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 the person’s trial; and if that person tenders himself or herself as a witness, any such statement may be used in cross‑examination and for the purpose of impeaching that person’s credit.(2) Where a statement mentioned in subsection (1) is made by any person to a police officer, no such statement may be used in evidence if it is made to a police officer below the rank of sergeant.
(3) The court must refuse to admit the statement of an accused or allow it to be used in the manner referred to in subsection (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 the accused reasonable for supposing that by making the statement the accused would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against the accused. Explanation 1 — If a statement is obtained from an accused by a person in authority who had acted in such a manner that his or her 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, the accused would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against the accused, such acts will amount to a threat, an inducement or a promise (as the case may be), which will render the statement inadmissible.
Explanation 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 practised 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 1973 under which life imprisonment may be imposed in lieu of death;
(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 the accused was not bound to make the statement and that evidence of it might be given against the accused;
(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; or
(f)
where an accused’s statement under section 22 or 23 is in writing, when section 22(5) or 23(3B) (as the case may be) requires the statement to be recorded in the form of an audiovisual recording.
[30/2012; 19/2018]
(4) If the statement mentioned in subsection (3) is made after the impression caused by any such inducement, threat or promise mentioned in that subsection has, in the opinion of the court, been fully removed, it is admissible.
(4A) For the purposes of subsection (3), the making of a statement by an accused is not to be regarded as caused by any inducement, threat or promise merely because a person in authority had earlier informed the accused that the accused was required or legally bound to give information under section 27 of the Prevention of Corruption Act 1960, if that person believed in good faith, when so informing the accused, that —(a)
the accused was concerned in an offence under that Act; or
(b)
a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, that the accused was concerned in an offence under that Act.[19/2018]
(5) When 2 or more persons are tried jointly in any of the following circumstances, and a confession made by one such person affecting that person and any other such person is proved, the court may take into consideration the confession as against the other person as well as against the person who made the confession:(a)
all of those persons are tried jointly for the same offence;
(b)
the proof of the facts alleged in the charge for the offence for which one of those persons (A) is tried (excluding any fact relating to any intent or state of mind on the part of A necessary to constitute the offence for which A is tried) would, for each of the rest of those persons, result in the proof of the facts alleged in the charge for the offence for which that person is tried (excluding any fact relating to any intent or state of mind on the part of that person necessary to constitute the offence for which that person is tried);
(c)
at least one of those persons is tried for an offence under section 411, 412, 413 or 414 of the Penal Code 1871 in respect of any property, and the rest of those persons are tried for one or more of the offences of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating under Chapter 17 of the Penal Code 1871 in respect of the same property.[19/2018]
(5A) Despite subsection (5), the court may refuse to take into consideration a confession as against a person (other than the maker of the confession), if the prejudicial effect of the confession on that person outweighs the probative value of the confession.[19/2018]
(5B) In subsection (5), “offence” includes an abetment of, a conspiracy to commit, or an 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.
(c)
A is charged with an offence of corruptly giving a gratification to B under section 5(b) of the Prevention of Corruption Act 1960. B is charged with an offence of corruptly receiving the same gratification from A under section 5(a) of the Prevention of Corruption Act 1960. A and B are jointly tried for those offences. If a confession made by A affecting both A and B is proved, and the same facts are alleged in the charges against A and B, the court may take into consideration the confession as against B, even though A and B are charged with offences that have different elements.
[19/2018]
(6) Despite 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 the person 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 the person stating or suggesting the inference that the person committed that offence.
—(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 the person’s trial; and if that person tenders himself or herself as a witness, any such statement may be used in cross‑examination and for the purpose of impeaching that person’s credit.
(2) Where a statement mentioned in subsection (1) is made by any person to a police officer, no such statement may be used in evidence if it is made to a police officer below the rank of sergeant.
(3) The court must refuse to admit the statement of an accused or allow it to be used in the manner referred to in subsection (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 the accused reasonable for supposing that by making the statement the accused would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against the accused. Explanation 1 — If a statement is obtained from an accused by a person in authority who had acted in such a manner that his or her 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, the accused would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against the accused, such acts will amount to a threat, an inducement or a promise (as the case may be), which will render the statement inadmissible.
Explanation 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 practised 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 1973 under which life imprisonment may be imposed in lieu of death;
(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 the accused was not bound to make the statement and that evidence of it might be given against the accused;
(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; or
(f)
where an accused’s statement under section 22 or 23 is in writing, when section 22(5) or 23(3B) (as the case may be) requires the statement to be recorded in the form of an audiovisual recording.
