Where any accused is charged with an offence or officially informed that he may be prosecuted for it, he will be served with the charge which will be read to him. The accused will then be served with a notice of warning in writing to the following effect:
“You have been charged with/informed that you may be prosecuted for (offence). Do you want to say anything about the charge that was just read to you? If you keep quiet now about any fact or matter in your defence and you reveal this fact or matter in your defence only at trial, the judge may be less likely to believe you. This may have a bad effect on your case in court. Therefore it may be better for you to mention such fact or matter now. If you wish to do so, what you say will be written down, read back to you for any mistakes to be corrected and then signed by you.”
After the charge and notice of warning have been read to him, the accused will be asked to acknowledge that he understands the charge and notice of warning. If the accused does not speak or understand English, the charge and the notice of warning will be interpreted to him in the language of his/her choice.
Answering to the charge: The accused will then be invited to make a statement in answer to the charge. Similarly, if he does not speak or understand English, the statement would be recorded with interpretation. If the accused decides to make a statement, the Police officer will record his/her statement. After the statement is recorded, it will be read over to the accused and interpreted if he does not speak or understand English. The accused may also go through his/her statement to ensure that it is true and correct, and make any necessary amendments, additions or deletions, if he so wishes to, before signing it. Thereafter, the accused will be asked to sign his statement to confirm that the contents are true and correct and make any necessary amendments, additions or deletions if he so wishes, before signing it.