DO YOU NEED TO MAKE A STATEMENT WHEN A CRIMINAL CHARGE IS LAID AGAINST YOU

Once a person has laid a criminal charge against you (accused) a docket will be opened. The investigating officer of the relevant South African Police Service (SAPS) offices will contact you to report to the SAPS station to complete a warning statement – SAPS 3M (m) statement.

 

It is important to offer your co-operation in these proceedings and refrain from avoiding the SAPS.  It is advisable to attend the SAPS station with your attorney.

 

The investigating officer is obligated to:

 

  1. Take the accused through the statement thoroughly and ensure that you understand the contents thereof;

 

  1. Inform you of the nature of the charges; and

 

  1. Promptly inform you of your right to remain silent and check whether you wish to invoke your right to remain silent.

 

At the end of the statement, it makes provision for your version of the events.

 

It is advisable to remain silent due to the fact that you are not entitled to peruse the docket before you appear in court. You are under no obligation to help the SAPS with their investigation. The consequence of not remaining silent is that any information uttered or willingly given to the SAPS officer may be used against you in court. Furthermore, it can lead to additional charges instituted against you by the prosecutor.

 

It is further of utmost importance to refrain from signing an admission of guilt fine as it may result in a criminal record.

 

Should you be informed of a criminal charge laid against you, contact Lloyd Wegerle from our offices immediately for assistance!