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Contents  

Long Title

Enacting Formula

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

SIXTH SCHEDULE Consequential and Related Amendments to Other Written Laws

 
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Division 2 — Admissibility of certain types of evidence
Admissibility of accused’s statements
258.
—(1)  Subject to subsections (2) and (3), where any person is charged with an offence, any statement made by the person, whether it is oral or in writing, made at any time, whether before or after the person is charged and whether or not in the course of any investigation carried out by any law enforcement agency, is admissible in evidence at his trial; and if that person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit.
(2)  Where a statement referred to in subsection (1) is made by any person to a police officer, no such statement shall be used in evidence if it is made to a police officer below the rank of sergeant.
(3)  The court shall refuse to admit the statement of an accused or allow it to be used in the manner referred to in subsection (1) if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the accused, proceeding from a person in authority and sufficient, in the opinion of the court, to give the accused grounds which would appear to him reasonable for supposing that by making the statement he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.
Explanation 1.—— If a statement is obtained from an accused by a person in authority who had acted in such a manner that his acts tend to sap and have in fact sapped the free will of the maker of the statement, and the court is of the opinion that such acts gave the accused grounds which would appear to the accused reasonable for supposing that by making the statement, he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him, such acts will amount to a threat, inducement or promise, as the case may be, which will render the statement inadmissible.
Explanations 2.—— If a statement is otherwise admissible, it will not be rendered inadmissible merely because it was made in any of the following circumstances:
(a)
under a promise of secrecy, or in consequence of a deception practised on the accused for the purpose of obtaining it;
(b)
when the accused was intoxicated;
(c)
in answer to questions which the accused need not have answered whatever may have been the form of those questions;
(d)
where the accused was not warned that he was not bound to make the statement and that evidence of it might be given against him; or
(e)
where the recording officer or the interpreter of an accused’s statement recorded under section 22 or 23 did not fully comply with that section.
(4)  If the statement referred to in subsection (3) is made after the impression caused by any such inducement, threat or promise referred to in that subsection has, in the opinion of the court, been fully removed, it shall be admissible.
(5)  When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the court may take into consideration the confession as against the other person as well as against the person who makes the confession.
Explanation— —“Offence” as used in this section includes the abetment of or attempt to commit the offence.
Illustrations
(a)
A and B are jointly tried for the murder of C. It is proved that A said “B and I murdered C”. The court may consider the effect of this confession as against B.
(b)
A is on trial for the murder of C. There is evidence to show that C was murdered by A and B and that B said “ A and I murdered C”. This statement may not be taken into consideration by the court against A as B is not being jointly tried.
(6)  Notwithstanding any other provision in this section —
(a)
where a person is charged with any offence in relation to the making or contents of any statement made by him to any officer of a law enforcement agency in the course of any investigation carried out by the agency, that statement may be used as evidence in the prosecution;
(b)
any statement made by the accused in the course of an identification parade may be used as evidence; and
(c)
when any fact or thing is discovered in consequence of information received from a person accused of any offence in the custody of any officer of a law enforcement agency, so much of such information as relates distinctly to the fact or thing thereby discovered may be proved.
(7)  In this section, “confession”, in relation to any person who is tried for an offence, means any statement made at any time by him stating or suggesting the inference that he committed that offence.
Witness’s statement inadmissible except in certain circumstances
259.
—(1)  Any statement made by a person other than the accused in the course of any investigation by any law enforcement agency is inadmissible in evidence, except where the statement —
(b)
is used for the purpose of impeaching his credit in the manner provided in section 157 of the Evidence Act;
(c)
is made admissible as evidence in any criminal proceeding by virtue of any other provisions in this Code or the Evidence Act or any other written law;
(d)
is made in the course of an identification parade; or
(e)
falls within section 32(a) of the Evidence Act.
(2)  Where any person is charged with any offence in relation to the making or contents of any statement made by him to an officer of a law enforcement agency in the course of an investigation carried out by that officer, that statement may be used as evidence in the prosecution.
Admissibility of report on first information made under section 14 or 15
260.
