Pre-Trial Detention in Oman: Conditions and How to Challenge It

Pre-trial detention is an exceptional measure serving the investigation — not an advance punishment. It may only be ordered under conditions set by the Law of Criminal Procedure, Royal Decree 97/99; the accused has avenues to challenge it and request release, and its duration is deducted from any sentence imposed. Said Ibrahim Ambusaidi Advocates (SIA), based in Al Khoudh, Muscat, handles release requests and challenges from the first hours after arrest.

When may an accused be remanded in custody?

Under Article 54 of the Law of Criminal Procedure, a pre-trial detention order may only be issued after the accused has been interrogated, where there is a risk of flight or of influencing the course of the investigation — and only where the offence is a felony, or a misdemeanour punishable by imprisonment exceeding three months. The order must be reasoned and contain the particulars the law requires.

The rule, then, is that the accused remains free during the investigation; detention is the exception, justified by a necessity assessed by the investigator under judicial oversight. Article 58 requires that the accused’s statements be heard before the order is issued, with time guarantees for hearing them after arrest.

How does the accused challenge detention and request release?

The accused may challenge the detention order: Article 59 provides for the challenge to be put before the court sitting in chambers, which must decide within three days at most; if it finds nothing justifying the order, the accused must be released immediately. The accused’s lawyer may at any time request release, on bail or otherwise; the request is weighed against the seriousness of the charge, the accused’s circumstances, and the guarantees of attendance. Article 53 even allows the arrest order itself to provide for release upon an undertaking to attend.

Defence experience says early intervention changes outcomes: a reasoned application on day one — answering the grounds for detention point by point and offering alternative guarantees — succeeds far more often than late requests after the situation has settled.

What effect does time in remand have on the sentence?

Time spent in pre-trial detention is not lost. Under Articles 298 to 300 of the law, a custodial sentence runs from the day of arrest, and the periods of remand and arrest are deducted from the sentence imposed. If the accused is acquitted of the offence for which they were remanded, or the investigation is closed, the period may be deducted from the sentence for any other offence committed during or before the detention.

A convicted person still in remand is also released immediately in the cases set out in Article 286 — including where the time already served in remand equals the sentence imposed.

Key facts

• Pre-trial detention requires prior interrogation and is available only for felonies or misdemeanours punishable by more than three months’ imprisonment, by reasoned order, under Article 54 of the Law of Criminal Procedure RD 97/99.
• The accused must be heard before the order is issued, under Article 58.
• The accused may challenge detention before the court in chambers, which must rule within three days at most, under Article 59.
• Release on bail or otherwise may be requested at any time, weighed against the charge and attendance guarantees.
• Remand time is deducted from the sentence under Articles 298 to 300.
• Immediate release follows where remand time equals the sentence imposed, under Article 286.

When to involve a lawyer

Involve a lawyer the moment a detention order is issued, not weeks later. Every day that passes without a considered challenge or release request is a day of your client’s liberty, and early defences on the legality of the arrest and interrogation can dismantle the very evidence the detention was built on.

At Said Ibrahim Ambusaidi Advocates (SIA) we handle the detention file in full: we attend the interrogation, file reasoned challenges and release requests, follow detention renewals, and plead the merits before the courts 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.