THE EVIDENCE ACT.

Statutory Instrument 6—1.

The Evidence (Statements to Police Officers) Rules.

Arrangement of Rules.

Rule
1. Citation.
2. Interpretation.
3. Questions by police officers.
4. Caution before questioning.
5. Prisoners to be cautioned.
6. Prisoner not to be cross-examined.
7. Recording of statements.
8. Certain statements to be read over.
9. Procedure prior to administering caution.
10. Form of caution.
11. Procedure in case of prisoners charged with the same offence.
 THE EVIDENCE ACT.

Statutory Instrument 6—1.

The Evidence (Statements to Police Officers) Rules.

(Under section 23(2) of the Act.)

1. Citation.

These Rules may be cited as the Evidence (Statements to Police Officers)

Rules.

2. Interpretation.

In these Rules, “prisoner” means any person who—

(a) is under arrest by any proper authority with powers of arrest and
detention; or
(b) is in the lawful custody of any authority.

3. Questions by police officers.

A police officer in the course of investigations may question any person,

whether suspected or not, from whom he or she thinks he or she may obtain
useful information.

4. Caution before questioning.

Where a police officer has decided to charge a person with an offence, he or

she shall administer a caution before questioning or, as the case may be,
continuing to question that person.

5. Prisoners to be cautioned.

Notwithstanding rule 4 of these Rules, no prisoner shall be questioned and

no statement shall be taken from a prisoner unless a caution has first been
administered to him or her, but if a statement is made by a prisoner before
there is time to caution him or her a caution shall be administered as soon as
reasonably possible.
6. Prisoner not to be cross-examined.

Where a police officer is recording a statement made by a prisoner, the

prisoner shall not be cross-examined.

7. Recording of statements.

If a police officer decides that the statement of any person should be taken
down in writing and is likely to be tendered in evidence in any proceedings,
then—
(a) if there is present any police officer literate in the language being
used by that person, the police officer literate in that language
shall write down the statement as nearly as possible in the actual
words used by the person making the statement; or
(b) if there is not present any police officer literate in the language
being used by that person, the statement shall be translated by
some person with a knowledge of the language being used and
shall be written down by the police officer—
(i) in the language into which it is translated; and
(ii) as nearly as possible, and insofar as translation admits, in
the words used by the person making the statement.

8. Certain statements to be read over.

Any statement taken down in writing by a police officer shall, if it is desired

to use the statement in any proceedings, be read back to the person making
it, and he or she shall be invited to sign or thumb-mark the statement after
making any corrections he or she may wish to make.

9. Procedure prior to administering caution.

Before administering a caution to a prisoner a police office shall—

(a) charge him or her with an offence; or
(b) inform him or her of the nature of—
(i) the charge which is likely to be preferred against him or
her;
(ii) the act or acts in respect of which it is contemplated taking
proceedings against him or her; or
(iii) the matter which the police officer is investigating; and
(c) ask him or her if he or she wishes to say anything about the
matter.
10. Form of caution.

The caution to be administered under these Rules shall be in the following

words—
“You need not say anything unless you wish, but whatever you
do say will be taken down in writing and may be given in
evidence”.

11. Procedure in case of prisoners charged with the same offence.

(1) Where two or more prisoners are charged with the same offence
and statements are taken separately from those prisoners, a police officer may
read the statement of one prisoner to the other prisoner or prisoners but
nothing shall be said or done to invite a reply.

(2) If a prisoner desires to make a reply, a caution shall be

administered.

History: S.I. 43-1.

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