Criminal Procedure Code 2010 - Singapore Statutes Online

PART 12

PROCEDURE AT TRIAL IN ALL COURTS

Interpretation of this Part

229. In this Part, unless the context otherwise requires, “co‑accused” means any person tried jointly with the accused.

Procedure at trial

230.—(1) The following procedure must be complied with at the trial in all courts:

(a)

at the commencement of the trial, the charge must be read and explained to the accused and the accused’s plea taken;

(b)

if the accused pleads guilty to the charge, the court must follow the procedure set out in Division 3 of Part 11;

(c)

if the accused refuses to plead or does not plead or claims trial, the court must proceed to hear the case;

(d)

the prosecutor may open the prosecutor’s case and state shortly the nature of the offence with which the accused is charged and the evidence by which the prosecutor proposes to prove the guilt of the accused;

(e)

the prosecutor must then examine the prosecutor’s witnesses (if any) and each of them may in turn be cross‑examined by the accused and every co‑accused, after which the prosecutor may re‑examine them;

(f)

after the prosecutor has concluded the prosecutor’s case, the defence may invite the court to dismiss the case on the ground that there is no case to answer and the prosecutor may reply to the submission;

(g)

the court may alter the charge or frame a new charge before calling on the accused to give the accused’s defence and if the court does so, the court must follow the procedure set out in sections 128 to 131;

(h)

if the accused pleads guilty to this altered or new charge, the court must follow the procedure set out in Division 3 of Part 11;

(i)

if the accused refuses to plead or does not plead or claims trial to the altered or new charge, the court must proceed in accordance with the procedure set out hereinafter;

(j)

if after considering the evidence referred to in paragraph (e), the court is of the view that there is some evidence which is not inherently incredible and which satisfies each and every element of the charge as framed by the prosecutor or as altered or framed by the court, the court must call on the accused to give the accused’s defence;

(k)

the court must order a discharge amounting to an acquittal if it is of the view that there is no such evidence as referred to in paragraph (j);

(l)

nothing in paragraphs (j) and (k) prevents any court from acquitting the accused at any previous stage of the case if, for reasons to be recorded by the court, it considers the charge to be groundless;

(m)

before the accused calls any evidence in the accused’s defence, the court must inform the accused that the accused will be called upon by the court to give evidence in the accused’s own defence and what the effect will be if, when so called on, the accused refuses to give evidence on oath or affirmation; and the court may inform the accused in the following terms:

“I find that the prosecution has made out a case against you on the charge(s) on which you are being tried. There is some evidence, not inherently incredible, that satisfies each and every element of the charge(s). Accordingly, I call upon you to give evidence in your own defence.

You have 2 courses open to you. First, if you elect to give evidence you must give it from the witness box, on oath or affirmation, and be liable to cross‑examination. Second, if you elect not to give evidence in the witness box, that is to say, remain silent, then I must tell you that the court in deciding whether you are guilty or not, may draw such inferences as appear proper from your refusal to give evidence, including inferences that may be adverse to you.

Let me also say, whichever course you take, it is open to you to call other evidence in your own defence. You may confer with your counsel on the course you wish to take.

I now call upon you to give evidence in your own defence. How do you elect?”;

(n)

after the court has called upon the accused to give the accused’s defence, the accused may —

(i)	plead guilty to the charge, in which event the court must follow the procedure set out in Division 3 of Part 11; or
(ii)	choose to give the accused’s defence;

(o)

when the accused is called on to begin the accused’s defence, the accused may, before producing the accused’s evidence, open the accused’s case by stating the facts or law on which the accused intends to rely and make such comments as the accused thinks necessary on the evidence for the prosecution;

(p)

if the accused is giving evidence in the accused’s own defence, the evidence must be taken in the following order:

(i)	the accused must give evidence and then be cross‑examined first by the other co‑accused (if any) and then by the prosecutor after which the accused may be re‑examined;
(ii)	any witness for the defence of the accused must give evidence and they may in turn be cross‑examined first by the other co‑accused (if any) and then by the prosecutor after which the witness may be re‑examined;
(iii)	where there are other co‑accused persons, they and their witnesses must then give evidence and be cross‑examined and re‑examined in like order;

(q)

an accused may apply to the court to issue process for compelling the attendance of any witness for the purpose of examination or cross‑examination or to produce any exhibit in court, whether or not the witness has previously been examined in the case;

(r)

the court must issue process unless it considers that the application made under paragraph (q) should be refused because it is frivolous or vexatious or made to delay or frustrate justice and in such a case the court must record the reasons for the order;

(s)

before summoning any witness pursuant to an application under paragraph (q), the court may require that the witness’s reasonable expenses incurred in attending the trial be deposited in court by the defence;

(t)

at the close of the defence case, the prosecution has the right to call a person as a witness or recall and re‑examine a person already examined, for the purpose of rebuttal, and such witness may be cross‑examined by the accused and every co‑accused, after which the prosecutor may re‑examine the witness;

(u)

at the close of the defence case, the accused may sum up the accused’s case;

(v)

the prosecution has the final right of reply on the whole case;

(w)

if the court finds the accused not guilty, it must order a discharge amounting to an acquittal, and must, provided no other charge is pending against the accused, forthwith release the accused;

(x)

if the court finds the accused guilty, it must record a conviction and comply with the procedure in section 228 after which it must pass sentence in accordance with the law.

