CO129-501-6 Sweepstakes and Lotteries 3-1-1927 - 3-1-1927 — Page 16

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SECTION III.

PRISONERS IN POLICE CUSTODY,

Statements by Prisoners.

1. The following rules have been approved by His Majesty's Judges

of the King's Bench Division :—

(i) When a police officer is endeavouring to discover the author of a crime, there is no objection to his putting questions in respect thereof to any person or persons, whether sus- pected or not, from whom he thinks that useful information can be obtained.

(ii) Whenever a police officer has made up his mind to charge a person with a crime, he should first caution such person before asking any questions or any further questions, as the case may be.

(iii) Persons in custody should not be questioned without the usual

caution being first administered.

(iv) If the prisoner wishes to volunteer any statement, the usual

caution should be administered.

It is desirable that the last two words of the usual caution should be omitted, and that the caution should end with the words "be given in evidence."

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(v) The caution to be administered to a prisoner, when he is formally charged, should therefore be in the following words: Do you wish to say anything in answer to the charge? You are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence."

Care should be taken to avoid any suggestion that his answers can only be used in evidence against him, as this may prevent an innocent person making a statement which might assist to clear him of the charge. (vi) A statement made by a prisoner before there is time to caution him is not rendered inadmissible in evidence merely by reason of no caution having been given, but in such a case he should be cautioned as soon as possible. (vii) A prisoner making a voluntary statement must not be cross-examined, and no questions should be put to him about it except for the purpose of removing ambiguity in what he has actually said. For instance, if he has men- tioned an hour without saying whether it was morning or evening, or has given a day of the week and day of the month which do not agree, or has not made it clear to what individual or what place he intended to refer in some part of his statement, he may be questioned sufficiently to clear up the point.

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(viii) When two or more persons are charged with the same offence and statements are taken separately from the persons charged, the Police should not read these state- ments to the other persons charged, but each of such per- sons should be furnished by the Police with a copy of such statements and nothing should be said or done by the Police to invite a reply. If the person charged desires to make a statement in reply, the usual caution should be administered. (ix) Any statement made in accordance with the above rules should, whenever possible, be taken down in writing and signed by the person making it after it has been read to him and he has been invited to make any corrections he may wish.

Medical Examination of Prisoners.

2. When a prisoner has been arrested on a charge of rape, indecent assault, or some other sexual offence, it is often desirable in the interests of justice that he should submit to a medical examination, and it is important that the examination should be so conducted as to protect the medical practitioner from risk of an action being subsequently brought against him by the prisoner. If an examination is carefully made, an innocent man is not likely to suffer, whilst cogent evidence may be obtained against the guilty.

3. The examination can only be made with the prisoner's consent; in the absence of consent any examination would be an assault. The police officer in charge of the station should inform the prisoner that it is proposed to examine him, and that he has the right to object if he desires. He should be told that if he desires the attendance of a quali- fied medical practitioner on his behalf, in addition to the police surgeon, an opportunity for this will be given. The officer should record (a) the fact of the prisoner's consent or refusal, and (b) the offer made to allow of a medical practitioner to attend on his behalf and the accept- ance or refusal of the offer. The record should be read to the accused person, and the officer should attend the trial in the event of a committal in order to prove the consent, if necessary.

4. When consent is given, the examination should be made as soon as practicable after the prisoner is in custody and has been removed to the police station, and before he is taken before a Magistrate.

5. The police surgeon should record in writing the result of any examination, and he should be informed of the time and place where his attendance will be required to give evidence before the Magistrate. 6. When a prisoner is in custody on any charge (e.g., one involving drunkenness) which does not come within paragraph (2), and desires a medical examination, the examination should be made either by the police surgeon or by a medical practitioner attending on behalf of the prisoner, and in the latter case the police surgeon should also be present. The officer in charge of the station should record the request of the prisoner and the compliance with it.

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