Witnesses In A Police Investigation

When Is A Person A Police Witness?

A Police witness is a person acquainted with the facts and circumstances of a case under investigation and is called up by the Police to assist in the investigation.

Can A Person Choose Not To Be Interviewed By Police?

No, the person must comply as required. If necessary, the Police may obtain a warrant from the Magistrate to secure the person's cooperations.

What Duties Does A Police Witness Have Under The Law?

The Police witness must tell Police truthfully about what he/she knows about the case. All information given will be kept confidential.

If The Police Witness Has Taken Time Off His/Her Work To Attend The Police Interview, Can He/She Claim Reimbursement From Police?

A witness who attends a Police interview is not entitled to claim for reimbursement. However, the Police witness may request for a change in the date and time of the interview if he is unable to keep the appointment.

Can The Police Witness Consult His/Her Lawyer Before He/She Answers Police's Questions?

Before the interview, the witness may consult a lawyer for advice if he/she wishes and if he/she wishes his lawyer to be present during the interview, he/she should make known this request to the Police officer. This may be allowed if it does not interfere with the investigations. If the witness is a juvenile, Police may request for his/her parents or guardian to be present during the interview.

Will The Police Witness Be Given A Copy Of His/Her Statement?

No. The witness will not be given a copy of his/her statement.

Will The Witness Be Allowed To Make Amendments To His/Her Statement?

Yes. After his/her statement has been recorded, the witness may make any amendments, additions or deletions to the statement in order to ensure the truth and accuracy of the statement. To ensure that the statement has been recorded accurately, the witness should go through the statement himself/herself or request that the statement be read to him/her after it has been recorded. If the witness does not understand English, the statement must be interpreted to him in a language which he/she understands. The witness can also make further statements to the Police if he/she has additional information to furnish later, or if he /she wishes to amend a statement that was made earlier.

Will The Police Witness Have To Appear In Court Later?

Yes, if he/she is required to give evidence in court. A subpoena will be served on him/her to notify him of the court attendance date. A witness is entitled to a witness allowance under the Criminal Procedure Code (Witness Allowance) Rules.

What If The Police Witness Fails To Appear In Court As Required Even After A Subpoena Has Been Served On Him/Her?

If the witness fails to show up in court as required, the Court may issue a warrant of arrest or summons against him/her to compel his/her attendance.

What If The Witness Is Overseas Or Sick And Is Unable To Attend Court?

If the witness is unable to appear in court for any reason, he/she or his/her family should notify the officer as early as possible. For example, if the witness is ill, he/she or his/her family should furnish the officer with a letter from the doctor certifying that he/she is unfit to attend court.

Will The Witness Be Informed Whether He/She Is Still Needed As A Witness To The Case?

Yes. The investigating officer will inform a witness if he/she is required to attend court to give evidence as a Police witness.

The Police witness may also enquire with the investigating officer-in-charge of the case to see if the investigation has been completed and whether he/she is likely to be called to court to give evidence again.