The police have a duty to conduct
pre-trail investigations without undue delay. A head of investigation is
appointed for each criminal case to be investigated who will remain responsible
for the progress of the investigation. In a pre-trial investigation the
police will have to establish whether or not an offence has actually been
committed, under what circumstances it occurred and the identity of the parties
concerned. The pre-trial investigation will
also establish the extent of the injury or damage caused by the offence, the
gain effected by the offender and the demands of the injured party.
The police are also required to
notify a prosecutor for each criminal case that they are to investigate when a
person is suspected of an offence. Such notification does not, however, need to
be given in straightforward cases, such as cases of petty theft, petty assault
and endangering traffic.
During a pre-trial investigation,
the parties involved (i.e. the injured party and the suspect) may be questioned
by the police. The police may also question witnesses and various experts such
as forensic pathologist.
Before closing a pre-trial
investigation, each of the parties will be given an opportunity to produce a
statement on the material gathered in the pre-trial investigation if this would
expedite or assist in the handling of the case in court. Such statements will
be attached to the record of the pre-trail investigation.
When the pre-trail investigation
is closed, a record will be drawn up of the material gathered, provided this is
considered necessary for the further handling of the case. The record of the
pre-trial investigation will include the official records of the questioning
and reports on the investigative measures. Other documents and recordings
collected or made in the course of the investigation can also be attached.
The injured party or his/her
attorney will be sent a copy of the record of pre-trial investigation on request.
The record of the pre-trial investigation will also be forwarded to the
prosecutor for the purposes of a decision on charges. Before making a decision
on charges, the prosecutor can invite any of the parties or their legal
counsels or representatives to discuss matters if it is felt this would assist
in making the decision or in handling the case in court.
If the suspect is below the age
of 18, the prosecutor must reach a decision quickly on whether or not to bring
charges. Charges must therefore be considered without delay.
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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