[30/2012; 19/2018]
(4) If the statement mentioned in subsection (3) is made after the impression caused by any such inducement, threat or promise mentioned in that subsection has, in the opinion of the court, been fully removed, it is admissible.
(4A) For the purposes of subsection (3), the making of a statement by an accused is not to be regarded as caused by any inducement, threat or promise merely because a person in authority had earlier informed the accused that the accused was required or legally bound to give information under section 27 of the Prevention of Corruption Act 1960, if that person believed in good faith, when so informing the accused, that —(a)
the accused was concerned in an offence under that Act; or
(b)
a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, that the accused was concerned in an offence under that Act.[19/2018]
(5) When 2 or more persons are tried jointly in any of the following circumstances, and a confession made by one such person affecting that person and any other such person is proved, the court may take into consideration the confession as against the other person as well as against the person who made the confession:(a)
all of those persons are tried jointly for the same offence;
(b)
the proof of the facts alleged in the charge for the offence for which one of those persons (A) is tried (excluding any fact relating to any intent or state of mind on the part of A necessary to constitute the offence for which A is tried) would, for each of the rest of those persons, result in the proof of the facts alleged in the charge for the offence for which that person is tried (excluding any fact relating to any intent or state of mind on the part of that person necessary to constitute the offence for which that person is tried);
(c)
at least one of those persons is tried for an offence under section 411, 412, 413 or 414 of the Penal Code 1871 in respect of any property, and the rest of those persons are tried for one or more of the offences of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating under Chapter 17 of the Penal Code 1871 in respect of the same property.[19/2018]
(5A) Despite subsection (5), the court may refuse to take into consideration a confession as against a person (other than the maker of the confession), if the prejudicial effect of the confession on that person outweighs the probative value of the confession.[19/2018]
(5B) In subsection (5), “offence” includes an abetment of, a conspiracy to commit, or an 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.
(c)
A is charged with an offence of corruptly giving a gratification to B under section 5(b) of the Prevention of Corruption Act 1960. B is charged with an offence of corruptly receiving the same gratification from A under section 5(a) of the Prevention of Corruption Act 1960. A and B are jointly tried for those offences. If a confession made by A affecting both A and B is proved, and the same facts are alleged in the charges against A and B, the court may take into consideration the confession as against B, even though A and B are charged with offences that have different elements.
[19/2018]
(6) Despite 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 the person 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 the person stating or suggesting the inference that the person committed that offence.
Admissibility of Case for the Defence
258A.—(1) Where any person is charged with an offence, the Case for the Defence filed under section 163(1) or 215(1) by or on behalf of that person —(a)
is admissible in evidence at that person’s trial (including during the presentation of the prosecutor’s statement under section 230(1)(d)); and
(b)
if that person tenders himself or herself as a witness, may be used in cross‑examination and for the purpose of impeaching that person’s credit.[19/2018]
(2) When 2 or more persons are tried jointly in any of the following circumstances, and the Case for the Defence filed under section 163(1) or 215(1) by or on behalf of any such person affects that person and any other such person, the court may take into consideration that Case for the Defence as against the other person as well as against the person by or on behalf of whom that Case for the Defence was filed:(a)
all of those persons are tried jointly for the same offence;
(b)
the proof of the facts alleged in the charge for the offence for which one of those persons (A) is tried (excluding any fact relating to any intent or state of mind on the part of A necessary to constitute the offence for which A is tried) would, for each of the rest of those persons, result in the proof of the facts alleged in the charge for the offence for which that person is tried (excluding any fact relating to any intent or state of mind on the part of that person necessary to constitute the offence for which that person is tried);
(c)
at least one of those persons is tried for an offence under section 411, 412, 413 or 414 of the Penal Code 1871 in respect of any property, and the rest of those persons are tried for one or more of the offences of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating under Chapter 17 of the Penal Code 1871 in respect of the same property.[19/2018]
(3) Despite subsection (2), the court may refuse to take into consideration a Case for the Defence as against a person (other than the person by or on behalf of whom that Case for the Defence was filed), if the prejudicial effect of that Case for the Defence on that person outweighs the probative value of that Case for the Defence.[19/2018]
(4) In subsection (2), “offence” includes an abetment of, a conspiracy to commit, or an attempt to commit, the offence.[19/2018]
—(1) Where any person is charged with an offence, the Case for the Defence filed under section 163(1) or 215(1) by or on behalf of that person —(a)
is admissible in evidence at that person’s trial (including during the presentation of the prosecutor’s statement under section 230(1)(d)); and
(b)
if that person tenders himself or herself as a witness, may be used in cross‑examination and for the purpose of impeaching that person’s credit.[19/2018]
