Pre-trial Investigation

Question 1

What is the main purpose of a pre-trial investigation?

Answer 1

To systematically collect information about crime and assemble physical and testimonial evidence for identifying the author of a crime and providing evidence for prosecution.

Question 2

What authority do the police have to investigate a crime?

Answer 2

The power of the police to investigate a crime is derived from S.4 of the Police Act of 2020.

Question 3

True or False: Courts can stop the police from investigating a crime.

Answer 3

False

Question 4

What rights does a suspect have upon arrest?

Answer 4

• Right to be informed of the reason for arrest
• Right to silence
• Right to not be subjected to inhumane treatment
• Right to legal advice
• Right to interpreter if needed
• Right to be charged in a reasonable time
• Right to bail if not charged promptly

Question 5

What should happen if a suspect chooses to make a statement?

Answer 5

The statement must be made in the presence of a legal practitioner or another designated individual.

Question 6

What is a confession?

Answer 6

An admission made by a person charged with a crime, indicating that they have committed that crime.

Question 7

What must be true for a confession to be admissible in court?

Answer 7

It must be voluntary and a direct, positive, and unequivocal admission of guilt.

Question 8

What is the significance of Sections 28 and 29 of the Evidence Act?

Answer 8

They establish that any statement not relevant and voluntarily made is not admissible in court.

Question 9

What happens if a suspect does not understand English during a police interview?

Answer 9

An interpreter must be provided to assist the suspect.

Question 10

What should a recorded statement include if made in another language?

Answer 10

It must be recorded with the assistance of a competent interpreter who signs the statement.

Question 11

What are the judges’ rules?

Answer 11

Administrative rules formulated to guide police officers in taking statements from suspects.

Question 12

What is required of police officers when questioning individuals during an investigation?

Answer 12

They are entitled to question any person who may provide useful information and record written statements.

Question 13

Fill in the blank: A suspect has the right to remain ______ until after consulting with a legal practitioner.

Answer 13

silent

Question 14

What must a suspect be provided with if detained?

Answer 14

Good medical care and a clean environment.

Question 15

What are the options available to a suspect upon refusal of police bail?

Answer 15

The options must be explained under the relevant legal framework.

Question 16

What is required for a suspect’s statement to be taken?

Answer 16

It must be made voluntarily and can be recorded in writing or electronically.

Question 17

True or False: Oral confessions are always inadmissible in court.

Answer 17

False

Question 18

What should be done if a suspect denies making a statement?

Answer 18

The court will admit the statement and later determine its validity based on evidence.

Question 19

What does a trial within a trial imply?

Answer 19

It occurs when a suspect claims their confession was made involuntarily due to coercion or oppression.

Question 20

What is the right to an interpreter based on?

Answer 20

It applies when the suspect does not understand the official language, which is English in Nigeria.

Question 21

What is the requirement regarding the treatment of a suspect in custody?

Answer 21

A suspect must not be subjected to inhumane or degrading treatment.

Question 22

What must be done with the items collected from a suspect?

Answer 22

They must be properly recorded and signed.

Question 23

What must the police provide to a suspect regarding legal advice?

Answer 23

Reasonable facilities for obtaining legal advice and access to communication.

Question 24

What is the legal implication of making a statement that is not voluntary?

Answer 24

It may lead to the statement being deemed inadmissible in court.

Question 25

What should happen if a suspect is not charged to court promptly?

Answer 25

They have the right to bail.

Question 26

What is the role of a police officer in recording statements?

Answer 26

A police officer is entitled to record the statements of the victim, witnesses, and suspects.

Question 27

What are the essentials of the statement of victims and witnesses?

Answer 27

* Particulars of the victim and witnesses * Time and date of the offence * The scene of the crime * Offence committed * Identity of the suspect (e.g. name, address, occupation, height, weight, photograph, fingerprint)

Question 28

What does Rule 2 of the Judges' Rules state?

Answer 28

A police officer must caution a suspect before questioning them if there is reasonable ground for suspecting they committed an offence.

Question 29

What must happen when a person is charged or informed about prosecution?

Answer 29

They must be cautioned with the statement: 'Do you wish to say anything? You are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence.'

Question 30

True or False: Questions relating to the offence may only be put to the suspect after they have been charged in exceptional cases.

Answer 30

True

Question 31

What is required if a person wishes to make a statement?

Answer 31

They must be informed that a written record will be made of what they say and asked if they wish to write it themselves.

