Division 1 — General matters
Interpretation of this Part
157. In this Part —“Case for the Defence” means the document by that name mentioned in section 165;
“Case for the Prosecution” means the document by that name mentioned in section 162;
“co-accused” means any person who is to be tried jointly with an accused and to whom the criminal case disclosure procedures apply by virtue of section 159;
“court” means a Magistrate’s Court or a District Court, as the case may be;
“criminal case disclosure conference” means any conference held under Division 2 in respect of any offence to which the criminal case disclosure procedures apply by virtue of section 159;
“criminal case disclosure procedures” means the procedures under Division 2.
Reading of charge
158. In a case to be tried in a Magistrate’s Court or District Court, the following provisions apply:(a)
when an accused is first charged in the court for an offence, a charge must be framed, read and explained to the accused;
(b)
the accused must be asked whether he or she wishes to claim trial or plead guilty to the charge unless either party to the case applies for, and the court grants, an adjournment without the plea being recorded;
(c)
if the accused, after he or she has been asked to plead —(i)
pleads guilty to the charge, Division 3 of Part 11 applies;
(ii)
refuses to plead or does not plead or claims trial to the charge, and the case is subject to the criminal case disclosure procedures by virtue of section 159, Division 2 applies; or
(iii)
refuses to plead or does not plead or claims trial to the charge, and the case is not subject to the criminal case disclosure procedures by virtue of section 159, Division 4 applies.
When criminal case disclosure procedures apply
159.—(1) The criminal case disclosure procedures apply to an offence which ––(a)
is specified in the Second Schedule; and
(b)
is to be tried in a District Court.[Act 5 of 2024 wef 14/02/2025]
(2) [Deleted by Act 5 of 2024 wef 14/02/2025]
(3) For any offence other than an offence mentioned in subsection (1), the criminal case disclosure procedures do not apply unless all parties consent to have the procedures apply.
—(1) The criminal case disclosure procedures apply to an offence which ––(a)
is specified in the Second Schedule; and
(b)
is to be tried in a District Court.[Act 5 of 2024 wef 14/02/2025]
(2) [Deleted by Act 5 of 2024 wef 14/02/2025]
(3) For any offence other than an offence mentioned in subsection (1), the criminal case disclosure procedures do not apply unless all parties consent to have the procedures apply.
Division 2 — Criminal case disclosure procedures
Criminal case disclosure conference
160.—(1) The prosecution and the defence must attend a criminal case disclosure conference as directed by a court in accordance with this Division for the purpose of settling the following matters:(a)
the filing of the Case for the Prosecution and the Case for the Defence;
(b)
any issues of fact or law which are to be tried by the trial judge at the trial proper;
(c)
the list of witnesses to be called by the parties to the trial;
(d)
the statements, documents or exhibits which are intended by the parties to the case to be admitted at the trial;
(e)
the trial date.[19/2018]
(2) The Magistrate or District Judge who presides over a criminal case disclosure conference must not make any order in relation to any matter mentioned in subsection (1) in the absence of any party if the order is prejudicial to that party.
(3) Where an accused claims trial, the Magistrate or District Judge who had presided over the criminal case disclosure conference in relation to the accused’s case must not conduct the trial.
(4) Where the defence informs the court during any criminal case disclosure conference conducted under this Division that the accused intends to plead guilty to the charge, the court must fix a date for the accused’s plea to be taken in accordance with Division 3 of Part 11.[19/2018]
—(1) The prosecution and the defence must attend a criminal case disclosure conference as directed by a court in accordance with this Division for the purpose of settling the following matters:(a)
the filing of the Case for the Prosecution and the Case for the Defence;
(b)
any issues of fact or law which are to be tried by the trial judge at the trial proper;
(c)
the list of witnesses to be called by the parties to the trial;
(d)
the statements, documents or exhibits which are intended by the parties to the case to be admitted at the trial;
(e)
the trial date.[19/2018]
(2) The Magistrate or District Judge who presides over a criminal case disclosure conference must not make any order in relation to any matter mentioned in subsection (1) in the absence of any party if the order is prejudicial to that party.
