Criminal Procedure Code · s 117

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

117.
Statement to police officers
(1) In any criminal proceedings, any statement made by any person including a person in the custody of a police officer, whether it amounts to a confession or not or is oral or in writing, made at any time, whether before or after that person is charged and whether in the course of a police investigation or not, by that person to or in the hearing of any police officer shall be admissible in evidence and, if that person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit.
(2) The Court shall admit under subsection (1) a statement made by an accused, only if the prosecution satisfies the Court that the statement was voluntary, that is to say that it was not obtained by violence, inducement, threat or oppression by a person in authority.
(3) Where any person is charged with an offence or officially informed that he may be prosecuted for it, he shall be served with a notice in writing, which shall be explained to him, to the following effect -
"You have been charged with/informed that you may be prosecuted for -
(set out the charged)
Do you wish to say anything in answer to the charge? If there is any fact on which you intend to rely in your defence in court, you are advised to mention it now, if you fail to do so before your trial, the court may draw such inferences, adverse to you, as it may think proper. If you wish to mention any fact now, and you would like it written down this will be done".
(4) No statement made by an accused person in answer to a written notice served on him pursuant to subsection (3) shall be construed as

Criminal Procedure Code
CAP. 7 81
a statement obtained by any violence, inducement, threat or oppression as is described in subsection (2), if it is otherwise voluntary.
(5) In subsection (3), "officially informed" means informed by a police officer or any other person charged with the duty of investigating offences or charging offenders.
(6) The Court shall admit under subsection (1) a statement made by an accused if such a statement is made after the impression caused by any such inducement, threat or promise as is referred to in subsection (2) has, in the opinion of the Court, been fully removed.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 117Statement to police officers

(1)

In any criminal proceedings, any statement made by any person including a person in the custody of a police officer, whether it amounts to a confession or not or is oral or in writing, made at any time, whether before or after that person is charged and whether in the course of a police investigation or not, by that person to or in the hearing of any police officer shall be admissible in evidence and, if that person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit.

(2)

The Court shall admit under subsection (1) a statement made by an accused, only if the prosecution satisfies the Court that the statement was voluntary, that is to say that it was not obtained by violence, inducement, threat or oppression by a person in authority.

(3)

Where any person is charged with an offence or officially informed that he may be prosecuted for it, he shall be served with a notice in writing, which shall be explained to him, to the following effect -

"You have been charged with/informed that you may be prosecuted for -

(set out the charged)

Do you wish to say anything in answer to the charge? If there is any fact on which you intend to rely in your defence in court, you are advised to mention it now, if you fail to do so before your trial, the court may draw such inferences, adverse to you, as it may think proper. If you wish to mention any fact now, and you would like it written down this will be done".

(4)

No statement made by an accused person in answer to a written notice served on him pursuant to subsection (3) shall be construed as

a statement obtained by any violence, inducement, threat or oppression as is described in subsection (2), if it is otherwise voluntary.

(5)

In subsection (3), "officially informed" means informed by a police officer or any other person charged with the duty of investigating offences or charging offenders.

(6)

The Court shall admit under subsection (1) a statement made by an accused if such a statement is made after the impression caused by any such inducement, threat or promise as is referred to in subsection (2) has, in the opinion of the Court, been fully removed.