It is of utmost importance for a police officer to respect the legal rights of a person who is being questioned or under arrest.
A police officer may call any person, who he suspects to have knowledge about a crime, to give information. In such a case, the police officer has the right to compel the person to give information.
While the person is giving information to the police, if the police officer comes to a “stage to charge someone with any offence”, he must read the person their rights before asking any further questions. The police officer is said to come to “a stage to charge someone with any offence” when the following two questions are answered as yes:
- Has there been an offence committed?
- Is there a reasonable suspicion that the person has committed this crime?
The standard version of the rights that are to be told by the arresting police officer is similar to following:
“Do you want to say anything in respect of the charge? You do not have to say anything if you do not wish to, but anything you say may be recorded and could be submitted as evidence.”
From the point of arrest, the arrested person does not need to say anything, if he does not wish to. Only if the arrested person wishes to make a statement, he can make a statement.
When taking a statement from a person under arrest, the police cannot harm, hit, torture or in any way compel the person to make a statement or give evidence.
If the arrested person wishes to make a statement, it is important for him or her to read the full statement in detail, change, add or delete any part adding their signature to their amendments. Once the statement is signed, it may be impossible or very difficult to have it inadmissible or have it changed.
The police would conduct investigation regarding the offence by questioning witnesses or collecting evidence.
Related practice area: Criminal Defence