Long Title

Part I PRELIMINARY

Part II CRIMINAL JURISDICTION OF SUBORDINATE COURTS

Part III POWERS OF ATTORNEY-GENERAL AND PUBLIC PROSECUTOR

Part IV INFORMATION TO POLICE AND POWERS OF INVESTIGATION

Division 1 — Duties of police officer on receiving information about offences

Division 2 — Search and seizure

Part V PREVENTION OF OFFENCES

Division 1 — Security for keeping peace and for good behaviour

Division 2 — Proceedings following order to provide security

Division 3 — Unlawful assemblies

Division 4 — Preventive action of police

Part VI ARREST AND BAIL AND PROCESSES TO COMPEL APPEARANCE

Division 1 — Arrest without warrant

Division 2 — Arrest with warrant

Division 3 — General provisions for arrests with or without warrant

Division 4 — Proclamation and attachment

Division 5 — Bails and bonds

Division 6 — Notice to attend court and bonds to appear in court

Division 7 — Surrender of travel document and requirement to remain in Singapore

Division 8 — Summons to appear in court

Part VII THE CHARGE

Part VIII INITIATION OF CRIMINAL PROCEEDINGS AND COMPLAINT TO MAGISTRATE

Part IX PRE-TRIAL PROCEDURES IN THE SUBORDINATE COURTS

Division 1 — General matters

Division 2 — Criminal case disclosure procedures

Division 3 — Non-compliance with Division 2

Division 4 — Where criminal case disclosure procedures do not apply

Part X PRE-TRIAL PROCEDURES IN HIGH COURT

Division 1 — General matters

Division 2 — Committal procedures for cases triable by High Court

Division 3 — Supplementary provisions to committal procedures

Division 4 — Non-compliance with certain requirements in Division 2

Division 5 — Transmission proceedings

Division 6 — Non-compliance with certain requirements in Division 5

Part XI GENERAL PROVISIONS RELATING TO PRE-TRIAL AND PLEAD GUILTY PROCEDURES IN ALL COURTS

Division 1 — General pre-trial procedures

Division 2 — When accused pleads guilty electronically

Division 3 — Plead guilty procedures

Part XII PROCEDURE AT TRIAL IN ALL COURTS

Part XIII GENERAL PROVISIONS RELATING TO PROCEEDINGS IN COURTS

Division 1 — General provisions

Division 2 — Transfer of cases

Division 3 — Compounding of offences

Division 4 — Previous acquittals or convictions

Division 5 — Proceedings relating to persons of unsound mind

Part XIV EVIDENCE AND WITNESSES

Division 1 — Preliminary

Division 2 — Admissibility of certain types of evidence

Division 3 — Ancillary hearing

Division 4 — Special provisions relating to recording of evidence

Division 5 — Witnesses

Part XV JUDGMENT

Part XVI SENTENCES

Division 1 — Sentences in general

Division 2 — Sentence of caning

Division 3 — Suspensions, remissions and commutations of sentences

Part XVII COMMUNITY SENTENCES

Part XVIII COMPENSATION AND COSTS

Part XIX DISPOSAL OF PROPERTY

Part XX APPEALS, POINTS RESERVED, REVISIONS AND CRIMINAL MOTIONS

Division 1 — Appeals

Division 2 — Points reserved

Division 3 — Revision of proceedings before Subordinate Courts

Division 4 — Revision of orders made at criminal case disclosure conference

Division 5 — Criminal motions

Part XXI SPECIAL PROCEEDINGS

Division 1 — Proceedings in case of certain offences affecting administration of justice

