Persons Under Restraint to Be Informed of Rights.

Persons Under Restraint to Be Informed of Rights

Section 53 of the Criminal Procedure Act [CAP. 20 R.E. 2022] establishes mandatory protection to the rights of any person who is under restraint—meaning detention or custody—by the police in connection with a criminal investigation. According to this provision, no police officer is allowed to question such a person or require them to perform any action related to the investigation unless specific conditions are met:

• Disclosure of Identity: The police officer must first inform the person of his or her name and rank, ensuring transparency and accountability in the interaction.

• Notification of the Reason for Restraint: The person must be informed, both in writing and, if practicable, orally, in a language they understand, that:

              -They are under restraint,

              -The specific offence for which they are being restrained.

• Issuance of a Caution: Before any questioning begins, the police must caution the person clearly, using a prescribed legal form, and again, in a language the person is fluent in, both in writing and, if possible, orally. The caution must explicitly state:

              - The person is not obliged to answer any questions apart from giving their name and address;

              - They have the right to communicate with a lawyer, relative, or friend, subject to the law.

This section ensures that detained persons are aware of their legal rights, particularly the right to silence and legal representation. It aims to protect individuals from coercion, intimidation, or self-incrimination, and ensures that any statements or evidence obtained during an investigation are legally admissible and fairly obtained.