(1) if, after hearing the evidence in support of the charge, the officer of the watch, the officer of the Day or the Executive officer is of opinion that the charge, if proved, would be beyond his power to punish, he must bear in mind that a confession made before him by the accused will not be admissible in evidence at an y further proceedings unless the accused has been cautioned, before he speaks, that he is not obliged to say any thing unless he wishes to do so, and that any statement he may make may be given in evidence. Care should be taken to avoid any suggestion that the accused’s answers can only be used in evidence against him, as this may discourage an innocent person from making a statement which might help to clear him of the charge. The investigating officer must also bear in mind that in case beyond his power of punishment his functions are to see whether there is a Prima facie case, to collect evidence when it is important that evidence be collected immediately, and, to give the accused a chance to make a statement. If the alleged offence is one which is likely in itself to lead at least to a warrant punishment (as distinct from one which may lead to a warrant punishment because it is the culminating offence in a series of minor offences), the investigating officer should address the accused in the following words after hearing the evidence in support of the charges: - “Do you wish to say anything in answer to the charge? You are not obliged to say anything unless you wish to do so; but whatever you say will be taken down in writing and may be given in evidence.”
(2) The officer of the watch or officer of the Day need not use these words unless he decides to hear then defence before sending the case to the Executive Officer.
(3) If the accused makes a statement, it should be taken down in writing, On conclusion of this statement the investigating officer should not ask any question save to point out any ambiguity and ask if the accused wishes to clear it up or to point out that no reference has been made to some charge and ask if the accused wishes to say anything about it. In particular, nothing must be said which indicates that the accused is expected to make any further statement.
(4) If he has not already done so, the investigating officer must then make up his mind whether the case against the accused has been made out. If he decides that no case has been made out, he is to dismiss the charge.
(5) If the investigating officer decides to refer the case to higher authority, the accused is to be informed accordingly, the customary terminology “Commander’s report” or “Captain’s report”, as the case may be, being used.