة أو الانفراد به، ويحاط الحدث وولي أمره أو من يقوم مقامه بالتهمة المنسوبة إليه، وتحدد اللائحة إجراءات القبض.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 5 explained in plain English
This article distinguishes between two cases when a juvenile is arrested:
- A case of flagrante delicto: care is taken to inform the juvenile's guardian or the person acting in his place immediately.
- Cases other than flagrante delicto: the juvenile's circumstances are taken into account, and his arrest is carried out in one of the following ways: with his guardian or the person acting in his place present, or with a representative of the Home present, or in a way that prevents being alone with him or isolated with him.
In cases other than flagrante delicto, the juvenile and his guardian or the person acting in his place must also be informed of the charge against him, so the juvenile and his family do not remain unaware of the reason for the arrest.
The article refers to the Implementing Regulations to set the arrest procedures, and does not give their details.
The article is consistent with those before and after it: Article 4 regulates reports by juvenile complainants and their testimony in the presence of the guardian, and Article 6 provides that notifying a juvenile is not valid unless his guardian or the person acting in his place is notified. The Home, under Article 1, is the body affiliated with the Ministry of Labor and Social Development designated for placing and detaining juveniles.
If your son or daughter has been arrested and you want to know your rights in the case, you can consult a lawyer specializing in criminal cases and juvenile cases.
Practical example
A 16-year-old young man in Taif had an arrest order issued against him in a theft case, and he was not caught in flagrante. Under this article, he is arrested with his father or a Home representative present, or in a way that prevents being alone with him, and he and his father are informed of the charge against him.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 5 of the Saudi Juvenile Law
Must the guardian be informed when a juvenile is arrested?
Yes. In flagrante cases, care is taken to inform his guardian or the person acting in his place immediately.
How is a juvenile arrested in cases other than flagrante delicto?
With his guardian or the person acting in his place or a Home representative present, or in a way that prevents being alone with him, taking the juvenile's circumstances into account.
Is the juvenile informed of the charge?
Yes. In cases other than flagrante delicto, the juvenile and his guardian or the person acting in his place are informed of the charge against him.
More articles on Arrest and Notification of a Juvenile
- Article 4
The article provides that procedures for reports by juvenile complainants and their testimony take place in a suitable place in the presence of the guardian, while reducing the need for them to attend in future.
تكون في مكان مناسب إجراءات ضبط بلاغات الأحداث المدعين، وسماع الشهود من الأحداث, وما يتبعها من إجراءات تتطلب حضور الحدث -لأول مرة- (بوجود ولي أمره أو من يقوم مقا
- Article 6
The article provides that, in all cases, notifying a juvenile is not valid unless his guardian or the person acting in his place is notified.
في جميع الأحوال لا يكون إجراء تبليغ الحدث صحيحاً إلاَّ إذا بُلّغ ولي أمره أو من يقوم مقامه.
- Article 10
The article provides that in places with no juvenile facility, the juvenile's statements are heard in the presence of a guardian or Ministry representative, and he or she is handed to the guardian against an undertaking unless the Public Prosecution sees otherwise.
يسمع رئيس جهة الضبط أو من ينيبه أقوال الحدث -في الأماكن التي ليس فيها دار- بحضور ولي أمره أو من يقوم مقامه، أو مندوبٍ من الوزارة أو بما يمنع الخلوة أو الانفراد
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.