—(1)  In any proceeding under this Code, if a police officer of or above the rank of inspector certifies as a true copy a copy of a report received or recorded under section 14(2) or (3) or 15(1), or of a note made under section 14(5), the certified copy is admissible as evidence of the original information and of the date, time and place at which it was given.
(2)  A court may require to be shown the original report or note.
Inferences from accused’s silence
261.
—(1)  Where in any criminal proceeding evidence is given that the accused on being charged with an offence, or informed by a police officer or any other person charged with the duty of investigating offences that he may be prosecuted for an offence, failed to mention any fact which he subsequently relies on in his defence, being a fact which in the circumstances existing at the time he could reasonably have been expected to mention when so questioned, charged or informed, as the case may be, the court may in determining —
(a)
whether to commit the accused for trial;
(b)
whether there is a case to answer; and
(c)
whether the accused is guilty of the offence charged,
draw such inferences from the failure as appear proper; and the failure may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material.
(2)  Subsection (1) does not —
(a)
prejudice the admissibility in criminal proceedings of evidence of the silence or other reaction of the accused in the face of anything said in his presence relating to the conduct for which he is charged, in so far as evidence of this would be admissible apart from that subsection; or
(b)
preclude the drawing of any inference from any such silence or other reaction of the accused which could be drawn apart from that subsection.
Use of affidavits sworn by witnesses
262.
—(1)  Any affidavit made by a witness may be used in any criminal court, if it is sworn —
(a)
in Singapore, before any Judge, District Judge, Registrar, Deputy Registrar or Magistrate or before any commissioner for oaths appointed or deemed to have been appointed under the Supreme Court of Judicature Act (Cap. 322);
(b)
elsewhere in the Commonwealth before any judge, court, notary public or person lawfully authorised to administer oaths; or
(c)
in any other place, before any consul or vice-consul of Singapore, Malaysia or the United Kingdom.
(2)  The court shall take judicial notice of the seal or signature, as the case may be, of any judge, court, notary public, person, consul or vice-consul appended or subscribed to any affidavit.
Report of qualified persons
263.
—(1)  A document, including any exhibits and annexures identified in the document, which is presented as the report of a qualified person concerning a matter or thing duly submitted to him for examination, analysis or report, may be used as evidence in any criminal proceeding under this Code, and the qualified person need not be called as a witness unless the court or any of the parties requires that person to be examined orally or cross-examined on the report.
(2)  Qualified persons are by this Code bound to state the truth in their reports.
(3)  A report of a qualified person is admissible as prima facie evidence of the facts stated in it.
(4)  In this section, “qualified person” means a person specified by the Minister by notification in the Gazette for the purposes of this section.
Conditioned statements
264.
—(1)  Notwithstanding anything in this Code or in any other written law, a written statement made by any person is admissible as evidence in any criminal proceeding (other than a committal hearing held under Division 2 of Part X), to the same extent and to the same effect as oral evidence given 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;
(c)
before the hearing at which 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 proceedings;
(d)
before or during the hearing, the parties agree to the statement being tendered in evidence under this section; and
(e)
the court is satisfied that the accused is aware of this section or is represented by an advocate during the criminal proceeding.
(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 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 a copy of it.
(3)  Where in any criminal proceedings a written statement made by any person is admitted in evidence under this section —
(a)
the party by whom or on whose behalf a copy of the statement was served may call the person to give evidence; and
(b)
the court may, of its own motion or on the application of any party to the proceedings, require the person to attend before the court and give evidence.
(4)  So much of any statement as is admitted in evidence under this section must, unless the court otherwise directs, be read aloud at the hearing and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.
(5)  A document or 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.
When evidence of past possession of stolen property allowed
265.  Where proceedings are taken against a person for having received goods knowing them to be stolen or for having in his possession stolen property, evidence may be given at any stage of the proceedings that there was found in his possession other property stolen within the preceding 12 months; and such evidence may be taken into consideration when proving that the person knew that the property which is the subject of the proceedings was stolen.
When evidence of previous conviction allowed
266.
