Power of Magistrate to record statements
280.—(1) A Magistrate may record a statement made to him or her at any time before a trial begins.(2) The statement must be recorded in full, and a question asked by the Magistrate and the answer given to him or her must be clearly shown as being a question and answer.
(3) The Magistrate must not record the statement if, on questioning the person making it, the Magistrate does not believe it was made voluntarily.
(4) The Magistrate must make a note at the foot of this record as follows:
“I believe that this statement was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it. The maker of the statement has admitted that it is correct and contains a full and true account of what he/she said.
(Signed)
A.B.
Magistrate”.
(5) If the person making the statement does not understand English, the proceedings must be interpreted for the person in his or her own language or in a language he or she understands, and the note mentioned in subsection (4) must be signed by the Magistrate and by the interpreter.
(6) Taking and recording a statement disqualifies the Magistrate who has taken and recorded it from trying the case.
(7) If an accused’s confession recorded under this section is presented to a court as evidence, but the court finds that the Magistrate recording the statement did not fully comply with this section, it must take evidence as to whether the accused duly made the statement recorded and, if it is satisfied of that, it must admit the statement in evidence if the error has not prejudiced the accused’s defence on the merits.
—(1) A Magistrate may record a statement made to him or her at any time before a trial begins.
(2) The statement must be recorded in full, and a question asked by the Magistrate and the answer given to him or her must be clearly shown as being a question and answer.
(3) The Magistrate must not record the statement if, on questioning the person making it, the Magistrate does not believe it was made voluntarily.
(4) The Magistrate must make a note at the foot of this record as follows:
“I believe that this statement was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it. The maker of the statement has admitted that it is correct and contains a full and true account of what he/she said.
(Signed)
A.B.
Magistrate”.
(5) If the person making the statement does not understand English, the proceedings must be interpreted for the person in his or her own language or in a language he or she understands, and the note mentioned in subsection (4) must be signed by the Magistrate and by the interpreter.
(6) Taking and recording a statement disqualifies the Magistrate who has taken and recorded it from trying the case.
(7) If an accused’s confession recorded under this section is presented to a court as evidence, but the court finds that the Magistrate recording the statement did not fully comply with this section, it must take evidence as to whether the accused duly made the statement recorded and, if it is satisfied of that, it must admit the statement in evidence if the error has not prejudiced the accused’s defence on the merits.
Evidence through video or television links
281.—(1) Despite any provision of this Code or of any other written law, but subject to the provisions of this section, the court may allow the evidence of a person in Singapore (except the accused) to be given through a live video or live television link in any trial, inquiry, appeal or other proceedings if —(a)
the witness is below 18 years of age;
(b)
the offence charged is an offence specified in subsection (2);
(c)
the court is satisfied, having regard to matters prescribed by the Criminal Procedure Rules, that it is in the interests of justice to do so; or[Act 25 of 2021 wef 01/04/2022]
(d)
the Minister certifies that it is in the public interest to do so.[30/2019]
(2) The offences for the purposes of subsection (1)(b) are —(a)
an offence that involves an assault on or injury or a threat of injury to persons, including an offence under sections 319 to 338 of the Penal Code 1871;
(aa)
an offence under section 356, 357 or 358 of the Penal Code 1871;
(b)
a child abuse offence;
(c)
an offence under section 28(2) of the Children and Young Persons Act 1993;
(ca)
an offence punishable under the Organised Crime Act 2015;
(d)
a sexual offence;
(da)
an offence under section 169(3) of the Women’s Charter 1961; and
(e)
any other offence that the Minister may, after consulting the Chief Justice, prescribe.[26/2015; 19/2018; 15/2019]
(2A) [Deleted by Act 25 of 2021 wef 01/04/2022]
(3) Despite any provision of this Code or of any other written law, unless the court directs otherwise, while an accused is in remand in Singapore, the accused is to appear before the court through a live video or live television link in any of the following proceedings:(a)
proceedings for an application for bail or release on personal bond at any time after the accused is first produced before a Magistrate pursuant to Article 9(4) of the Constitution;
(b)
proceedings for an extension of the remand of the accused under section 238;
(c)
proceedings for a State Court to record a plea of guilty from the accused, and to convict the accused;
(d)
proceedings in a State Court for the sentencing of the accused, after the conviction of the accused in earlier proceedings;
(e)
any other proceedings that the Minister may prescribe by regulations under this section, after consulting the Chief Justice.[19/2018]
(4) Despite any provision of this Code or of any other written law but subject to subsection (5), an accused may appear before the court through a live video or live television link while in remand in Singapore in proceedings for an application for remand or for bail or for release on personal bond when the accused is first produced before a Magistrate pursuant to Article 9(4) of the Constitution.[Act 25 of 2021 wef 01/04/2022]
