Criminal Procedure Code (Amendment) Bill

Bill No. 35/1975

Read the first time on 29th July 1975.
An Act to amend the Criminal Procedure Code (Chapter 113 of the Revised Edition).
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —
Short title and commencement
1.  This Act may be cited as the Criminal Procedure Code (Amendment) Act, 1975, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Amendment of section 11
2.  Section 11 of the Criminal Procedure Code (hereinafter in this Act referred to as “the Code”) is hereby amended —
(a)by deleting the word “three” appearing in paragraph (a) of subsection (3) thereof and substituting therefor the word “five”;
(b)by deleting the word “seven” appearing in the penultimate line of the proviso to subsection (3) thereof and substituting therefor the word “ten”; and
(c)by deleting the words “one year” appearing in paragraph (a) of subsection (5) thereof and substituting therefor the words “two years”.
Amendment of section 12
3.  Section 12 of the Code is hereby amended by deleting subsections (1) and (2) thereof and substituting therefor the following: —
“(1)  Where a person who is not less than eighteen years of age —
(a)is convicted before the High Court or a District Court of an offence punishable with imprisonment for a term of two years or upwards; and
(b)has been convicted on at least two previous occasions since he attained the age of sixteen years of offences punishable with such a sentence,
then, if the court is satisfied that it is expedient with a view to his reformation and the prevention of crime that he should receive training of a corrective character for a substantial period of time, followed by a period of supervision if released before the expiration of his sentence, the court, unless it has special reasons for not so doing, shall pass, in lieu of any sentence of imprisonment, a sentence of corrective training for such term of not less than three nor more than seven years as the court may determine.
(2)  Where a person who is not less than thirty years of age —
(a)is convicted before the High Court or a District Court of an offence punishable with imprisonment for a term of two years or upwards; and
(b)has been convicted on at least three previous occasions since he attained the age of sixteen years of offences punishable with such a sentence, and was on at least two of those occasions sentenced to imprisonment or corrective training,
then, if the court is satisfied that it is expedient for the protection of the public that he should be detained in custody for a substantial period of time, followed by a period of supervision if released before the expiration of his sentence, the court, unless it has special reasons for not so doing, shall pass, in lieu of any sentence of imprisonment, a sentence of preventive detention for such term of not less than five nor more than fourteen years as the court may determine.”.
Amendment of section 17
4.  Section 17 of the Code is hereby amended —
(a)by deleting the comma appearing after the word “inflict” in the fourth line thereof and substituting therefor a semi-colon; and
(b)by inserting immediately after the word “punishment” appearing in the second line of the proviso thereto the words “of imprisonment”.
Amendment of section 121
5.  Section 121 of the Code is hereby amended —
(a)by deleting the proviso to subsection (5) thereof and substituting therefor the following: —
“Provided that the court may in its discretion refuse to admit such statement or allow it to be used as aforesaid if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against such person, proceeding from a person in authority and sufficient, in the opinion of the court, to give such person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.”; and
(b)by inserting immediately after subsection (5) thereof the following new subsections: —
“(6)  Where any person is charged with an offence he shall be served with a notice in writing, which shall be explained to him, to the following effect: —
“You have been charged with (set out the charge).
Do you wish to say anything in answer to the charge? If there is any fact on which you intend to rely in your defence in court, you are advised to mention it now. If you hold it back till you go to court, your evidence may be less likely to be believed and this may have a bad effect on your case in general. If you wish to mention any fact now, and you would like it written down, this will be done.”.
(7)  No statement made by an accused person in answer to a written notice served on him pursuant to subsection (6) shall be construed as a statement caused by any inducement, threat or promise as is described in the proviso to subsection (5), if it is otherwise voluntary.”.
Repeal and re-enactment of section 122
6.  Section 122 of the Code is hereby repealed and the following substituted therefor —
“Circumstances in which inferences may be drawn from accused’s failure to mention particular facts when questioned, charged, etc.