Division 2 — Special proceedings — Order for review of detention

Part XXII MISCELLANEOUS

FIRST SCHEDULE Tabular Statement of Offences under the Penal Code

SECOND SCHEDULE Laws to Which Criminal Case Disclosure Procedures Apply

THIRD SCHEDULE Offences to Which Transmission Procedures Apply

FOURTH SCHEDULE Offences That May be Compounded by Victim

FIFTH SCHEDULE Types of Work

Legislative History

PART X
PRE-TRIAL PROCEDURES IN HIGH COURT
Division 1 — General matters
Interpretation of this Part
172.  In this Part —
“Case for the Defence” means the document by that name referred to in sections 195 and 217;
“Case for the Prosecution” means the document by that name referred to in sections 176(4) and 214;
“co-accused” means any person who is to be tried jointly with an accused in the High Court.
When accused first produced in court
173.  In a case that is triable only in the High Court, the accused shall be first produced before a Magistrate’s Court and the charge shall be explained to him but he shall not be called upon to plead thereto.
Remand of accused
174.  Any such person produced under section 173 may be remanded in accordance with section 238.
[2/2012]
Procedure for cases to be tried in High Court
175.
—(1)  Before a case is to be tried in the High Court, the committal procedures under Division 2 or the transmission procedures under Division 5 shall apply in accordance with this section.
(2)  Subject to subsections (3), (4) and (5), the committal procedures under Division 2 shall be held for the purpose of committing an accused to stand trial in the High Court where the accused is to be tried in the High Court for an offence.
(3)  The transmission procedures under Division 5 shall apply to any offence specified in the Third Schedule which is to be tried in the High Court.
(4)  Where an accused may be tried at the same trial in the High Court for an offence specified in the Third Schedule, together with an offence which is not specified in the Third Schedule and is not punishable with death, the transmission procedures under Division 5 shall apply to both offences.
(5)  Where an accused may be tried at the same trial in the High Court for an offence specified in the Third Schedule, together with an offence which is not specified in the Third Schedule and is punishable with death, the transmission procedures under Division 5 shall apply to the offence specified in the Third Schedule and the committal procedures under Division 2 shall apply to the other offence.
Division 2 — Committal procedures for cases triable by High Court
Committal hearing
176.
—(1)  The prosecution and the accused shall attend a criminal case disclosure conference as directed by a court for the purpose of settling the following matters:
(a)
the charge that the prosecution intends to proceed with;
(b)
whether the accused intends to plead guilty or claim trial to the charge; and
(c)
the date for the holding of a committal hearing.
(2)  If the accused intends to plead guilty to an offence other than an offence punishable with death, the court shall fix a date for a committal hearing to be conducted in accordance with section 178(1).
(3)  If the accused intends to plead guilty to an offence punishable with death, or intends to claim trial —
(a)
the court shall fix a date for a committal hearing; and
(b)
the prosecution must file in court the Case for the Prosecution and serve a copy of this on the accused and every co-accused, if any, not less than 7 days before the date fixed for the committal hearing.
(4)  The Case for the Prosecution filed under subsection (3)(b) must contain the following:
(a)
the charge which the prosecution intends to proceed with at the trial;
(b)
a list of the names of the witnesses for the prosecution;
(c)
a list of exhibits that are intended by the prosecution to be admitted at the trial;
(d)
the statements of witnesses which are intended by the prosecution to be admitted under section 179(1); and
(e)
any statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution.
Examining Magistrate to conduct committal hearing
177.
—(1)  A committal hearing under this Division shall be held before a Magistrate (referred to as the examining Magistrate).
(2)  Whenever from any cause an examining Magistrate conducting a committal hearing is unable to conveniently complete the proceedings of the hearing himself, another examining Magistrate may complete the hearing and proceed as if he had heard and recorded all the evidence himself.
Committal hearing where accused wishes to plead guilty
178.
—(1)  Subject to subsection (2), where an accused who is brought before an examining Magistrate states that he wishes to plead guilty to the charge preferred against him, the Magistrate shall record the facts of the case presented by the prosecution and if the facts disclose sufficient grounds for committing the accused, he shall satisfy himself that the accused understands the nature of the charge and intends to admit without qualification the offence alleged against him and, on being so satisfied, shall commit the accused for trial for the offence.
(2)  Where the accused wishes to plead guilty to an offence punishable with death, the examining Magistrate shall proceed to hear all the evidence tendered by the prosecution and the defence, which shall consist of the written statements referred to in section 179, and satisfy himself that the statements disclose sufficient evidence for him to commit the accused for trial for the offence.
(3)  After an accused has been committed for trial for any offence under this section, the Registrar of the Supreme Court may at any time fix a date for the plea of guilty by the accused to be taken in accordance with Division 3 of Part XI.
