—(1) Subject to this section, no statement made by any person to an investigating officer in the course of an investigation shall be used as evidence at his trial.
(2) When any witness, other than the accused, is called for the prosecution or for the defence, the subordinate military court shall, on the request of the accused or the prosecutor, refer to any statement made by such witness to an investigating officer, and such statement may be used in the manner provided by the Evidence Act (Cap. 97).
(3) When a person is charged with an offence in relation to the making or contents of any statement made by him to an investigating officer in the course of an investigation, such statement may be used in or as evidence.
(4) Where a person is charged with an offence, any statement, whether such statement amounts to a confession or not or is oral or in writing, made at any time, whether in the course of an investigation or not, by such person to or in the hearing of an investigating officer shall be admissible in evidence at his trial and, if such person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit.
(5) A subordinate military court shall refuse to admit such statement or allow it to be used as mentioned under subsection (4) if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against such person, proceeding from a person in authority and sufficient in the opinion of the court, to give such person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.
(6) Where a person subject to military law is officially informed that he may be prosecuted for an offence in a subordinate military court, he shall be served with a notice in writing, which shall be explained to him, to the following effect:
“You have been informed that you may be prosecuted for an offence. Do you wish to say anything in answer to the allegation that you have committed the offence? If there is any fact on which you intend to rely in your defence, you are advised to mention it now. If you hold it back till you go to court, your evidence may be less likely to be believed and this may have a bad effect on your case in general. If you wish to mention any fact now, and you would like it written down, this will be done.”.
(7) Where a person subject to military law is served with a notice under subsection (6), he shall forthwith be officially informed, orally or in writing, of the date, place and nature of the offence which he is alleged to have committed.
(8) No statement made by an accused person in answer to a written notice served on him pursuant to subsection (6) shall be construed as a statement caused by any inducement, threat or promise as is described in subsection (5), if it is otherwise voluntary.
(9) In subsections (6) and (7), “officially informed” means informed by an investigating officer referred to in section 177, and empowered by section 178, to investigate the offence referred to in subsection (6).
History for Provision '181 Admissibility of statements'.