Transmission of case to General Division of High Court
210.—(1) Where the Public Prosecutor is of the opinion that an offence must or ought to be tried in the General Division of the High Court, the Public Prosecutor must, by fiat in writing signed by the Public Prosecutor, designate the General Division of the High Court to try the offence.[19/2018; 40/2019]
(2) Upon receipt of the fiat mentioned in subsection (1) together with the charge, the Magistrate’s Court must cause the charge to be read and explained to the accused and thereafter —(a)
transmit the case to the General Division of the High Court for the purpose of trial; and
(b)
order that the accused be remanded in custody until and during the trial, unless the accused is released on bail.[40/2019]
(3) To avoid doubt, a Magistrate’s Court can continue to exercise powers under Division 5 of Part 6 in relation to a case that has been transmitted under subsection (2) to the General Division of the High Court for the purpose of trial.[19/2018; 40/2019]
—(1) Where the Public Prosecutor is of the opinion that an offence must or ought to be tried in the General Division of the High Court, the Public Prosecutor must, by fiat in writing signed by the Public Prosecutor, designate the General Division of the High Court to try the offence.[19/2018; 40/2019]
(2) Upon receipt of the fiat mentioned in subsection (1) together with the charge, the Magistrate’s Court must cause the charge to be read and explained to the accused and thereafter —(a)
transmit the case to the General Division of the High Court for the purpose of trial; and
(b)
order that the accused be remanded in custody until and during the trial, unless the accused is released on bail.[40/2019]
(3) To avoid doubt, a Magistrate’s Court can continue to exercise powers under Division 5 of Part 6 in relation to a case that has been transmitted under subsection (2) to the General Division of the High Court for the purpose of trial.[19/2018; 40/2019]
Public Prosecutor may issue subsequent fiat
211. If the Public Prosecutor has by his or her fiat designated the General Division of the High Court for the trial of the accused, the Public Prosecutor may nevertheless by subsequent fiat addressed to the General Division of the High Court designate a District Court or a Magistrate’s Court for the trial.[40/2019]
When criminal case disclosure procedures apply
211A.—(1) The criminal case disclosure procedures in this Division apply to any offence —(a)
that must be tried in the General Division of the High Court; or
(b)
that —(i)
is set out in a written law specified in the Second Schedule; and
(ii)
the Public Prosecutor designates the General Division of the High Court to try.[19/2018; 40/2019]
(2) The criminal case disclosure procedures in this Division also apply to any offence that is to be tried in the General Division of the High Court, but is not mentioned in subsection (1), if all parties consent to have those procedures apply to that offence.[19/2018; 40/2019]
—(1) The criminal case disclosure procedures in this Division apply to any offence —(a)
that must be tried in the General Division of the High Court; or
(b)
that —(i)
is set out in a written law specified in the Second Schedule; and
(ii)
the Public Prosecutor designates the General Division of the High Court to try.[19/2018; 40/2019]
(2) The criminal case disclosure procedures in this Division also apply to any offence that is to be tried in the General Division of the High Court, but is not mentioned in subsection (1), if all parties consent to have those procedures apply to that offence.[19/2018; 40/2019]
Procedure after case has been transmitted to General Division of High Court
212.—(1) Where the criminal case disclosure procedures in this Division apply by virtue of section 211A, after the case has been transmitted to the General Division of the High Court, the prosecution and the defence must, unless the Registrar of the Supreme Court for good reason directs otherwise, attend a first criminal case disclosure conference, not earlier than 4 weeks from the date of transmission as directed by the Registrar of the Supreme Court for the purpose of settling the following matters:(a)
the filing of the Case for the Prosecution and the Case for the Defence;
(b)
any issues of fact or law which are to be tried by the trial judge at the trial proper;
(c)
the list of witnesses to be called by the parties to the trial;
(d)
the statements, documents or exhibits which are intended by the parties to be admitted at the trial;
(e)
the trial date.[19/2018; 40/2019]
(2) The Registrar of the Supreme Court must not make any order in relation to any matter mentioned in subsection (1) in the absence of any party if the order is prejudicial to that party.
(3) Where the defence informs the Registrar of the Supreme Court during any criminal case disclosure conference conducted under this Division that the accused intends to plead guilty to the charge, the Registrar must fix a date for the accused’s plea to be taken in accordance with Division 3 of Part 11.[19/2018]
—(1) Where the criminal case disclosure procedures in this Division apply by virtue of section 211A, after the case has been transmitted to the General Division of the High Court, the prosecution and the defence must, unless the Registrar of the Supreme Court for good reason directs otherwise, attend a first criminal case disclosure conference, not earlier than 4 weeks from the date of transmission as directed by the Registrar of the Supreme Court for the purpose of settling the following matters:(a)
the filing of the Case for the Prosecution and the Case for the Defence;
(b)
any issues of fact or law which are to be tried by the trial judge at the trial proper;
(c)
the list of witnesses to be called by the parties to the trial;
(d)
the statements, documents or exhibits which are intended by the parties to be admitted at the trial;
(e)
the trial date.[19/2018; 40/2019]
(2) The Registrar of the Supreme Court must not make any order in relation to any matter mentioned in subsection (1) in the absence of any party if the order is prejudicial to that party.
