Attendance of prisoner as witness
282.—(1) Where the presence of any person detained in a prison in Singapore is required in any court, that court may issue a warrant addressed to the officer in charge of the prison requiring the officer to produce that person before the court in proper custody at the time and place named in the warrant and from time to time if the hearing is adjourned.(2) The officer in charge of the prison must have the person named in the warrant brought to court as directed and must arrange for the person’s safe custody during his or her absence from prison.
(3) A warrant must bear the seal of the court and be signed by the Registrar of the Supreme Court, Registrar of the State Courts, District Judge or Magistrate, as the case may be.[5/2014]
—(1) Where the presence of any person detained in a prison in Singapore is required in any court, that court may issue a warrant addressed to the officer in charge of the prison requiring the officer to produce that person before the court in proper custody at the time and place named in the warrant and from time to time if the hearing is adjourned.
(2) The officer in charge of the prison must have the person named in the warrant brought to court as directed and must arrange for the person’s safe custody during his or her absence from prison.
(3) A warrant must bear the seal of the court and be signed by the Registrar of the Supreme Court, Registrar of the State Courts, District Judge or Magistrate, as the case may be.[5/2014]
Power of court to summon and examine persons
283.—(1) A court may, on its own motion or on the application of the prosecution or the defence, at the close of the case for the defence, or at the end of any proceeding under this Code, summon a person as a witness or examine a person in attendance as a witness, whether or not summoned, or recall and re‑examine a person already examined.(2) The court must summon and examine or recall and re‑examine such a person if it thinks the person’s evidence is essential to making a just decision in the case.
(3) The exercise by a court of its power under subsection (1) is not a ground for appeal, or for revision, unless the appellant or the applicant (as the case may be) shows that the examination has led to a failure of justice.
—(1) A court may, on its own motion or on the application of the prosecution or the defence, at the close of the case for the defence, or at the end of any proceeding under this Code, summon a person as a witness or examine a person in attendance as a witness, whether or not summoned, or recall and re‑examine a person already examined.
(2) The court must summon and examine or recall and re‑examine such a person if it thinks the person’s evidence is essential to making a just decision in the case.
(3) The exercise by a court of its power under subsection (1) is not a ground for appeal, or for revision, unless the appellant or the applicant (as the case may be) shows that the examination has led to a failure of justice.
When person bound to give evidence intends to leave Singapore
284.—(1) If a court is satisfied that any witness subject to a bond or is otherwise bound or about to be bound to give evidence in a trial intends to leave Singapore and that the ends of justice would probably be defeated if that person were not present at the trial to give evidence, it may, upon the application of the Public Prosecutor or accused, commit that person to prison until the trial or until that person gives satisfactory security that he or she will give evidence at the trial, or complies with any other conditions that may be imposed by the court.(2) Before making the order, the court must be satisfied that the party making the application has made adequate provision for the person’s maintenance and for compensating the person for his or her detention and loss of time.
—(1) If a court is satisfied that any witness subject to a bond or is otherwise bound or about to be bound to give evidence in a trial intends to leave Singapore and that the ends of justice would probably be defeated if that person were not present at the trial to give evidence, it may, upon the application of the Public Prosecutor or accused, commit that person to prison until the trial or until that person gives satisfactory security that he or she will give evidence at the trial, or complies with any other conditions that may be imposed by the court.
(2) Before making the order, the court must be satisfied that the party making the application has made adequate provision for the person’s maintenance and for compensating the person for his or her detention and loss of time.
Recording of evidence
285. Except as otherwise expressly provided, in proceedings under this Code, the evidence of the witnesses must be recorded in the manner set down by this Part.
Manner of recording evidence
286.—(1) The evidence given in any proceeding under this Code must be recorded by the court in writing or in any other suitable form of recording that can reduce the evidence to a readable form.(2) Evidence recorded in writing or, if it is not recorded in writing, the transcript of the evidence recorded, must be in English and signed by the judge hearing the case; and forms part of the record.
(3) Evidence recorded under this section may be taken down in the form of question and answer or in the form of a narrative, as the court thinks fit.
—(1) The evidence given in any proceeding under this Code must be recorded by the court in writing or in any other suitable form of recording that can reduce the evidence to a readable form.
(2) Evidence recorded in writing or, if it is not recorded in writing, the transcript of the evidence recorded, must be in English and signed by the judge hearing the case; and forms part of the record.
