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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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PART XIV
EVIDENCE AND WITNESSES
Division 1 — Preliminary
Interpretation of this Part
257.  In this Part, “statement” includes any representation of fact, whether made in words or otherwise.
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.
Division 3 — Ancillary hearing
Procedure to determine admissibility of evidence
279.
—(1)  Subject to this Code and any other written law relating to the admissibility of evidence, where any party objects to the admissibility of any statement made by that party or any other evidence which the other party to the case intends to tender at any stage of the trial, the court must determine it separately at an ancillary hearing before continuing with the trial.
Illustrations
(a)
Evidence is to be given of a tape recording that is said to be of a conversation between X and Y. There is an objection that the tape has been tampered with. The court must hold an ancillary hearing to determine its admissibility.
(b)
X is accused of murdering Y and disposing of the body by dismembering it. The prosecution seeks to offer evidence that X was involved in the murder of Z where similar dismemberment was done. The defence objects to the admission of such evidence. The court must hold an ancillary hearing to determine the admissibility of the evidence.
(c)
The prosecution seeks to admit the statement of the accused. The accused alleges that the statement was given involuntarily as a result of a threat, inducement or promise. The court must hold an ancillary hearing to determine whether the statement was given voluntarily.
(d)
The prosecution seeks to admit a statement of the accused, who denies that he made it. No ancillary hearing is necessary as this does not relate to the voluntariness of the statement.
(e)
X is accused of murdering Y. Z, a good friend of X, testifies that X told him that he had murdered Y, which is denied by X. As Z is not a person in authority, no ancillary hearing is necessary as there is no issue of admissibility.
(2)  In an ancillary hearing, any evidence adduced shall be limited only to the ancillary issue.
(3)  The following procedure shall be complied with at an ancillary hearing:
(a)
the party seeking to admit the evidence shall produce his evidence on the ancillary issue;
(b)
the party must then examine his witnesses, if any, and each of them may in turn be cross-examined by the other party and every co-accused, as the case may be, after which the first party may re-examine them;
(c)
after the party has concluded his case, the court shall call on the other party to present his evidence;
(d)
when the other party is called on to present his evidence, the other party shall examine his witnesses, if any, and each of them may in turn be cross-examined by the first party and every co-accused, as the case may be, after which they may be re-examined;
(e)
an accused may apply to the court to issue process for compelling the attendance of any witness and the production of any exhibit in court, whether or not the witness has previously been examined in the case, for the purpose of examination or cross-examination;
(f)
the court must issue process unless it considers that the application made under paragraph (e) should be refused because it is frivolous or vexatious or made to delay or frustrate justice and in such a case the court must record the reasons for the order;
(g)
before summoning any witness pursuant to an application under paragraph (e), the court may require that the reasonable expenses incurred by the witness in attending the trial be deposited in court by the defence;
(h)
at the close of the other party’s case, whether or not evidence has been adduced in accordance with section 283, the first party shall have the right to call a person as a witness or recall and re-examine a person already examined, for the purpose of rebuttal, and such witness may be cross-examined by the other party and every co-accused, after which the first party may re-examine him;
(i)
at the close of the other party’s case, the first party may sum up his case;
(j)
the first party shall have the final right of reply on the whole case;
(k)
before proceeding with the main trial, the court must make a ruling on the admissibility of the statement or the other evidence which has been objected to by any party to the proceedings.
(4)  Where a witness, other than an accused, is giving evidence for the prosecution or the defence, the court may, on the application of either party, interpose that witness with any other witness if the court is of the view that there are good reasons to do so.
(5)  If any evidence has been given in any ancillary hearing relating to the statement or the other evidence which has been objected to by any party to the proceedings, any such evidence which is relevant for the purposes of the main trial shall be admissible without the need to recall any of the witnesses to give evidence.
(6)  The court may, in the interests of justice, allow any witness who has testified at the ancillary hearing to be recalled during the trial for examination or cross-examination by the prosecution or the defence, as the case may be.
