PART II
PROCEDURE RELATING TO CRIMINAL INVESTIGATIONS
B. - Powers and Duties of Police Officers when Investigating Offences
(c) Duties when Interviewing Suspects
52.-(1) Where a police officer suspects that a person may have committed a serious offence, or believes that information has been received by the police that may implicate a person in the commission of a serious offence, but that suspicion or belief is not such as would, under section 14, justify the arrest of the person without warrant, the police officer shall not ask him any questions, unless he has first informed him that he may refuse to answer any questions put to him by the police officer.
(2) A police officer who informs a person as provided under subsection (1) shall ask him to sign or thumb print an acknowledgement, in accordance with a prescribed form, of the fact that he has been so informed and of the date on which, and the time at which, he is so informed.
(3) Where it is necessary for a court, in any proceedings, to determine whether a police officer has informed a person as required by subsection (1), and an acknowledgement referred to in subsection (2) and signed by the person is not produced in evidence, the court shall assume, unless the contrary is proved, that the person was not so informed.
(4) Notwithstanding the provisions of subsections (1) to (3), where a police officer in the course of interrogating any person under this section believes that there is sufficient evidence to warrant that a person being charged with an offence, he shall proceed to charge him accordingly and caution him in writing and if practicable orally in the prescribed manner, and to inform him that an inference adverse to him may be drawn from his failure or refusal to answer any question or from his failure or refusal to disclose at that stage any matter which may be material to the charge.
53. Where a person is under restraint, a police officer shall not ask him any questions, or ask him to do anything, for a purpose connected with the investigation of an offence, unless–
(a) the police officer has told him his name and rank;
(b) the person has been informed by a police officer, in a language in which he is fluent, in writing and, if practicable, orally, of the fact that he is under restraint and of the offence in respect of which he is under restraint; and
(c) the person has been cautioned by a police officer in the following manner, namely, by informing him,or causing him to be informed, in a language in which he is fluent, in writing in accordance with the prescribed form and, if practicable, orally–
(i) that he is not obliged to answer any question asked of him by a police officer, other than a question seeking particulars of his name and address; and
(ii) that, subject to this Act, he may communicate with a lawyer, relative or friend.
54.-(1) Subject to subsection (2), a police officer shall, upon request by a person who is under restraint, cause reasonable facilities to be provided to enable the person to communicate with a lawyer, a relative or friend of his choice.
(2) A police officer may refuse under subsection (1) for the provision of facilities for communicating with a person being a relative or friend of a person under restraint, if the police officer believes on reasonable grounds that it is necessary to prevent the person under restraint from communicating with the person for the purpose of preventing–
the escape of an accomplice of the person under restraint; or
the loss, destruction or fabrication of evidence relating to the offence.
55.-(1) A person shall, while under restraint, be treated with humanity and with respect for human dignity.
(2) No person shall, while under restraint, be subjected to cruel, inhuman or degrading treatment.
(3) Where a person under restraint–
(a) makes a request to a police officer to be provided with medical treatment, advice or assistance in respect of an illness or an injury; or
(b) appears to the police officer to require medical treatment, advice or assistance in respect of illness or injury,
the police officer shall forthwith take such reasonable action as is necessary to ensure that the person is provided with medical treatment, advice or assistance.
56.-(1) A police officer in charge of investigating an offence in respect of which a child is under restraint shall, forthwith after the child is placed under restraint, cause a parent or guardian of the child to be informed that he is under restraint and of the offence for which he is under restraint.
(2) In this section "child" means a person who has not attained the age of sixteen years.
EDIT.