(3) Evidence recorded under this section may be taken down in the form of question and answer or in the form of a narrative, as the court thinks fit.
Interpretation of evidence to accused
288.—(1) Where evidence is given in a language not understood by the accused and he or she is present in person, it must be interpreted for him or her immediately in a language which the court is satisfied he or she understands.(2) Where documents are put in for the purpose of formal proof, the court may choose to interpret for the accused as much of them as appears necessary.
—(1) Where evidence is given in a language not understood by the accused and he or she is present in person, it must be interpreted for him or her immediately in a language which the court is satisfied he or she understands.
(2) Where documents are put in for the purpose of formal proof, the court may choose to interpret for the accused as much of them as appears necessary.
Remarks as to demeanour of witness
289. During or after the recording of the evidence in the course of any proceeding under this Code, the court hearing the proceeding may record any remarks that it thinks material about the demeanour of the witness while under examination.
How previous conviction or acquittal may be proved
290.—(1) In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal or any order of court relevant to the case may be proved, in addition to any other way provided by law —(a)
by an extract certified to be a copy of the sentence or order by the officer who has custody of the records of the court in which that conviction, acquittal or order was carried out, whether in Singapore or elsewhere; or
(b)
alternatively —(i)
in the case of a previous conviction in Singapore, either by a certificate signed by the officer who has custody of the records of the prison in Singapore in which the punishment or any part of it was inflicted, or by production of the warrant of commitment under which the punishment was suffered; or
(ii)
in the case of a previous conviction elsewhere, either by a certificate signed by the officer in charge of the prisons in that place in which the punishment or any part of it was inflicted, or by production of the warrant of commitment under which the punishment was suffered,
together with evidence as to the identity of the accused and the person so convicted or acquitted or against whom the order was made.
(2) The certificate mentioned in subsection (1)(b) purporting to be signed by the officer who has custody of the records of the prison in Singapore or elsewhere is to be admitted in evidence on its production by the prosecution without proof of signature and, until the contrary is proved, is proof of all matters contained therein.
—(1) In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal or any order of court relevant to the case may be proved, in addition to any other way provided by law —(a)
by an extract certified to be a copy of the sentence or order by the officer who has custody of the records of the court in which that conviction, acquittal or order was carried out, whether in Singapore or elsewhere; or
(b)
alternatively —(i)
in the case of a previous conviction in Singapore, either by a certificate signed by the officer who has custody of the records of the prison in Singapore in which the punishment or any part of it was inflicted, or by production of the warrant of commitment under which the punishment was suffered; or
(ii)
in the case of a previous conviction elsewhere, either by a certificate signed by the officer in charge of the prisons in that place in which the punishment or any part of it was inflicted, or by production of the warrant of commitment under which the punishment was suffered,
together with evidence as to the identity of the accused and the person so convicted or acquitted or against whom the order was made.
(2) The certificate mentioned in subsection (1)(b) purporting to be signed by the officer who has custody of the records of the prison in Singapore or elsewhere is to be admitted in evidence on its production by the prosecution without proof of signature and, until the contrary is proved, is proof of all matters contained therein.
Accused not to give evidence except on oath or affirmation
291.—(1) In all criminal proceedings, the accused may not give evidence except on oath or affirmation, and if the accused does so, the accused is liable to cross‑examination.[19/2018]
(2) An accused who is not represented by an advocate has the right to address the court without being sworn or affirmed in circumstances where, if the accused were so represented, the advocate could address the court on the accused’s behalf.
(3) If an accused —(a)
after being called by the court to give evidence or after the accused or the advocate representing the accused has informed the court that the accused will give evidence, refuses to be sworn or affirmed; or
(b)
having been sworn or affirmed, without good cause refuses to answer any question,
the court, in deciding whether the accused is guilty of the offence, may draw such inferences from the refusal as appear proper.
(4) This section does not compel the accused to give evidence on the accused’s own behalf, and the accused will not be guilty of contempt of court if the accused refuses to be sworn or affirmed in the circumstances of subsection (3)(a).
(5) For the purposes of this section, an accused who, having been sworn or affirmed, refuses to answer a question is taken to do so without good cause unless —(a)
the accused is entitled to refuse to answer by section 122(4) of the Evidence Act 1893 or another written law or on the ground of privilege; or
(b)
the court excuses the accused from answering it.
(6) Subsection (3) does not apply to an accused if it appears to the court that the accused’s physical or mental condition makes it undesirable for him or her to be called on to give evidence.