(7)  If the court, after hearing evidence in the main trial, is doubtful about the correctness of its earlier decision whether or not to admit the evidence at the ancillary hearing, it may call on the prosecution and the defence to make further submissions.
(8)  If the court, after hearing any submissions, decides to reverse its earlier decision in admitting the evidence, it shall disregard such evidence when determining whether or not to call for the defence or when determining the guilt or otherwise of the accused.
(9)  If the court, after hearing any submissions, decides to reverse its earlier decision in not admitting the evidence, such evidence may be admitted in court for the purpose of determining whether or not to call for the defence or when determining the guilt or otherwise of the accused.
Division 4 — Special provisions relating to
recording of evidence
Power of Magistrate to record statements
280.
—(1)  A Magistrate may record a statement made to him at any time before a trial begins.
(2)  The statement must be recorded in full, and a question asked by the Magistrate and the answer given to him must be clearly shown as being a question and answer.
(3)  The Magistrate must not record the statement if, on questioning the person making it, he does not believe it was made voluntarily.
(4)  The Magistrate must make a note at the foot of this record as follows:
  “I believe that this statement was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it. The maker of the statement has admitted that it is correct and contains a full and true account of what he/she said.
 
(Signed)
A.B.
Magistrate”.
(5)  If the person making the statement does not understand English, the proceedings must be interpreted for him in his own language or in a language he understands, and the note referred to in subsection (4) must be signed by the Magistrate and by the interpreter.
(6)  Taking and recording a statement disqualifies the Magistrate who has taken and recorded it from trying the case.
(7)  If an accused’s confession recorded under this section is presented to a court as evidence, but the court finds that the Magistrate recording the statement did not fully comply with this section, it must take evidence as to whether the accused duly made the statement recorded and, if it is satisfied of that, it must admit the statement in evidence if the error has not prejudiced the accused’s defence on the merits.
Evidence through video or television links
281.
—(1)  Notwithstanding any provision of this Code or of any other written law, but subject to the provisions of this section, the court may allow the evidence of a person in Singapore (except the accused) to be given through a live video or live television link in any trial, inquiry, appeal or other proceedings if —
(a)
the witness is below the age of 16 years;
(b)
the offence charged is an offence specified in subsection (2);
(c)
the court is satisfied that it is in the interests of justice to do so; or
(d)
the Minister certifies that it is in the public interest to do so.
(2)  The offences for the purposes of subsection (1)(b) are —
(a)
an offence that involves an assault on or injury or a threat of injury to persons, including an offence under sections 319 to 338 of the Penal Code (Cap. 224);
(b)
an offence under Part II of the Children and Young Persons Act (Cap. 38) (relating to protection of children and young persons);
(c)
(d)
an offence under Part XI of the Women’s Charter (Cap. 353) (relating to offences against women and girls); and
(e)
any other offence that the Minister may, after consulting the Chief Justice, prescribe.
(3)  Notwithstanding any provision of this Code or of any other written law, the court may order an accused to appear before it through a live video or live television link while in remand in Singapore in proceedings for any of the following matters:
(a)
an application for bail or release on personal bond at any time after an accused is first produced before a Magistrate pursuant to Article 9(4) of the Constitution;
(b)
an extension of the remand of an accused under section 238; and
(c)
any other matters that the Minister may, after consulting the Chief Justice, prescribe.
(4)  Notwithstanding any provision of this Code or of any other written law but subject to subsection (5), an accused who is not a juvenile may appear before the court through a live video or live television link while in remand in Singapore in proceedings for an application for remand or for bail or for release on personal bond when he is first produced before a Magistrate pursuant to Article 9(4) of the Constitution.
(5)  A court may, if it considers it necessary, either on its own motion or on the application of an accused, require an accused to be produced in person before it in proceedings referred to in subsection (4).