(3) Where an accused claims trial, the Magistrate or District Judge who had presided over the criminal case disclosure conference in relation to the accused’s case must not conduct the trial.
(4) Where the defence informs the court during any criminal case disclosure conference conducted under this Division that the accused intends to plead guilty to the charge, the court must fix a date for the accused’s plea to be taken in accordance with Division 3 of Part 11.[19/2018]
When Case for the Prosecution is served
161.—(1) In a case where the criminal case disclosure procedures apply by virtue of section 159, and on the date the accused is asked by the court how the accused wishes to plead and the accused refuses to plead or does not plead or claims trial, the court must, unless there are good reasons, fix a first criminal case disclosure conference not earlier than 8 weeks from that date.(2) If, at the first criminal case disclosure conference, or such other date to which the first criminal case disclosure conference has been adjourned under section 238, the defence does not indicate that the accused wishes to plead guilty to the charge, the prosecution must file in court the Case for the Prosecution and serve a copy of this on the accused and every co‑accused (if any) not later than 2 weeks from the date of the first criminal case disclosure conference or such date to which the first criminal case disclosure conference is adjourned.[19/2018]
(3) Where at a criminal case disclosure conference, the defence indicates that the accused wishes to claim trial to more than one charge, the Case for the Prosecution to be served under subsection (2) must only relate to those charges that the prosecution intends to proceed with at the trial.[19/2018]
(4) The court may at any time fix a date for a further criminal case disclosure conference not earlier than 7 days from the date the Case for the Prosecution is to be filed under this section.
—(1) In a case where the criminal case disclosure procedures apply by virtue of section 159, and on the date the accused is asked by the court how the accused wishes to plead and the accused refuses to plead or does not plead or claims trial, the court must, unless there are good reasons, fix a first criminal case disclosure conference not earlier than 8 weeks from that date.
(2) If, at the first criminal case disclosure conference, or such other date to which the first criminal case disclosure conference has been adjourned under section 238, the defence does not indicate that the accused wishes to plead guilty to the charge, the prosecution must file in court the Case for the Prosecution and serve a copy of this on the accused and every co‑accused (if any) not later than 2 weeks from the date of the first criminal case disclosure conference or such date to which the first criminal case disclosure conference is adjourned.[19/2018]
(3) Where at a criminal case disclosure conference, the defence indicates that the accused wishes to claim trial to more than one charge, the Case for the Prosecution to be served under subsection (2) must only relate to those charges that the prosecution intends to proceed with at the trial.[19/2018]
(4) The court may at any time fix a date for a further criminal case disclosure conference not earlier than 7 days from the date the Case for the Prosecution is to be filed under this section.
Contents of Case for the Prosecution
162.—(1) The Case for the Prosecution must contain —(a)
the charge which the prosecution intends to proceed with at the trial;
(b)
a summary of the facts in support of the charge;
(c)
a list of the names of the witnesses for the prosecution;
(d)
a list of the exhibits that are intended by the prosecution to be admitted at the trial;
(e)
any written statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution;
(f)
a list of every statement, made by the accused at any time to an officer of a law enforcement agency under any law, that is recorded in the form of an audiovisual recording, and that the prosecution intends to adduce in evidence as part of the case for the prosecution; and
(g)
for every statement mentioned in paragraph (f), a transcript (if any) of the audiovisual recording of that statement.Illustrations
(a)
A is charged with theft of a shirt from a shop. The summary of facts should state the facts in support of the charge, for example, that A was seen taking a shirt in the shop and putting it into A’s bag, and that A left the shop without paying for the shirt.
(b)
A is charged with conspiracy to cheat together with a known person and an unknown person. The summary of facts should state —
(i)
when and where the conspiracy took place; and
(ii)
who the known conspirators were and what they did.
(c)
A is charged with robbery and 3 separate written statements, X, Y and Z were recorded from A by the police at 3 different time periods. If the prosecution intends to adduce in evidence as part of the Case for the Prosecution statement Y, but not statements X and Z, the Case for the Prosecution must contain the entire statement Y. The Case for the Prosecution need not contain statements X and Z.
