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Criminal Procedure Code 2010 Division 1 — General pre-trial procedures

s 222–s 225C7 provisions

Conference by video link

s 222

222. A criminal case disclosure conference, or a case conference, held under Part 9 or 10, or any matter in relation to such criminal case disclosure conference or case conference, may be heard by video link.[Act 25 of 2021 wef 01/04/2022]

Extension of time

s 223

223.—(1) Any party to a criminal case disclosure conference may at any time apply to the court for an extension of time or a further extension of time to file or serve any document required under Part 9 or 10.(2) Any application under subsection (1) must be heard in the presence of all the parties to the criminal case disclosure conference. —(1) Any party to a criminal case disclosure conference may at any time apply to the court for an extension of time or a further extension of time to file or serve any document required under Part 9 or 10. (2) Any application under subsection (1) must be heard in the presence of all the parties to the criminal case disclosure conference.

Power of court to prohibit certain communication

s 224

224.—(1) A relevant judge may, if satisfied that it is expedient in the interests of public safety, public security or propriety, public order, national interest or national security of Singapore or any part thereof, or for other sufficient reason to do so, order that any information contained in —(a) the Case for the Prosecution mentioned in sections 162 and 214; (b) the Case for the Defence mentioned in sections 165(1) and 217(1); or (c) the statements, exhibits or records mentioned in section 166(1) or 218(1), must not be communicated to any other person by the accused, and if the accused is represented by an advocate, by the accused’s advocate as well. [19/2018] (2) Despite subsection (1), an accused or an accused’s advocate (if any) may make an application to the relevant judge for the information contained in the Case for the Prosecution which is subject to an order under that subsection to be communicated to any other person, and the relevant judge may grant the application if the relevant judge is satisfied that such communication is necessary and desirable for the accused to conduct the accused’s defence. (3) The relevant judge who grants an application under subsection (2) may impose any condition as the relevant judge thinks necessary relating to the communication of the information to any other person. (4) Any person who acts in contravention of any order under subsection (1) or any condition imposed by the relevant judge under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (5) The “relevant judge” mentioned in this section means a District Judge, Magistrate, the Registrar of the State Courts or the Registrar of the Supreme Court (as the case may be) conducting a criminal case disclosure conference under Part 9 or 10.[5/2014] —(1) A relevant judge may, if satisfied that it is expedient in the interests of public safety, public security or propriety, public order, national interest or national security of Singapore or any part thereof, or for other sufficient reason to do so, order that any information contained in —(a) the Case for the Prosecution mentioned in sections 162 and 214; (b) the Case for the Defence mentioned in sections 165(1) and 217(1); or (c) the statements, exhibits or records mentioned in section 166(1) or 218(1), must not be communicated to any other person by the accused, and if the accused is represented by an advocate, by the accused’s advocate as well. [19/2018] (2) Despite subsection (1), an accused or an accused’s advocate (if any) may make an application to the relevant judge for the information contained in the Case for the Prosecution which is subject to an order under that subsection to be communicated to any other person, and the relevant judge may grant the application if the relevant judge is satisfied that such communication is necessary and desirable for the accused to conduct the accused’s defence. (3) The relevant judge who grants an application under subsection (2) may impose any condition as the relevant judge thinks necessary relating to the communication of the information to any other person. (4) Any person who acts in contravention of any order under subsection (1) or any condition imposed by the relevant judge under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (5) The “relevant judge” mentioned in this section means a District Judge, Magistrate, the Registrar of the State Courts or the Registrar of the Supreme Court (as the case may be) conducting a criminal case disclosure conference under Part 9 or 10.[5/2014]

Restrictions on reports of restricted information

s 225

225.—(1) It is not lawful to publish a report of any information contained in —(a) the Case for the Prosecution mentioned in sections 162 and 214; (b) the Case for the Defence mentioned in sections 165(1) and 217(1); or (c) the statements, exhibits or records mentioned in section 166(1) or 218(1), other than the names, ages and occupations of the accused person or persons, and the offence or offences, or a summary of them, with which the accused person or persons is or are charged. [19/2018] (2) If a report is published in contravention of this section, the following persons shall be liable on summary conviction to a fine not exceeding $5,000:(a) in the case of a publication of a report as part of a newspaper or periodical — any proprietor, editor or publisher of the newspaper or periodical; (b) in the case of a publication of a report otherwise than as part of a newspaper or periodical — the person who publishes it; (c) in the case of a broadcast of a report by a body corporate, limited liability partnership, partnership or unincorporated association — any person acting on behalf of the body corporate, limited liability partnership, partnership or unincorporated association, having functions in relation to the broadcast of the report corresponding to those of the editor of a newspaper or periodical. (3) Proceedings for an offence under this section may not be instituted otherwise than by or with the consent of the Public Prosecutor. (4) Subsection (1) is in addition to, and not in derogation of, the provisions of any other written law with respect to the publication of reports and proceedings of any court. (5) In this section —“broadcast” means any transmission of signs or signals for general reception, using wireless telecommunications or any other means of delivery, and whether or not the transmission is encrypted; “publish”, in relation to a report, means make the report available to the general public of Singapore, or any section thereof, in whatever form and by whatever means, including broadcasting and transmitting on what is commonly known as the Internet. —(1) It is not lawful to publish a report of any information contained in —(a) the Case for the Prosecution mentioned in sections 162 and 214; (b) the Case for the Defence mentioned in sections 165(1) and 217(1); or (c) the statements, exhibits or records mentioned in section 166(1) or 218(1), other than the names, ages and occupations of the accused person or persons, and the offence or offences, or a summary of them, with which the accused person or persons is or are charged. [19/2018] (2) If a report is published in contravention of this section, the following persons shall be liable on summary conviction to a fine not exceeding $5,000:(a) in the case of a publication of a report as part of a newspaper or periodical — any proprietor, editor or publisher of the newspaper or periodical; (b) in the case of a publication of a report otherwise than as part of a newspaper or periodical — the person who publishes it; (c) in the case of a broadcast of a report by a body corporate, limited liability partnership, partnership or unincorporated association — any person acting on behalf of the body corporate, limited liability partnership, partnership or unincorporated association, having functions in relation to the broadcast of the report corresponding to those of the editor of a newspaper or periodical. (3) Proceedings for an offence under this section may not be instituted otherwise than by or with the consent of the Public Prosecutor. (4) Subsection (1) is in addition to, and not in derogation of, the provisions of any other written law with respect to the publication of reports and proceedings of any court. (5) In this section —“broadcast” means any transmission of signs or signals for general reception, using wireless telecommunications or any other means of delivery, and whether or not the transmission is encrypted; “publish”, in relation to a report, means make the report available to the general public of Singapore, or any section thereof, in whatever form and by whatever means, including broadcasting and transmitting on what is commonly known as the Internet.