(6)  In exercising its powers under subsection (1), (3) or (4), the court may make an order on all or any of the following matters:
(a)
the persons who may be present at the place with the witness;
(b)
that a person be kept away from the place while the witness is giving evidence;
(c)
the persons in the courtroom who must be able to be heard, or seen and heard, by the witness and by the persons with the witness;
(d)
the persons in the courtroom who must not be able to be heard, or seen and heard, by the witness and by the persons with the witness;
(e)
the persons in the courtroom who must be able to see and hear the witness and the persons with the witness;
(f)
the stages in the proceedings during which a specified part of the order is to apply;
(g)
the method of operation of the live video or television link system including compliance with such minimum technical standards as may be determined by the Chief Justice;
(h)
any other order that the court considers necessary in the interests of justice.
(7)  The court may revoke, suspend or vary an order made under this section if —
(a)
the live video or television link system stops working and it would cause unreasonable delay to wait until a working system becomes available;
(b)
it is necessary for the court to do so to comply with its duty to ensure fairness in the proceedings;
(c)
it is necessary for the court to do so in order that the witness can identify a person or a thing or so that the witness can participate in or view a demonstration or an experiment;
(d)
it is necessary for the court to do so because part of the proceedings is being heard outside a courtroom; or
(e)
there has been a material change in the circumstances after the court has made the order.
(8)  The court must not make an order under this section, or include a particular provision in such an order, if to do so would be inconsistent with its duty to ensure that the proceedings are conducted fairly to all parties.
(9)  An order made under this section does not cease to apply merely because the person in respect of whom it was made reaches the age of 16 years before the proceedings in which it was made are finally concluded.
(10)  When a witness gives evidence in proceedings through a live video or television link, the evidence is to be regarded for the purposes of sections 193, 194, 195, 196, 205 and 209 of the Penal Code (Cap. 224) as having been given in those proceedings.
(11)  If a witness gives evidence in accordance with this section, for the purposes of this Code and the Evidence Act (Cap. 97), he is regarded as giving evidence in the presence of the court and the accused, as the case may be.
(12)  In subsections (6), (10) and (11), a reference to “witness” includes a reference to an accused who appears before a court through a live video or television link under subsection (3) or (4).
(13)  The Chief Justice may make such rules as appear to him to be necessary or expedient to give effect to this section and for prescribing anything that may be prescribed under this section.
Division 5 — Witnesses
Attendance of prisoner as witness
282.
—(1)  Where the presence of any person detained in a prison in Singapore is required in any court, that court may issue a warrant addressed to the officer in charge of the prison requiring him to produce that person before the court in proper custody at the time and place named in the warrant and from time to time if the hearing is adjourned.
(2)  The officer in charge of the prison must have the person named in the warrant brought to court as directed and must arrange for his safe custody during his absence from prison.
(3)  A warrant must bear the seal of the court and be signed by the Registrar of the Supreme Court, Registrar of the Subordinate Courts, District Judge or Magistrate, as the case may be.
Power of court to summon and examine persons
283.
—(1)  A court may, on its own motion or on the application of the prosecution or the defence, at the close of the case for the defence, or at the end of any proceeding under this Code, summon a person as a witness or examine a person in attendance as a witness, whether or not summoned, or recall and re-examine a person already examined.
(2)  The court must summon and examine or recall and re-examine such a person if it thinks his evidence is essential to making a just decision in the case.
(3)  The exercise by a court of its power under subsection (1) is not a ground for appeal, or for revision, unless the appellant, or the applicant, as the case may be, shows that the examination has led to a failure of justice.
When person bound to give evidence intends to leave Singapore
284.
—(1)  If a court is satisfied that any witness subject to a bond or is otherwise bound or about to be bound to give evidence in a trial intends to leave Singapore and that the ends of justice would probably be defeated if that person were not present at the trial to give evidence, it may, upon the application of the Public Prosecutor or accused, commit that person to prison until the trial or until he gives satisfactory security that he will give evidence at the trial, or complies with any other conditions that may be imposed by the court.
(2)  Before making the order, the court must be satisfied that the party making the application has made adequate provision for the person’s maintenance and for compensating him for his detention and loss of time.
Recording of evidence
285.  Except as otherwise expressly provided, in proceedings under this Code, the evidence of the witnesses must be recorded in the manner set down by this Part.
Manner of recording evidence
286.
