Criminal Procedure Code 2010 · 2020 Revised Edition · Part 4 · Information to Police and Powers of Investigation
22. Power to examine witnesses
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In an investigation, police may question anyone who seems to know about the case. The person must tell the truth but need not say anything that could expose them to a criminal charge, penalty or forfeiture. The statement is recorded in writing or on video. Video is usually required if the person is suspected of certain listed offences.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Last amended by an amending law of 2018. 2 amendments in all.
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 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 —
police officer
“police officer” has the meaning given by the Police Force Act 2004;
whether before or after that person or anyone else is charged with an offence in connection with the case; and
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.
The person examined is bound to state truly what the person knows of the facts and circumstances of the case, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.
Subject to subsection (5), a statement made by a person examined under this section must be recorded —
subject
“subject” means a person who enters into a DPA with the Public Prosecutor.
in writing; or
in the form of an audiovisual recording.
Where a statement made by a person examined under this section is recorded in writing, the statement must —
statement
“statement” includes any representation of fact, whether made in words or otherwise.
be read over to the person;
if the person does not understand English, be interpreted for the person in a language that the person understands; and
be signed by the person.
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:
forensic specialist
“forensic specialist” means a person appointed under section 65A of the Police Force Act 2004, or any other person who is authorised in writing by the Commissioner of Police for the purposes of this Division;
due to an operational exigency, it is not feasible to record the statement in the form of an audiovisual recording;
the equipment designated for recording the statement in the form of an audiovisual recording —
does not work; and
cannot be repaired or replaced within a reasonable time;
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.
Despite subsection (5) —
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
no inference is to be drawn by the court from a mere failure to comply with that subsection.
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 —
in writing; or
in the form of an audiovisual recording.