[19/2018]
(2) Where the Case for the Prosecution has been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(f) at a police station or at any other prescribed place.[19/2018]
—(1) The Case for the Prosecution must contain —(a)
the charge which the prosecution intends to proceed with at the trial;
(b)
a summary of the facts in support of the charge;
(c)
a list of the names of the witnesses for the prosecution;
(d)
a list of the exhibits that are intended by the prosecution to be admitted at the trial;
(e)
any written statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution;
(f)
a list of every statement, made by the accused at any time to an officer of a law enforcement agency under any law, that is recorded in the form of an audiovisual recording, and that the prosecution intends to adduce in evidence as part of the case for the prosecution; and
(g)
for every statement mentioned in paragraph (f), a transcript (if any) of the audiovisual recording of that statement.Illustrations
(a)
A is charged with theft of a shirt from a shop. The summary of facts should state the facts in support of the charge, for example, that A was seen taking a shirt in the shop and putting it into A’s bag, and that A left the shop without paying for the shirt.
(b)
A is charged with conspiracy to cheat together with a known person and an unknown person. The summary of facts should state —
(i)
when and where the conspiracy took place; and
(ii)
who the known conspirators were and what they did.
(c)
A is charged with robbery and 3 separate written statements, X, Y and Z were recorded from A by the police at 3 different time periods. If the prosecution intends to adduce in evidence as part of the Case for the Prosecution statement Y, but not statements X and Z, the Case for the Prosecution must contain the entire statement Y. The Case for the Prosecution need not contain statements X and Z.
[19/2018]
(2) Where the Case for the Prosecution has been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(f) at a police station or at any other prescribed place.[19/2018]
When Case for the Defence is served
163.—(1) At the further criminal case disclosure conference held on the date mentioned in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the defence does not indicate that the accused wishes to plead guilty, the defence must —(a)
file in court the Case for the Defence; and
(b)
serve a copy of that Case on the prosecution and on every co‑accused who is claiming trial with the accused (if any),
not later than 2 weeks after the date on which the further criminal case disclosure conference is held.
[19/2018]
(2) The court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under subsection (1) and after the prosecution is to serve on the defence copies of the statements, exhibits and records mentioned in section 166(1).[19/2018]
(3) If the defence does not file in court the Case for the Defence, or does not serve the Case for the Defence, as required under subsection (1) —(a)
the accused may be cross‑examined on why the Case for the Defence was not filed or served, as the case may be; and
(b)
the court may consider the accused’s evidence under the cross-examination and draw such inference as it thinks fit under section 169(1)(a) or (aa).[Act 5 of 2024 wef 14/02/2025]
—(1) At the further criminal case disclosure conference held on the date mentioned in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the defence does not indicate that the accused wishes to plead guilty, the defence must —(a)
file in court the Case for the Defence; and
(b)
serve a copy of that Case on the prosecution and on every co‑accused who is claiming trial with the accused (if any),
not later than 2 weeks after the date on which the further criminal case disclosure conference is held.
[19/2018]
(2) The court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under subsection (1) and after the prosecution is to serve on the defence copies of the statements, exhibits and records mentioned in section 166(1).[19/2018]
(3) If the defence does not file in court the Case for the Defence, or does not serve the Case for the Defence, as required under subsection (1) —(a)
the accused may be cross‑examined on why the Case for the Defence was not filed or served, as the case may be; and
(b)
the court may consider the accused’s evidence under the cross-examination and draw such inference as it thinks fit under section 169(1)(a) or (aa).[Act 5 of 2024 wef 14/02/2025]
Court to explain to unrepresented accused certain requirements and consequences
164. At the further criminal case disclosure conference held on the date mentioned in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the accused is not represented by an advocate, the court must explain to the accused, in accordance with the prescribed form, the requirements of section 163(1), the effect of section 166 and the consequences provided under section 169(1).