—(1)  The evidence given in any proceeding under this Code must be recorded by the court in writing or in any other suitable form of recording that can reduce the evidence to a readable form.
(2)  Evidence recorded in writing or, if it is not recorded in writing, the transcript of the evidence recorded, must be in English and signed by the judge hearing the case; and shall form part of the record.
(3)  Evidence recorded under this section may be taken down in the form of question and answer or in the form of a narrative, as the court thinks fit.
Reading over evidence and correction
287.
—(1)  The evidence of each witness taken in committal hearings under Division 2 of Part X shall be read over to him and shall, after correction if necessary, be signed by him.
(2)  If the witness denies the correctness of any part of the evidence when it is read over to him, the Magistrate may, instead of correcting the evidence, make a memorandum on it of the objection made to it by the witness and shall add such remarks as the Magistrate thinks necessary.
(3)  If the witness does not understand English the evidence so taken down shall be interpreted for him in the language in which it was given or in a language which he understands.
(4)  The substance of any correction made and of any memorandum made by the Magistrate shall be explained to the accused.
Interpretation of evidence to accused
288.
—(1)  Where evidence is given in a language not understood by the accused and he is present in person, it must be interpreted for him immediately in a language which the court is satisfied he understands.
(2)  Where documents are put in for the purpose of formal proof, the court may choose to interpret for the accused as much of them as appears necessary.
Remarks as to demeanour of witness
289.  During or after the recording of the evidence in the course of any proceeding under this Code, the court hearing the proceeding may record any remarks that it thinks material about the demeanour of the witness while under examination.
How previous conviction or acquittal may be proved
290.
—(1)  In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal or any order of court relevant to the case may be proved, in addition to any other way provided by law —
(a)
by an extract certified to be a copy of the sentence or order by the officer who has custody of the court records in which that conviction, acquittal or order was carried out, whether in Singapore or elsewhere; or
(b)
alternatively —
(i)
in the case of a previous conviction in Singapore, either by a certificate signed by the officer who has custody of the prison records in Singapore in which the punishment or any part of it was inflicted, or by production of the warrant of commitment under which the punishment was suffered; or
(ii)
in the case of a previous conviction elsewhere, either by a certificate signed by the officer in charge of the prisons in that place in which the punishment or any part of it was inflicted, or by production of the warrant of commitment under which the punishment was suffered,
together with evidence as to the identity of the accused and the person so convicted or acquitted or against whom the order was made.
(2)  The certificate referred to in subsection (1)(b) purporting to be signed by the officer who has custody of the prison records in Singapore or elsewhere shall be admitted in evidence on its production by the prosecution without proof of signature and, until the contrary is proved, shall be proof of all matters contained therein.
Accused not to give evidence except on oath or affirmation
291.
—(1)  In all criminal proceedings except a committal hearing, the accused may not give evidence except on oath or affirmation, and if he does so, he is liable to cross-examination.
(2)  An accused who is not represented by an advocate has the right to address the court without being sworn or affirmed in circumstances where, if he were so represented, the advocate could address the court on his behalf.
(3)  If an accused —
(a)
after being called by the court to give evidence or after he or the advocate representing him has informed the court that he will give evidence, refuses to be sworn or affirmed; or
(b)
having been sworn or affirmed, without good cause refuses to answer any question,
the court, in deciding whether the accused is guilty of the offence, may draw such inferences from the refusal as appear proper.
(4)  This section does not compel the accused to give evidence on his own behalf, and he will not be guilty of contempt of court if he refuses to be sworn or affirmed in the circumstances of subsection (3)(a).
(5)  For the purposes of this section, an accused who, having been sworn or affirmed, refuses to answer a question shall be taken to do so without good cause unless —
(a)
he is entitled to refuse to answer by section 122(4) of the Evidence Act (Cap. 97) or another written law or on the ground of privilege; or
(b)
the court excuses him from answering it.
(6)  Subsection (3) does not apply to an accused if it appears to the court that his physical or mental condition makes it undesirable for him to be called on to give evidence.
Procedure when accused does not understand proceedings
292.
