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Section history

Section 22 — Power to examine witnesses

Consolidated view is experimental and may be broken for certain provisions.

Amendments
22.Power to examine witnesses

(1)In conducting an investigation under this Part, a police officer, or a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act (Cap. 235)2004 and the lawful directions of the police officer or law enforcement officer he or she assists, may examine orally any person who appears to be acquainted with any of the facts and circumstances of the case —

(a)whether before or after that person or anyone else is charged with an offence in connection with the case; and

(b)whether or not that person is to be called as a witness in any inquiry, trial, or other proceeding under this Code in connection with the case.

(2)The person examined shall beis bound to state truly what hethe person knows of the facts and circumstances of the case, except that hethe person need not say anything that might expose himthe person to a criminal charge, penalty or forfeiture.

Subsection (3) — Original text to 17 September 2018superseded

(3)A statement made by any person examined under this section must —

(a)be in writing;

(b)be read over to him;

(c)if he does not understand English, be interpreted for him in a language that he understands; and

(d)be signed by him.

Subsection (3) — From 17 September 2018 (current)rewritten by Criminal Justice Reform Act 2018

(3)Subject to subsection (5), a statement made by a person examined under this section must be recorded —

(a)in writing; or

(b)in the form of an audiovisual recording.

(4)Where a statement made by a person examined under this section is recorded in writing, the statement must —

(a)be read over to the person;

(b)if the person does not understand English, be interpreted for the person in a language that the person understands; and

(c)be signed by the person.

(5)Where, before a person makes a statement under this section, any police officer or forensic specialist examining the person reasonably suspects the person of having committed an offence specified in the Third Schedule, any statement made by the person during the examination must be recorded in the form of an audiovisual recording, unless any of the following applies:

(a)due to an operational exigency, it is not feasible to record the statement in the form of an audiovisual recording;

(b)the equipment designated for recording the statement in the form of an audiovisual recording —

(i)does not work; and

(ii)cannot be repaired or replaced within a reasonable time;

(c)the person requests that the statement be recorded in writing instead of in the form of an audiovisual recording, and the police officer or forensic specialist examining the person reasonably believes that the granting of the request will facilitate the investigation.

(6)Despite subsection (5) —

(a)a mere failure to comply with subsection (5) does not render a statement by a person examined under this section inadmissible if the statement is otherwise admissible; and

(b)no inference is to be drawn by the court from a mere failure to comply with that subsection.

(7)Except as provided in subsection (5), any police officer or forensic specialist examining a person under this section may decide whether a statement made by the person during the examination is to be recorded —

(a)in writing; or

(b)in the form of an audiovisual recording.