122.—(1)  Where in any criminal proceedings against a person for an offence evidence is given that the accused —
(a)at any time before he was charged with the offence, on being questioned by a police officer trying to discover whether or by whom the offence had been committed, failed to mention any fact relied on in his defence in those proceedings; or
(b)on being charged with the offence or officially informed that he might be prosecuted for it, failed to mention any such fact,
being a fact which in the circumstances existing at the time he could reasonably have been expected to mention when so questioned, charged or informed, as the case may be, the court, in determining whether to commit the accused for trial or whether there is a case to answer, and the court, in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure as appear proper; and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material.
(2)  Subsection (1) shall apply in relation to questioning by persons (other than police officers) charged with the duty of investigating offences or charging offenders as it applies in relation to questioning by police officers; and in that subsection “officially informed” means informed by a police officer or any such person.
(3)  Nothing in subsection (1) or (2) shall in any criminal proceedings —
(a)prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his presence relating to the conduct in respect of which he is charged, in so far as evidence thereof would be admissible apart from those subsections; or
(b)be taken to preclude the drawing of any inference from any such silence or other reaction of the accused which could be drawn apart from those subsections.
(4)  Subsections (1) and (2) shall not apply as regards a failure to mention a fact if the failure occurred before the date of the coming into operation of the Criminal Procedure Code (Amendment) Act, 1975.”.
Amendment of section 128
7.  Subsection (1) of section 128 of the Code is hereby amended by deleting paragraphs (b) and (c) thereof and substituting therefor the following: —
“(b)of any offence punishable under section 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 or 228 of the Penal Code, except with the previous sanction of the Public Prosecutor; or
(c)of any offence described in section 463 or punishable under section 471, 475 or 476 of the Penal Code, except with the previous sanction of the Public Prosecutor.”.
New section 137A
8.  The Code is hereby amended by inserting immediately after section 137 thereof the following new section: —
“Committal for trial where accused wishes to plead guilty
137A.  Where an accused who is brought before an examining Magistrate states that he wishes to plead guilty to the charge preferred against him, such Magistrate shall record the facts of the case presented by the prosecution and if the facts disclose sufficient grounds for committing the accused, he shall satisfy himself that the accused understands the nature of the charge and intends to admit without qualification the offence alleged against him and, on being so satisfied, shall commit the accused for trial for the offence.”.
Amendment of section 150C
9.  Section 150C of the Code is hereby amended by inserting immediately before the word “aware” appearing in the last line of subsection (8) thereof the word “not”.
Amendment of section 173
10.  Section 173 of the Code is hereby amended by deleting paragraphs (j), (k) and (l) thereof and substituting therefor the following: —
“(j)if the accused does not plead guilty to the charge as amended or if no amendment is made, the accused shall then be called upon to enter upon his defence;
(k)
(i)before any evidence is called for the defence, the court shall tell the accused that he will be called upon by the court to give evidence in his own defence and shall tell him in ordinary language what the effect will be if, when so called upon, he refuses to be sworn or affirmed; and thereupon the court shall call upon the accused to give evidence;
(ii)if any accused person elects to give evidence his evidence shall be taken before that of other witnesses for the defence;
(iii)any accused person who elects to give evidence may be cross-examined on behalf of any other accused person;
(l)any accused person shall, at any time while he is making his defence, be allowed to recall and cross-examine any witness present in the court or its precincts;”.
New section 174A
11.  The Code is hereby amended by inserting immediately after section 174 thereof the following new section: —
“Notice of alibi
174A.—(1)  In any summary trial, the accused shall not without the leave of the court adduce evidence in support of an alibi unless, before the end of the prescribed period, he gives notice of particulars of the alibi.
(2)  Without prejudice to subsection (1) of this section, on any such trial the accused shall not without the leave of the court call any other person to give such evidence unless —
(a)the notice under that subsection includes the name and address of the witness or, if the name or address is not known to the accused at the time he gives the notice, any information in his possession which might be of material assistance in finding the witness;
(b)if the name or the address is not included in that notice, the court is satisfied that the accused, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained;
(c)if the name or the address is not included in that notice, but the accused subsequently discovers the name or address or receives other information which might be of material assistance in finding the witness, he forthwith gives notice of the name, address or other information, as the case may be; and
(d)if the accused is notified by, or on behalf of, the Public Prosecutor that the witness has not been traced by the name or at the address given, he forthwith gives notice of any such information which is then in his possession or, on subsequently receiving any such information, forthwith gives notice of it.
