On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 24/08/2012.
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.
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 live 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 live 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 live television link, the evidence is to be regarded for the purposes of sections 193, 194, 195, 196, 205 and 209 of the Penal Code 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 live 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.