PART XIV
EVIDENCE AND WITNESSES
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 insubsection (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, an inducement or a 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 practiced on the accused for the purpose of obtaining it;
(aa) where the accused is informed in writing by a person in authority of the circumstances in section 33B of the Misuse of Drugs Act (Cap. 185) under which life imprisonment may be imposed in lieu of death;
[Act 30 of 2012 wef 01/01/2013]
(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 —
(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.
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 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.
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 in criminal proceedings
268. In any criminal proceedings, a statement is admissible as evidence of any fact stated therein to the extent that it is so admissible by this Code, the Evidence Act (Cap. 97), or any other written law.
[4/2012]
269. [Repealed by Act 4 of 2012 wef 01/08/2012]
270. [Repealed by Act 4 of 2012 wef 01/08/2012]
271. [Repealed by Act 4 of 2012 wef 01/08/2012]
272. [Repealed by Act 4 of 2012 wef 01/08/2012]
273. [Repealed by Act 4 of 2012 wef 01/08/2012]
274. [Repealed by Act 4 of 2012 wef 01/08/2012]
275. [Repealed by Act 4 of 2012 wef 01/08/2012]
276. [Repealed by Act 4 of 2012 wef 01/08/2012]
277. [Repealed by Act 4 of 2012 wef 01/08/2012]
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.
Admissibility of evidence - national proceedings
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