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| Q |
When is a person a Witness? |
| A |
A Witness is a person acquainted with the facts and circumstances of a case under investigation and is called up by CAD for investigation.
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| Q |
Can a person choose not to be interviewed by CAD? |
| A |
No, the person must comply as required. If necessary, CAD may obtain a warrant from the Magistrate to secure his attendance.
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| Q |
What duties does a Witness have under the law? |
| A |
The Witness must tell CAD truthfully about what he knows about the case. All information given will be kept confidential.
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| Q |
If the Witness has taken time off his work to attend the interview at CAD, can he claim reimbursement from CAD? |
| A |
A Witness, who attends an interview at CAD, is not entitled to claim for reimbursement. However, the Witness may request for a change in the date and time of the interview if he is unable to keep the appointment.
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| Q |
Can the Witness consult his lawyer before he answers questions? |
| A |
Before the interview, the Witness may consult a lawyer for advice if he wishes. Prior to or during an interview, if a person wishes his lawyer to be present, he should make known this request to the investigation officer. This may be allowed if it does not interfere with the investigation. If the Witness is a juvenile, the investigation officer may request for his parents or guardian to be present during the interview.
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| Q |
What is recorded in a Police Statement? |
| A |
The statement would comprise details of the incident such as when and where it happened, the sequence of events, details of the suspects or offenders such as their identities, information on their whereabouts or contact numbers, and other facts which may be helpful and relevant to the case. If the Witness does not speak or understand English, he could request for the statement to be interpreted to him in the language of his choice.
After the statement has been recorded, the person interviewed would be required to sign it. Before he signs the statement, he should read it to ensure that its contents are true and correct, and make any amendments, additions or deletions if he so wish. Similarly, if the person does not speak or understand English, he should request for the statement to be interpreted to him in the language of his choice.
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| Q |
Will the Witness be given a copy of his statement? |
| A |
No. CAD will not give the Witness a copy of his statement.
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| Q |
Will the Witness be allowed to make amendments to his statement? |
| A |
Yes. After his statement is recorded, the Witness will be given an opportunity to read his statement and to make any amendments, additions or deletions to the statement in order to ensure that the statement is true and correct. If the Witness does not speak or understand English, the statement will be interpreted to him in a language which he understands.
The Witness can also make further statements to CAD if he has additional information to furnish later, or if he wishes to amend an earlier statement that he made.
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| Q |
Will the Witness have to appear in Court later? |
| A |
The Witness would have to appear in Court only if he is required to give evidence in Court. A subpoena will be served on him to notify him when his attendance is required. A Witness is entitled to a witness allowance under the Criminal Procedure Code (Witness Allowance) Rules.
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| Q |
What if the Witness does not attend Court as required even after a Subpoena is served on him? |
| A |
If the Witness does not show up in Court as required, the Court may issue a warrant of arrest or summons against him, to compel his attendance.
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| Q |
What if the Witness is overseas or sick and is unable to attend Court? |
| A |
If the Witness is unable to appear in Court for any reason, he or his family should notify the officer as early as possible. For example, if the Witness is ill, he or his family should furnish the officer with a letter from the doctor certifying that he is unfit to attend Court.
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| Q |
Will the Witness be informed whether he is still needed as a witness to the case? |
| A |
Yes. The investigating officer will inform the Witness if and when he is required to attend Court to give evidence as a witness.
The Police witness may also enquire with the investigating officer-in-charge of the case to see if the investigation has been completed and whether he is likely to be called to Court to give evidence again.
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| Last updated on 14 July 2010 |
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