(3)  Any evidence tendered to disprove an alibi may, subject to any directions by the court as to the time it is to be given, be given before or after evidence is given in support of the alibi.
(4)  Any notice purporting to be given under this section on behalf of the accused by his advocate and solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the accused.
(5)  A notice under subsection (1) of this section shall either be given in court during, or at the end of, the proceedings before the Magistrate on the occasion that the accused is charged in court for the first time with the offence in respect of which he is raising the defence of an alibi, or be given in writing to the Public Prosecutor or to the officer in charge of the prison where the accused is kept for him to forward to the Public Prosecutor, and a notice under paragraph (c) or (d) of subsection (2) of this section shall be given in writing to the Public Prosecutor.
(6)  A notice required by this section to be given to the Public Prosecutor may be given by delivering it to him, or by leaving it at his office, or by sending it in a registered letter addressed to him at his office.
(7)  If the Public Prosecutor interviews any witness who is named in a notice given under this section, the accused or his advocate and solicitor shall be entitled to be present at the interview.
(8)  The court shall not refuse leave under this section if it appears that no advocate and solicitor has been instructed to act for the accused at any time prior to the trial of the accused and if it is satisfied that the accused was not aware of the provisions of this section.
(9)  In this section —
“evidence in support of an alibi” means evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission;
“the prescribed period” means the period of fourteen days from the end of the proceedings before the Magistrate on the occasion that the accused is charged in court for the first time with the offence in respect of which he is raising the defence of an alibi.”.
Amendment of section 179
12.  Section 179 of the Code is hereby amended by deleting subsection (3) thereof and substituting therefor the following: —
“(3)  If the accused refuses to plead or does not plead, or if he claims to be tried, the court shall —
(a)proceed to try the case; or
(b)if the accused was committed for trial under section 137A, order him to be brought before an examining Magistrate for a preliminary inquiry.”.
Amendment of section 180
13.  Section 180 of the Code is hereby amended by inserting immediately after subsection (2) thereof the following new subsection: —
“(3)  A person who has not given evidence at a preliminary inquiry shall not be called as a witness by the prosecution at any trial before the verdict is given, unless the accused person or his advocate and the Registrar have been previously served with a notice in writing of the intention to call such person stating the person’s name and address and the substance of the evidence intended to be given.”.
Amendment of section 181
14.  Section 181 of the Code is hereby amended —
(a)by renumbering the section as subsection (1); and
(b)by inserting immediately thereafter the following new subsection: —
“(2)  Before any evidence is called for the defence, the court shall tell the accused that he will be called upon by the court to give evidence in his own defence and shall tell him in ordinary language what the effect will be if, when so called upon, he refuses to be sworn or affirmed, and thereupon the court shall call upon the accused to give evidence.”.
New section 184A
15.  The Code is hereby amended by inserting immediately after section 184 thereof the following new section: —
“Public Prosecutor may decline further to prosecute at any stage
184A.—(1)  At any stage of any trial before the High Court before the return of the verdict, the Public Prosecutor may, if he thinks fit, inform the court that he will not further prosecute the accused upon the charge and thereupon all proceedings on the charge against the accused shall be stayed and he shall be discharged from and of the same.
(2)  Such discharge shall not amount to an acquittal unless the presiding Judge so directs except in cases coming under section 170.”.
New section 186A
16.  The Code is hereby amended by inserting immediately after section 186 thereof the following new section: —
“Accused not to make a statement without being sworn or affirmed
186A.—(1)  In any criminal proceedings except an inquiry preliminary to committal for trial, the accused shall not be entitled to make a statement without being sworn or affirmed, and accordingly, if he gives evidence, he shall do so on oath or affirmation and be liable to cross-examination; but this subsection shall not affect the right of the accused, if not represented by an advocate, to address the court otherwise than on oath or affirmation on any matter on which, if he were so represented, the advocate could address the court on his behalf.
(2)  If the accused —
(a)after being called upon by the court to give evidence or after he or the advocate representing him has informed the court that he 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 determining whether the accused is guilty of the offence charged, may draw such inferences from the refusal as appear proper.