(5) A court may, if it considers it necessary, either on its own motion or on the application of an accused, require an accused to be produced in person before it in proceedings mentioned in subsection (4) or (5A).[Act 25 of 2021 wef 01/04/2022]
(5A) Despite any provision of this Code or of any other written law, a court may, in any court proceedings (whether a trial, an inquiry, an appeal or other court proceedings), if the court is satisfied that it is in the interests of justice and that sufficient administrative and technical facilities and arrangements are made at the place from which an accused person is to give evidence or to appear, allow the accused person to give evidence or to appear (other than to give evidence) by means of a live video or live television link from —(a)
a place within a court, a prison, an approved centre or an approved institution in Singapore; or
(b)
any other place in Singapore —(i)
in proceedings where all parties consent to the accused person giving evidence or appearing from that place; or
(ii)
in any other proceedings that the Minister may prescribe by regulations under this section, after consulting the Chief Justice.[Act 25 of 2021 wef 01/04/2022]
(5B) Despite any provision of this Code or of any other written law, a court may, in any court proceedings (whether a trial, an inquiry, an appeal or other court proceedings), allow a witness (not being the accused) who is not in Singapore to give evidence from a place that is not in Singapore by means of a live video or live television link, if —(a)
the court is satisfied that allowing the witness to give evidence from a place that is not in Singapore by means of a live video or live television link would be in the interests of justice;
(b)
the court is satisfied that sufficient administrative and technical facilities and arrangements are made at the place from which the witness is to give evidence; and
(c)
any one of the following conditions is satisfied:(i)
the witness is an expert witness;
(ii)
the witness is a witness of fact and all parties consent to the witness giving evidence from outside Singapore;
(iii)
the witness —(A)
is a witness of fact;
(B)
is unable to give evidence from a place in Singapore; and
(C)
has —(CA)
sworn an affidavit in the manner provided in section 262(1) containing the evidence which the witness proposes to give to the court;
(CB)
made a statutory declaration in the manner provided in section 11 or 12 of the Oaths and Declarations Act 2001† containing the evidence which the witness proposes to give to the court; or
(CC)
made a statement under section 264 containing the evidence which the witness proposes to give to the court.[Act 25 of 2021 wef 01/04/2022]
[†Updated to be consistent with the 2020 Revised Edition]
(5C) For the purposes of subsection (5B)(c)(iii)(B), a witness is not unable to give evidence from a place in Singapore merely because —(a)
the witness fears arrest in Singapore or in any other jurisdiction;
(b)
the witness fears prosecution in Singapore or in any other jurisdiction; or
(c)
a warrant of arrest has been issued against the witness in Singapore or in any other jurisdiction.[Act 25 of 2021 wef 01/04/2022]
(6) In exercising its powers under subsection (1), (3), (4), (5A) or (5B), the court may make an order on all or any of the following matters:(a)
the persons who may be present at the place with the witness;
(b)
that a person be kept away from the place while the witness is giving evidence;
(c)
the persons in the courtroom who must be able to be heard, or seen and heard, by the witness and by the persons with the witness;
(d)
the persons in the courtroom who must not be able to be heard, or seen and heard, by the witness and by the persons with the witness;
(e)
the persons in the courtroom who must be able to see and hear the witness and the persons with the witness;
(f)
the stages in the proceedings during which a specified part of the order is to apply;
(g)
the method of operation of the live video or live television link system including compliance with such minimum technical standards as the Chief Justice may determine;
(h)
any other order that the court considers necessary in the interests of justice;[Act 25 of 2021 wef 01/04/2022]
(i)
any other matter prescribed by the Criminal Procedure Rules.[Act 25 of 2021 wef 01/04/2022]
(7) The court may revoke, suspend or vary an order made under this section if —(a)
the live video or live television link system stops working and it would cause unreasonable delay to wait until a working system becomes available;
(b)
it is necessary for the court to do so to comply with its duty to ensure fairness in the proceedings;
(c)
it is necessary for the court to do so in order that the witness can identify a person or a thing or so that the witness can participate in or view a demonstration or an experiment;
(d)
it is necessary for the court to do so because part of the proceedings is being heard outside a courtroom;[Act 25 of 2021 wef 01/04/2022]
(e)
there has been a material change in the circumstances after the court has made the order;[Act 25 of 2021 wef 01/04/2022]
(f)
any conditions prescribed by the Criminal Procedure Rules for the purposes of this subsection are met.[Act 25 of 2021 wef 01/04/2022]
(8) The court must not make an order under this section, or include a particular provision in such an order, if to do so would be inconsistent with its duty to ensure that the proceedings are conducted fairly to all parties.
