s 44 Record of case
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]