Miranda principle was first established in America in 1966 in the case of Miranda vs Arizona 384 U.S. 436. The principle simply states that the criminal suspect in police custody must be notified of their rights while in custody and under interrogation which are; the right to an attorney, before and during questioning, the right to remain silent and be informed that anything they the suspects says can and will be used against him in court.  These rights are collectively known as the Miranda rights. 

The Miranda rights are notified to the suspects immediately the suspect is in police custody or custodial interrogation as is the case in the United States of America. Custody means the formal arrest or deprivation of freedom to some extent associated with the arrest. At the apprehension of a suspect, the police are required to Mirandize (Miranda rights) the suspects, the police in charge of interrogation are mandated to remind the suspect of his rights (interrogations mean explicit questioning or actions that are reasonably likely to elicit an incriminating response). 

The purpose of mirandize a suspect is to safeguard the admissibility of their statement during police investigation in a criminal proceeding. It goes without saying that where these rights are not read or notified to the suspects, the confession retrieved from the interrogations risk failing the admissibility test in court. 

The Miranda principle is widely used and incorporated into other jurisdictions worldwide. The Cameroon criminal procedure code is not an exception. The Cameroon Criminal procedure code makes it mandatory for the police officer to inform the suspect under investigation of his right to counsel (lawyer) and right to remain silent during an investigation, failure which the investigation shall be a nullity. The criminal procedure code goes further to mention that the police report must include that the suspect was fully informed of his rights to remain silent, his right to a lawyer and that whatever he says can be used in court against him. 

The right to counsel is interpreted as the counsel being present with the suspects before the interrogation to advise him on the legal consequences of his acts and during the investigation to ensure the rights of the suspects are fervently and judiciously respected as has been the practice in Cameroon. It should not be misconstrued that the lawyer is there to answer the questions on behalf of the suspect. 

The Miranda rights extend to police custody given that the suspect is allowed to have visit with his lawyer or a family at any time during custody. The criminal procedure code provides that the suspect should not at any time be subjected to physical, mental constraints, torture, violence threat or any pressure what so ever, or deceit, insidious maneuvers, false proposal, prolonged questioning, hypnosis, the administration of drugs or any other method which is likely to compromise or limit the freedom of action or decision or memory or sense of judgment of the suspect.

The Miranda rights are there to protect the suspect during investigation and also to offer to the suspect a chance of a fair trailer.

Author:  Tamanchambi Elton Taniform, Esq. 

Legal adviser PRENEXA