Contents of Case for the Defence
165.—(1) The Case for the Defence must contain —(a)
a summary of the defence to the charge and the facts in support of the defence;
(b)
a list of the names of the witnesses for the defence;
(c)
a list of the exhibits that are intended by the defence to be admitted at the trial; and
(d)
if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —(i)
a statement of the nature of the objection;
(ii)
the issue of fact on which evidence will be produced; and
(iii)
the points of law in support of such objection.Illustration 1
A is charged with robbery. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim gave the items to A voluntarily) and any issue of law which A intends to rely on (for example, that A’s act did not amount to robbery as the elements of that offence were not made out, or that a general exception in Chapter 4 or right of private defence in Chapter 4A of the Penal Code 1871 applied in this case).
Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of A’s statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements A intends to challenge and the facts that A intends to rely on to support A’s challenge.
[15/2019]
(2) Despite subsection (1), an accused who is not represented by an advocate need not state any —(a)
objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or
(b)
point of law in support of any objection raised by the defence.
—(1) The Case for the Defence must contain —(a)
a summary of the defence to the charge and the facts in support of the defence;
(b)
a list of the names of the witnesses for the defence;
(c)
a list of the exhibits that are intended by the defence to be admitted at the trial; and
(d)
if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —(i)
a statement of the nature of the objection;
(ii)
the issue of fact on which evidence will be produced; and
(iii)
the points of law in support of such objection.Illustration 1
A is charged with robbery. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim gave the items to A voluntarily) and any issue of law which A intends to rely on (for example, that A’s act did not amount to robbery as the elements of that offence were not made out, or that a general exception in Chapter 4 or right of private defence in Chapter 4A of the Penal Code 1871 applied in this case).
Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of A’s statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements A intends to challenge and the facts that A intends to rely on to support A’s challenge.
[15/2019]
(2) Despite subsection (1), an accused who is not represented by an advocate need not state any —(a)
objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or
(b)
point of law in support of any objection raised by the defence.
Time for service of other statements and exhibits
166.—(1) Where the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks after the date on which the Case for the Defence is served, serve on the defence copies of —(a)
every other written statement given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial;
(aa)
for every other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law in relation to the charge or charges that the prosecution intends to proceed with at the trial, a transcript (if any) of the audiovisual recording of that statement;
(b)
each documentary exhibit mentioned in section 162(1)(d); and
(c)
criminal records (if any) of the accused, upon payment of the prescribed fee.[19/2018]
(2) Where the documents mentioned in subsection (1) have been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(aa) at a police station or at any other prescribed place.[19/2018]
(2A) Despite subsection (1), where any documentary exhibit mentioned in section 162(1)(d) consists of any image (whether contained in a video recording, photograph or any other medium) of an individual’s genital or anal region, or the breasts of a woman —(a)
the prosecution is not required to serve a copy of the documentary exhibit on the defence; but
(b)
the prosecution must, if requested by the defence, arrange for the defence to view the documentary exhibit at a police station or a prescribed place.[Act 5 of 2024 wef 26/05/2025]
(3) Where the Case for the Defence has not been served on the prosecution, the prosecution —(a)
need not serve on the defence any written statement, exhibit, transcript or record mentioned in subsection (1);
(b)
need not arrange for the viewing mentioned in subsection (2) of the audiovisual recording of any statement mentioned in subsection (1)(aa);[Act 5 of 2024 wef 26/05/2025]
(ba)
need not arrange for the viewing mentioned in subsection (2A)(b) of any documentary exhibit mentioned in subsection (2A); and[Act 5 of 2024 wef 26/05/2025]
(c)
may use any such statement, exhibit, transcript, record, audiovisual recording or documentary exhibit at the trial.[Act 5 of 2024 wef 26/05/2025]
[19/2018]
(4) Where the Case for the Defence has been served on the prosecution, the defence must, within 2 weeks after the date on which the Case for the Defence is served, serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 165(1)(c) and is in the possession, custody or power of the accused.[19/2018]
(5) The obligations of the prosecution under subsections (1), (2) and (2A)(b) and the obligation of the defence under subsection (4) are independent of each other.[19/2018]
[Act 5 of 2024 wef 26/05/2025]
—(1) Where the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks after the date on which the Case for the Defence is served, serve on the defence copies of —(a)
