Admissibility of statements in evidence
Open ↗42. In any proceedings under this Act, a statement in a document is admissible in evidence if —(a)
the statement is —(i)
made by a person, being a witness or victim, to a police officer or another person charged with the duty of investigating offences or charging offenders (called in this section an enforcement officer); and
(ii)
accompanied by an affidavit of a police officer or an enforcement officer verifying the statement; or
(b)
the statement is a summary by a police officer or an enforcement officer of a statement or statements given by a person, being a witness or victim.[Act 17 of 2022 wef 01/07/2022]
Overseas documents admissible in evidence if duly authenticated
Open ↗43.—(1) Despite anything to the contrary in the Evidence Act 1893, in any proceedings under this Act —(a)
a document, duly authenticated, that purports to set out testimony given on oath, or declared or affirmed to be true, by a person in a foreign State or declared Commonwealth territory is admissible as evidence of the matters stated in the testimony;
(b)
a document, duly authenticated, that purports to have been received in evidence, or to be a copy of a document that has been received in evidence, in a foreign State or declared Commonwealth territory is admissible in evidence;
(c)
a document, duly authenticated, that certifies that a person was convicted on a date specified in the document of an offence against the law of, or of a part of, a foreign State or declared Commonwealth territory is admissible as evidence of the fact and date of the conviction; and
(d)
a document, duly authenticated, that purports to be an overseas warrant or a foreign warrant is admissible in evidence.
(2) A document is deemed to be duly authenticated for the purpose of being admitted in evidence in a proceeding under this Act if —(a)
in the case of a document that purports to set out testimony given on oath, declared or affirmed by a person in a foreign State or declared Commonwealth territory — the document purports to be certified by a Judge, Magistrate or officer in or of that State or territory to be the original document containing or recording that testimony or a true copy of that original document;
(b)
in the case of a document that purports to have been received in evidence, or to be a copy of a document that has been received in evidence, in a foreign State or declared Commonwealth territory — the document purports to be certified by a Judge, Magistrate or officer in or of that State or territory to have been, or to be a true copy of a document that has been, so received in evidence;
(c)
in the case of a document that certifies that a person has been convicted in a foreign State or declared Commonwealth territory of an offence — the document purports to be certified by a Judge, Magistrate or officer in or of that State or territory; or
(d)
in the case of a document that purports to be an overseas warrant or a foreign warrant — the document purports to be signed by a Judge, Magistrate or officer in or of the State or territory in which the document was issued,
and the certification or signature of the Judge, Magistrate or officer purports to be authenticated by the oath, declaration or affirmation of a witness, or the document purports to be sealed with an official seal or public seal, or stamped with an official stamp, of that State or territory, or of a Minister, a department or an official of the government, of that State or territory.
[Act 17 of 2022 wef 01/07/2022]
[Act 42 of 2024 wef 28/03/2025]
Record of case
Open ↗44.—(1) For the purpose of the determination of a prima facie case under section 16(8)(b)(i) —(a)
a record of the case, whether or not its contents are admissible evidence under the law of the foreign State or declared Commonwealth territory that made the request for the surrender of the person; or
(b)
any other admissible evidence under the law of that foreign State or declared Commonwealth territory,
may be submitted by or on behalf of a foreign State or declared Commonwealth territory making the request, if there is in force —
(c)
an extradition treaty between Singapore and the foreign State governing the use of a record of the case in proceedings under section 16(8); or
(d)
an agreement or arrangement between Singapore and the declared Commonwealth territory providing for an alternative evidential mechanism in place of the requirement under section 16(8)(b)(i).
(2) A record of the case mentioned in subsection (1) —(a)
must contain a summary of the evidence acquired to support the request for the surrender of the person; and
(b)
may contain any other relevant documents, including photographs or copies of documents, and documents related to the identification of the person.
(3) A record of the case mentioned in subsection (1) is admissible as evidence if it is accompanied by a certificate by a judicial or prosecuting authority of the foreign State or declared Commonwealth territory stating that the evidence summarised or contained in the record of the case —(a)
is available to be produced at the person’s trial; and
(b)
is sufficient, under the law of the foreign State or declared Commonwealth territory, to justify prosecution of the person.
(4) Where a record of the case mentioned in subsection (1) is admissible in evidence under subsection (3), the court may in its discretion determine the weight to be given to the evidence adduced under the record of the case.[Act 17 of 2022 wef 01/07/2022]
Application of sections 238A and 281 of the Criminal Procedure Code 2010 to court proceedings
Open ↗45.—(1) Sections 238A and 281 (except subsection (2)) of the Criminal Procedure Code 2010 apply to any matter or court proceeding under this Act with the necessary modifications as if the matter or court proceeding were the matter or court proceeding mentioned in those provisions, and a reference in those provisions —(a)
to an accused is a reference to the fugitive;
(b)
to remand includes a reference to custody;
(c)
to extension of the remand of the accused under section 238 of the Criminal Procedure Code 2010 is a reference to extension of the remand of the fugitive;
(d)
to proceedings for a State Court to record a plea of guilty from the accused is a reference to proceedings where the fugitive —(i)
consents to his or her surrender; or
(ii)
informs the Magistrate that he or she wishes to waive his or her right to apply for a review of an order of committal; and
(e)
to a place within a court, a prison, an approved centre or an approved institution in Singapore includes any other place where the fugitive may be confined.
(2) If there is any inconsistency between the provisions of the Criminal Procedure Code 2010 mentioned in subsection (1) and any provision of this Act, the provision of this Act prevails.[Act 17 of 2022 wef 01/07/2022]
Other modes of proving evidence not affected
Open ↗46. Nothing in this Part prevents the proof of any matter, or the admission in evidence of any document, in accordance with any other written law or rule of law in Singapore.[Act 17 of 2022 wef 01/07/2022]