Use of written statements
179.
—(1)  Notwithstanding anything in this Code or in any other written law, in a committal hearing conducted under this Division, a written statement made by any person is admissible as evidence to the same extent and to the same effect as oral evidence by the person, if the following conditions are satisfied:
(a)
the statement appears to be signed by the person who made it;
(b)
the statement contains a declaration by the person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were given in evidence, he would be liable to prosecution if he stated in it anything he knew to be false or did not believe to be true; and
(c)
before the statement is given in evidence, a copy of the statement is served, by or on behalf of the party proposing to give it, on each of the other parties to the committal hearing not less than 7 days before the date of the committal hearing.
(2)  The following provisions also apply to any written statement given in evidence under this section:
(a)
if the statement is by a person below the age of 21 years, it must state his age;
(b)
if it is made by a person who cannot read it, it must be read to him before he signs it and must be accompanied by a declaration by the person who read the statement to him, stating that it was so read; and
(c)
if it refers to any other document as an exhibit, the copy of the written statement served on any other party to the committal hearing under subsection (1)(c) must be accompanied by a copy of that document or by information that will enable the party on whom it is served to inspect that document or make a copy of it.
(3)  Where a written statement made by any person is admitted in evidence under this section, the examining Magistrate may, of his own motion or on the application of any party to the committal hearing, require the person to attend before the examining Magistrate and give evidence.
(4)  So much of any statement as is admitted in evidence under this section must, unless the examining Magistrate otherwise directs, be read aloud at the hearing and where the examining Magistrate so directs, an account shall be given orally of so much of any statement as is not read aloud.
(5)  A document or an object referred to as an exhibit and identified in a written statement given in evidence under this section must be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.
(6)  Section 297 shall apply to any written statement tendered in evidence at a committal hearing under this section, as it applies to a deposition taken in the committal hearing.
When accused to be discharged
180.
—(1)  When the written statements and all the other evidence, if any, in support of the prosecution have been received in evidence, the examining Magistrate shall, if he finds that there are insufficient grounds for committing the accused for trial, discharge him.
(2)  Nothing in this section shall be deemed to prevent an examining Magistrate from discharging the accused at any previous stage of the case if for reasons to be recorded by the examining Magistrate, he considers the charge to be groundless.
(3)  When the examining Magistrate is of the opinion that there are peculiar difficulties or circumstances connected with the case or whenever he is so directed by the Public Prosecutor, he shall remand the accused or admit him to bail and shall forthwith forward the evidence before the court to the Public Prosecutor in order that he may give such instructions as to him appear requisite.
When charge to be framed
181.  If after taking the written statements and all the other evidence, if any, in support of the prosecution, the examining Magistrate is of the opinion that, on the evidence as it stands, the accused should be committed for trial on the charge that the prosecution tenders to the examining Magistrate, the charge shall be read and explained to the accused and the examining Magistrate shall say to him these words or words to the like effect:
“Having heard the evidence, do you wish to say anything in answer to the charge? You have nothing to hope from any promise of favour and nothing to fear from any threat which may have been held out to you to induce you to make any confession of your guilt. You are not bound to say anything unless you desire to do so but whatever you say will be taken down in writing and may be given in evidence at your trial.”.
Committal when defence reserved
182.  If the accused elects to reserve his defence, he shall forthwith be committed for trial before the High Court.
Defence of accused
183.
—(1)  If the accused elects to make his defence before the examining Magistrate instead of making a written statement under section 179, the statement made by the accused, if any, shall be taken down in writing and read over to him and shall be signed by the examining Magistrate and kept with the written statements made under section 179 and depositions, if any, and forwarded with them as hereinafter mentioned.
(2)  The evidence of the accused if he tenders himself as a witness in his own behalf in lieu of making a statement under subsection (1) or section 179 and of any witnesses whom he may desire to call shall then be taken.
(3)  Notwithstanding anything in the Evidence Act (Cap. 97), the accused shall be a competent witness in his own behalf in a committal hearing under this Division.
Addresses
184.  In a committal hearing under this Division, the accused or his advocate may at the end of the prosecution case and, if the accused has elected to make his defence, at the end of the defence case, address the examining Magistrate on a submission that there is insufficient evidence to put the accused on trial for the offence of which he is charged, and the person conducting the prosecution shall have the right of reply.