(2) When 2 or more persons are tried jointly in any of the following circumstances, and the Case for the Defence filed under section 163(1) or 215(1) by or on behalf of any such person affects that person and any other such person, the court may take into consideration that Case for the Defence as against the other person as well as against the person by or on behalf of whom that Case for the Defence was filed:(a)
all of those persons are tried jointly for the same offence;
(b)
the proof of the facts alleged in the charge for the offence for which one of those persons (A) is tried (excluding any fact relating to any intent or state of mind on the part of A necessary to constitute the offence for which A is tried) would, for each of the rest of those persons, result in the proof of the facts alleged in the charge for the offence for which that person is tried (excluding any fact relating to any intent or state of mind on the part of that person necessary to constitute the offence for which that person is tried);
(c)
at least one of those persons is tried for an offence under section 411, 412, 413 or 414 of the Penal Code 1871 in respect of any property, and the rest of those persons are tried for one or more of the offences of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating under Chapter 17 of the Penal Code 1871 in respect of the same property.[19/2018]
(3) Despite subsection (2), the court may refuse to take into consideration a Case for the Defence as against a person (other than the person by or on behalf of whom that Case for the Defence was filed), if the prejudicial effect of that Case for the Defence on that person outweighs the probative value of that Case for the Defence.[19/2018]
(4) In subsection (2), “offence” includes an abetment of, a conspiracy to commit, or an attempt to commit, the offence.[19/2018]
Reference to certain documents in Case for the Prosecution
258B. Where any person is charged with an offence, any document mentioned in section 162(1)(a), (b), (c) or (d) or 214(1)(a), (b) or (c), which is contained in the Case for the Prosecution filed under section 161(2) or 213(1) for the purposes of the trial of that person, may be referred to during that trial as if that document is part of the prosecutor’s statement under section 230(1)(d).[19/2018]
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 1893;
(b)
is used for the purpose of impeaching the person’s credit in the manner provided in section 157 of the Evidence Act 1893;
(c)
is made admissible as evidence in any criminal proceeding by virtue of any other provisions in this Code or the Evidence Act 1893 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 1893.
(2) Where any person is charged with any offence in relation to the making or contents of any statement made by the person 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.
—(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 1893;
(b)
is used for the purpose of impeaching the person’s credit in the manner provided in section 157 of the Evidence Act 1893;
(c)
is made admissible as evidence in any criminal proceeding by virtue of any other provisions in this Code or the Evidence Act 1893 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 1893.
(2) Where any person is charged with any offence in relation to the making or contents of any statement made by the person 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.
—(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 the accused may be prosecuted for an offence, failed to mention any fact which the accused subsequently relies on in the accused’s defence, being a fact which in the circumstances existing at the time the accused 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 the accused’s presence relating to the conduct for which the accused is charged, insofar 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.
—(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 the accused may be prosecuted for an offence, failed to mention any fact which the accused subsequently relies on in the accused’s defence, being a fact which in the circumstances existing at the time the accused 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 the accused’s presence relating to the conduct for which the accused is charged, insofar 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 1969;
(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 must 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.
—(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 1969;
(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 must 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 the qualified person 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.
—(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 the qualified person 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) Despite 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, 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 the person’s knowledge and belief and that the person made the statement knowing that, if it were given in evidence, the person would be liable to prosecution if the person stated in it anything the person 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;
(e)
the court is satisfied that the accused is aware of this section or is represented by an advocate during the criminal proceeding.[19/2018]
(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 21 years of age, it must state his or her age;
(b)
if it is made by a person who cannot read it, it must be read to him or her before he or she signs it and must be accompanied by a declaration by the person who read the statement to him or her, stating that it was so read;
(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) Unless the court directs otherwise, so much of any statement as is admitted in evidence under this section must be read aloud at the hearing.[19/2018]
(4A) Where the court directs under subsection (4) that any part of a statement admitted in evidence under this section need not be read aloud at the hearing, the court may also direct that an account be given orally of the part of that statement that is not read aloud.[19/2018]
(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.
