Section 112 Administration of Criminal Justice Act 2015 NG

Section 112 of the Administration of Criminal Justice Act 2015

Section 112 of the Administration of Criminal Justice Act 2015 is under PART 13 (FIRST INFORMATION REPORT) of the Act.

Procedure for receiving complaint and first information report

(1) Where a complaint is brought before a police officer in charge of a police station concerning the commission of an offence and is:
(a) one for which the police are authorised to arrest without a warrant, and

(b) triable by a magistrate court within which jurisdiction the police station is situated, the police shall if the complaint is made orally reduce the complaint or cause it to be reduced into writing in the Police Diary.

(2) The complaint, whether given in writing or orally must be reduced in writing into the Police Diary and read or cause to be read over to the complainant and every such complaint shall be signed by the officer receiving the complaint.

(3) where on any other ground the officer in charge of a police station has reason to suspect the commission of an offence referred to in subsection (1) he shall enter or cause to be entered the grounds of his suspicion in a Police Diary.

(4) Where the officer is satisfied that no public interest may be served by prosecuting, he may refuse to accept the complaint provided that he notifies the complainant of his right to complain to a court under section 109 (d) of this Act.

(5) Notwithstanding the provision of subsection (2) of this section the officer in charge of a police station may if in his view the matter might more conveniently be inquired into by an officer in charge of another police station, refer the complaint to such other police station.

(6) After complying with the provisions of subsection (3) of this section the officer in charge of the police shall act as follows:
(a) he shall forthwith proceed to the spot and investigate the case and if the suspect is not in custody take such steps as may be necessary for the discovery and arrestof the suspect or he may direct a police officer subordinate to him to do so and report to him;

(b) in cases involving death or serious injury to any person, the officer in charge of the police station shall arrange, if possible, for the person to be taken to the nearest hospital for such further examination as may be necessary;

(c) where the complaint is given against a person by name and the alleged offence is not of a serious character the officer in charge of a police need not make or direct investigation on the spot;

(d) in the cases mentioned in paragraph (c) of this subsection, the officer in charge of the police station shall record in the book referred to in subsection (2) and in the First Information Report to the court his reason for not entering on an investigation or for not making or directing investigation on the spot or not investigating the case.

(e) where after the investigation, it appears that the complaints against the suspect are unfounded, the investigation shall be terminated and this fact shall be recorded in the Police Diary mentioned in subsection (2) of this section.

(f) where the officer considers that the prosecution of the alleged offence will serve the public interest, the officer shall reduce the complaint into the prescribed form called First Information Report and the officer shall take the alleged suspect with the First Information Report before a magistrate within whose jurisdiction the police station is situated.

(7) Where the suspect appears or is brought before the court the particulars of the offence of which he is accused shall be read to him and he shall be asked if he has any cause to show why he should not be tried by the Magistrate.

(8) Where upon hearing the information the alleged suspect admits the commission of the offence contained in the First Information Report, his admission shall be recorded as near as possible in the words used by him and if he shows no sufficient cause why he should not be convicted the court may convict him accordingly and in that case it shall not be necessary to frame a formal charge.

(9) Where the suspect denies the allegation against him and states that he intends to show cause why he should not be convicted, the court shall proceed to hear the complainant and take such evidence as may be produced in support of the prosecution. The suspect shall be at liberty to cross-examine the witnesses for the prosecution and if he so does, the prosecutor may re-examine the witnesses where necessary.

(10) Where the evidence referred to in subsection (9) of this section has been taken or at any stage of the case, the court is of the opinion that there is ground that the suspect has committed an offence triable under this part, which such court is competent to try and which in the opinion of the Court could be adequately punished, the court shall frame a charge stating the offence for which the suspect will either be tried by the court or direct that the suspect be tried in another Magistrate court.

(11) Where in the proceeding before a magistrate court, the court at any stage before judgment, is of the opinion that the case is one which ought to be tried by the High Court, he shall transfer the case along with the suspect to a High Court for trial upon a charge or information in accordance with the provisions of this Act.

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