(3) Where the defence informs the Registrar of the Supreme Court during any criminal case disclosure conference conducted under this Division that the accused intends to plead guilty to the charge, the Registrar must fix a date for the accused’s plea to be taken in accordance with Division 3 of Part 11.[19/2018]
When Case for the Prosecution is served
213.—(1) If, at the first criminal case disclosure conference held on the date referred to in section 212(1), or on such other date to which the first criminal case disclosure conference has been adjourned under section 238, the defence does not indicate that the accused wishes to plead guilty to the charge, the prosecution must file in the General Division of the High Court the Case for the Prosecution and serve a copy of this on the accused and every co‑accused claiming trial with the accused (if any) not later than 2 weeks from the date of the first criminal case disclosure conference or such date to which the first criminal case disclosure conference is adjourned.[19/2018; 40/2019]
(2) Where at a criminal case disclosure conference, the defence indicates that the accused wishes to claim trial to more than one charge, the Case for the Prosecution to be served under subsection (1) shall only relate to those charges that the prosecution intends to proceed with at the trial.[19/2018]
(3) The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference not earlier than 7 days from the date the Case for the Prosecution is to be filed under this section.
—(1) If, at the first criminal case disclosure conference held on the date referred to in section 212(1), or on such other date to which the first criminal case disclosure conference has been adjourned under section 238, the defence does not indicate that the accused wishes to plead guilty to the charge, the prosecution must file in the General Division of the High Court the Case for the Prosecution and serve a copy of this on the accused and every co‑accused claiming trial with the accused (if any) not later than 2 weeks from the date of the first criminal case disclosure conference or such date to which the first criminal case disclosure conference is adjourned.[19/2018; 40/2019]
(2) Where at a criminal case disclosure conference, the defence indicates that the accused wishes to claim trial to more than one charge, the Case for the Prosecution to be served under subsection (1) shall only relate to those charges that the prosecution intends to proceed with at the trial.[19/2018]
(3) The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference not earlier than 7 days from the date the Case for the Prosecution is to be filed under this section.
Contents of Case for the Prosecution
214.—(1) The Case for the Prosecution must contain the following:(a)
a copy of the charge which the prosecution intends to proceed with at the trial;
(aa)
a summary of the facts in support of the charge;[Act 5 of 2024 wef 14/02/2025]
(b)
a list of the names of the witnesses for the prosecution;
(c)
a list of exhibits that are intended by the prosecution to be admitted at the trial;
(d)
the statements of the witnesses under section 264 that are intended by the prosecution to be admitted at the trial;
(e)
any written statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution;
(f)
a list of every statement, made by the accused at any time to an officer of a law enforcement agency under any law, that is recorded in the form of an audiovisual recording, and that the prosecution intends to adduce in evidence as part of the case for the prosecution;
(g)
for every statement mentioned in paragraph (f), a transcript (if any) of the audiovisual recording of that statement.[19/2018]
(2) Where the Case for the Prosecution has been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(f) at a police station or at any other prescribed place.[19/2018]
—(1) The Case for the Prosecution must contain the following:(a)
a copy of the charge which the prosecution intends to proceed with at the trial;
(aa)
a summary of the facts in support of the charge;[Act 5 of 2024 wef 14/02/2025]
(b)
a list of the names of the witnesses for the prosecution;
(c)
a list of exhibits that are intended by the prosecution to be admitted at the trial;
(d)
the statements of the witnesses under section 264 that are intended by the prosecution to be admitted at the trial;
(e)
any written statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution;
(f)
a list of every statement, made by the accused at any time to an officer of a law enforcement agency under any law, that is recorded in the form of an audiovisual recording, and that the prosecution intends to adduce in evidence as part of the case for the prosecution;
(g)
for every statement mentioned in paragraph (f), a transcript (if any) of the audiovisual recording of that statement.[19/2018]
(2) Where the Case for the Prosecution has been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(f) at a police station or at any other prescribed place.[19/2018]
When Case for the Defence is served
215.—(1) If, at the further criminal case disclosure conference held on the date referred to in section 213(3) or on such other date to which the further criminal case disclosure conference has been adjourned under section 238, the defence does not indicate that the accused wishes to plead guilty, the defence must, not later than 2 weeks after the date of the further criminal case disclosure conference —(a)
file in the General Division of the High Court the Case for the Defence; and
(b)
serve a copy of the Case for the Defence on the prosecution and on every co‑accused claiming trial with the accused, if any.[Act 5 of 2024 wef 14/02/2025]
(2) The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under this section and after the prosecution is to serve on the defence copies of the statements and records mentioned in section 218(1).
