Power to examine witnesses
22.—(1)  In conducting an investigation under this Part, a police officer, or a forensic specialist acting in the course of his duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act (Cap. 235) and the lawful directions of the police officer or law enforcement officer he assists, may examine orally any person who appears to be acquainted with any of the facts and circumstances of the case —
(a)whether before or after that person or anyone else is charged with an offence in connection with the case; and
(b)whether or not that person is to be called as a witness in any inquiry, trial, or other proceeding under this Code in connection with the case.
[Act 10 of 2015 wef 01/06/2015]
(2)  The person examined shall be bound to state truly what he knows of the facts and circumstances of the case, except that he need not say anything that might expose him to a criminal charge, penalty or forfeiture.
(3)  Subject to subsection (5), a statement made by a person examined under this section must be recorded —
(a)in writing; or
(b)in the form of an audiovisual recording.
[Act 19 of 2018 wef 17/09/2018]
(4)  Where a statement made by a person examined under this section is recorded in writing, the statement must —
(a)be read over to the person;
(b)if the person does not understand English, be interpreted for the person in a language that the person understands; and
(c)be signed by the person.
[Act 19 of 2018 wef 17/09/2018]
(5)  Where, before a person makes a statement under this section, any police officer or forensic specialist examining the person reasonably suspects the person of having committed an offence specified in the Third Schedule, any statement made by the person during the examination must be recorded in the form of an audiovisual recording, unless any of the following applies:
(a)due to an operational exigency, it is not feasible to record the statement in the form of an audiovisual recording;
(b)the equipment designated for recording the statement in the form of an audiovisual recording —
(i)does not work; and
(ii)cannot be repaired or replaced within a reasonable time;
(c)the person requests that the statement be recorded in writing instead of in the form of an audiovisual recording, and the police officer or forensic specialist examining the person reasonably believes that the granting of the request will facilitate the investigation.
[Act 19 of 2018 wef 17/09/2018]
(6)  Despite subsection (5) —
(a)a mere failure to comply with subsection (5) does not render a statement by a person examined under this section inadmissible if the statement is otherwise admissible; and
(b)no inference is to be drawn by the court from a mere failure to comply with that subsection.
[Act 19 of 2018 wef 17/09/2018]
(7)  Except as provided in subsection (5), any police officer or forensic specialist examining a person under this section may decide whether a statement made by the person during the examination is to be recorded —
(a)in writing; or
(b)in the form of an audiovisual recording.
[Act 19 of 2018 wef 17/09/2018]