Your Rights if Arrested in Oman: Detention, Defence and Release

An accused person in Oman is innocent until proven guilty by a judicial ruling, and has the right of defence and the right to a lawyer from the very start of proceedings, under the Basic Statute of the State, Royal Decree 6/2021, and the Law of Criminal Procedure, Royal Decree 97/99. Said Ibrahim Ambusaidi Advocates (SIA), based in Al Khoudh, Muscat, handles criminal defence before the Public Prosecution and the courts at every stage of the case.

What are your basic rights on arrest and detention?

Omani law guarantees the accused several essential safeguards. The first is the presumption of innocence: a person is not treated as guilty merely because of an accusation, and the burden of proof lies on the Public Prosecution. The second is that arrest and search may take place only in accordance with the law and by order of the competent authority, except in cases of flagrante delicto. The third is the right of the accused to be informed of the charge against them and the reasons for their detention.

The accused also has the right to a lawyer, the right to remain silent, and the right not to be compelled to give statements against themselves or to confess. Torture and degrading treatment are prohibited, and any statement obtained under coercion has no value.

How do detention periods work before the Prosecution?

After arrest, the police bring the accused before the Public Prosecution, which is the investigating and charging authority in Oman. The Prosecution may order pre-trial detention if the interest of the investigation requires it, for a defined period that is renewable under the conditions and limits set by the Law of Criminal Procedure, Royal Decree 97/99, and under judicial supervision.

Pre-trial detention is an exceptional measure aimed at the interest of the investigation, not a punishment in advance. The accused’s lawyer may therefore request release, on bail or otherwise, assessed according to the seriousness of the charge, the circumstances of the accused, and the guarantee of their attendance. We follow this from its earliest hours, because early intervention often changes the course of a case.

What is the lawyer’s role in a criminal case?

The lawyer’s role begins before the court. The lawyer attends the investigation with the client where the law allows, reviews the file, submits requests for release and both procedural and substantive defences, and challenges the evidence and witnesses. Before the court, the lawyer argues the merits, challenges the legality of an arrest, search, or confession where there is a defect, and seeks acquittal or a reduced penalty.

The role does not end with the first-instance judgment: an appeal, and then a challenge before the Supreme Court in the cases the law permits, are available within set time limits, and missing those limits forfeits the right to challenge.

Key facts

• The accused is innocent until proven guilty, and the burden of proof lies on the Public Prosecution, under the Basic Statute of the State, RD 6/2021.
• Arrest and search take place only in accordance with the law, except in cases of flagrante delicto.
• The accused has the right to remain silent and the right to a lawyer from the start of proceedings.
• A confession obtained under coercion or torture has no legal value.
• Pre-trial detention is an exceptional measure for a defined, renewable period under judicial supervision, per the Law of Criminal Procedure RD 97/99.
• Appeal and further challenge are subject to strict time limits that forfeit the right if missed.

When to involve a lawyer

Involve a lawyer the moment you are arrested or summoned for investigation, not after judgment. The statements you give in the first hours, requests for release, and challenges to the legality of the procedure are the foundation the case is built on. Attending an investigation without advice can waste defences that cannot be recovered later.

At Said Ibrahim Ambusaidi Advocates (SIA) we handle criminal defence in all its forms: we attend with you before the Prosecution, request release, prepare the defence, and plead before the Primary Courts, the Court of Appeal, and the Supreme Court across Oman. The first consultation is free by phone or WhatsApp on +968 9706 3030. We are based in Al Khoudh, Seeb, Muscat, and work Sunday to Thursday, 9:00 to 13:00 and 14:00 to 17:00, in Arabic and English.

This article is general legal information, not legal advice.