Discharge or committal after defence
185.  When sections 183 and 184 have been complied with, the examining Magistrate shall —
(a)
if he finds that there are insufficient grounds for committing the accused for trial, discharge the accused; or
(b)
if he finds that there are sufficient grounds for committing the accused for trial, commit the accused for trial before the High Court.
Bonds of witnesses
186.
—(1)  Witnesses for the prosecution and the defence whose attendance before the High Court is necessary and who have appeared before the examining Magistrate pursuant to section 179(3) or whose written statements have been admitted by the examining Magistrate under that section shall execute bonds binding themselves to be in attendance when called upon at the High Court to give evidence.
(2)  If any witness refuses to execute such bond, the examining Magistrate may commit him to prison until the trial or until he gives satisfactory security that he will give evidence at the trial.
Attendance at trial of person making report
187.
—(1)  Where any report under section 20 of the Coroners Act 2010 (Act 14 of 2010) or any document under section 263(1) has been used as evidence in a committal hearing, the examining Magistrate shall then inform the accused that he has the right to require the attendance of the person under whose hand the report or document is made as a witness at the trial, and that he may, to this end, give notice at any time before the trial to the Registrar of the Supreme Court, or to the officer in charge of the prison in which he is kept, of his wish that that person be required to attend at the trial.
(2)  On receiving any such notice from the accused, the officer in charge of the prison shall notify the Registrar of the Supreme Court.
(3)  The Registrar of the Supreme Court on receipt of such notice from the accused or from the officer in charge of the prison shall forthwith issue a summons to compel the attendance of that person at the trial.
(4)  Nothing in this section shall render such report or document inadmissible in evidence when the person who made it is dead or cannot be found or is incapable of giving evidence, or if his presence cannot be obtained without an amount of delay or expense which under the circumstances of the case the court considers unreasonable.
(5)  At any committal hearing, any report made under section 20 of the Coroners Act 2010 shall be admissible as evidence, and shall be prima facie evidence of the facts stated therein.
Procedure after committal of accused for trial
188.
—(1)  When the accused is committed for trial, the examining Magistrate shall send a copy of the record of the committal hearing to the Public Prosecutor and to the accused and, when the Magistrate receives an order from the Public Prosecutor to do so, forward the original record and any document, weapon or other thing which is to be produced in evidence to the Registrar of the Supreme Court.
(2)  Any such thing which from its bulk or otherwise cannot conveniently be forwarded to the Registrar of the Supreme Court may remain in the custody of the police or any other law enforcement agency.
(3)  A list of all exhibits with a note of their distinguishing marks and showing which of those exhibits are forwarded with the record and which remain in the custody of the police or any other law enforcement agency shall be forwarded to the Registrar of the Supreme Court with the record.
(4)  The record shall comprise the following particulars:
(a)
the serial number;
(b)
the date of the commission of the offence;
(c)
the date of the complaint, if any;
(d)
the name and residence of the complainant, if any;
(e)
the name, residence, if known, and nationality of the accused;
(f)
the offence complained of and the offence, if any, proved and the value of the property, if any, in respect of which the offence has been committed;
(g)
the date of the summons or warrant and of the return day of the summons, if any, or on which the accused was first arrested;
(h)
the date on which the accused first appeared or was brought before the Magistrate’s Court;
(i)
the date of the making of each adjournment or postponement, if any, and the date to which the adjournment or postponement was made and the grounds of making the same;
(j)
the date on which the proceedings terminated;
(k)
the order made;
(l)
the written statements referred to in section 179;
(m)
the depositions;
(n)
the statement or evidence of the accused under section 183, if any; and
(o)
the charge.
Custody of accused pending trial
189.
—(1)  The Magistrate’s Court shall, subject to the provisions of this Code regarding the taking of bail, commit the accused by warrant to custody until and during the trial.
(2)  This section shall not apply where the accused is a corporation.
Restrictions on reports of committal hearing
190.
—(1)  Except as provided by subsections (2) and (3), it shall not be lawful to publish a report of any committal hearing containing any matter other than that permitted by subsection (4).
(2)  A Magistrate’s Court shall, on an application for the purpose made with reference to any committal hearing by the accused person or one of the accused persons, as the case may be, order that subsection (1) shall not apply to reports of those proceedings.
(3)  It shall not be unlawful under this section to publish a report of any committal hearing containing any matter other than that permitted by subsection (4) —
(a)
where the examining Magistrate determines not to commit the accused person or persons for trial, after he so determines; and