every other written statement given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial;
(aa)
for every other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law in relation to the charge or charges that the prosecution intends to proceed with at the trial, a transcript (if any) of the audiovisual recording of that statement;
(b)
each documentary exhibit mentioned in section 162(1)(d); and
(c)
criminal records (if any) of the accused, upon payment of the prescribed fee.[19/2018]
(2) Where the documents mentioned in subsection (1) have been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(aa) at a police station or at any other prescribed place.[19/2018]
(2A) Despite subsection (1), where any documentary exhibit mentioned in section 162(1)(d) consists of any image (whether contained in a video recording, photograph or any other medium) of an individual’s genital or anal region, or the breasts of a woman —(a)
the prosecution is not required to serve a copy of the documentary exhibit on the defence; but
(b)
the prosecution must, if requested by the defence, arrange for the defence to view the documentary exhibit at a police station or a prescribed place.[Act 5 of 2024 wef 26/05/2025]
(3) Where the Case for the Defence has not been served on the prosecution, the prosecution —(a)
need not serve on the defence any written statement, exhibit, transcript or record mentioned in subsection (1);
(b)
need not arrange for the viewing mentioned in subsection (2) of the audiovisual recording of any statement mentioned in subsection (1)(aa);[Act 5 of 2024 wef 26/05/2025]
(ba)
need not arrange for the viewing mentioned in subsection (2A)(b) of any documentary exhibit mentioned in subsection (2A); and[Act 5 of 2024 wef 26/05/2025]
(c)
may use any such statement, exhibit, transcript, record, audiovisual recording or documentary exhibit at the trial.[Act 5 of 2024 wef 26/05/2025]
[19/2018]
(4) Where the Case for the Defence has been served on the prosecution, the defence must, within 2 weeks after the date on which the Case for the Defence is served, serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 165(1)(c) and is in the possession, custody or power of the accused.[19/2018]
(5) The obligations of the prosecution under subsections (1), (2) and (2A)(b) and the obligation of the defence under subsection (4) are independent of each other.[19/2018]
[Act 5 of 2024 wef 26/05/2025]
Fixing dates for trial
167. If, at the further criminal case disclosure conference held on the date mentioned in section 163(2), the defence does not indicate that the accused wishes to plead guilty, the court may fix a date for trial.[19/2018]
If co-accused charged subsequently
168. If, subsequent to any criminal case disclosure conference held under this Division in relation to an accused, a co‑accused is charged, the court may do all or any of the following:(a)
order the prosecution to serve on the co‑accused the Case for the Prosecution in relation to the accused;
(b)
order the accused to serve on the co‑accused the accused’s Case for the Defence, if any.
Division 3 — Non-compliance with Division 2
Consequences of non-compliance with Division 2
169.—(1) The court may draw such inference as it thinks fit if —(a)
the prosecution fails to serve the Case for the Prosecution on the defence, or the defence fails to serve the Case for the Defence after the Case for the Prosecution has been served on the defence;
(aa)
the prosecution fails to file the Case for the Prosecution in court, or the defence fails to file the Case for the Defence in court after the Case for the Prosecution has been served on the defence;[Act 5 of 2024 wef 14/02/2025]
(b)
the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 162(1) or 165(1), respectively; [Act 5 of 2024 wef 14/02/2025]
(ba)
the prosecution fails to serve on the defence any copy of a statement, transcript, documentary exhibit or criminal record that the prosecution is required under section 166 to serve on the defence;[Act 5 of 2024 wef 14/02/2025]
(bb)
the defence fails to serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 165(1)(c) and is in the possession, custody or power of the accused; or
(c)
the prosecution or the defence puts forward a case at the trial which differs from or is otherwise inconsistent with the Case for the Prosecution or the Case for the Defence, respectively, that has been filed.[19/2018]
(2) A court may order a discharge not amounting to an acquittal in relation to a charge that the prosecution intends to proceed with at trial, if —(a)
the prosecution fails to serve the Case for the Prosecution in respect of that charge within the time permitted under section 161;
(aa)
the prosecution fails to file the Case for the Prosecution in court;[Act 5 of 2024 wef 14/02/2025]
(b)
the Case for the Prosecution does not contain any or any part of the items specified in section 162; or
(c)
the prosecution fails to serve on the defence, within the time permitted under section 166, any copy of a statement, transcript, documentary exhibit or criminal record that the prosecution is required under that provision to serve on the defence.[Act 5 of 2024 wef 14/02/2025]
[19/2018]
(3) Without affecting the generality of subsection (1), if any matter mentioned in paragraph (a), (aa), (b), (ba), (bb) or (c) of subsection (1) is satisfied, the court may in determining —(a)
whether there is a case to answer; and
(b)
whether the accused is guilty of the offence charged or not,
draw such inferences from the matter as appear proper.
