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.


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 upon a person being charged.
Generally, you are 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.

Cautioned Statement

This type of statement is required to be given upon an accused person 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.

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 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 must make the corrections.

What a witness does

As a witness, your duty is to answer questions put to you by lawyers, prosecutors or the Judge truthfully. You should not alter your evidence to benefit anyone or try to influence the evidence of any other witness.

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