Criminal Procedure Code 2010 · 2020 Revised Edition · Part 4 · Information to Police and Powers of Investigation
23. Cautioned statements
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A person charged or told they may be prosecuted must be given and read a written notice. The notice warns that keeping quiet about a defence until trial may make the judge less likely to believe them. Any statement is recorded in writing or on video. A written statement is read back, signed, and copied to the accused.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Last amended by an amending law of 2018.
If, during an investigation, a person (called in this section the accused) is charged with an offence or informed by a police officer or any other person charged with the duty of investigating offences or charging offenders that the accused may be prosecuted for an offence, the accused must be served with and have read to the accused a written notice as follows: “You have been charged with [or informed that you may be prosecuted for] — (set out the charge). Do you want to say anything about the charge that was just read to you? If you keep quiet now about any fact or matter in your defence and you reveal this fact or matter in your defence only at your trial, the judge may be less likely to believe you. This may have a bad effect on your case in court. Therefore it may be better for you to mention such fact or matter now. If you wish to do so, what you say will be written down, read back to you for any mistakes to be corrected and then signed by you.”.
If an accused, after the notice under subsection (1) is read to him or her —
remains silent; or
says or does anything which intimates the accused’s refusal to give a statement,the fact of his or her remaining silent or his or her refusal to give a statement or his or her other action must be recorded.
Subject to subsection (3B), a statement made by an accused in answer to a notice read to the accused under subsection (1) 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 an accused in answer to a notice read to the accused under subsection (1) 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 accused;
if the accused does not understand English, be interpreted for the accused in a language that the accused understands; and
be signed by the accused.
Where, before an accused makes a statement in answer to a notice read to the accused under subsection (1), the accused is charged with or informed that the accused may be prosecuted for an offence specified in the Third Schedule, the statement made by the accused must be recorded in the form of an audiovisual recording, unless any of the following applies:
audiovisual recording
“audiovisual recording” means an aggregate of visual images and sounds embodied in a thing, so as to be capable, by the use of that thing, of being produced electronically and shown as a moving picture with associated sounds;
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 accused requests that the statement be recorded in writing instead of in the form of an audiovisual recording, and the police officer or person to whom the accused intends to make the statement reasonably believes that the granting of the request will facilitate the investigation.
Despite subsection (3B) —
a mere failure to comply with subsection (3B) does not render a statement made by an accused in answer to a notice read to the accused under subsection (1) inadmissible, if the statement is otherwise admissible; and
no inference is to be drawn by the court from a mere failure to comply with subsection (3B).
Except as provided in subsection (3B), the police officer or person to whom an accused intends to make a statement, in answer to a notice read to the accused under subsection (1), may decide whether the statement is to be recorded —
police officer
“police officer” has the meaning given by the Police Force Act 2004;
in writing; or
in the form of an audiovisual recording.
To avoid doubt, nothing in subsection (3) or (3B) prevents or prohibits a police officer or person to whom an accused intends to make a statement in answer to a notice read to the accused under subsection (1) from arranging for the statement to be recorded both —
in writing; and
in the form of an audiovisual recording.
No statement made by an accused in answer to a notice read to the accused under subsection (1) is to be construed as a statement caused by any threat, inducement or promise as is described in section 258(3), if it is otherwise voluntary.
Where a statement made by an accused, in answer to a notice read to the accused under subsection (1), is recorded in writing, a copy of the statement must be given to the accused at the end of the recording.
writing
“writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form, whether permanent or otherwise.
Where a statement made by an accused, in answer to a notice read to the accused under subsection (1), is recorded in the form of an audiovisual recording —
if requested by the defence, arrangements must be made for the accused and the accused’s advocate (if any) to view the audiovisual recording of the statement, as soon as practicable after the audiovisual recording is made, at a police station or at any other prescribed place; and
if a transcript of the audiovisual recording is made, a copy of the transcript must be given to the accused as soon as practicable after the transcript is made.