Persons to be questioned are
normally expected to attend the questioning in person. However, either of the
parties involved may provide a statement through a representative or by phone
or by other means of communication, provided that the police consider this
would not cause a problem or prejudice the investigation. Under the same
conditions, a witness may also be questioned by phone or other means of
communication.
A suspect can only be questioned
through a representative or by phone if the case is of minor importance and
he/she does not deny the accuracy of the report of the offence. An official
record of the questioning is prepared in every case.
Before the interview begins, the
police have the duty to notify the persons to be interviewed of their status in
the pre-trial investigation. A suspect must be informed of the act which he/she
is suspected.
The police have a duty to treat
those they are interviewing in a calm and rational manner. The police are not
permitted to employ any knowingly false statements, promises or fabrications
concerning any special benefits, or to tie, threaten or coerce the person being
interviewed, or to use any other inappropriate means or methods to influence
the person’s willpower, memory, judgment or freedom to decide, in order to
extract a confession or influence the type of statement given.
If the person being interviewed
does not speak English or any language used by the officials or authorities or
cannot understand due to a sensory handicap or speech defect, the police have a
duty to arrange an interpreter for the person concerned.
The police may not exceed the
time limit set for an interview. An examination record is always prepared for
an interview.
Victor C. Ezekiel Esq, has many years experience in providing legal representation and advising clients across an exceptionally broad range of contentious and non-contentious matters. His main goal is to help clients resolve any contentious or non-contentious legal problem they are having rapidly and cost effectively.
Email: victorezekielc@gmail.com
Tel: +2348034997413
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