Restrictions on use of material disclosed by prosecution

s 225A

225A.—(1) Where the prosecution discloses (whether before, on or after 17 September 2018) any material to the accused or the accused’s advocate (if any) for the purposes of any criminal proceedings —(a) that material may be disclosed, for the purposes of those criminal proceedings, to any co‑accused in those criminal proceedings, or to the advocate (if any) of any such co‑accused, by any of the following persons:(i) the accused; (ii) the accused’s advocate (if any); (iii) any other co‑accused or advocate to whom that material was disclosed under this paragraph; and (b) on and after 17 September 2018, each of the following persons is deemed to give an undertaking to the court not to use that material for any purpose (other than the purposes of those criminal proceedings) without the permission of the Public Prosecutor:(i) the accused; (ii) the accused’s advocate (if any); (iii) any co‑accused or advocate to whom that material is disclosed under paragraph (a).[19/2018] (2) Subsection (1) applies regardless whether the material is disclosed by the prosecution voluntarily or pursuant to any written law or rule of law or any order of court.[19/2018] (3) The undertaking in subsection (1)(b) ceases to apply to that material after that material is adduced as evidence in court in those criminal proceedings.[19/2018] —(1) Where the prosecution discloses (whether before, on or after 17 September 2018) any material to the accused or the accused’s advocate (if any) for the purposes of any criminal proceedings —(a) that material may be disclosed, for the purposes of those criminal proceedings, to any co‑accused in those criminal proceedings, or to the advocate (if any) of any such co‑accused, by any of the following persons:(i) the accused; (ii) the accused’s advocate (if any); (iii) any other co‑accused or advocate to whom that material was disclosed under this paragraph; and (b) on and after 17 September 2018, each of the following persons is deemed to give an undertaking to the court not to use that material for any purpose (other than the purposes of those criminal proceedings) without the permission of the Public Prosecutor:(i) the accused; (ii) the accused’s advocate (if any); (iii) any co‑accused or advocate to whom that material is disclosed under paragraph (a).[19/2018] (2) Subsection (1) applies regardless whether the material is disclosed by the prosecution voluntarily or pursuant to any written law or rule of law or any order of court.[19/2018] (3) The undertaking in subsection (1)(b) ceases to apply to that material after that material is adduced as evidence in court in those criminal proceedings.[19/2018]

Mode of disclosing statement recorded in form of audiovisual recording

s 225B

225B.—(1) This section applies where any written law or rule of law requires the prosecution to disclose to the defence any statement made by a person examined under section 22 that is recorded in the form of an audiovisual recording.[19/2018] [Act 5 of 2024 wef 14/02/2025] (2) The prosecution is not required to produce either of the following to the defence:(a) the audiovisual recording of the statement; (b) a copy of that audiovisual recording.[19/2018] (3) The prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of the statement at a police station or at any other prescribed place.[19/2018] —(1) This section applies where any written law or rule of law requires the prosecution to disclose to the defence any statement made by a person examined under section 22 that is recorded in the form of an audiovisual recording.[19/2018] [Act 5 of 2024 wef 14/02/2025] (2) The prosecution is not required to produce either of the following to the defence:(a) the audiovisual recording of the statement; (b) a copy of that audiovisual recording.[19/2018] (3) The prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of the statement at a police station or at any other prescribed place.[19/2018]

Mode of disclosing exhibit containing intimate image

s 225C

225C.—(1) This section applies where any written law or rule of law requires the prosecution to disclose to the defence any exhibit consisting 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.(2) The prosecution is not required to produce the exhibit mentioned in subsection (1) to the defence, but must —(a) inform the defence of the exhibit; and (b) if requested by the defence, arrange for the defence to view the exhibit at a police station or a prescribed place.[Act 5 of 2024 wef 26/05/2025] —(1) This section applies where any written law or rule of law requires the prosecution to disclose to the defence any exhibit consisting 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. (2) The prosecution is not required to produce the exhibit mentioned in subsection (1) to the defence, but must —(a) inform the defence of the exhibit; and (b) if requested by the defence, arrange for the defence to view the exhibit at a police station or a prescribed place.[Act 5 of 2024 wef 26/05/2025]

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Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.