Question 32

Fill in the blank: If a person cannot write their statement, a police officer may _______.

Answer 32

offer to write the statement for them.

Question 33

What must be done if a suspect refuses to sign their statement?

Answer 33

The senior police officer present must record what transpired on the statement itself.

Question 34

What does Rule 5 state about written statements made by others?

Answer 34

A true copy of the written statement must be handed to the suspect without invoking any reply or comment.

Question 35

What must happen if a police officer realizes a statement contains a confessional statement?

Answer 35

They must take the suspect to a superior police officer, a magistrate, or a justice of peace for confirmation.

Question 36

What does alibi mean in legal terms?

Answer 36

Alibi means 'elsewhere' and is a defense claiming the defendant was at a different location during the commission of the alleged offence.

Question 37

What is required of a defendant who wants to rely on an alibi?

Answer 37

They must inform the police at the earliest opportunity of their whereabouts at the time of the offence.

Question 38

What is the burden on the defendant when raising an alibi?

Answer 38

The defendant must provide detailed evidence of their whereabouts, the people they were with, the time, and what they were doing.

Question 39

True or False: Failure to investigate a properly raised alibi is fatal to the prosecution's case.

Answer 39

True

Question 40

What is the significance of identification parade?

Answer 40

It is used to identify a person responsible for a crime when their identity is in doubt.

Question 41

What does identification consist of?

Answer 41

* Fingerprints * Handwriting * Palm prints * Voice * Photographs * Recollection of features by witnesses * Identification parade

Question 42

When is an identification parade relevant?

Answer 42

It is relevant when the identity of the person responsible for the offence is in doubt.

Question 43

When does an identification parade become relevant?

Answer 43

When the identity of the person responsible for the commission of an offence is in doubt ## Footnote This situation arises when the offender was not arrested at the scene and has not been previously known by the victim or witnesses.

Question 44

What factors does the court consider in deciding the credibility of identity evidence?

Answer 44

* Previous contact of the witness with the suspect * The length of time the witness saw the suspect * The opportunity of close observation * The lighting condition * Whether the witness informed the police of the suspect's identity at the earliest opportunity ## Footnote Relevant cases include Lawalli (Danchina) vs The State and Thomas vs. The State.

Question 45

When is an identification parade not necessary?

Answer 45

* Clear and uncontradicted eyewitness account * Witness or victim knew the suspect prior to the offence * Convincing, cogent, and compelling evidence linking the suspect to the offence ## Footnote Refer to OLALEKAN v. THE STATE for legal context.

Question 46

What is the procedure for conducting an identification parade?

Answer 46

* Conducted at the police station * Suspect lined up among at least 8 others with similar features * Witness identifies the suspect without aid * Witness must not see the suspect prior to the parade * Suspect chooses position in the parade * No whispering or communication between parade and witness ## Footnote Refer to Ikempson vs The State for procedural guidelines.

Question 47

What are exhibits in the context of an investigation?

Answer 47

Items seized during an investigation that are relevant for prosecution ## Footnote They must be kept with the exhibit keeper and marked for identification.

Question 48

What is police bail?

Answer 48

Temporary release of a suspect on bond or self-recognizance pending investigation or arraignment ## Footnote The power to grant bail is derived from various legal provisions.

Question 49

What is the procedure for applying for police bail?

Answer 49

* Formal letter to the officer in charge of the station * Letter must come from a person willing to stand as surety * Surety must undertake to produce the suspect * Counsel may certify the surety but cannot sign the bail bond ## Footnote In some stations, a printed form may be used for the application.

Question 50

What remedies are available if bail is refused?

Answer 50

* Application for judicial review (Habeas Corpus) * Application for enforcement of fundamental rights * Application for bail at the court with jurisdiction ## Footnote Refer to specific sections of the ACJA and CFRN for legal context.

Question 51

True or False: The police can grant bail in capital offences.

Answer 51

False ## Footnote Police have no power to release a suspect in capital offences unless the warrant is endorsed with an order for bail.

Question 52

Fill in the blank: The identification parade must be conducted without _______ for the witness.

Answer 52

aid

Question 53

What is the importance of the chain of custody in handling exhibits?

Answer 53

To ensure proper identification and avoid mixing up with unrelated exhibits ## Footnote It is crucial for maintaining the integrity of evidence in legal proceedings.

Question 54

What is the role of experts in an investigation?

Answer 54

To provide specialized knowledge relevant to the case ## Footnote Examples include pathologists and forensic experts in murder cases.