(8A) In making any order under this section, or any particular provision in such an order, a court is to have regard to matters prescribed by the Criminal Procedure Rules.[Act 25 of 2021 wef 01/04/2022]
(9) An order made under this section does not cease to apply merely because the person in respect of whom it was made reaches 18 years of age before the proceedings in which it was made are finally concluded.[30/2019]
(10) When a witness gives evidence in proceedings through a live video or live television link under this section, the evidence is to be regarded for the purposes of sections 193, 194, 195, 196 and 205 of the Penal Code 1871 as having been given in those proceedings.[15/2019]
[Act 25 of 2021 wef 01/04/2022]
(11) If a witness gives evidence in accordance with this section, for the purposes of this Code and the Evidence Act 1893, the witness is regarded as giving evidence in the presence of the court and the accused, as the case may be.
(12) In subsections (6), (10) and (11), a reference to “witness” includes a reference to an accused who appears before a court through a live video or live television link under subsection (3), (4) or (5A).[Act 25 of 2021 wef 01/04/2022]
(13) An accused person is deemed to attend court at the place appointed for the accused to do so, if the accused person appears before the court in accordance with subsection (5A).[Act 25 of 2021 wef 01/04/2022]
(14) Criminal Procedure Rules may be made under section 428A to give effect to this section and for prescribing anything that may be prescribed under this section.[Act 25 of 2021 wef 01/04/2022]
(15) The Minister may, after consulting the Chief Justice, make regulations to prescribe any offence for the purposes of subsection (2)(e) or any proceedings for the purposes of subsection (3)(e) or (5A)(b)(ii).[Act 25 of 2021 wef 01/04/2022]
(16) In this section —“approved centre” means an approved centre declared under section 18 of the Intoxicating Substances Act 1987†;
“approved institution” means an approved institution declared under section 35 of the Misuse of Drugs Act 1973†;
“live video or live television link” means a live video or live television link that is created using an electronic communication technology approved by the Chief Justice.[Act 25 of 2021 wef 01/04/2022]
[†Updated to be consistent with the 2020 Revised Edition]
—(1) Despite any provision of this Code or of any other written law, but subject to the provisions of this section, the court may allow the evidence of a person in Singapore (except the accused) to be given through a live video or live television link in any trial, inquiry, appeal or other proceedings if —(a)
the witness is below 18 years of age;
(b)
the offence charged is an offence specified in subsection (2);
(c)
the court is satisfied, having regard to matters prescribed by the Criminal Procedure Rules, that it is in the interests of justice to do so; or[Act 25 of 2021 wef 01/04/2022]
(d)
the Minister certifies that it is in the public interest to do so.[30/2019]
(2) The offences for the purposes of subsection (1)(b) are —(a)
an offence that involves an assault on or injury or a threat of injury to persons, including an offence under sections 319 to 338 of the Penal Code 1871;
(aa)
an offence under section 356, 357 or 358 of the Penal Code 1871;
(b)
a child abuse offence;
(c)
an offence under section 28(2) of the Children and Young Persons Act 1993;
(ca)
an offence punishable under the Organised Crime Act 2015;
(d)
a sexual offence;
(da)
an offence under section 169(3) of the Women’s Charter 1961; and
(e)
any other offence that the Minister may, after consulting the Chief Justice, prescribe.[26/2015; 19/2018; 15/2019]
(2A) [Deleted by Act 25 of 2021 wef 01/04/2022]
(3) Despite any provision of this Code or of any other written law, unless the court directs otherwise, while an accused is in remand in Singapore, the accused is to appear before the court through a live video or live television link in any of the following proceedings:(a)
proceedings for an application for bail or release on personal bond at any time after the accused is first produced before a Magistrate pursuant to Article 9(4) of the Constitution;
(b)
proceedings for an extension of the remand of the accused under section 238;
(c)
proceedings for a State Court to record a plea of guilty from the accused, and to convict the accused;
(d)
proceedings in a State Court for the sentencing of the accused, after the conviction of the accused in earlier proceedings;
