Judges Rules and Administration

Rules 1-6

REASONS FOR JUDGES RULES

Briefly, the Judges Rules are provided:

(a) To ensure fairness to persons suspected of committing an offense and to persons in custody.

(b) To prevent statements becoming inadmissible in evidence.

(c) To standardize procedure by the Police in dealing with suspects and prisoners.

THE RULES

RULE 1

When a Police Officer is trying to discover whether, or by whom an offense has been committed,
he is entitled to question any person whether suspected or not, from whom he thinks that useful
information may be obtained. This is so whether or not the person in question has been charged
with the offense or informed that he may be prosecuted for it.

RULE 2

As soon as a Police Officer has evidence which would afford reasonable grounds for suspecting
that a person has committed an offense, he shall caution that person or cause him to be
cautioned before putting to him any questions, or further questions, relating to that offense.

RULE 3

(a) When a person is charged with or informed that he may be prosecuted for an offense he
shall be cautioned in the following terms:

“Do you wish to say anything? You are not obliged to say anything unless
you wish to do so, but what you say may be put into writing and given in
evidence.”

(b) It is only in exceptional cases that questions relating to the offense should be put to the
accused person after he has been charged or informed that he may be prosecuted. Such
questions may be put where they are necessary for the purpose or preventing or minimizing
harm or loss to some other person or to the public for clearing up an ambiguity in a previous
answer or statement.

Before any such questions are put, the accused should be cautioned in these terms: “I wish to
put some questions to you about the offense with which you have been charged (or about the
offense for which you may be prosecuted). You are not obliged to answer any of these questions,
but if you do the questions and answers will be taken down in writing and may be given in
evidence.”
 Any questions put and answers given relating to the offense must be recorded in full and the
record signed by that person or if he refuses, by the interrogating officer.

(c) When such a person is being questioned, or elects to make a statement, a

record shall be kept of the time and place at which any questioning or statement began and
ended and of the persons present.

RULE 4

All written statements made after caution shall be taken in the following manner:

(a) If a person says that he wants to make a statement he shall be told that it is
intended to make a write record of what he says.

He shall always be asked whether he wishes to write down himself what he

wants to say; if he says that he cannot write or that he would like someone
to write it for him, a Police Officer may offer to write the statement for him.
If he accepts the offer the Police Officer shall, before starting, ask the
person making the statement to sign, or make his mark to, the following:

“I ……. Wish to make a statement. I want someone to write down what I

say. I have been told that I need not say anything unless I wish to do so and
that whatever I say may be given in evidence.”

(b) Any person writing his own statement shall be allowed to do so without any
prompting as distinct from indicating to him what matters are material.

(c) The person making the statement, if he is going to write it himself, shall be asked
to write out and sign before writing what he wants to say the following:

“I make this statement of my own free will, I have been told that I need not
say anything unless I wish to do so and that whatever I say may be given in
evidence.”

(d) Whenever a Police Officer writes the statement, he shall take down the exact
words spoken by the person making the statement, without putting any questions other than
such as may be needed to make the statement coherent, intelligible and relevant to the material
matters: he shall not prompt him.

(e) When the writing of a statement by a Police Officer is finished the person making it
shall be asked to read it and to make any corrections, alterations or additions he wishes. When
he is finished reading it he shall be asked to write and sign or make his mark on the following
Certificate at the end of the
statement:

“I have read the above statement and I have been told that I can correct, alter
or add anything I wish. This statement is true. I have made it of my own free
will.”

(f) If the person who has made a statement refuses to read it or to write the above
mentioned Certificate at the end of it or to sign it, the Senior Police Officer present shall record
on the statement itself and in the presence of the person making it, what has happened. If the
person making the statement cannot read, or refuses to read it, the Officer who has taken it
down shall read it over to him and ask him whether he would like to correct, alter or add
anything and to put his signature or make his mark at the end. The Police Officer shall then
certify on the statement itself what he has done.

RULE 5

If at any time after a person has been charged with, or has been informed that he may be
prosecuted for an offense a Police Officer wishes to bring to the notice of that person any written
statement made by another person who in respect of the same offense has also been charged or
informed that he may be prosecuted, he shall hand to that person a true copy of such written
statement, but nothing shall be said or done to invite any reply or comment. If that person says
that he would like to make a statement in reply or starts to say something, he shall at once be
cautioned or further cautioned as prescribed by Rule 3(b).

RULE 6

Persons other than Police Officers charged with the duty of investigating offenses or charges
offenders shall, so far as may be practicable, comply with these Rules.