(b)
where an examining Magistrate commits the accused person or any of the accused persons for trial, after the conclusion of his trial or, as the case may be, the trial of the last to be tried.
(4)  The following matters may be contained in a report of a committal hearing published without an order under subsection (2) before the time authorised by subsection (3):
(a)
the identity of the court and the name of the examining Magistrate;
(b)
the names, and occupations of the parties and the ages of the accused person or persons;
(c)
the offence or offences, or a summary of them, with which the accused person or persons is or are charged;
(d)
the names of advocates engaged in the proceedings;
(e)
any decision of the court to commit the accused person or any of the accused persons for trial, and any decision of the court on the disposal of the case of any accused person not committed;
(f)
where the court commits the accused person or any of the accused persons for trial, the charge or charges, or a summary of them, on which he is committed;
(g)
where the committal hearing is adjourned, the date to which it is adjourned;
(h)
any arrangements as to bail on committal or adjournment.
(5)  If a report is published in contravention of this section, the following persons shall be liable on summary conviction to a fine not exceeding $5,000:
(a)
in the case of a publication of a report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;
(b)
in the case of a publication of a report otherwise than as part of a newspaper or periodical, the person who publishes it;
(c)
in the case of a broadcast of a report by a body corporate, limited liability partnership, partnership or unincorporated association, any person acting on behalf of the body corporate, limited liability partnership, partnership or unincorporated association, having functions in relation to the broadcast of the report corresponding to those of the editor of a newspaper or periodical.
(6)  Proceedings for an offence under this section shall not be instituted otherwise than by or with the consent of the Public Prosecutor.
(7)  Subsection (1) shall be in addition to, and not in derogation of, the provisions of any other written law with respect to the publication of reports and proceedings of a Magistrate’s Court and any other court.
(8)  In this section —
“broadcast” means any transmission of signs or signals for general reception, using wireless telecommunications or any other means of delivery, whether or not the transmission is encrypted;
“publish”, in relation to a report, means make the report available to the general public of Singapore, or any section thereof, in whatever form and by whatever means, including broadcasting and transmitting on what is commonly known as the Internet.
Certain provisions to prevail
191.  If a conflict arises between sections 176 to 190 and any other provisions of this Code or of any other written law, sections 176 to 190 shall prevail.
Procedure after case has been committed to High Court
192.
—(1)  After the accused has been committed to stand trial in the High Court (not being a committal for trial under section 178), the Registrar of the Supreme Court shall hold a criminal case disclosure conference not earlier than 7 days from the date the record of the committal hearing has been served on the parties under section 188.
(2)  The accused and the prosecution shall attend a criminal case disclosure conference as directed by the Registrar of the Supreme Court in accordance with this Division for the purpose of settling the following matters:
(a)
the filing of the Case for the Defence;
(b)
any issues of fact or law which are to be tried by the trial judge at the trial proper;
(c)
the list of witnesses to be called by the parties to the trial;
(d)
the statements, documents or exhibits which the parties to the case intend to adduce at the trial; and
(e)
the trial date.
(3)  The court must not make any order in relation to any matter referred to in subsection (2) in the absence of any party if the order is prejudicial to that party.
When Case for the Defence is served
193.
—(1)  If, at the criminal case disclosure conference held on the date referred to in section 192(1), or on such other date to which the criminal case disclosure conference is adjourned under section 238, the accused does not indicate that he wishes to plead guilty, the defence may file in court the Case for the Defence and serve a copy on the prosecution and on every co-accused who is claiming trial with him, if any, not later than 2 weeks from the date of the criminal case disclosure conference.
(2)  If the accused indicates that he does not wish to file the Case for the Defence, the Registrar of the Supreme Court may fix a date for trial in the High Court.
(3)  The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under subsection (1) and after the prosecution is to serve on the defence copies of the statements and records referred to in section 196(1).
Court to explain to unrepresented accused certain matters
194.  If, at the criminal case disclosure conference held on the date referred to in section 192(1), the accused is not represented by an advocate, the Registrar of the Supreme Court must explain to him, in accordance with the prescribed form, what he may do under section 193(1), the effect of section 196 and the consequences provided under section 209.
Contents of Case for the Defence
195.
—(1)  The Case for the Defence must contain —
(a)
a summary of the defence to the charge and the facts in support of the defence;
(b)
a list of the names of witnesses for the defence;
(c)
a list of the exhibits that are intended by the defence to be admitted at the trial; and