(e)
any other proceedings that the Minister may prescribe by regulations under this section, after consulting the Chief Justice.[19/2018]
(4) Despite any provision of this Code or of any other written law but subject to subsection (5), an accused may appear before the court through a live video or live television link while in remand in Singapore in proceedings for an application for remand or for bail or for release on personal bond when the accused is first produced before a Magistrate pursuant to Article 9(4) of the Constitution.[Act 25 of 2021 wef 01/04/2022]
(5) A court may, if it considers it necessary, either on its own motion or on the application of an accused, require an accused to be produced in person before it in proceedings mentioned in subsection (4) or (5A).[Act 25 of 2021 wef 01/04/2022]
(5A) Despite any provision of this Code or of any other written law, a court may, in any court proceedings (whether a trial, an inquiry, an appeal or other court proceedings), if the court is satisfied that it is in the interests of justice and that sufficient administrative and technical facilities and arrangements are made at the place from which an accused person is to give evidence or to appear, allow the accused person to give evidence or to appear (other than to give evidence) by means of a live video or live television link from —(a)
a place within a court, a prison, an approved centre or an approved institution in Singapore; or
(b)
any other place in Singapore —(i)
in proceedings where all parties consent to the accused person giving evidence or appearing from that place; or
(ii)
in any other proceedings that the Minister may prescribe by regulations under this section, after consulting the Chief Justice.[Act 25 of 2021 wef 01/04/2022]
(5B) Despite any provision of this Code or of any other written law, a court may, in any court proceedings (whether a trial, an inquiry, an appeal or other court proceedings), allow a witness (not being the accused) who is not in Singapore to give evidence from a place that is not in Singapore by means of a live video or live television link, if —(a)
the court is satisfied that allowing the witness to give evidence from a place that is not in Singapore by means of a live video or live television link would be in the interests of justice;
(b)
the court is satisfied that sufficient administrative and technical facilities and arrangements are made at the place from which the witness is to give evidence; and
(c)
any one of the following conditions is satisfied:(i)
the witness is an expert witness;
(ii)
the witness is a witness of fact and all parties consent to the witness giving evidence from outside Singapore;
(iii)
the witness —(A)
is a witness of fact;
(B)
is unable to give evidence from a place in Singapore; and
(C)
has —(CA)
sworn an affidavit in the manner provided in section 262(1) containing the evidence which the witness proposes to give to the court;
(CB)
made a statutory declaration in the manner provided in section 11 or 12 of the Oaths and Declarations Act 2001† containing the evidence which the witness proposes to give to the court; or
(CC)
made a statement under section 264 containing the evidence which the witness proposes to give to the court.[Act 25 of 2021 wef 01/04/2022]
[†Updated to be consistent with the 2020 Revised Edition]
(5C) For the purposes of subsection (5B)(c)(iii)(B), a witness is not unable to give evidence from a place in Singapore merely because —(a)
the witness fears arrest in Singapore or in any other jurisdiction;
(b)
the witness fears prosecution in Singapore or in any other jurisdiction; or
(c)
a warrant of arrest has been issued against the witness in Singapore or in any other jurisdiction.[Act 25 of 2021 wef 01/04/2022]
(6) In exercising its powers under subsection (1), (3), (4), (5A) or (5B), the court may make an order on all or any of the following matters:(a)
the persons who may be present at the place with the witness;
(b)
that a person be kept away from the place while the witness is giving evidence;
(c)
the persons in the courtroom who must be able to be heard, or seen and heard, by the witness and by the persons with the witness;
(d)
the persons in the courtroom who must not be able to be heard, or seen and heard, by the witness and by the persons with the witness;
(e)
the persons in the courtroom who must be able to see and hear the witness and the persons with the witness;
(f)
