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PDRM: We Want You To Answer Some Questions

2016-04-04 Default avatar fadzel





This article is for general informational purposes only and is not meant to be used or construed as legal advice in any manner whatsoever.



What happens when the police question you?

Previously, we talked about what should you do if you’re stopped by the police.

This time they believe that you might have information about a case under investigation.

Now what?

They have the right to question you and take down your answers.

At this stage, you are giving something called a 112 Statement (Section 112 Criminal Procedure Code).

The request

  1. The police will usually informally request that you’ll give a 112 Statement
  2. If the time and place is convenient, please cooperate. If not, tell them you’ll do so at a convenient time and place

What if you refuse to cooperate?

  1. The Police may issue a written formal order (Police Order), signed by an investigating officer to ask you to cooperate.
  2. Still refusing? You can’t be arrested, but it is still an offence. The Police will then ask the Magistrate to issue a warrant to ask you to cooperate.

When you're giving the statement

  • You may want to bring a lawyer to accompany you when giving the 112 Statement.
  • Don’t forget your notebook to write down notes.
  • Write down every question in your notebook.
  • Understand every question asked.
  • Think carefully before writing down answers in your notebook.
  • Read out the answers to the questioning Police Officer
  • Keep your notes for future reference.

You can refuse to answer any question or keep silent if your answer is likely to expose you to a criminal offence (Section 112(2))

Before you sign the Statement:

  • Carefully read the questions and answers that the police officer has written down
  • Compare the Statement you are asked to sign with your personal notes
  • You have the right to make any corrections/changes to the Statement before signing. (Section 112(5))
  • Please sign immediately below the last sentence of your Statement.

Remember, the police are just doing their jobs. Let’s make life easier for both us and them!

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