(d)
if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —
(i)
a statement of the nature of the objection;
(ii)
the issue of fact on which evidence will be adduced; and
(iii)
the points of law in support of such objection.
Illustration 1
A is charged with murder. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim attacked A with a knife first) and any issue of law (for example, that exceptions 2 (private defence) and 4 (sudden fight) to section 300 of the Penal Code (Cap. 224) apply).
Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of his statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements he intends to challenge and the facts that he intends to rely on to support his challenge.
(2)  Notwithstanding subsection (1), an accused who is not represented by an advocate need not state any —
(a)
objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or
(b)
point of law in support of any objection raised by the defence.
Time for service of other statements
196.
—(1)  After the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks from the date of service, serve on the accused or his advocate copies of —
(a)
all other statements given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial; and
(b)
criminal records, if any, of the accused, upon payment of the prescribed fee.
(2)  Where the Case for the Defence has not been served on the prosecution, the prosecution —
(a)
need not serve on the defence any statement or record referred to in subsection (1); and
(b)
may use any such statement or record at the trial.
Fixing dates for trial
197.  If, at the further criminal case disclosure conference referred to in section 193(3), the accused does not indicate that he wishes to plead guilty, the Registrar of the Supreme Court may fix a date for trial.
If co-accused charged subsequently
198.  If, subsequent to any criminal case disclosure conference held under this Division in relation to an accused, a co-accused is charged, the court may do all or any of the following:
(a)
order the prosecution to serve on the co-accused the Case for the Prosecution or the record of the committal hearing referred to in section 188(1) in relation to the accused;
(b)
order the accused to serve on the co-accused his Case for the Defence, if any.
Division 3 — Supplementary provisions to committal procedures
Persons to be deemed to have been brought before High Court in due course of law
199.  All persons appearing before the High Court (under a commitment for trial or in pursuance of bail so to appear) against whom charges are preferred by or at the instance of the Public Prosecutor shall, unless the contrary is shown, be deemed to have been brought before the Court in due course of law, and, subject to this Code, shall be tried upon the charges so preferred.
When Public Prosecutor may direct that accused be discharged
200.
—(1)  When a copy of the record of any committal hearing before a Magistrate’s Court has been transmitted to the Public Prosecutor as required by section 188, the Public Prosecutor, if he is of the opinion that no further proceedings should be taken in the case, may make an order in writing, signed by himself, directing the accused to be discharged from the matter of the charge and, if the accused is in custody, from further detention upon the charge.
(2)  The Public Prosecutor shall send such order to the Magistrate’s Court by which the accused was committed or held to bail and thereupon that Court shall cause the accused to be brought before it and discharged and shall record the order and the discharge made on it upon the proceedings.
(3)  The powers given to the Public Prosecutor by this section shall be exercised only by him.
Public Prosecutor may by fiat designate court of trial when criminal offence disclosed
201.
—(1)  Whenever the Public Prosecutor is of the opinion that a criminal offence is disclosed by the record and that further proceedings should be taken against the accused and that the evidence taken is sufficient to afford a foundation for a full and proper trial, he shall, by his fiat in writing signed by himself, designate the court, whether the High Court, a District Court or a Magistrate’s Court, before which the case shall be placed for trial and shall order the record of the case to be transmitted to the court so designated.
(2)  Such fiat shall be filed with and form part of the record of the case.
Procedure when court designated is High Court
202.
—(1)  If the court so designated is the High Court, the Public Prosecutor shall, with his fiat, send to the Magistrate’s Court a signed charge as required by section 123(7) which shall be annexed to and form part of the record.
(2)  The Magistrate’s Court shall forthwith serve a copy of that charge on the accused.
Procedure when court designated is not High Court
203.
—(1)  If the court so designated is other than the High Court, the accused and his sureties shall, if he is at large on bail, be served with a copy of the fiat and thereupon the bail of the accused shall be taken to refer to the court named in the fiat in the same manner as if that court had been the High Court.
(2)  If the accused is detained in prison, the court shall cause a copy of the fiat to be left with the officer in charge of the prison who shall make and deliver a copy of it to the accused and shall produce the prisoner for trial accordingly.
(3)  Any fiat made under this section shall be subject to any order made by the High Court under section 239.
Witnesses to be notified of change of court
204.
