Investigation by Police Officer

Investigation by Police Officer (Criminal Procedure Act, Cap. 20 R.E. 2022)

Section 10 outlines the powers and procedures a police officer must follow when investigating an offence or anticipating a breach of the peace. Upon receiving information or developing a suspicion about a potential crime, a police officer is authorized to personally visit the location of the incident to investigate and take necessary actions for the discovery and arrest of the offender, especially if the offence is one that permits an arrest without a warrant.

A police officer conducting an investigation may require any person within the relevant jurisdiction who has information related to the case to attend an investigation or produce relevant documents. The person must comply with the request, and the police officer must issue a receipt for any documents or materials provided. If a person refuses or neglects to comply, or refuses to answer questions, they commit an offence and may face a fine, imprisonment, or both.

Further, the officer is allowed to examine witnesses and individuals with knowledge of the case, ensuring that all statements made during this examination are accurately recorded. These statements must be recorded in the language the individual understands, with the opportunity for the individual to explain or add to the statement. Additionally, the statement must be signed by the individual and witnessed by an attending person.

The police officer is prohibited from making any threats, promises, or inducements to coerce a statement, though they cannot prevent a voluntary statement from being made. A statement made during an investigation can be used as evidence in court, although it cannot be used solely to corroborate the individual’s testimony.

Finally, the production of a certified copy of the information or a statement recorded during the investigation is considered prima facie evidence in court, relieving the police officer from testifying merely to present that evidence. This ensures the smooth handling of procedural requirements during criminal investigations.