Section 48

If the person fails to attend as required, the authorized officer or police officer not below the rank of Inspector may report the failure to a Magistrate who shall issue a warrant to secure the attendance of the person.

Examination of person acquainted with case 37b.  (1)  An authorized officer or a police officer not below the rank of Inspector conducting an investigation under this

Act may examine orally a person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.

The person examined under subsection (1) shall be bound to answer all questions relating to the case put to him by the authorized officer or police officer not below the rank of Inspector, but he may refuse to answer any question the answer which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to the questions.

The authorized officer or police officer not below the rank of Inspector, examining a person under subsection (1)

shall first inform the person of the provisions of subsections (2)

and (3).

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A statement made by any person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumbprint, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish, and where the person examined refuses to sign or affix his thumbprint on the statement, an authorized officer or a police officer not below the rank of Inspector shall endorse thereon under his hand the fact of the refusal and the reason for it, if any, as stated by the person examined.

Admissibility of statement in evidence 37c.  (1)  Except as provided in this section, no statement made by any person to an authorized officer or a police officer not below the rank of Inspector in the course of an investigation made under this Act shall be used in evidence.

When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to an authorized officer or a police officer not below the rank of Inspector in the course of an investigation under this Act and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of the statement and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950

[Act 56].

Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.

Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j)

of the Evidence Act 1950.

Atomic Energy Licensing (Amendment)

When any person is charged with any offence in relation to the making or the contents of any statement made by him to an authorized officer or a police officer not below the rank of Inspector in the course of an investigation made under this Act, that statement may be used as evidence in the prosecution’s case.”.

Amendment of section 38