(3)  Nothing in this section shall be taken to render the accused compellable to give evidence on his own behalf, and he shall accordingly not be guilty of contempt of court by reason of a refusal to be sworn or affirmed in the circumstances described in paragraph (a) of subsection (2).
(4)  For the purposes of this section a person who, having been sworn or affirmed, refuses to answer any question shall be taken to do so without good cause unless —
(a)he is entitled to refuse to answer the question by virtue of subsection (4) of section 120 of the Evidence Act (Cap. 5) or of any other written law or on the ground of privilege; or
(b)the court in the exercise of its discretion excuses him from answering it.”.
Amendment of section 237
17.  Section 237 of the Code is hereby amended —
(a)by deleting the marginal reference “Form 42.” appearing against the penultimate line of subsection (1) thereof; and
(b)by inserting the marginal reference “Form 42.” against the penultimate line of subsection (4) thereof.
Repeal and re-enactment of section 317
18.  Section 317 of the Code is hereby repealed and the following substituted therefor: —
“Application for writ of habeas corpus
317.—(1)  Any person —
(a)who is detained in any prison within the limits of Singapore on a warrant of extradition under any law for the time being in force in Singapore relating to extradition of fugitive offenders; or
(b)who is alleged to be illegally or improperly detained in public or private custody within those limits; or
(c)who claims to be brought before the court to be dealt with according to law,
may apply to the High Court for a writ of habeas corpus.
(2)  On an application by a person detained on a warrant of extradition, the Court shall call upon the Public Prosecutor, the committing Magistrate and the foreign Government to show cause why the writ should not issue.
(3)  Notice of the application together with copies of all the evidence used on the application shall be served upon the Public Prosecutor.”.
Repeal of sections 318 to 324
19.  Sections 318 to 324 of the Code are hereby repealed.
Amendment of section 331
20.  Section 331 of the Code is hereby amended by deleting subsection (1) thereof and substituting therefor the following: —
“(1)  Whenever there is no Judge of the High Court present in Singapore in the execution of the duties of his office, and for the purpose of this section a Judge shall be deemed to be absent when illness prevents him from attending to his duties, the Registrar may, in urgent cases, make any of the orders mentioned in sections 325 and 329.”.
Repeal of section 371A
21.  Section 371A of the Code is hereby repealed.
Renumbering of section 371B
22.  Section 371B of the Code is hereby renumbered as section 371A.
New sections 371B to 371J
23.  The Code is hereby amended by inserting immediately after section 371A thereof the following new sections: —
“Hearsay evidence to be admissible only by virtue of this Code and other written law
371B.  In any criminal proceedings a statement other than one made by a person while giving oral evidence in those proceedings shall be admissible as evidence of any fact stated therein to the extent that it is so admissible by virtue of any provision of this Code or any other written law, but not otherwise.
Admissibility of out-of-court statements as evidence of facts stated
371C.—(1)  In any criminal proceedings a statement made, whether orally or in a document or otherwise, by any person shall, subject to this and section 371D and to the rules of law governing the admissibility of confessions, be admissible as evidence of any fact stated therein of which direct oral evidence by him would be admissible, if —
(a)being compellable to give evidence on behalf of the party desiring to give the statement in evidence, he attends or is brought before the court but refuses to be sworn or affirmed; or
(b)it is shown with respect to him —
(i)that he is dead, or is unfit by reason of his bodily or mental condition to attend as a witness; or
(ii)that he is beyond the seas and that it is not reasonably practicable to secure his attendance; or
(iii)that, being competent but not compellable to give evidence on behalf of the party desiring to give the statement in evidence, he refuses to give evidence on behalf of that party; or
(iv)that, his identity being known, all reasonable steps have been taken to find him, but that he cannot be found.
(2)  Where a person makes an oral statement to or in the hearing of another person who, acting at the instance of the maker of the statement, reduces it (or the substance of it) into writing at the time or reasonably soon afterwards, thereby producing a corresponding statement in a document, the statement in the document shall be treated for the purposes of this section (and sections 371D and 371F so far as they have effect for the purposes of this section) as having been made in the document by the maker of the oral statement, whether or not it would be so treated apart from this subsection.