(3) If the defence does not file in court the Case for the Defence, or does not serve the Case for the Defence, as required under subsection (1) —(a)
the accused may be cross‑examined on why the Case for the Defence was not filed or served, as the case may be; and
(b)
the court may consider the accused’s evidence under the cross‑examination and draw such inference as it thinks fit under section 221(1)(a) or (b).[Act 5 of 2024 wef 14/02/2025]
—(1) If, at the further criminal case disclosure conference held on the date referred to in section 213(3) or on such other date to which the further criminal case disclosure conference has been adjourned under section 238, the defence does not indicate that the accused wishes to plead guilty, the defence must, not later than 2 weeks after the date of the further criminal case disclosure conference —(a)
file in the General Division of the High Court the Case for the Defence; and
(b)
serve a copy of the Case for the Defence on the prosecution and on every co‑accused claiming trial with the accused, if any.[Act 5 of 2024 wef 14/02/2025]
(2) The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under this section and after the prosecution is to serve on the defence copies of the statements and records mentioned in section 218(1).
(3) If the defence does not file in court the Case for the Defence, or does not serve the Case for the Defence, as required under subsection (1) —(a)
the accused may be cross‑examined on why the Case for the Defence was not filed or served, as the case may be; and
(b)
the court may consider the accused’s evidence under the cross‑examination and draw such inference as it thinks fit under section 221(1)(a) or (b).[Act 5 of 2024 wef 14/02/2025]
Court to explain to unrepresented accused certain matters
216. If, at the further criminal case disclosure conference held on the date mentioned in section 215(1), the accused is not represented by an advocate, the Registrar of the Supreme Court must explain to the accused, in accordance with the prescribed form, the requirements under section 215(1), the effect of section 218 and the consequences provided under section 221.[Act 5 of 2024 wef 14/02/2025]
Contents of Case for the Defence
217.—(1) The Case for the Defence must contain —(a)
a summary of the defence to the charge and the facts in support of the defence;
(b)
a list of the names of the witnesses for the defence;
(c)
a list of the exhibits that are intended by the defence to be admitted at the trial; and
(d)
if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —(i)
a statement of the nature of the objection;
(ii)
the issue of fact on which evidence will be produced; and
(iii)
the points of law in support of such objection.Illustration 1
A is charged with robbery. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim gave the items to A voluntarily) and any issue of law which A intends to rely on (for example, that A’s act did not amount to robbery as the elements of that offence were not made out, or that a general exception in Chapter 4 or right of private defence in Chapter 4A of the Penal Code 1871 applied in this case).
Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of A’s statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements A intends to challenge and the facts that A intends to rely on to support A’s challenge.
[15/2019]
(2) Despite subsection (1), an accused who is not represented by an advocate need not state any —(a)
objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or
(b)
point of law in support of any objection raised by the defence.
—(1) The Case for the Defence must contain —(a)
a summary of the defence to the charge and the facts in support of the defence;
(b)
a list of the names of the witnesses for the defence;
(c)
a list of the exhibits that are intended by the defence to be admitted at the trial; and
(d)
if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —(i)
a statement of the nature of the objection;
(ii)
the issue of fact on which evidence will be produced; and
(iii)
the points of law in support of such objection.Illustration 1
A is charged with robbery. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim gave the items to A voluntarily) and any issue of law which A intends to rely on (for example, that A’s act did not amount to robbery as the elements of that offence were not made out, or that a general exception in Chapter 4 or right of private defence in Chapter 4A of the Penal Code 1871 applied in this case).
Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of A’s statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements A intends to challenge and the facts that A intends to rely on to support A’s challenge.
[15/2019]
(2) Despite subsection (1), an accused who is not represented by an advocate need not state any —(a)
objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or
(b)
point of law in support of any objection raised by the defence.
Time for service of other statements, etc.