—(1) Despite 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, 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 the person’s knowledge and belief and that the person made the statement knowing that, if it were given in evidence, the person would be liable to prosecution if the person stated in it anything the person 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;
(e)
the court is satisfied that the accused is aware of this section or is represented by an advocate during the criminal proceeding.[19/2018]
(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 21 years of age, it must state his or her age;
(b)
if it is made by a person who cannot read it, it must be read to him or her before he or she signs it and must be accompanied by a declaration by the person who read the statement to him or her, stating that it was so read;
(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) Unless the court directs otherwise, so much of any statement as is admitted in evidence under this section must be read aloud at the hearing.[19/2018]
(4A) Where the court directs under subsection (4) that any part of a statement admitted in evidence under this section need not be read aloud at the hearing, the court may also direct that an account be given orally of the part of that statement that is not read aloud.[19/2018]
(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.
Statement recorded in form of audiovisual recording
264A.—(1) Despite anything in this Code or in any other written law, a statement made by a person that is recorded in the form of an audiovisual recording (called in this section a recorded statement) is admissible as evidence in a criminal proceeding, to the same extent and to the same effect as oral evidence given by the person, if —(a)
the criminal proceeding relates to an offence alleged to have been committed against or in relation to the person;
(b)
any of the following conditions is satisfied:(i)
the offence alleged to have been committed against or in relation to the person is —(A)
a child abuse offence;
(B)
an offence under section 28(2) of the Children and Young Persons Act 1993, an abetment of, a conspiracy to commit, or an attempt to commit, that offence;
(C)
a sexual offence;
(D)
an offence under section 169(3) of the Women’s Charter 1961, an abetment of, a conspiracy to commit, or an attempt to commit, that offence; or
(E)
an offence under section 3(1) or (2) or 6(1) of the Prevention of Human Trafficking Act 2014, an abetment of, a conspiracy to commit, or an attempt to commit, that offence;
(ii)
both of the following apply:(A)
the offence alleged to have been committed against or in relation to the person is an offence under section 323, 323A, 324, 325, 326, 327, 328, 329, 330, 331, 334, 334A, 335, 335A, 335B, 336, 337 or 338 of the Penal Code 1871, an abetment of, a conspiracy to commit, or an attempt to commit, that offence;
(B)
any of the following applies:(BA)
the person is below 16 years of age;
(BB)
the person is suffering from a mental disability;
(BC)
the person is a domestic worker, and the offence is alleged to have been committed by the employer of the person or by a member of the employer’s household;
(BD)
the offence alleged to have been committed against or in relation to the person is one to which section 73, 74A, 74B, 74C or 74D of the Penal Code 1871 applies;
(iii)
all of the following apply:(A)
the offence alleged to have been committed against or in relation to the person is any other offence;
(B)
any of the following applies:(BA)
the person is below 16 years of age;
(BB)
the person is suffering from a mental disability;
(BC)
the person is a domestic worker, and the offence is alleged to have been committed by the employer of the person or by a member of the employer’s household;
(BD)
the offence alleged to have been committed against or in relation to the person is one to which section 73, 74A, 74B, 74C or 74D of the Penal Code 1871 applies;
(C)
the court grants permission for the recorded statement to be admitted in evidence;[Act 25 of 2021 wef 01/04/2022]
(c)
in a case where the person is below 21 years of age, the recorded statement states the person’s age; and
(d)
in a case where the recorded statement is to be used in lieu of oral evidence given by the person as evidence‑in‑chief in the criminal proceeding, the person has confirmed in the recorded statement that what the person states in the recorded statement is true.[19/2018; 15/2019]
(2) Where a recorded statement is admissible as evidence in a criminal proceeding under subsection (1), a transcript of the audiovisual recording of the recorded statement is also admissible as evidence in the criminal proceeding, to the same extent and to the same effect as the recorded statement.[19/2018]
(3) Where in any criminal proceeding a recorded statement of a person, or a transcript of the audiovisual recording of a recorded statement of a person, is admitted in evidence under this section, 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.[19/2018]
(4) Unless the court directs otherwise —(a)
the audiovisual recording of so much of a recorded statement as is admitted in evidence under this section must be displayed at the hearing; and
(b)
so much of a transcript as is admitted in evidence under this section must be read aloud at the hearing.[19/2018]
(5) Where the court directs under subsection (4) that any part of the audiovisual recording of a recorded statement admitted in evidence under this section need not be displayed at the hearing, the court may also direct that an account be given orally of the part of the audiovisual recording that is not displayed.[19/2018]
