Right of accused person to be defended
s 236
236. Every accused person before any court may of right be defended by an advocate.
Criminal Procedure Code 2010 Division 1 — General provisions
Change of judge during trial
s 237
237.—(1) Subject to subsection (3), if a judge, having heard and recorded the whole or part of the evidence in a trial, is unable to complete the case, it may be continued by another judge who has and who exercises such jurisdiction.(2) The judge who continues the case may, in the interest of justice and without material prejudice to the parties to the proceedings —(a) act on the evidence recorded by his or her predecessor or recorded partly by his or her predecessor and partly by himself or herself; or (b) start the trial again by summoning the witnesses. (3) When there is a change of judge, any party to the proceedings may apply for any or all of the witnesses to be summoned and heard again and the judge must allow the application unless —(a) the witness is dead or cannot be found or is incapable of giving evidence or is kept out of the way by the party making the application, or the witness cannot be brought to court without unreasonable delay or expense; or (b) the court believes that the application is frivolous, vexatious or is made for the purpose of delay. (4) The appellate court may set aside any conviction made on evidence not wholly heard by the trial court which continued the case and it may order a new trial, if it believes that the accused’s defence on the merits has been materially prejudiced by the proceedings. —(1) Subject to subsection (3), if a judge, having heard and recorded the whole or part of the evidence in a trial, is unable to complete the case, it may be continued by another judge who has and who exercises such jurisdiction. (2) The judge who continues the case may, in the interest of justice and without material prejudice to the parties to the proceedings —(a) act on the evidence recorded by his or her predecessor or recorded partly by his or her predecessor and partly by himself or herself; or (b) start the trial again by summoning the witnesses. (3) When there is a change of judge, any party to the proceedings may apply for any or all of the witnesses to be summoned and heard again and the judge must allow the application unless —(a) the witness is dead or cannot be found or is incapable of giving evidence or is kept out of the way by the party making the application, or the witness cannot be brought to court without unreasonable delay or expense; or (b) the court believes that the application is frivolous, vexatious or is made for the purpose of delay. (4) The appellate court may set aside any conviction made on evidence not wholly heard by the trial court which continued the case and it may order a new trial, if it believes that the accused’s defence on the merits has been materially prejudiced by the proceedings.
Power to postpone or adjourn proceedings
s 238
238.—(1) The court may postpone or adjourn any inquiry, trial or other proceedings on such terms as it thinks fit and for as long as it considers reasonable, if the absence of a witness or any other reasonable cause makes this necessary or advisable.(2) Subject to subsection (3), if the accused is not on bail, the court may by a warrant remand the accused in custody as it thinks fit. (3) If it appears likely that further evidence may be obtained by a remand, the court may so remand the accused in custody for the purpose of any investigation by a law enforcement agency but not for more than 8 days at a time. (4) If the accused is on bail, the court may extend the bail. (5) The court must record in writing the reasons for the postponement or adjournment of the proceedings. —(1) The court may postpone or adjourn any inquiry, trial or other proceedings on such terms as it thinks fit and for as long as it considers reasonable, if the absence of a witness or any other reasonable cause makes this necessary or advisable. (2) Subject to subsection (3), if the accused is not on bail, the court may by a warrant remand the accused in custody as it thinks fit. (3) If it appears likely that further evidence may be obtained by a remand, the court may so remand the accused in custody for the purpose of any investigation by a law enforcement agency but not for more than 8 days at a time. (4) If the accused is on bail, the court may extend the bail. (5) The court must record in writing the reasons for the postponement or adjournment of the proceedings.
Oral hearing not needed generally
s 238A
238A.—(1) Subject to subsection (2), a court may decide any matter without hearing oral arguments, other than a matter prescribed by the Criminal Procedure Rules.(2) Subsection (1) does not allow any part of a proceeding where oral evidence is given (including any part of a trial of an offence) to be conducted without an oral hearing. (3) Subject to subsection (4), a court may, in any matter that the court may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties, using such means of communication as directed by the court. (4) The court must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties. (5) To avoid doubt, this section does not affect the power of a court to hear oral arguments before deciding any matter that may be decided without hearing oral arguments.[Act 25 of 2021 wef 01/04/2022] (6) Despite section 298, but subject to subsections (7) and (8), where under subsection (1) a court decides any matter without hearing oral arguments, the court is not required to deliver judgment in open court.[Act 5 of 2024 wef 31/05/2024] (7) Where, under subsection (1), a trial court decides a matter without hearing oral arguments —(a) the trial court must deliver judgment and pass sentence in open court if the trial court finds an accused guilty and imposes a sentence other than a sentence of a fine only; (b) the trial court must pass sentence in open court if the trial court, having imposed a sentence of a fine only after finding the accused guilty, rectifies any error in the exercise of its sentencing powers by imposing a sentence other than a sentence of a fine only; or (c) the trial court must pass sentence in open court if the trial court, having imposed a sentence (other than a sentence of a fine only) after finding the accused guilty, rectifies any error in the exercise of its sentencing powers by imposing a sentence that is or includes a different type of sentence, other than a sentence of a fine only.[Act 5 of 2024 wef 31/05/2024] (8) Where, under subsection (1), a court (called in this subsection a relevant court) decides any matter without hearing oral arguments in any criminal appeal, case stated, criminal revision, criminal reference or criminal motion, the relevant court must deliver judgment and pass sentence in open court if —(a) the relevant court reverses the acquittal of an accused and imposes a sentence other than a sentence of a fine only; (b) where a sentence of a fine only had been imposed on the accused, the relevant court varies the sentence by imposing a sentence other than a sentence of a fine only; or (c) where a sentence (other than a sentence of a fine only) had been imposed on the accused, the relevant court varies the sentence by imposing a different type of sentence (other than a sentence of a fine only), whether in addition to or in substitution of the sentence earlier imposed.