—(1) In all criminal proceedings, the accused may not give evidence except on oath or affirmation, and if the accused does so, the accused is liable to cross‑examination.[19/2018]
(2) An accused who is not represented by an advocate has the right to address the court without being sworn or affirmed in circumstances where, if the accused were so represented, the advocate could address the court on the accused’s behalf.
(3) If an accused —(a)
after being called by the court to give evidence or after the accused or the advocate representing the accused has informed the court that the accused will give evidence, refuses to be sworn or affirmed; or
(b)
having been sworn or affirmed, without good cause refuses to answer any question,
the court, in deciding whether the accused is guilty of the offence, may draw such inferences from the refusal as appear proper.
(4) This section does not compel the accused to give evidence on the accused’s own behalf, and the accused will not be guilty of contempt of court if the accused refuses to be sworn or affirmed in the circumstances of subsection (3)(a).
(5) For the purposes of this section, an accused who, having been sworn or affirmed, refuses to answer a question is taken to do so without good cause unless —(a)
the accused is entitled to refuse to answer by section 122(4) of the Evidence Act 1893 or another written law or on the ground of privilege; or
(b)
the court excuses the accused from answering it.
(6) Subsection (3) does not apply to an accused if it appears to the court that the accused’s physical or mental condition makes it undesirable for him or her to be called on to give evidence.
Procedure when accused does not understand proceedings
292.—(1) If an accused, though not of unsound mind, cannot understand or be made to understand the proceedings, the court may proceed with the trial.[19/2018]
(2) For all courts other than the General Division of the High Court, if the trial results in a conviction, then the court must forward the proceedings to the General Division of the High Court with a report of the circumstances of the case and the General Division of the High Court must make such order or pass such sentence as it thinks fit.[19/2018; 40/2019]
—(1) If an accused, though not of unsound mind, cannot understand or be made to understand the proceedings, the court may proceed with the trial.[19/2018]
(2) For all courts other than the General Division of the High Court, if the trial results in a conviction, then the court must forward the proceedings to the General Division of the High Court with a report of the circumstances of the case and the General Division of the High Court must make such order or pass such sentence as it thinks fit.[19/2018; 40/2019]
Record of evidence in absence of accused
293.—(1) If it is proved that an accused has absented himself or herself so that there is no immediate prospect of arresting him or her, the court competent to try the accused may, in the accused’s absence, examine any witnesses produced on the prosecution’s behalf and record their depositions.(2) These depositions may, on the arrest of the accused, be given in evidence against him or her at the trial for the relevant offence, if the deponent is dead or incapable of giving evidence or the deponent’s attendance cannot be procured without unreasonable delay, expense or inconvenience.[19/2018]
(3) If it appears that an offence punishable with death or with imprisonment for life has been committed by some person or persons unknown, a Magistrate’s Court may hold an inquiry and examine any witnesses who can give evidence concerning the offence.
(4) Any deposition so taken under subsection (3) may be given in evidence against any person who is subsequently accused of the offence if the deponent is dead or incapable of giving evidence or is outside Singapore.
—(1) If it is proved that an accused has absented himself or herself so that there is no immediate prospect of arresting him or her, the court competent to try the accused may, in the accused’s absence, examine any witnesses produced on the prosecution’s behalf and record their depositions.
(2) These depositions may, on the arrest of the accused, be given in evidence against him or her at the trial for the relevant offence, if the deponent is dead or incapable of giving evidence or the deponent’s attendance cannot be procured without unreasonable delay, expense or inconvenience.[19/2018]
(3) If it appears that an offence punishable with death or with imprisonment for life has been committed by some person or persons unknown, a Magistrate’s Court may hold an inquiry and examine any witnesses who can give evidence concerning the offence.
(4) Any deposition so taken under subsection (3) may be given in evidence against any person who is subsequently accused of the offence if the deponent is dead or incapable of giving evidence or is outside Singapore.
Procedure when prospective witness is ill
294.—(1) Where it appears to a Magistrate that a person able to give material evidence for the prosecution or defence concerning any offence is so dangerously ill that it is not practicable to take the person’s evidence according to the usual course of law, any Magistrate may take the deposition of that person provided that reasonable notice has been given to the prosecutor and the accused of the Magistrate’s intention to take it and of when and where the Magistrate intends to take it.(2) If the accused is in custody, a Judge or a Magistrate may order the officer in charge of the prison to, and the officer must, take the accused to the place and at the time notified.
