On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 25/06/2010.
PART IX
PRE-TRIAL PROCEDURES IN THE SUBORDINATE COURTS
157. In this Part —
“Case for the Defence” means the document by that name referred to in section 165;
“Case for the Prosecution” means the document by that name referred to in section 162;
“co-accused” means any person who is to be tried jointly with an accused and to whom the criminal case disclosure procedures apply by virtue of section 159;
“court” means a Magistrate’s Court or a District Court, as the case may be;
“criminal case disclosure conference” means any conference held under Division 2 in respect of any offence to which the criminal case disclosure procedures apply by virtue of section 159;
“criminal case disclosure procedures” means the procedures under Division 2.
158. In a case to be tried in a Magistrate’s Court or District Court, the following provisions apply:
(a)
when an accused is first charged in the court for an offence, a charge must be framed, read and explained to him;
(b)
the accused must be asked whether he wishes to claim trial or plead guilty to the charge unless either party to the case applies for, and the court grants, an adjournment without the plea being recorded; and
(c)
if the accused, after he has been asked to plead —
(i)
pleads guilty to the charge, Division 3 of Part XI applies;
(ii)
refuses to plead or does not plead or claims trial to the charge, and the case is subject to the criminal case disclosure procedures by virtue of section 159, Division 2 applies; or
(iii)
refuses to plead or does not plead or claims trial to the charge, and the case is not subject to the criminal case disclosure procedures by virtue of section 159, Division 4 applies.
159.
—(1) Subject to subsection (2), the criminal case disclosure procedures shall apply to an offence which ––
(a)
is specified in the Second Schedule; and
(b)
is to be tried in a District Court.
(2) The criminal case disclosure procedures shall not apply if the accused, on or before the date of the first criminal case disclosure conference fixed by a court under section 161(1), or such other date to which the first criminal case disclosure conference is adjourned under section 238, informs the court that he does not wish to have the criminal case disclosure procedures apply.
(3) For any offence other than an offence referred to in subsection (1), the criminal case disclosure procedures shall not apply unless all parties consent to have the procedures apply.
160.
—(1) The prosecution and the accused shall attend a criminal case disclosure conference as directed by a court in accordance with this Division 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 the case to be admitted at the trial; and
(e)
the trial date.
(2) The Magistrate or District Judge who presides over a criminal case disclosure conference 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 claims trial, the Magistrate or District Judge who had presided over the criminal case disclosure conference in relation to the accused’s case must not conduct the trial.
(4) Where an accused informs the court during any criminal case disclosure conference conducted under this Division that he intends to plead guilty to the charge, the court must fix a date for his plea to be taken in accordance with Division 3 of Part XI.
161.
—(1) In a case where the criminal case disclosure procedures apply by virtue of section 159, and on the date the accused is asked by the court how he wishes to plead and the accused refuses to plead or does not plead or claims trial, the court must, unless there are good reasons, fix a first criminal case disclosure conference not earlier than 8 weeks from that date.
(2) If, at the first criminal case disclosure conference, or 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 court the Case for the Prosecution and serve a copy of this on the accused and every co-accused, 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.
(3) 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 (2) shall only relate to those charges that the prosecution intends to proceed with at the trial.
(4) The 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.
162. The Case for the Prosecution must contain —
(a)
the charge which the prosecution intends to proceed with at the trial;
(b)
a summary of the facts in support of the charge;
(c)
a list of the names of the witnesses for the prosecution;
(d)
a list of the exhibits 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.
Illustrations
(a)
A is charged with theft of a shirt from a shop. The summary of facts should state the facts in support of the charge, for example, that A was seen taking a shirt in the shop and putting it into his bag, and that A left the shop without paying for the shirt.
(b)
A is charged with conspiracy to cheat together with a known person and an unknown person. The summary of facts should state —
(i)
when and where the conspiracy took place; and
(ii)
who the known conspirators were and what they did.
(c)
A is charged with robbery and 3 separate statements, X, Y and Z were recorded from him by the police at 3 different time periods. If the prosecution intends to adduce in evidence as part of the Case for the Prosecution statement Y, but not statements X and Z, the Case for the Prosecution must contain the entire statement Y. The Case for the Prosecution need not contain statements X and Z.
163.
—(1) At the further criminal case disclosure conference held on the date referred to in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the accused does not indicate that he wishes to plead guilty, the defence must 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 further criminal case disclosure conference or such date to which the further criminal case disclosure conference is adjourned.
(2) The 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, exhibits and records referred to in section 166(1).
164. At the further criminal case disclosure conference held on the date referred to in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the accused is not represented by an advocate, the court must explain to him, in accordance with the prescribed form, the requirements of section 163(1), the effect of section 166 and the consequences provided under section 169(1).
165.
—(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.
166.
—(1) Where 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 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;
(b)
the documentary exhibits referred to in section 162(d); and
(c)
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 of the statements, exhibits or records referred to in subsection (1); and
(b)
may use any such statements, exhibits or records at the trial.
167. If, at the further criminal case disclosure conference held on the date referred to in section 163(2), the accused does not indicate that he wishes to plead guilty, the court may fix a date for trial.
168. 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 in relation to the accused;
(b)
order the accused to serve on the co-accused his Case for the Defence, if any.
169.
—(1) The court may draw such inference as it thinks fit if —
(a)
the prosecution fails to serve the Case for the Prosecution on the accused or the defence fails to serve the Case for the Defence after the Case for the Prosecution has been served on him;
(b)
the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 162 or 165(1), respectively; or
(c)
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.
(2) If the prosecution fails to serve the Case for the Prosecution in respect of any charge which the prosecution intends to proceed with at trial within the time permitted under section 161 or the Case for the Prosecution does not contain any or any part of the items specified in section 162, a court may order a discharge not amounting to an acquittal in relation to the charge.
170. In a case where the criminal case disclosure procedures do not apply by virtue of section 159, and on the date the accused is asked by the court how he wishes to plead and the accused refuses to plead or does not plead or claims trial, the court may —
(a)
proceed to try the accused immediately or on such date as the court directs; or
(b)
transfer the case to another court of equal jurisdiction for the case to be tried in accordance with Part XII at a later date.
171. In a case where the criminal case disclosure procedures do not apply by virtue of section 159, a court may, at any time, fix the date for and conduct a pre-trial conference to settle any administrative matter in relation to a trial.