Afraid of Your Police Statement?

Why giving a statement feels so frightening

Being called to give a police statement is one of the most stressful parts of a frozen account case. You may fear saying the wrong thing, being misunderstood, or making things worse by accident. Feeling this way is normal.

Knowing what will happen takes away much of that fear. Under Section 112 CPC, police record statements as part of their investigation. ^[f1] Being asked for a statement does not by itself mean you are in deeper trouble.

What happens when you give a statement

At the police station, an officer asks you questions about what happened with your frozen account. The officer writes down your answers, and you are asked to sign the finished statement. You do not need to prepare a speech or a written document.

The officer may ask how you use the account, about the transactions in question, and how you know anyone involved. They may also ask about your job, your income and your normal banking. These questions help investigators understand the transactions that led to the freeze.

Your rights while giving a statement

The law protects you during a police statement. Article 5(3) of the Federal Constitution gives you the right to consult a lawyer. ^[f2] You can speak to a lawyer before you go to the station and ask to call them during breaks.

You must answer questions about the case, but Section 112(2) CPC means you do not have to answer questions that could expose you to a criminal charge. ^[f5] If a question could incriminate you, you can decline to answer that question.

If you are arrested, the police must tell you why. ^[f4] Knowing the reason helps you and your lawyer prepare. Your rights during investigation are protected by the Constitution and by criminal procedure law.

How to prepare

Preparing makes the fear easier to manage. Before the statement, gather documents that help you recall dates and details. Your bank statements and phone records can remind you of the order of events.

Write your own timeline of what happened, when, and who was involved. It is for your reference, not for the police. Clear notes help you give consistent and accurate answers when questions come fast.

If you can, speak to a lawyer before you go. Even a short talk about what to expect helps. A lawyer, including through the legal aid options available, can take you through the likely questions and point out where you need to answer with care.

What to say and what to avoid

Tell the truth. A lie or an inconsistency can be used against you later. If something happened that you now regret, such as lending your account to someone, talk to a lawyer before the statement about how to describe it accurately.

Answer only with what you actually know and remember. If you do not know, say so. If you cannot recall a date, say “I do not remember the exact date”. Never guess, because a wrong detail can clash with other evidence later.

Section 113 CPC governs whether a police statement can be used in court. ^[f3] Do not assume yours cannot be used against you; a lawyer can explain how it might be used.

After the statement

Read the statement carefully before you sign it. Check that it says what you said. If any part is wrong, ask for it to be corrected before you sign.

After signing, write down the officer’s name, the date and your case reference number. Your lawyer will need these to follow up. While it is fresh, also note the questions you were asked and the answers you gave.

Talk to a lawyer after the statement about what happened and what comes next. The defence preparation process is much clearer once the statement is done. Your lawyer can judge from the questions asked whether you need to take further steps.

You are not alone

Being under investigation over a frozen account can feel lonely. But the process has rules and protections, and a lawyer can take you through each step.

One step is enough for today: speak to a lawyer, or read about your rights during investigation.

Sources

1. Criminal Procedure Code (CPC), Section 112: Power to Examine Witnesses
2. Criminal Procedure Code (CPC), Section 113: Admissibility of Statements
3. Federal Constitution of Malaysia, Article 5(3): Right to Counsel
4. Malaysian Bar Council: Rights of Persons Under Investigation