218.—(1) After the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks after the date on which the Case for the Defence is served, serve on the defence copies of —(a)
every other written statement given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial;
(aa)
for every other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law in relation to the charge or charges that the prosecution intends to proceed with at the trial, a transcript (if any) of the audiovisual recording of that statement;[Act 5 of 2024 wef 14/02/2025]
(ab)
each documentary exhibit mentioned in section 214(1)(c) that has not been served on the defence; and[Act 5 of 2024 wef 14/02/2025]
(b)
criminal records (if any) of the accused, upon payment of the prescribed fee.[19/2018]
(2) Where the documents mentioned in subsection (1) have been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(aa) at a police station or at any other prescribed place.[19/2018]
(2A) Despite subsection (1), where any documentary exhibit mentioned in section 214(1)(c) consists of any image (whether contained in a video recording, photograph or any other medium) of an individual’s genital or anal region, or the breasts of a woman —(a)
the prosecution is not required to serve a copy of the documentary exhibit on the defence; but
(b)
the prosecution must, if requested by the defence, arrange for the defence to view the documentary exhibit at a police station or a prescribed place.[Act 5 of 2024 wef 26/05/2025]
(3) Where the Case for the Defence has not been served on the prosecution, the prosecution —(a)
need not serve on the defence any written statement, exhibit, transcript or record mentioned in subsection (1);[Act 5 of 2024 wef 14/02/2025]
(b)
need not arrange for the viewing mentioned in subsection (2) of the audiovisual recording of any statement mentioned in subsection (1)(aa);[Act 5 of 2024 wef 26/05/2025]
(ba)
need not arrange for the viewing mentioned in subsection (2A)(b) of any documentary exhibit mentioned in subsection (2A); and[Act 5 of 2024 wef 26/05/2025]
(c)
may use any such statement, transcript, record, audiovisual recording or documentary exhibit at the trial.[19/2018]
[Act 5 of 2024 wef 14/02/2025]
(4) Where the Case for the Defence has been served on the prosecution, the defence must, within 2 weeks after the date on which the Case for the Defence is served, serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 217(1)(c) and is in the possession, custody or power of the accused.[19/2018]
(5) The obligations of the prosecution under subsections (1), (2) and (2A)(b) and the obligation of the defence under subsection (4) are independent of each other.[19/2018]
[Act 5 of 2024 wef 26/05/2025]
—(1) After the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks after the date on which the Case for the Defence is served, serve on the defence copies of —(a)
every other written statement given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial;
(aa)
for every other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law in relation to the charge or charges that the prosecution intends to proceed with at the trial, a transcript (if any) of the audiovisual recording of that statement;[Act 5 of 2024 wef 14/02/2025]
(ab)
each documentary exhibit mentioned in section 214(1)(c) that has not been served on the defence; and[Act 5 of 2024 wef 14/02/2025]
(b)
criminal records (if any) of the accused, upon payment of the prescribed fee.[19/2018]
(2) Where the documents mentioned in subsection (1) have been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(aa) at a police station or at any other prescribed place.[19/2018]
(2A) Despite subsection (1), where any documentary exhibit mentioned in section 214(1)(c) consists of any image (whether contained in a video recording, photograph or any other medium) of an individual’s genital or anal region, or the breasts of a woman —(a)
the prosecution is not required to serve a copy of the documentary exhibit on the defence; but
(b)
the prosecution must, if requested by the defence, arrange for the defence to view the documentary exhibit at a police station or a prescribed place.[Act 5 of 2024 wef 26/05/2025]
(3) Where the Case for the Defence has not been served on the prosecution, the prosecution —(a)
need not serve on the defence any written statement, exhibit, transcript or record mentioned in subsection (1);[Act 5 of 2024 wef 14/02/2025]
(b)
need not arrange for the viewing mentioned in subsection (2) of the audiovisual recording of any statement mentioned in subsection (1)(aa);[Act 5 of 2024 wef 26/05/2025]
(ba)
need not arrange for the viewing mentioned in subsection (2A)(b) of any documentary exhibit mentioned in subsection (2A); and[Act 5 of 2024 wef 26/05/2025]
(c)
may use any such statement, transcript, record, audiovisual recording or documentary exhibit at the trial.[19/2018]
[Act 5 of 2024 wef 14/02/2025]
(4) Where the Case for the Defence has been served on the prosecution, the defence must, within 2 weeks after the date on which the Case for the Defence is served, serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 217(1)(c) and is in the possession, custody or power of the accused.[19/2018]
(5) The obligations of the prosecution under subsections (1), (2) and (2A)(b) and the obligation of the defence under subsection (4) are independent of each other.[19/2018]
[Act 5 of 2024 wef 26/05/2025]
Fixing dates for trial
219. If, at the further criminal case disclosure conference held on the date mentioned in section 215(2), the defence does not indicate that the accused wishes to plead guilty, the Registrar of the Supreme Court may fix a date for trial.[19/2018]
If co-accused charged subsequently
220. If, subsequent to any criminal case disclosure conference held under this Division in relation to an accused, a co‑accused is charged, the Registrar of the Supreme Court may do all or any of the following:(a)
order the prosecution to serve on the co‑accused the Case for the Prosecution in relation to the accused;
(b)
order the accused to serve on the co‑accused the accused’s Case for the Defence, if any.
Case conference
220A. Regardless whether the criminal case disclosure procedures in this Division apply by virtue of section 211A, the Registrar of the Supreme Court may, at any time, fix the date for and conduct a case conference to settle any administrative matter in relation to a trial.[19/2018]
[Act 25 of 2021 wef 01/04/2022]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