the stages in the proceedings during which a specified part of the order is to apply;
(g)
the method of operation of the live video or live television link system including compliance with such minimum technical standards as the Chief Justice may determine;
(h)
any other order that the court considers necessary in the interests of justice;[Act 25 of 2021 wef 01/04/2022]
(i)
any other matter prescribed by the Criminal Procedure Rules.[Act 25 of 2021 wef 01/04/2022]
(7) The court may revoke, suspend or vary an order made under this section if —(a)
the live video or live television link system stops working and it would cause unreasonable delay to wait until a working system becomes available;
(b)
it is necessary for the court to do so to comply with its duty to ensure fairness in the proceedings;
(c)
it is necessary for the court to do so in order that the witness can identify a person or a thing or so that the witness can participate in or view a demonstration or an experiment;
(d)
it is necessary for the court to do so because part of the proceedings is being heard outside a courtroom;[Act 25 of 2021 wef 01/04/2022]
(e)
there has been a material change in the circumstances after the court has made the order;[Act 25 of 2021 wef 01/04/2022]
(f)
any conditions prescribed by the Criminal Procedure Rules for the purposes of this subsection are met.[Act 25 of 2021 wef 01/04/2022]
(8) The court must not make an order under this section, or include a particular provision in such an order, if to do so would be inconsistent with its duty to ensure that the proceedings are conducted fairly to all parties.
(8A) In making any order under this section, or any particular provision in such an order, a court is to have regard to matters prescribed by the Criminal Procedure Rules.[Act 25 of 2021 wef 01/04/2022]
(9) An order made under this section does not cease to apply merely because the person in respect of whom it was made reaches 18 years of age before the proceedings in which it was made are finally concluded.[30/2019]
(10) When a witness gives evidence in proceedings through a live video or live television link under this section, the evidence is to be regarded for the purposes of sections 193, 194, 195, 196 and 205 of the Penal Code 1871 as having been given in those proceedings.[15/2019]
[Act 25 of 2021 wef 01/04/2022]
(11) If a witness gives evidence in accordance with this section, for the purposes of this Code and the Evidence Act 1893, the witness is regarded as giving evidence in the presence of the court and the accused, as the case may be.
(12) In subsections (6), (10) and (11), a reference to “witness” includes a reference to an accused who appears before a court through a live video or live television link under subsection (3), (4) or (5A).[Act 25 of 2021 wef 01/04/2022]
(13) An accused person is deemed to attend court at the place appointed for the accused to do so, if the accused person appears before the court in accordance with subsection (5A).[Act 25 of 2021 wef 01/04/2022]
(14) Criminal Procedure Rules may be made under section 428A to give effect to this section and for prescribing anything that may be prescribed under this section.[Act 25 of 2021 wef 01/04/2022]
(15) The Minister may, after consulting the Chief Justice, make regulations to prescribe any offence for the purposes of subsection (2)(e) or any proceedings for the purposes of subsection (3)(e) or (5A)(b)(ii).[Act 25 of 2021 wef 01/04/2022]
(16) In this section —“approved centre” means an approved centre declared under section 18 of the Intoxicating Substances Act 1987†;
“approved institution” means an approved institution declared under section 35 of the Misuse of Drugs Act 1973†;
“live video or live television link” means a live video or live television link that is created using an electronic communication technology approved by the Chief Justice.[Act 25 of 2021 wef 01/04/2022]
[†Updated to be consistent with the 2020 Revised Edition]
Measures to prevent witness from seeing accused
281A.—(1) Despite any provision of this Code or any other written law, but subject to this section, the court may make an order allowing a witness to give evidence while prevented by a shielding measure from seeing the accused, if —(a)
the witness is below 18 years of age;
(b)
the witness is the alleged victim of a sexual offence or child abuse offence that the accused is charged with; or
(c)
the court is satisfied that —(i)
either or both of the following apply:(A)