—(1)  Where —
(a)
proceedings are taken against a person for having received goods knowing them to be stolen or for having in his possession stolen property; and
(b)
evidence is given that the stolen property was found in his possession,
then, if he has been convicted of an offence involving fraud or dishonesty within the 5 years immediately preceding, evidence of that previous conviction may be given and may be taken into consideration when proving that the accused knew that the property in his possession was stolen.
(2)  The accused must be given at least 7 days’ written notice that proof will be given of the previous conviction under subsection (1).
(3)  For the purposes of subsection (1), the previous conviction of the accused need not be entered in the charge.
Proof by formal admission
267.
—(1)  Subject to this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the Public Prosecutor or the accused, and the admission by any party of any such fact under this section shall as against that party be conclusive evidence in those proceedings of the fact admitted.
(2)  An admission under this section —
(a)
may be made before or at the proceedings;
(b)
if made otherwise than in court, must be in writing;
(c)
if made in writing by an individual, must purport to be signed by the person making it and, if so made by a body corporate, limited liability partnership, partnership or unincorporated association, must purport to be signed by a duly authorised representative of that body corporate, limited liability partnership, partnership or unincorporated association, as the case may be;
(d)
if made on behalf of an accused who is an individual, must be made by his advocate; and
(e)
if made before the trial by an accused who is an individual, must be approved by his advocate before or at the proceedings in question.
(3)  An admission under this section for the purpose of proceedings relating to any matter shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter, including any appeal or retrial.
(4)  An admission under this section may with the leave of the court be withdrawn in the proceedings for which it is made or any subsequent criminal proceedings relating to the same matter.
Hearsay evidence admissible only under this Code or other law
268.  In any criminal proceedings, a statement other than one given orally in those proceedings is admissible as evidence of any fact stated therein to the extent that it is so admissible by this Code or any other written law.
Definitions, etc., for sections 270 to 277
269.
—(1)  In this section and in sections 270 to 277 —
“document” includes, in addition to a document in writing —
(a)
any map, plan, graph or drawing;
(b)
any photograph;
(c)
any disc, tape, sound-track, or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced from it; and
(d)
any film, negative, tape or other device in which one or more visual images are embodied so that they can be likewise reproduced from it;
“film” includes a microfilm.
(2)  In this section and in sections 270 to 277, a reference to a copy of a document includes —
(a)
in the case of a document falling within paragraph (c) but not paragraph (d) of the definition of “document”, a transcript of the sounds or other data embodied in it;
(b)
in the case of a document falling within paragraph (d) but not paragraph (c) of that definition, a reproduction or still reproduction of the image or images embodied in it, whether enlarged or not;
(c)
in the case of a document falling within paragraphs (c) and (d) of that definition, such a transcript together with such a still reproduction; and
(d)
in the case of a document not falling within paragraph (d) of that definition of which a visual image is embodied in a document falling within that paragraph, a reproduction of that image, whether enlarged or not,
and any reference to a copy of the material part of a document must be construed accordingly.
(3)  For the purposes of this section and of sections 270 to 277, a protest, greeting or other verbal utterance may be treated as stating any fact that the utterance implies.
Admissibility of out-of-court statements as evidence of facts stated
270.
—(1)  Subject to this section and section 271 and to the rules of law governing the admissibility of accused’s statements, any statement made, whether orally or in a document or otherwise, by a person is admissible as evidence in any criminal proceedings of any fact given in that statement of which direct oral evidence by him would be admissible if —
(a)
being compellable to give evidence on behalf of the party desiring to give the statement in evidence, he attends or is brought before the court, but refuses to be sworn or affirmed, or is sworn or affirmed but refuses to give any evidence; or
(b)
it is shown with respect to him —
(i)
that he is dead or is unfit because of his bodily or mental condition to attend as a witness;
(ii)
that despite reasonable efforts to locate him, he cannot be found whether within or outside Singapore;
(iii)
that he is outside Singapore and it is not practicable to secure his attendance; or
(iv)
that, being competent but not compellable to give evidence on behalf of the party desiring to give the statement in evidence, he refuses to do so.
(2)  Where a person makes an oral statement to or in the hearing of another person who, at the request of the maker of the statement, puts it (or the substance of it) into writing at the time or reasonably soon afterwards, thereby producing a corresponding statement in a document, the statement in the document shall be treated for the purposes of this section (and sections 271 and 273 so far as they have effect for the purposes of this section) as the statement of the maker of the oral statement.
