When Can You Be Charged in Court
You can be charged in Court only after investigations have been
carried out. This investigation is necessary to decide if there is any
evidence of a crime having been committed by you.
Who Can Investigate You
Police officers
Central Narcotics Bureau ('CNB') officers
Corrupt Practices Investigation Bureau ('CPIB') officers
Immigration officers
Customs officers
Commercial Affairs Department ('CAD') officers and any other officers who are given the power to investigate under the Law.
When Can Investigations Start
Immediately, if a police report is made against you or if you are
suspected of being involved in an offence for which you can be arrested
without a warrant.
Examples of such offences are:
What Can an Investigating Officer Do
Some of the powers of an investigating officer are as follows:
To order a person to go to a police station or other place for
questioning and for taking of a statement;
To record what you have to say and ask you to sign it;
To search a place and take away things to be used as evidence;
To seize properties which may be exhibits in the case.
Can You be Detained During Investigation
When you are arrested, you can be detained for a maximum period of 48
hours from the time of your arrest. Before the end of 48 hours if you
are not released, the officer investigating your case must produce you
in Court, and formally charge you.
However, if the officer wants to investigate the case further without
charging you then he must still bring you to Court. In Court the officer
must tell the Judge the reason/s why he wants to detain you further. The
Judge will consider the reason/s given and then decide whether you are
to be further detained.
If the officer does not wish to further detain you, he may let you go
on a personal promise or put you on police bail to make sure you go back
to the station or attend Court when told to do so. Your bailor may have
to prove his means by depositing cash, fixed deposit certificates,
passbooks, car log books or title deeds to a property, share
certificates or valuables etc. In certain cases, bail may not be
offered, for example, if you are charged with murder or if your release
on bail will hamper police investigation.
Must You Be Told the Reason for Your Arrest
Upon your arrest, you are entitled to know the reason for your
arrest.
Statements
The law provides for the taking of two kinds of statements:
a Witness Statement, (or sometimes called an Investigation Statement); and/or
a Cautioned Statement from a person being charged.
Generally, an accused is required to give both kinds of statements.
Witness Statement
This statement is given when the police question you about the facts
and circumstances of the case with which you may be acquainted. You are
bound to answer truthfully. However, you have a right to choose not to
make a statement with regard to any matter which will expose you to a
criminal charge. You should always read your statement carefully and
ensure that it says what you intend to say before signing it.
Cautioned Statement
This type of statement is required to be given upon an accused being
charged with an offence.
When you are charged, the investigating officer will warn you by
written notice served on you. In the notice, the charge is set out and
you will be asked whether you wish to say anything in answer to the
charge. The notice also advises you to mention whatever facts you intend
to rely on in your defence at the trial. For example, if you did not
commit the crime or you were elsewhere when the crime took place, you
should say so. If you have a defence, you should always say so in the
Cautioned Statement. Your defence may not be believed if you fail to
mention it in your Cautioned Statement but instead you choose only to
raise it later at trial.
The charge must be explained to you. If you do not understand the
charge, you should tell the investigating officer. If you need an
interpreter, ask for one.
When you say anything in your defence, the investigating officer must
record it or you may write it down yourself. This will be your Cautioned
Statement. The officer must read it over to you. If it is what you have
told him, you must sign it. If there are any mistakes, you should insist
that corrections be made.
Do You Have the Right to Remain Silent When You are Warned
You may remain silent, not make a statement and only tell of your
defence for the first time in Court. However, if you do so, there is a
danger that the Judge may think you have subsequently made up your
defence and decide not to believe you.
Can Everything You Say be Used Against You at Your Trial
Yes, if your statement was given voluntarily and is relevant to your
case.
What is a Voluntary Statement
A voluntary statement is one given without any inducement, threat or
promise. It is a statement given of your own free will. Your statement
is therefore not voluntary if it was made because of any promise, threat
or inducement made to you by the police or the investigating officer.
Can You Ask the Police for Copies of Your Statements or Reports
You can write to the police for a copy of your Cautioned Statement
and First Information Report. A First Information Report is the first
report received by the police about an offence, it may be a Police
Report or the transcript of a '999' call. You have to pay for these
documents. However, the police will not give you a copy of other
statements you may have made, or statements of witnesses.