(6) Where the court directs under subsection (4) that any part of a transcript admitted in evidence under this section need not be read aloud at the hearing, the court may also direct that an account be given orally of the part of the transcript that is not read aloud.[19/2018]
(7) Where a document or an object is referred to as an exhibit and identified in a recorded statement of a person, or in a transcript of the audiovisual recording of a recorded statement of a person, and the recorded statement or transcript (as the case may be) is admitted in evidence under this section, the document or object must be treated as if the document or object had been produced as an exhibit and identified in court by the person.[19/2018]
(8) Where a document is referred to as an exhibit in a recorded statement, or in a transcript of the audiovisual recording of a recorded statement, and the recorded statement or transcript (as the case may be) is admitted in evidence under this section, the prosecution must —(a)
serve a copy of that document on the defence; or
(b)
allow the defence to inspect that document or a copy of that document.[19/2018]
(9) In this section, “domestic worker” and “member of the employer’s household” have the meanings given by section 73(4) of the Penal Code 1871.[15/2019]
—(1) Despite anything in this Code or in any other written law, a statement made by a person that is recorded in the form of an audiovisual recording (called in this section a recorded statement) is admissible as evidence in a criminal proceeding, to the same extent and to the same effect as oral evidence given by the person, if —(a)
the criminal proceeding relates to an offence alleged to have been committed against or in relation to the person;
(b)
any of the following conditions is satisfied:(i)
the offence alleged to have been committed against or in relation to the person is —(A)
a child abuse offence;
(B)
an offence under section 28(2) of the Children and Young Persons Act 1993, an abetment of, a conspiracy to commit, or an attempt to commit, that offence;
(C)
a sexual offence;
(D)
an offence under section 169(3) of the Women’s Charter 1961, an abetment of, a conspiracy to commit, or an attempt to commit, that offence; or
(E)
an offence under section 3(1) or (2) or 6(1) of the Prevention of Human Trafficking Act 2014, an abetment of, a conspiracy to commit, or an attempt to commit, that offence;
(ii)
both of the following apply:(A)
the offence alleged to have been committed against or in relation to the person is an offence under section 323, 323A, 324, 325, 326, 327, 328, 329, 330, 331, 334, 334A, 335, 335A, 335B, 336, 337 or 338 of the Penal Code 1871, an abetment of, a conspiracy to commit, or an attempt to commit, that offence;
(B)
any of the following applies:(BA)
the person is below 16 years of age;
(BB)
the person is suffering from a mental disability;
(BC)
the person is a domestic worker, and the offence is alleged to have been committed by the employer of the person or by a member of the employer’s household;
(BD)
the offence alleged to have been committed against or in relation to the person is one to which section 73, 74A, 74B, 74C or 74D of the Penal Code 1871 applies;
(iii)
all of the following apply:(A)
the offence alleged to have been committed against or in relation to the person is any other offence;
(B)
any of the following applies:(BA)
the person is below 16 years of age;
(BB)
the person is suffering from a mental disability;
(BC)
the person is a domestic worker, and the offence is alleged to have been committed by the employer of the person or by a member of the employer’s household;
(BD)
the offence alleged to have been committed against or in relation to the person is one to which section 73, 74A, 74B, 74C or 74D of the Penal Code 1871 applies;
(C)
the court grants permission for the recorded statement to be admitted in evidence;[Act 25 of 2021 wef 01/04/2022]
(c)
in a case where the person is below 21 years of age, the recorded statement states the person’s age; and
(d)
in a case where the recorded statement is to be used in lieu of oral evidence given by the person as evidence‑in‑chief in the criminal proceeding, the person has confirmed in the recorded statement that what the person states in the recorded statement is true.[19/2018; 15/2019]
(2) Where a recorded statement is admissible as evidence in a criminal proceeding under subsection (1), a transcript of the audiovisual recording of the recorded statement is also admissible as evidence in the criminal proceeding, to the same extent and to the same effect as the recorded statement.[19/2018]
(3) Where in any criminal proceeding a recorded statement of a person, or a transcript of the audiovisual recording of a recorded statement of a person, is admitted in evidence under this section, 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.[19/2018]
(4) Unless the court directs otherwise —(a)
the audiovisual recording of so much of a recorded statement as is admitted in evidence under this section must be displayed at the hearing; and
(b)
so much of a transcript as is admitted in evidence under this section must be read aloud at the hearing.[19/2018]
(5) Where the court directs under subsection (4) that any part of the audiovisual recording of a recorded statement admitted in evidence under this section need not be displayed at the hearing, the court may also direct that an account be given orally of the part of the audiovisual recording that is not displayed.[19/2018]