Restrictions on admissibility of statements under section 270
271.
—(1)  A statement shall not be admissible in evidence in any criminal proceedings by virtue of section 270(1)(a) or (b)(ii), (iii) or (iv), if it was made after the commencement of investigations into the offence which is the subject-matter of the proceedings.
(2)  Subject to subsection (1), evidence under section 270(1)(b) may not be given on behalf of a party to the proceedings, unless —
(a)
that party has previously served a notice in writing on each of the other parties of his intention to introduce the evidence;
(b)
the notice complies with the requirements of subsection (3); and
(c)
the leave of the court is obtained.
(3)  The requirements referred to in subsection (2)(b) are as follows:
(a)
the notice must state on which of the grounds in section 270(1)(b) it is claimed that the statement is admissible;
(b)
in the case of a statement not made in a document, the notice must state the manner in which it was made (whether orally or otherwise), and must also state —
(i)
the time and place at which the statement was made;
(ii)
the name of the maker of the statement and (unless he is dead) his address, if known;
(iii)
the name and address of the person who heard or otherwise perceived the statement being made; and
(iv)
the substance of the statement or, if it was made orally and the actual words used in making it are material, the words used; and
(c)
in the case of a statement made in a document, the notice must contain or have attached to it a copy of that document, or of the relevant part of it, and must also state —
(i)
the matters mentioned in paragraph (b)(i) and (ii); and
(ii)
if the maker of the document is different from the maker of the statement, the name of the maker of the document and (unless he is dead) his address, if known,
if the information is not readily apparent from the document or the relevant part of the document.
Admissibility of certain records as evidence of facts stated
272.
—(1)  Without prejudice to section 35 of the Evidence Act (Cap. 97), in any criminal proceedings a statement in a document is, subject to this section, admissible as evidence of any fact stated in it of which direct oral evidence would be admissible if —
(a)
the document is, or forms part of, a record compiled by a person acting under a duty from information which —
(i)
was supplied by a person (whether acting under a duty or not) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in that information; and
(ii)
if not supplied by that person to the compiler of the record directly, was supplied by him to the compiler of the record indirectly through one or more intermediaries each acting under a duty; and
(b)
the person who originally supplied the information from which the record containing the statement was compiled satisfies the condition specified in subsection (2)(a) or (b) or any of the conditions specified in subsection (2)(c).
(2)  The conditions referred to in subsection (1)(b) are —
(a)
that the person in question has been or is to be called as a witness in the proceedings;
(b)
that the person in question, being compellable to give evidence on behalf of the party wishing to give the statement in evidence, attends or is brought before the court —
(i)
but refuses to be sworn or affirmed; or
(ii)
is sworn or affirmed but refuses to give any evidence; or
(c)
that it is shown with respect to the person in question —
(i)
that he is dead or is unfit by reason of his bodily or mental condition to attend as a witness;
(ii)
that despite reasonable efforts to locate him, he cannot be found whether within or outside Singapore;
(iii)
that he is outside Singapore and that it is not practicable to secure his attendance;
(iv)
that, being competent but not compellable to give evidence on behalf of the party desiring to give the statement in evidence, he refuses to do so; or
(v)
that, because of the time that has elapsed since he supplied the information and considering all the circumstances, he cannot reasonably be expected to remember the matters dealt with in the statement.
(3)  A statement shall not be admissible in evidence in any criminal proceedings by virtue of subsection (2)(b) or (c)(ii), (iii) or (iv) if the person who originally supplied the information from which the record containing the statement was compiled did so after the commencement of investigations into the offence which is the subject-matter of the proceedings.
(4)  Where a document setting out the evidence which a person could be expected to give as a witness has been prepared for the purpose of any pending or contemplated proceedings, whether civil or criminal, and that document falls within subsection (1)(a), then in any criminal proceedings in which that person has been or is to be called as a witness, a statement contained in that document shall not be given in evidence by virtue of subsection (2)(a) or (c)(v) without the leave of the court; and the court shall not give leave under this subsection in respect of any such statement unless it is of the opinion that, in the particular circumstances in which that leave is sought, it is in the interests of justice for the witness’s oral evidence to be supplemented by the reception of that statement or for the statement to be received as evidence of any matter about which he is unable or unwilling to give oral evidence.
