Pre-Trial Investigation and Police Interview

Flashcards about Pre-Trial Investigation and Police Interview

What is the meaning of pre-trial investigation?

Systematic collection of information about crime and the assembly of physical and testimonial evidence within the framework of the law for identifying the author and providing evidence for successful prosecution.

From where is derived the power of the police to investigate a crime?

Section 4 of the Police Act of 2020

How strong is the power of the police to investigate a crime?

To the extent that no court of law has power to stop the police from investigating a crime.

What right does a suspect have upon being arrested?

Be taken to the station and be informed of the reason for his arrest.

What does right to silence entail for a suspect?

The right to remain silent until after consultation with his legal practitioner or any other person of his choice.

What protection does the constitution guarantee a suspect in custody?

Not be subjected to any form of inhuman or degrading treatment.

What is the definition of confession according to S. 28 E.A.?

An admission made at any time by a person charged with a crime stating or suggesting the inference that he has committed that crime.

What makes a confession relevant and admissible in evidence?

It must be voluntary and a direct, positive, and unequivocal admission of guilt.

What conditions must be met before a confessional statement can be relevant and admissible as evidence?

Free from any form of oppression and must not have been made in consequence of anything said or done which was likely in the circumstance existing at the time to render it unreliable.

According to Rule One of the Judges' Rules, what is a police officer entitled to do when trying to find out about an offense?

To question any person, whether suspected or not, from whom he knows he could get useful information.

What are the essentials of the statement of victims and witnesses?

Particulars of the victim and witnesses, time and date of the offense, the scene of the crime, offense committed, and identity of the suspect.

When does the investigator proceed to record the statement of the suspect?

After recording statements of victims and witnesses.

According to Rule Two of the Judges' Rules, when should a person be cautioned before further questioning?

As soon as a police officer has evidence which would afford reasonable ground for suspecting that a person has committed an offense.

What is the cautioned statement according to Rule 3 of the judge rules?

“Do you wish to say anything? You are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence.

When a police officer writes the statement, how should he take down the statement?

The exact words spoken by the suspect making the statement without putting any question other than such as may be needed to make the statement coherent, intelligible, and relevant to the material matters; he shall not prompt the suspect.

According to Rule 5, what should be done if a police officer wishes to bring to the notice of a person any written statement made by another person charged with the same offense?

Hand to that person a true copy of the written statement but, nothing shall be said or done to invoke any reply or comment.

According to SECTION S. 126 CPC, what does a policy officer do if a read statement is confession?

It contains a confessional statement, he shall take the suspect to a superior police officer, a magistrate or justice of peace for confirmation.

What does SECTION 15(4) A.C.J.A., S. 9(3) A.C.J.L entail?

The interview between a police officer and a defendant shall be recorded electronically on retrievable video compact disc or such other audio visual means or in the absence of video recording, the interview shall be conducted in the presence of the suspect’s counsel.

What happens when a statement is recorded in a language different from the one understood by the suspect?

A competent interpreter shall be used and shall sign the statement.

What does Alibi means?

“Elsewhere”

When must a defendant raise the issue of alibi to the police?

Immediately after arrest or so soon thereafter.

What burden is on the defendant when raising an alibi as a defense?

To give detailed evidence of the place he was, the person or persons he was with, the time and possibly what he was doing there at the material time.

When is investigation in the form of identification parade a must?

Where the identity of the person who commits an offence is in doubt.

What does indentification means?

A whole series of facts and circumstances by which a person may be associated with the commission of the offence charged.

What factors does the court takes into consideration in deciding the credibility of the evidence of identity?

The previous contact of the witness with the suspect and the circumstance in which the eye witness saw the suspect, length of time, opportunity of close observation, the lightening condition and informing the police at the earliest opportunity.

In which scenarios is IDENTIFCATION PARADE not necessary?

Where there is clear and uncontradicted eye witness account of the identity of the person who allegedly committed the crime.

Where and under who is an identification parade often conducted?

Conducted at the police station under the leadership of the officer in charge of the station.

What are exhibits?

Items seized in the cause of investigation and which are relevant for the effective prosecution of the case against a suspect.

What is a police bail?

A temporary release of a suspect on bond or self recognizance pending the conclusion of investigation and or arraignment before a court of law.

What remedies are available where bail is refused?

Application for Judicial Review , Application for the Enforcement of Fundamental Human Rights or Application for Bail at the Court.