(6) Where the court directs under subsection (4) that any part of a transcript admitted in evidence under this section need not be read aloud at the hearing, the court may also direct that an account be given orally of the part of the transcript that is not read aloud.[19/2018]
(7) Where a document or an object is referred to as an exhibit and identified in a recorded statement of a person, or in a transcript of the audiovisual recording of a recorded statement of a person, and the recorded statement or transcript (as the case may be) is admitted in evidence under this section, the document or object must be treated as if the document or object had been produced as an exhibit and identified in court by the person.[19/2018]
(8) Where a document is referred to as an exhibit in a recorded statement, or in a transcript of the audiovisual recording of a recorded statement, and the recorded statement or transcript (as the case may be) is admitted in evidence under this section, the prosecution must —(a)
serve a copy of that document on the defence; or
(b)
allow the defence to inspect that document or a copy of that document.[19/2018]
(9) In this section, “domestic worker” and “member of the employer’s household” have the meanings given by section 73(4) of the Penal Code 1871.[15/2019]
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 the person’s possession stolen property, evidence may be given at any stage of the proceedings that there was found in the person’s 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 the person’s possession stolen property; and
(b)
evidence is given that the stolen property was found in the person’s possession,
then, if the person 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 the accused’s 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.
—(1) Where —(a)
proceedings are taken against a person for having received goods knowing them to be stolen or for having in the person’s possession stolen property; and
(b)
evidence is given that the stolen property was found in the person’s possession,
then, if the person 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 the accused’s 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 is, as against that party, 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 or her advocate; and
(e)
if made before the trial by an accused who is an individual, must be approved by his or her advocate before or at the proceedings in question.
(3) An admission under this section for the purpose of proceedings relating to any matter is 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 permission of the court be withdrawn in the proceedings for which it is made or any subsequent criminal proceedings relating to the same matter.[Act 25 of 2021 wef 01/04/2022]
—(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 is, as against that party, 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 or her advocate; and
(e)
if made before the trial by an accused who is an individual, must be approved by his or her advocate before or at the proceedings in question.
(3) An admission under this section for the purpose of proceedings relating to any matter is 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 permission of the court be withdrawn in the proceedings for which it is made or any subsequent criminal proceedings relating to the same matter.[Act 25 of 2021 wef 01/04/2022]
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 1893, or any other written law.
Opinion of expert in criminal proceedings
269.—(1) In any criminal proceedings, an opinion of an expert on a point of scientific, technical or other specialised knowledge is admissible as evidence to the extent that it is so admissible by this Code, the Evidence Act 1893*, the Criminal Procedure Rules or any other written law.(2) The Criminal Procedure Rules may prescribe —(a)
the duties of an expert;
(b)
how an opinion of an expert on a point of scientific, technical or other specialised knowledge is to be adduced in evidence; and
(c)
the requirements for any such opinion to be used in evidence.[Act 19 of 2018 wef 31/12/2025]
[*Updated to be construed with the 2020 Revised Edition]
—(1) In any criminal proceedings, an opinion of an expert on a point of scientific, technical or other specialised knowledge is admissible as evidence to the extent that it is so admissible by this Code, the Evidence Act 1893*, the Criminal Procedure Rules or any other written law.
(2) The Criminal Procedure Rules may prescribe —(a)
the duties of an expert;
(b)
how an opinion of an expert on a point of scientific, technical or other specialised knowledge is to be adduced in evidence; and
(c)
the requirements for any such opinion to be used in evidence.[Act 19 of 2018 wef 31/12/2025]
[*Updated to be construed with the 2020 Revised Edition]
Opinion of psychiatrist in criminal proceedings
270.—(1) In any criminal proceedings, an opinion of a psychiatrist on any matter concerning psychiatry (when given as the opinion of an expert) is not admissible as evidence, unless the psychiatrist is a member of the panel of psychiatrists (called in this section the Panel) established for the purposes of this section.(2) A Selection Committee may appoint, or renew the appointment of, a psychiatrist as a member of the Panel, for a period not exceeding 2 years at a time, if the psychiatrist applies in such manner, and satisfies such requirements, as may be prescribed in the Criminal Procedure Rules.