—(1)  If the court designated by the fiat of the Public Prosecutor for the trial of the accused is a court other than the High Court, that court shall cause notices to that effect to be served on the witnesses who have been bound over to appear and give evidence.
(2)  Thereupon the bail bond given by or for those witnesses shall be taken to refer to the court and time named in the notice in the same manner as if they had been bound over to appear and give evidence at that court and time, and the witnesses shall be legally bound to attend at the time appointed by that court for the trial of the case.
Public Prosecutor may issue subsequent fiat
205.  If the Public Prosecutor has by his fiat designated the High Court for the trial of the accused, he may nevertheless by subsequent fiat addressed to the High Court designate some other court for the trial, and sections 201(2), 203 and 204 shall then take effect as if the previous fiat had not been issued.
Public Prosecutor may alter or redraw charge
206.  Before ordering the record of the committal hearing to be forwarded to the court of trial, the Public Prosecutor shall, if it appears to him necessary or expedient to do so, alter or redraw the charge or frame an additional charge or additional charges against the accused having regard to the regulations made under this Code as to the form of charges.
Public Prosecutor may order proceedings before Magistrate’s Court to be transmitted to him
207.  Every Magistrate’s Court shall, whenever required to do so by the Public Prosecutor, immediately transmit to the Public Prosecutor the proceedings in any case in which a committal hearing has been or is being held before the Court and thereupon the hearing shall be suspended in the like manner as upon an adjournment of it.
Public Prosecutor may thereupon give instructions to Magistrate
208.
—(1)  The Public Prosecutor, upon the proceedings in any case being transmitted to him under section 207, may give such instructions with regard to the committal hearing to which those proceedings relate as he considers requisite, and thereupon the Magistrate shall carry into effect, subject to this Code, those instructions and shall conduct and conclude the committal hearing in accordance with the terms of those instructions.
(2)  The powers given to the Public Prosecutor by section 207 and this section shall be exercised only by him.
Division 4 — Non-compliance with certain requirements in Division 2
Consequences of non-compliance with certain requirements in Division 2
209.  The court may draw such inference as it thinks fit if —
(a)
the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 176(4) or 195(1), respectively; or
(b)
the prosecution or the defence puts forward a case at the trial which differs from or is otherwise inconsistent with the Case for the Prosecution or the Case for the Defence, respectively, that has been filed.
Division 5 — Transmission proceedings
Transmission of case to High Court
210.
—(1)  Whenever the Public Prosecutor is of the opinion that there is sufficient evidence to afford a foundation for a full and proper trial, he shall, by fiat in writing signed by himself, designate the High Court to try —
(a)
an offence specified in the Third Schedule; or
(b)
the offences referred to in section 175(4) for which an accused may be tried at the same trial in the High Court.
(2)  Upon receipt of the fiat referred to in subsection (1) together with the charge, the Magistrate’s Court shall cause the charge to be read and explained to the accused and thereafter —
(a)
transmit the case to the High Court for the purpose of trial; and
(b)
order that the accused shall be remanded in custody until and during the trial, unless he is released on bail.
Public Prosecutor may issue subsequent fiat
211.  If the Public Prosecutor has by his fiat designated the High Court for the trial of the accused, he may nevertheless by subsequent fiat addressed to the High Court designate a District Court or a Magistrate’s Court for the trial.
Procedure after case has been transmitted to High Court
212.
—(1)  After the case has been transmitted to the High Court, the accused and the prosecution shall, unless the Registrar of the Supreme Court for good reason directs otherwise, attend a first criminal case disclosure conference, not earlier than 4 weeks from the date of transmission as directed by the Registrar of the Supreme Court for the purpose of settling the following matters:
(a)
the filing of the Case for the Prosecution and the Case for the Defence;
(b)
any issues of fact or law which are to be tried by the trial judge at the trial proper;
(c)
the list of witnesses to be called by the parties to the trial;
(d)
the statements, documents or exhibits which are intended by the parties to be admitted at the trial; and
(e)
the trial date.
(2)  The Registrar of the Supreme Court must not make any order in relation to any matter referred to in subsection (1) in the absence of any party if the order is prejudicial to that party.
(3)  Where an accused informs the Registrar of the Supreme Court during any criminal case disclosure conference conducted under this Division that he intends to plead guilty to the charge, the Registrar must fix a date for his plea to be taken in accordance with Division 3 of Part XI.
When Case for the Prosecution is served
213.
—(1)  If, at the first criminal case disclosure conference held on the date referred to in section 212(1), or on such other date to which the first criminal case disclosure conference has been adjourned under section 238, the accused does not indicate that he wishes to plead guilty to the charge, the prosecution must file in the High Court the Case for the Prosecution and serve a copy of this on the accused and every co-accused claiming trial with him, if any, not later than 2 weeks from the date of the first criminal case disclosure conference or such date to which the first criminal case disclosure conference is adjourned.
