PART XIV
EVIDENCE AND WITNESSES

Division 2 — Admissibility of certain types of evidence

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 —

(a) is admitted under section 147 of the Evidence Act (Cap. 97);

(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(1)(a) of the Evidence Act.

[4/2012]
(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.

PART XIV
EVIDENCE AND WITNESSES

Division 2 — Admissibility of certain types of evidence

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 proceeding 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 proceeding, 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 an object referred to as an exhibit and identified in a written statement given in evidence under this section must be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.

PART XIV
EVIDENCE AND WITNESSES

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 records of the court 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 records of the prison 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 records of the prison 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.