(3) In deciding whether to appoint, or to renew the appointment of, a psychiatrist as a member of the Panel, the Selection Committee must consider such matters as may be prescribed in the Criminal Procedure Rules.
(4) The Selection Committee may revoke the appointment of a psychiatrist as a member of the Panel in such circumstances as may be prescribed by the Criminal Procedure Rules.
(5) Any psychiatrist who is aggrieved by any decision of the Selection Committee mentioned in the following paragraphs may appeal to the Chief Justice within such period, and in such manner, as may be prescribed by the Criminal Procedure Rules:(a)
a decision not to appoint the psychiatrist as a member of the Panel;
(b)
a decision not to renew the appointment of the psychiatrist as a member of the Panel;
(c)
a decision to revoke the appointment of the psychiatrist as a member of the Panel.
(6) The decision of the Chief Justice on an appeal under subsection (5) is final.
(7) Where the appointment of a psychiatrist as a member of the Panel is revoked under subsection (4), the psychiatrist cannot be re‑appointed as a member of the Panel until such period as may be specified in the Criminal Procedure Rules has passed.
(8) The Selection Committee consists of the following persons:(a)
a Supreme Court Judge, who is nominated by the Chief Justice for such period as the Chief Justice may determine, and who is the chairperson of the Committee;[Act 40 of 2019 wef 31/12/2025]
(b)
a District Judge, who is nominated by the Chief Justice for such period as the Chief Justice may determine;
(c)
a public officer, who is nominated by the Minister charged with the responsibility for health.
(9) All members of the Selection Committee must be present to constitute a quorum for a meeting of the Committee.
(10) Each member of the Selection Committee has one vote.
(11) A decision is adopted by the Selection Committee at a meeting if a majority of the votes cast on it are in favour of it.
(12) A member present at a meeting of the Selection Committee is presumed to have agreed to, and to have cast a vote in favour of, a decision of the Committee, unless the member expressly votes against the decision at the meeting.
(13) The members may, in place of the procedure described in subsections (11) and (12), adopt a decision by assenting to the decision in writing, if —(a)
all of the members are given (whether by post, personal delivery or electronic communication) the terms of the decision to be made; and
(b)
a majority of those members who are entitled to vote on the matter sign or approve a document containing the terms of the decision to be made and a statement that they are in favour of those terms.
(14) Where subsection (13) applies, the decision is deemed to have been adopted at a meeting of the Selection Committee on the date on which the document containing the terms of the decision to be made is signed or approved by the last member required to form the majority of members in favour of the decision.[Act 19 of 2018 wef 31/12/2025]
(15) No action, suit or other legal proceedings shall lie against the Chief Justice, the Selection Committee or any member of the Selection Committee in respect of an act or a thing done under this section.[Act 5 of 2024 wef 31/12/2025]
—(1) In any criminal proceedings, an opinion of a psychiatrist on any matter concerning psychiatry (when given as the opinion of an expert) is not admissible as evidence, unless the psychiatrist is a member of the panel of psychiatrists (called in this section the Panel) established for the purposes of this section.
(2) A Selection Committee may appoint, or renew the appointment of, a psychiatrist as a member of the Panel, for a period not exceeding 2 years at a time, if the psychiatrist applies in such manner, and satisfies such requirements, as may be prescribed in the Criminal Procedure Rules.
(3) In deciding whether to appoint, or to renew the appointment of, a psychiatrist as a member of the Panel, the Selection Committee must consider such matters as may be prescribed in the Criminal Procedure Rules.
(4) The Selection Committee may revoke the appointment of a psychiatrist as a member of the Panel in such circumstances as may be prescribed by the Criminal Procedure Rules.
(5) Any psychiatrist who is aggrieved by any decision of the Selection Committee mentioned in the following paragraphs may appeal to the Chief Justice within such period, and in such manner, as may be prescribed by the Criminal Procedure Rules:(a)
a decision not to appoint the psychiatrist as a member of the Panel;
(b)
a decision not to renew the appointment of the psychiatrist as a member of the Panel;
(c)
a decision to revoke the appointment of the psychiatrist as a member of the Panel.