(2)  Where at a criminal case disclosure conference, the accused indicates that he wishes to claim trial to more than one charge, the Case for the Prosecution to be served under subsection (1) shall only relate to those charges that the prosecution intends to proceed with at the trial.
(3)  The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference not earlier than 7 days from the date the Case for the Prosecution is to be filed under this section.
Contents of Case for the Prosecution
214.  The Case for the Prosecution must contain the following:
(a)
a copy of the charge which the prosecution intends to proceed with at the trial;
(b)
a list of the names of the witnesses for the prosecution;
(c)
a list of exhibits that are intended by the prosecution to be admitted at the trial;
(d)
the statements of the witnesses under section 264 that are intended by the prosecution to be admitted at the trial; and
(e)
any statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution.
When Case for the Defence is served
215.
—(1)  If, at the further criminal case disclosure conference held on the date referred to in section 213(3) or on such other date to which the further criminal case disclosure conference has been adjourned under section 238 —
(a)
the accused does not indicate that he wishes to plead guilty, the defence may file in the High Court the Case for the Defence and serve a copy on the prosecution and on every co-accused claiming trial with him, if any, not later than 2 weeks from the date of the further criminal case disclosure conference; or
(b)
the accused indicates that he does not wish to file the Case for the Defence, the Registrar of the Supreme Court may fix a date for trial in the High Court.
(2)  The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under this section and after the prosecution is to serve on the defence copies of the statements and records referred to in section 218(1).
Court to explain to unrepresented accused certain matters
216.  If, at the further criminal case disclosure conference held on the date referred to in section 215(1), the accused is not represented by an advocate, the Registrar of the Supreme Court must explain to him, in accordance with the prescribed form, what he may do under section 215(1)(a), the effect of section 218 and the consequences provided under section 221.
Contents of Case for the Defence
217.
—(1)  The Case for the Defence must contain —
(a)
a summary of the defence to the charge and the facts in support of the defence;
(b)
a list of the names of the witnesses for the defence;
(c)
a list of the exhibits that are intended by the defence to be admitted at the trial; and
(d)
if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —
(i)
a statement of the nature of the objection;
(ii)
the issue of fact on which evidence will be produced; and
(iii)
the points of law in support of such objection.
Illustration 1
A is charged with robbery. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim gave the items to A voluntarily) and any issue of law which A intends to rely on (for example, that A’s act did not amount to robbery as the elements of that offence were not made out, or that a general exception in Chapter IV of the Penal Code (Cap. 224) applied in this case).
Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of his statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements he intends to challenge and the facts that he intends to rely on to support his challenge.
(2)  Notwithstanding subsection (1), an accused who is not represented by an advocate need not state any —
(a)
objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or
(b)
point of law in support of any objection raised by the defence.
Time for service of other statements, etc.
218.
—(1)  After the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks from the date of service, serve on the accused or his advocate copies of —
(a)
all other statements given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial; and
(b)
criminal records, if any, of the accused, upon payment of the prescribed fee.
(2)  Where the Case for the Defence has not been served on the prosecution, the prosecution —
(a)
need not serve on the defence any statement or record referred to in subsection (1); and
(b)
may use any such statement or record at the trial.
Fixing dates for trial
219.  If, at the further criminal case disclosure conference held on the date referred to in section 215(2), the accused does not indicate that he wishes to plead guilty, the Registrar of the Supreme Court may fix a date for trial.
If co-accused charged subsequently
220.  If, subsequent to any criminal case disclosure conference held under this Division in relation to an accused, a co-accused is charged, the Registrar of the Supreme Court may do all or any of the following:
(a)
order the prosecution to serve on the co-accused the Case for the Prosecution in relation to the accused;
(b)
order the accused to serve on the co-accused his Case for the Defence, if any.
Division 6 — Non-compliance with certain requirements in Division 5
Consequences of non-compliance with certain requirements in Division 5
221.  The court may draw such inference as it thinks fit if —
(a)
the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 214 or 217(1), respectively; or
(b)
the prosecution or the defence puts forward a case at the trial which differs from or is otherwise inconsistent with the Case for the Prosecution or the Case for the Defence, respectively, that has been filed.