(5)  A reference in this section to a person acting under a duty includes a reference to a person acting in the course of any trade, business, profession or other occupation in which he is engaged or employed for the purposes of any paid or unpaid office he holds.
Provisions supplementary to section 270 or 272
273.
—(1)  Where in criminal proceedings a statement in a document is admissible in evidence under section 270 or 272, it may be proved by the production of that document or (whether or not that document is still in existence) by the production of a copy of that document, or of the material part of it, authenticated in a manner approved by the court.
(2)  The court may, in deciding whether a statement is admissible in evidence under section 270 or 272, draw any reasonable inference from the circumstances in which the statement was made or otherwise came into being or from any other circumstances, including, in the case of a statement in a document, the form and contents of that document.
(3)  In estimating any weight to be attached to a statement admissible in evidence under section 270 or 272, the court must consider all the circumstances from which it might reasonably infer the accuracy of the statement, and in particular —
(a)
in the case of a statement falling within section 270(1), whether the statement was made at the same time as the stated facts occurred or existed, and whether the maker of the statement had any incentive to conceal or misrepresent the facts; and
(b)
in the case of a statement falling within section 272, whether the person who originally supplied the information from which the record containing the statement was compiled did so at the same time as the facts dealt with in that information occurred or existed, and whether that person, or any person concerned with compiling or keeping the record containing the statement, had any incentive to conceal or misrepresent the facts.
(4)  For the purpose of any rule of law or practice that requires evidence to be corroborated or that regulates the manner in which uncorroborated evidence is to be treated —
(a)
a statement that is admissible in evidence under section 270 is not capable of corroborating evidence given by the maker of the statement; and
(b)
a statement that is admissible in evidence under section 272 is not capable of corroborating evidence given by the person who originally supplied the information for the record containing the statement.
Admissibility of hearsay evidence by agreement of parties
274.
—(1)  As regards a statement in a document or made by a person in any other form than a document, if the parties to any criminal proceedings agree at a hearing that for the purpose of those proceedings the statement may be given in evidence, then, unless the court otherwise directs, the statement is admissible in those proceedings and in any proceedings arising out of them (including any appeal or retrial) as evidence of any fact stated therein.
(2)  An agreement under subsection (1) does not enable a statement to be given in evidence under this section on the prosecution’s behalf unless at the time the agreement is made the accused or any of the co-accused is represented by an advocate.
(3)  An agreement under subsection (1) shall be of no effect for the purpose of any proceedings before the High Court or any proceedings arising out of proceedings before the High Court if made during proceedings before an examining Magistrate conducting a committal hearing under Division 2 of Part X.
(4)  Where in any criminal proceedings a statement in a document is admissible under this section, it may be proved by the production of that document or (whether or not that document is still in existence) by the production of a copy of that document, or of the material part of it, authenticated in a manner approved by the court.
(5)  Where a statement is given in evidence under this section but might have become admissible in evidence under section 270 or 272, section 273(4) applies to it as if it were admissible under section 270 or 272, as the case may be.
Admissibility of evidence as to credibility of maker, etc., of statement admitted under certain provisions of this Part
275.
—(1)  Where in criminal proceedings a statement made by a person who is not called as a witness in those proceedings is given in evidence under section 270 —
(a)
any evidence which, if that person had been so called, would be admissible for the purpose of undermining or supporting that person’s credibility as a witness, is admissible for that purpose in those proceedings; and
(b)
as regards any matter which, if that person had been so called, could have been put to him in cross-examination for the purpose of undermining his credibility as a witness, being a matter of which, if he had denied it, evidence could not have been adduced by the cross-examining party, evidence of that matter may with the leave of the court be given for that purpose.
(2)  Where in criminal proceedings a statement made by a person who is not called as a witness in those proceedings is given in evidence under section 270, evidence tending to prove that, whether before or after he made that statement, he made another statement (orally, written or otherwise) inconsistent with the first-mentioned statement is admissible for the purpose of showing that he has contradicted himself.