[Act 5 of 2024 wef 14/02/2025]
(4) Any matter from which a court may draw such inferences under subsection (3) may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given by or against the accused in relation to which the matter is material.[Act 5 of 2024 wef 14/02/2025]
—(1) The court may draw such inference as it thinks fit if —(a)
the prosecution fails to serve the Case for the Prosecution on the defence, or the defence fails to serve the Case for the Defence after the Case for the Prosecution has been served on the defence;
(aa)
the prosecution fails to file the Case for the Prosecution in court, or the defence fails to file the Case for the Defence in court after the Case for the Prosecution has been served on the defence;[Act 5 of 2024 wef 14/02/2025]
(b)
the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 162(1) or 165(1), respectively; [Act 5 of 2024 wef 14/02/2025]
(ba)
the prosecution fails to serve on the defence any copy of a statement, transcript, documentary exhibit or criminal record that the prosecution is required under section 166 to serve on the defence;[Act 5 of 2024 wef 14/02/2025]
(bb)
the defence fails to serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 165(1)(c) and is in the possession, custody or power of the accused; or
(c)
the prosecution or the defence puts forward a case at the trial which differs from or is otherwise inconsistent with the Case for the Prosecution or the Case for the Defence, respectively, that has been filed.[19/2018]
(2) A court may order a discharge not amounting to an acquittal in relation to a charge that the prosecution intends to proceed with at trial, if —(a)
the prosecution fails to serve the Case for the Prosecution in respect of that charge within the time permitted under section 161;
(aa)
the prosecution fails to file the Case for the Prosecution in court;[Act 5 of 2024 wef 14/02/2025]
(b)
the Case for the Prosecution does not contain any or any part of the items specified in section 162; or
(c)
the prosecution fails to serve on the defence, within the time permitted under section 166, any copy of a statement, transcript, documentary exhibit or criminal record that the prosecution is required under that provision to serve on the defence.[Act 5 of 2024 wef 14/02/2025]
[19/2018]
(3) Without affecting the generality of subsection (1), if any matter mentioned in paragraph (a), (aa), (b), (ba), (bb) or (c) of subsection (1) is satisfied, the court may in determining —(a)
whether there is a case to answer; and
(b)
whether the accused is guilty of the offence charged or not,
draw such inferences from the matter as appear proper.
[Act 5 of 2024 wef 14/02/2025]
(4) Any matter from which a court may draw such inferences under subsection (3) may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given by or against the accused in relation to which the matter is material.[Act 5 of 2024 wef 14/02/2025]
Division 4 — Where criminal case disclosure procedures do not apply
Court to try accused or transfer case
170. In a case where the criminal case disclosure procedures do not apply by virtue of section 159, and on the date the accused is asked by the court how the accused wishes to plead and the accused refuses to plead or does not plead or claims trial, the court may —(a)
proceed to try the accused immediately or on such date as the court directs; or
(b)
transfer the case to another court of equal jurisdiction for the case to be tried in accordance with Part 12 at a later date.
Case conference
171. In a case where the criminal case disclosure procedures do not apply by virtue of section 159, a court may, at any time, fix the date for and conduct a case conference to settle any administrative matter in relation to a trial.[Act 25 of 2021 wef 01/04/2022]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