(6) The decision of the Chief Justice on an appeal under subsection (5) is final.
(7) Where the appointment of a psychiatrist as a member of the Panel is revoked under subsection (4), the psychiatrist cannot be re‑appointed as a member of the Panel until such period as may be specified in the Criminal Procedure Rules has passed.
(8) The Selection Committee consists of the following persons:(a)
a Supreme Court Judge, who is nominated by the Chief Justice for such period as the Chief Justice may determine, and who is the chairperson of the Committee;[Act 40 of 2019 wef 31/12/2025]
(b)
a District Judge, who is nominated by the Chief Justice for such period as the Chief Justice may determine;
(c)
a public officer, who is nominated by the Minister charged with the responsibility for health.
(9) All members of the Selection Committee must be present to constitute a quorum for a meeting of the Committee.
(10) Each member of the Selection Committee has one vote.
(11) A decision is adopted by the Selection Committee at a meeting if a majority of the votes cast on it are in favour of it.
(12) A member present at a meeting of the Selection Committee is presumed to have agreed to, and to have cast a vote in favour of, a decision of the Committee, unless the member expressly votes against the decision at the meeting.
(13) The members may, in place of the procedure described in subsections (11) and (12), adopt a decision by assenting to the decision in writing, if —(a)
all of the members are given (whether by post, personal delivery or electronic communication) the terms of the decision to be made; and
(b)
a majority of those members who are entitled to vote on the matter sign or approve a document containing the terms of the decision to be made and a statement that they are in favour of those terms.
(14) Where subsection (13) applies, the decision is deemed to have been adopted at a meeting of the Selection Committee on the date on which the document containing the terms of the decision to be made is signed or approved by the last member required to form the majority of members in favour of the decision.[Act 19 of 2018 wef 31/12/2025]
(15) No action, suit or other legal proceedings shall lie against the Chief Justice, the Selection Committee or any member of the Selection Committee in respect of an act or a thing done under this section.[Act 5 of 2024 wef 31/12/2025]
Notice of alibi
278.—(1) In any trial, the accused may not, without the permission of the court, offer evidence in support of an alibi unless the accused gives notice of particulars of the alibi.[Act 25 of 2021 wef 01/04/2022]
(2) Without affecting subsection (1), the accused may not call a witness to give such evidence without the permission 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 the accused gives the notice, any information the accused 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, the accused immediately gives notice of the name, address or other information, as the case may be;
(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 the accused has or later receives.[Act 25 of 2021 wef 01/04/2022]
(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 the accused’s 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 the accused 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 the officer to forward to the Public Prosecutor, within 14 days from the date the accused is charged in court for the first time with the offence for which the accused 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 the Public Prosecutor, or left at his or her office, or sent in a registered letter addressed to the Public Prosecutor at his or her 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 the accused’s advocate is entitled to be present at the interview.
(9) The court may not refuse permission under this section if no advocate appears to have been instructed to act for the accused at any time before the accused’s trial and if it is satisfied that the accused was unaware of the provisions of this section.[Act 25 of 2021 wef 01/04/2022]
(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 the accused was not, or was unlikely to have been, at the place where the offence was committed at the relevant time.
—(1) In any trial, the accused may not, without the permission of the court, offer evidence in support of an alibi unless the accused gives notice of particulars of the alibi.[Act 25 of 2021 wef 01/04/2022]
(2) Without affecting subsection (1), the accused may not call a witness to give such evidence without the permission 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 the accused gives the notice, any information the accused 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, the accused immediately gives notice of the name, address or other information, as the case may be;
(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 the accused has or later receives.[Act 25 of 2021 wef 01/04/2022]
(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 the accused’s 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 the accused 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 the officer to forward to the Public Prosecutor, within 14 days from the date the accused is charged in court for the first time with the offence for which the accused 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 the Public Prosecutor, or left at his or her office, or sent in a registered letter addressed to the Public Prosecutor at his or her 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 the accused’s advocate is entitled to be present at the interview.
(9) The court may not refuse permission under this section if no advocate appears to have been instructed to act for the accused at any time before the accused’s trial and if it is satisfied that the accused was unaware of the provisions of this section.[Act 25 of 2021 wef 01/04/2022]
(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 the accused was not, or was unlikely to have been, at the place where the offence was committed at the relevant time.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
