Police Investigation

Question 1

Power to prevent crimes

• police
• private citizen

Answer 1

s103-106CPC
- include power to arrest without warrant

s11 - private persons bound to assist

Question 2

First Information Report

• correctness?
• updates?
• court attendance?

Answer 2

s107 CPC

• police must record
• reduce to writing signed by informant
• failure to reduce into writing and adduce as evidence not fatal to prosecution’s case unless the case rests solely on the FIR [Tan Cheng Kooi v PP]

Correctness of FIR is relevant to the credibility of the witness or complainant [Lee Ah Seng v PP]

s108 certified copy admissible as evidence
s51A D entitled to a copy of FIR
s118 can require bond to ensure court attendance

s107A can get status update after 4 weeks

Question 3

Investigation procedure

• seizable offence - actual vs suspected
• non seizable offence

Answer 3

Seizable offence s109

• police not below rank of Sergeant can investigate without OTI
• below sergeant - not powers to investigate but doesn’t affect validity of proceedings (illegality has no consequence on criminal proceedings)

Suspected seizable offence s110
- report to PP then investigate

Non-seizable s108

• refer to magistrate
• obtain order to investigate from PP
• failure to produce OTI doesn’t affect court’s jurisdiction to hear the case (illegality has no consequence on criminal proceedings)

Question 4

Questioning witness - not at the scene?

Answer 4

s111 can require attendance of witness at police station - if not warrant of arrest

s112 - Questioning of witness

• “caution” to answer truthfully
• can be used to impeach witness’ credibility
• [Jayaraman v PP] 112(1) and (5) need to be read in harmony = statement must be in writing unless reasonable explanation can be provided (so not in writing per se does not affect admissibility of the statement)

s118 can require bond to ensure attendance at court

Question 5

Arrest accused - then?

statement?

Answer 5

Right to be brought before magistrate within 24 hours (Art 5 FC / s28CPC)

If need more than 24 hours, apply for remand order - s117
- Application must be accompanied by diary s119

Statement taken under s112
[Jayaraman v PP] must be in writing unless reasonable explanation can be provided - because (1) and (5) needs to be read in harmony

s113 Accused’s statement cannot be used to impeach his credibility but accused can use his statement in support of his defence

Question 6

voluntary statement

Answer 6

voir dire is held to determine voluntariness thus admissibility of statement

prosecution to prove beyond reasonable doubt that accused’s statement was made voluntarily