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.
Procedure for witness testimony - national proceedings
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