(3) Where it is proved at the trial of the accused that the deponent is dead, or that the deponent cannot attend for any sufficient reason, the deposition may be read even though the accused was absent when it was taken if the court trying the case is satisfied that —(a)
the deponent was at the time of his or her examination so dangerously ill as mentioned in subsection (1);
(b)
the deposition was duly taken at the place and time notified; and
(c)
reasonable notice of the intention to take it was given to the person against whom it is tendered in evidence so that the person or the person’s advocate might have been present and might have had, if he or she had chosen to be present, full opportunity of cross‑examination.
—(1) Where it appears to a Magistrate that a person able to give material evidence for the prosecution or defence concerning any offence is so dangerously ill that it is not practicable to take the person’s evidence according to the usual course of law, any Magistrate may take the deposition of that person provided that reasonable notice has been given to the prosecutor and the accused of the Magistrate’s intention to take it and of when and where the Magistrate intends to take it.
(2) If the accused is in custody, a Judge or a Magistrate may order the officer in charge of the prison to, and the officer must, take the accused to the place and at the time notified.
(3) Where it is proved at the trial of the accused that the deponent is dead, or that the deponent cannot attend for any sufficient reason, the deposition may be read even though the accused was absent when it was taken if the court trying the case is satisfied that —(a)
the deponent was at the time of his or her examination so dangerously ill as mentioned in subsection (1);
(b)
the deposition was duly taken at the place and time notified; and
(c)
reasonable notice of the intention to take it was given to the person against whom it is tendered in evidence so that the person or the person’s advocate might have been present and might have had, if he or she had chosen to be present, full opportunity of cross‑examination.
Taking of evidence before trial
295.—(1) Subject to subsection (2), where an application is made by the Public Prosecutor or the accused to a court for the evidence of a witness to be taken at any time before the date on which a criminal matter is fixed for trial, the court is to take the evidence of the witness appearing before it.(2) An application under subsection (1) can only be made if it is shown with respect to the witness that it is not reasonably practicable to secure the witness’s attendance at the time fixed for the trial.
(3) The proceeding under this section must be conducted in the presence of the accused and co‑accused, if any.
(4) The witness called by a party to give evidence in the proceeding under this section may be cross‑examined by any other party to the proceeding, after which the witness may be re‑examined by the party calling the witness to give evidence.
(5) Any statement of a witness taken in proceedings under this section may be given in evidence in any trial under this Code (whether or not by the same judge hearing the proceedings) although the person is not called as a witness.
—(1) Subject to subsection (2), where an application is made by the Public Prosecutor or the accused to a court for the evidence of a witness to be taken at any time before the date on which a criminal matter is fixed for trial, the court is to take the evidence of the witness appearing before it.
(2) An application under subsection (1) can only be made if it is shown with respect to the witness that it is not reasonably practicable to secure the witness’s attendance at the time fixed for the trial.
(3) The proceeding under this section must be conducted in the presence of the accused and co‑accused, if any.
(4) The witness called by a party to give evidence in the proceeding under this section may be cross‑examined by any other party to the proceeding, after which the witness may be re‑examined by the party calling the witness to give evidence.
(5) Any statement of a witness taken in proceedings under this section may be given in evidence in any trial under this Code (whether or not by the same judge hearing the proceedings) although the person is not called as a witness.
Deposition of medical witness
296. If the court is satisfied that grave inconvenience would otherwise be caused, it may, if it thinks fit, allow the deposition of a medical officer of the Government or other medical witness taken and attested by a Magistrate in the presence of the accused to be given in evidence in any trial under this Code, although the deponent is not called as a witness.
Deposition of certain other witnesses
297. Whenever, at a committal hearing under Division 2 of Part 10 as in force immediately before 17 September 2018, the evidence of any witness has been taken for the purpose of proving the custody or disposal of any matter or thing forwarded in the course of the inquiry to any public officer for examination or analysis or report, or of proving the custody or disposal of any instrument, weapon, matter or thing used in or for the commission of any offence, or of proving the accuracy of any plan or survey made or photograph taken by that witness for the purpose of the case, the General Division of the High Court may, if it thinks fit, allow the deposition of that witness, taken and attested by an examining Magistrate in the presence of the accused to be given in evidence in any trial before the General Division of the High Court although the deponent is not called as a witness.[19/2018; 40/2019]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