the witness is afraid of the accused, or of giving evidence in the presence of the accused;
(B)
the witness will be distressed if the witness is required to give evidence in the presence of the accused; and
(ii)
the reliability of the witness’ evidence will be diminished by such fear or distress, as the case may be.[19/2018; 30/2019]
(2) The shielding measure must not prevent the witness from being able to see, and to be seen by, any of the following:(a)
the court;
(b)
the prosecutor;
(c)
any advocate representing the accused;
(d)
any interpreter or other person appointed to assist the witness.[19/2018]
(3) An order under subsection (1) does not cease to apply merely because the witness in respect of whom the order was made reaches 16 years of age before the proceedings in which the order was made are finally concluded.[19/2018]
(4) If a witness gives evidence in accordance with this section, for the purposes of this Code and the Evidence Act 1893, the witness is regarded as giving evidence in the presence of the accused.[19/2018]
(5) In this section, “shielding measure” means a screen or any other arrangement in a courtroom that prevents a witness from seeing the accused.[19/2018]
—(1) Despite any provision of this Code or any other written law, but subject to this section, the court may make an order allowing a witness to give evidence while prevented by a shielding measure from seeing the accused, if —(a)
the witness is below 18 years of age;
(b)
the witness is the alleged victim of a sexual offence or child abuse offence that the accused is charged with; or
(c)
the court is satisfied that —(i)
either or both of the following apply:(A)
the witness is afraid of the accused, or of giving evidence in the presence of the accused;
(B)
the witness will be distressed if the witness is required to give evidence in the presence of the accused; and
(ii)
the reliability of the witness’ evidence will be diminished by such fear or distress, as the case may be.[19/2018; 30/2019]
(2) The shielding measure must not prevent the witness from being able to see, and to be seen by, any of the following:(a)
the court;
(b)
the prosecutor;
(c)
any advocate representing the accused;
(d)
any interpreter or other person appointed to assist the witness.[19/2018]
(3) An order under subsection (1) does not cease to apply merely because the witness in respect of whom the order was made reaches 16 years of age before the proceedings in which the order was made are finally concluded.[19/2018]
(4) If a witness gives evidence in accordance with this section, for the purposes of this Code and the Evidence Act 1893, the witness is regarded as giving evidence in the presence of the accused.[19/2018]
(5) In this section, “shielding measure” means a screen or any other arrangement in a courtroom that prevents a witness from seeing the accused.[19/2018]
Evidence to be given in private in certain cases
281B.—(1) Despite any provision of any other written law but subject to subsection (2), in any case where the accused is charged with a sexual offence or child abuse offence, the court must order that the evidence of a witness be given in private, if —(a)
the witness is the alleged victim of that offence; and
(b)
the witness does not elect to give evidence in an open and public court to which the public generally may have access.[19/2018]
[Act 25 of 2021 wef 01/04/2022]
(2) Subsection (1) does not apply to a matter or proceeding if —(a)
any other written law requires the matter or proceeding to be heard in private; or[Act 25 of 2021 wef 01/04/2022]
(b)
the court has ordered, under any other written law, that the matter or proceeding be heard in private.[19/2018]
[Act 25 of 2021 wef 01/04/2022]
—(1) Despite any provision of any other written law but subject to subsection (2), in any case where the accused is charged with a sexual offence or child abuse offence, the court must order that the evidence of a witness be given in private, if —(a)
the witness is the alleged victim of that offence; and
(b)
the witness does not elect to give evidence in an open and public court to which the public generally may have access.[19/2018]
[Act 25 of 2021 wef 01/04/2022]
(2) Subsection (1) does not apply to a matter or proceeding if —(a)
any other written law requires the matter or proceeding to be heard in private; or[Act 25 of 2021 wef 01/04/2022]
(b)
the court has ordered, under any other written law, that the matter or proceeding be heard in private.[19/2018]
[Act 25 of 2021 wef 01/04/2022]
