Release from Detention in the UAE: Who Can Release You and When

Who can release me?

The Public Prosecution may order provisional release at any time, on its own initiative or at your request, unless you have been sent to court, in which case release is for the court (Article 108(2) of the Federal Decree-Law No. 38 of 2022 (Criminal Procedures Law)). A judge extending detention may instead release you with or without bail (Article 107(2)).

For a crime punishable by death or life imprisonment, release requires the approval of the Attorney General or deputy (Article 108(1)).

When must I be released?

If the prosecution's referral order does not say you remain in custody, you shall be released (Article 126). A court that acquits you releases you if you were held only for that incident (Article 212).

After the case goes to court, decisions to release, detain or place you under electronic monitoring are for that court (Article 113).

Can a release decision be challenged?

Yes. The Public Prosecution may appeal a judge's decision to release a detained accused, and the release can only be executed after the appeal time limit expires. The accused may appeal a decision extending custody (Article 133).

The appeal is filed with the criminal court's clerk's office within 24 hours (Article 135).

Can I be arrested again after release?

Yes. A release order does not prevent a new arrest warrant if the evidence becomes stronger, you fail duties imposed on you, or circumstances require it (Article 112).

The victim or plaintiff cannot ask for your detention, and their statements are not heard on release discussions (Article 114).

What should I do first?

1. Ask for the release order in writing

   It states the conditions.

2. Follow every condition exactly

   A breach can bring re-arrest.

3. Diary the 24-hour appeal period

   For release and extension decisions.

4. Keep your lawyer's number to hand

   Re-arrest can be sudden.

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Frequently asked questions

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Sources

Source: Federal Decree-Law No. 38 of 2022 (Criminal Procedures Law), official English text on the UAE Legislation portal, checked 9 October 2026. The portal lists the law as active and last updated on 28 September 2023. The Arabic text prevails over translations.

This page is general information, not legal advice.