[Act 5 of 2024 wef 31/05/2024] (9) In subsection (7), “trial court” includes a court that records a guilty plea.[Act 5 of 2024 wef 31/05/2024] —(1) Subject to subsection (2), a court may decide any matter without hearing oral arguments, other than a matter prescribed by the Criminal Procedure Rules. (2) Subsection (1) does not allow any part of a proceeding where oral evidence is given (including any part of a trial of an offence) to be conducted without an oral hearing. (3) Subject to subsection (4), a court may, in any matter that the court may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties, using such means of communication as directed by the court. (4) The court must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties. (5) To avoid doubt, this section does not affect the power of a court to hear oral arguments before deciding any matter that may be decided without hearing oral arguments.[Act 25 of 2021 wef 01/04/2022] (6) Despite section 298, but subject to subsections (7) and (8), where under subsection (1) a court decides any matter without hearing oral arguments, the court is not required to deliver judgment in open court.[Act 5 of 2024 wef 31/05/2024] (7) Where, under subsection (1), a trial court decides a matter without hearing oral arguments —(a) the trial court must deliver judgment and pass sentence in open court if the trial court finds an accused guilty and imposes a sentence other than a sentence of a fine only; (b) the trial court must pass sentence in open court if the trial court, having imposed a sentence of a fine only after finding the accused guilty, rectifies any error in the exercise of its sentencing powers by imposing a sentence other than a sentence of a fine only; or (c) the trial court must pass sentence in open court if the trial court, having imposed a sentence (other than a sentence of a fine only) after finding the accused guilty, rectifies any error in the exercise of its sentencing powers by imposing a sentence that is or includes a different type of sentence, other than a sentence of a fine only.[Act 5 of 2024 wef 31/05/2024] (8) Where, under subsection (1), a court (called in this subsection a relevant court) decides any matter without hearing oral arguments in any criminal appeal, case stated, criminal revision, criminal reference or criminal motion, the relevant court must deliver judgment and pass sentence in open court if —(a) the relevant court reverses the acquittal of an accused and imposes a sentence other than a sentence of a fine only; (b) where a sentence of a fine only had been imposed on the accused, the relevant court varies the sentence by imposing a sentence other than a sentence of a fine only; or (c) where a sentence (other than a sentence of a fine only) had been imposed on the accused, the relevant court varies the sentence by imposing a different type of sentence (other than a sentence of a fine only), whether in addition to or in substitution of the sentence earlier imposed.[Act 5 of 2024 wef 31/05/2024] (9) In subsection (7), “trial court” includes a court that records a guilty plea.[Act 5 of 2024 wef 31/05/2024]
Summary dismissal of applications
s 238B
238B.—(1) Any application may, without being set down for hearing, be summarily dismissed by a written order of the court, certifying that the court, having perused the application and any accompanying material, is satisfied that the application has been brought without any sufficient ground.(2) Before summarily dismissing an application, the court —(a) must consider the applicant’s written submissions (if any); and (b) may, but is not required to, consider the respondent’s written submissions (if any). (3) Where the court comprises more than one Judge, the decision of the court to dismiss the application summarily under subsection (1) can only be made by a unanimous decision of all the Judges sitting in the court. (4) Notice of the dismissal must be served on the applicant. (5) If, within 14 days after the service on the applicant of a notice of the dismissal of an application by the General Division of the High Court in the exercise of its appellate or revisionary jurisdiction or the Court of Appeal under subsection (1), the applicant gives to the Registrar of the Supreme Court —(a) notice of an application for permission to amend the application so as to raise a question of law; and (b) a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, the Chief Justice (in the case where the application is made to the Court of Appeal) or any Judge sitting in the General Division of the High Court (in the case where the application is made to the General Division of the High Court) may grant permission to the applicant to amend the application accordingly and restore the application for hearing. (6) In this section —“application” means any application under this Code and includes a criminal motion and an application under section 400 or 404, but does not include —(a) an appeal, an application for permission under section 394H(1), a review application or an application under section 397(1); or (b) an application under section 417(1) for an order for review of detention; “review application” has the meaning given by section 394F(1).[Act 25 of 2021 wef 01/04/2022] —(1) Any application may, without being set down for hearing, be summarily dismissed by a written order of the court, certifying that the court, having perused the application and any accompanying material, is satisfied that the application has been brought without any sufficient ground. (2) Before summarily dismissing an application, the court —(a) must consider the applicant’s written submissions (if any); and (b) may, but is not required to, consider the respondent’s written submissions (if any). (3) Where the court comprises more than one Judge, the decision of the court to dismiss the application summarily under subsection (1) can only be made by a unanimous decision of all the Judges sitting in the court. (4) Notice of the dismissal must be served on the applicant. (5) If, within 14 days after the service on the applicant of a notice of the dismissal of an application by the General Division of the High Court in the exercise of its appellate or revisionary jurisdiction or the Court of Appeal under subsection (1), the applicant gives to the Registrar of the Supreme Court —(a) notice of an application for permission to amend the application so as to raise a question of law; and (b) a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, the Chief Justice (in the case where the application is made to the Court of Appeal) or any Judge sitting in the General Division of the High Court (in the case where the application is made to the General Division of the High Court) may grant permission to the applicant to amend the application accordingly and restore the application for hearing. (6) In this section —“application” means any application under this Code and includes a criminal motion and an application under section 400 or 404, but does not include —(a) an appeal, an application for permission under section 394H(1), a review application or an application under section 397(1); or (b) an application under section 417(1) for an order for review of detention; “review application” has the meaning given by section 394F(1).[Act 25 of 2021 wef 01/04/2022]
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