(2) Where a witness, other than an accused, is giving evidence for the prosecution or the defence, the court may, on the application of either party, interpose that witness with any other witness if the court is of the view that there are good reasons to do so.

Notice required to call witness or produce exhibits not disclosed in Case for the Prosecution or Case for the Defence

231.—(1) The prosecutor or defence may, at a trial, call a witness or produce an exhibit not disclosed in the Case for the Prosecution or the Case for the Defence, respectively, only if the prosecutor or defence (as the case may be) has given prior notice in writing to the court and the other parties to the trial of the intention of the prosecutor or defence (as the case may be) to call that witness or to produce that exhibit.

(2) The notice must state the name of the witness and an outline of the witness’s evidence, or provide a brief description of the exhibit, as the case may be.

Public Prosecutor may decline to further prosecute at any stage of trial

232.—(1) At any stage of any proceedings in court —

(a)	before an accused is acquitted of any charge; or
(b)	where an accused has been convicted of any charge but before the accused is sentenced for that charge,

the Public Prosecutor may, if he thinks fit, inform the court that the Public Prosecutor will not further prosecute the accused upon the charge, and the proceedings on the charge against the accused must then be stayed and the accused must be discharged from and of the same.

(2) Except in cases referred to in section 147, a discharge under subsection (1) does not amount to an acquittal unless the court so directs.

(3) Where an accused had previously been granted a discharge not amounting to an acquittal by a Magistrate’s Court or District Court in relation to an offence triable in the State Courts, any Magistrate’s Court or District Court (as the case may be) may grant the accused a discharge amounting to an acquittal on the application of the Public Prosecutor.

[5/2014]

(4) Where an accused had previously been granted a discharge not amounting to an acquittal by a Magistrate’s Court or District Court in relation to an offence triable in the General Division of the High Court, any Magistrate’s Court or District Court (as the case may be) may grant the accused a discharge on the application of the Public Prosecutor.

[40/2019]

(5) A discharge under subsection (4) has the effect of an acquittal.

(6) An application under subsection (3) or (4) may be granted by the court despite the absence of the accused.

Evidence to be taken in presence of accused

233. Except as otherwise expressly provided, the evidence of a witness during a trial conducted in accordance with this Part must be taken in the presence of the accused or, when the accused’s personal attendance is dispensed with, in the presence of the accused’s advocate.

Trial before single judge

234. Every trial in the General Division of the High Court is to be heard and disposed of before a single Judge.

[40/2019]

Power of court to order any production of document or thing

235.—(1) Whenever any court considers that the production of any document or other thing is necessary or desirable for the purposes of any inquiry, trial or other proceeding under this Code by or before that court, such court may issue a summons to the person in whose possession or power the document or thing is believed to be, to require the person to produce the document or thing at the time and place stated in the summons.

(2) If any document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the court, required for the purposes of any inquiry, trial or proceeding under this Code, the court may require the Postal Authority, public postal licensee or public parcel locker network operator (as the case may be) to deliver that document or thing to such person as the court directs.

[10/2021]

(3) If a person is required merely to produce any document or thing, the person may comply with such requirement by causing the document or thing to be produced instead of bringing it in person.

(4) This section does not affect any provision of the Evidence Act 1893.

(5) Sections 115, 116 and 119 apply in relation to a summons issued under this section.

(6) To avoid doubt, the power of a court under subsection (1) is not exercisable by any court which presides or is to preside over any criminal case disclosure conference or case conference held under Part 9 or 10, as the case may be.

[Act 25 of 2021 wef 01/04/2022]

(7) Despite subsection (1), where a statement made by a person is recorded in the form of an audiovisual recording, if a court considers that the production of the audiovisual recording is necessary or desirable for the purposes of any inquiry, trial or other proceeding under this Code by or before the court, the court may only order the prosecution to do either or both of the following:

(a)	to produce the audiovisual recording in court;
(b)	to arrange for the defence to view the audiovisual recording at a police station or at any other prescribed place. [19/2018]

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