(3)  Subsections (1) and (2) apply in relation to a statement given in evidence under section 272 as they apply to a statement given under section 270, except that references to the person who made the statement and to his making the statement must be read respectively as references to the person who originally supplied the information from which the record containing the statement was compiled and to his supplying that information.
(4)  Section 270(2) applies for the purposes of this section as it applies for the purposes of section 270.
Saving for exceptions to the rule against hearsay in Evidence Act
276.  This Part does not prejudice the admissibility in criminal proceedings of a statement that would, under the Evidence Act (Cap. 97) or any other law, be admissible as evidence of a fact stated therein.
Application of sections 270 to 275 to statements of opinion
277.
—(1)  Subject to this section, sections 270 to 275 apply to statements of opinion as they apply to statements of fact, subject to the necessary modifications and in particular the modification that a reference in those sections to a fact stated in a statement must be read as a reference to a matter dealt with in the statement.
(2)  Section 272, as applied by subsection (1), does not make admissible in criminal proceedings a statement of opinion in a record unless that statement would be admissible in those proceedings if made while giving oral evidence by the person who originally supplied the information from which the record was compiled; but where a statement of opinion in a record deals with a matter on which the person who originally supplied that information is (or if living would be) qualified to give oral expert evidence, section 272, as applied by subsection (1), has effect in relation to that statement as if so much of section 272(1) as requires personal knowledge on the part of that person were omitted.
(3)  Where a person is called as a witness in criminal proceedings, a statement of opinion by him on a relevant matter on which he is not qualified to give expert evidence, if made as a way of conveying relevant facts personally perceived by him, is admissible as evidence of what he perceived.
Notice of alibi
278.
—(1)  In any trial, the accused may not, without the leave of the court, offer evidence in support of an alibi unless he gives notice of particulars of the alibi.
(2)  Without prejudice to subsection (1), the accused may not call a witness to give such evidence without the leave of the court unless the following conditions apply:
(a)
the notice under subsection (1) includes the name and address of the witness or, if the accused does not know the name or address at the time he gives the notice, any information he has that might help find the witness;
(b)
if the name or the address is not included in that notice, the court is satisfied that the accused, before giving the notice, took and continued taking all reasonable steps to find out the name or address;
(c)
if the name or the address is not included in that notice, but the accused later discovers the name or address or receives other information that might help to find the witness, he immediately gives notice of the name, address or other information, as the case may be; and
(d)
if the accused is notified by, or on behalf of, the Public Prosecutor that the witness has not been traced by the name or at the address given, the accused gives notice immediately of the information he has or later receives.
(3)  Subject to any directions by the court as to the time it is to be given, evidence to disprove an alibi may be given before or after evidence in support of the alibi.
(4)  Unless the contrary is proved, a notice offered under this section on behalf of the accused by his advocate is regarded as having been given with the accused’s authority.
(5)  A notice under subsection (1) must either be given —
(a)
to the court when the accused is first charged in court in relation to the offence for which he is raising the defence of an alibi; or
(b)
in writing to the Public Prosecutor, or to the officer in charge of the prison where the accused is kept for him to forward to the Public Prosecutor, within 14 days from the date he is charged in court for the first time with the offence for which he is raising the defence of an alibi.
(6)  A notice under subsection (2)(c) or (d) must be given in writing to the Public Prosecutor.
(7)  A notice required by this section to be given to the Public Prosecutor may be delivered to him, or left at his office, or sent in a registered letter addressed to him at his office.
(8)  If the Public Prosecutor or any officer of a law enforcement agency interviews any witness who is named in a notice given under this section, the accused or his advocate is entitled to be present at the interview.
(9)  The court may not refuse leave under this section if no advocate appears to have been instructed to act for the accused at any time before his trial and if it is satisfied that the accused was unaware of the provisions of this section.
(10)  In this section, “evidence in support of an alibi” means evidence tending to show that because the accused was present at a place or in an area at a certain time he was not, or was unlikely to have been, at the place where the offence was committed at the relevant time.