—(1)  If an accused, though not of unsound mind, cannot understand or be made to understand the proceedings, the court may proceed with the committal hearing or trial.
(2)  For all courts other than the High Court, if the committal hearing results in a committal to stand trial in the High Court or if the trial results in a conviction, then the court must forward the proceedings to the High Court with a report of the circumstances of the case and the High Court must make such order or pass such sentence as it thinks fit.
Record of evidence in absence of accused
293.
—(1)  If it is proved that an accused has absented himself so that there is no immediate prospect of arresting him, the court competent to try the accused may, in his absence, examine any witnesses produced on the prosecution’s behalf and record their depositions.
(2)  These depositions may, on the arrest of the accused, be given in evidence against him at the committal hearing or trial for the relevant offence, if the deponent is dead or incapable of giving evidence or his attendance cannot be procured without unreasonable delay, expense or inconvenience.
(3)  If it appears that an offence punishable with death or with imprisonment for life has been committed by some person or persons unknown, a Magistrate’s Court may hold an inquiry and examine any witnesses who can give evidence concerning the offence.
(4)  Any deposition so taken under subsection (3) may be given in evidence against any person who is subsequently accused of the offence if the deponent is dead or incapable of giving evidence or is outside Singapore.
Procedure when prospective witness is ill
294.
—(1)  Where it appears to a Magistrate that a person able to give material evidence for the prosecution or defence concerning any offence is so dangerously ill that it is not practicable to take his evidence according to the usual course of law, any Magistrate may take the deposition of that person provided that reasonable notice has been given to the prosecutor and the accused of his intention to take it and of when and where he intends to take it.
(2)  If the accused is in custody, a Judge or a Magistrate may order the officer in charge of the prison to, and the officer must, take the accused to the place and at the time notified.
(3)  Where it is proved at the trial of the accused that the deponent is dead, or that he cannot attend for any sufficient reason, the deposition may be read even though the accused was absent when it was taken if the court trying the case is satisfied that —
(a)
the deponent was at the time of his examination so dangerously ill as mentioned in subsection (1);
(b)
the deposition was duly taken at the place and time notified; and
(c)
reasonable notice of the intention to take it was given to the person against whom it is tendered in evidence so that he or his advocate might have been present and might have had, if he had chosen to be present, full opportunity of cross-examination.
Taking of evidence before trial
295.
—(1)  Subject to subsection (2), where an application is made by the Public Prosecutor or the accused to a court for the evidence of a witness to be taken at any time before the date on which a criminal matter is fixed for trial, the court shall take the evidence of the witness appearing before it.
(2)  An application under subsection (1) can only be made if it is shown with respect to the witness that it is not reasonably practicable to secure his attendance at the time fixed for the trial.
(3)  The proceeding under this section must be conducted in the presence of the accused and co-accused, if any.
(4)  The witness called by a party to give evidence in the proceeding under this section may be cross-examined by any other party to the proceeding, after which the witness may be re-examined by the party calling him to give evidence.
(5)  Any statement of a witness taken in proceedings under this section may be given in evidence in any trial under this Code (whether or not by the same judge hearing the proceedings) although the person is not called as a witness.
Deposition of medical witness
296.  If the court is satisfied that grave inconvenience would otherwise be caused, it may, if it thinks fit, allow the deposition of a medical officer of the Government or other medical witness taken and attested by a Magistrate in the presence of the accused to be given in evidence in any trial under this Code, although the deponent is not called as a witness.
Deposition of certain other witnesses
297.  Whenever at a committal hearing the evidence of any witness has been taken for the purpose of proving the custody or disposal of any matter or thing forwarded in the course of the inquiry to any public officer for examination or analysis or report, or of proving the custody or disposal of any instrument, weapon, matter or thing used in or for the commission of any offence, or of proving the accuracy of any plan or survey made or photograph taken by that witness for the purpose of the case, the High Court may, if it thinks fit, allow the deposition of that witness, taken and attested by an examining Magistrate in the presence of the accused to be given in evidence in any trial before the High Court although the deponent is not called as a witness.