(3)  In this section and in sections 371D to 371J —
“document” includes, in addition to a document in writing —
(a)any map, plan, graph or drawing;
(b)any photograph;
(c)any disc, tape, sound-track, or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
(d)any film, negative, tape or other device in which one or more visual images are embodied so as to be capable (as aforesaid) of being reproduced therefrom;
“film” includes a microfilm;
“statement” includes any representation of fact, whether made in words or otherwise.
Any reference to a copy of a document includes —
(a)in the case of a document falling within paragraph (c) but not paragraph (d) of the definition of “document” above, a transcript of the sounds or other data embodied therein;
(b)in the case of a document falling within paragraph (d) but not paragraph (c) of that definition, a reproduction or still reproduction of the image or images embodied therein, whether enlarged or not;
(c)in the case of a document falling within the said paragraphs (c) and (d), such a transcript together with such a still reproduction; and
(d)in the case of a document not falling within the said paragraph (d) of which a visual image is embodied in a document falling within that paragraph, a reproduction of that image, whether enlarged or not,
and any reference to a copy of the material part of a document shall be construed accordingly.
(4)  For the purposes of this section and of sections 371D to 371J, a protest, greeting or other verbal utterance may be treated as stating any fact which the utterance implies.
Restrictions on admissibility of statements by virtue of section 371C
371D.—(1)  A statement shall not be admissible in evidence in any criminal proceedings by virtue of paragraph (a) of subsection (1) or sub-paragraph (ii), (iii) or (iv) of paragraph (b) of subsection (1) of section 371C if it was made after the earliest time when any of the following things was done in relation to the accused or, where two or more persons are jointly charged, in relation to any of the accused, that is to say: —
(a)he was charged with any offence in respect of the conduct constituting the offence with which he is charged; or
(b)he was officially informed that he might be prosecuted in respect of that conduct; or
(c)he was served with a summons issued against him in respect of that conduct.
In this subsection “officially informed” means informed by a police officer or by a person (other than a police officer) charged with the duty of investigating offences or charging offenders.
(2)  At a trial before the High Court a statement shall not without the leave of the Court be given in evidence by virtue of paragraph (b) of subsection (1) of section 371C on behalf of a party to the proceedings unless, before the end of the prescribed period, a notice complying with such of the requirements set out in subsection (3) as are applicable has been served by or on behalf of that party on each of the other parties to the proceedings.
In this subsection “the prescribed period” means the period of seven days from the end of the proceedings before the examining Magistrate or, where two or more persons are being jointly tried, from the end of the proceedings before the examining Magistrate in respect of whichever of them was last committed for trial.
(3)  The requirements referred to in subsection (2) are as follows: —
(a)the notice shall state on which of the grounds mentioned in paragraph (b) of subsection (1) of section 371C it is claimed that the statement is admissible and, if the ground stated is that mentioned in sub-paragraph (iv) of paragraph (b) of subsection (1) of section 371C, must give particulars of the steps taken to find the maker;
(b)in the case of a statement made otherwise than in a document, the notice shall state whether it was made orally or in some other (and, if so, what) manner, and shall also state —
(i)the time and place at which the statement was made; and
(ii)the name of the maker of the statement, if known, and (unless he is dead) his address, if known; and
(iii)the name and address of a person who heard or otherwise perceived the statement being made; and
(iv)the substance of the statement or, if it was made orally and the actual words used in making it are material, the words so used;
(c)in the case of a statement made in a document, the notice shall contain or have attached to it a copy of that document, or of the material part thereof, and shall state the following matters, that is to say: —
(i)the matters mentioned in sub-paragraphs (i) and (ii) of paragraph (b); and
(ii)if the maker of the document is not the same person as the maker of the statement, the name of the maker of the document, if known, and (unless he is dead) his address, if known,
in so far as those matters are not readily apparent from the document or part in question.
(4)  A notice required by subsection (2) to be served on any person may be served —
(a)by delivering it to him or to his solicitor; or
(b)by addressing it to him and leaving it at his usual or last known place of abode or place of business or by addressing it to his solicitor and leaving it at his office; or
(c)by sending it in a registered letter addressed to him at his usual or last known place of abode or place of business or addressed to his solicitor at his office; or
(d)in the case of a body corporate, by delivering it to the secretary or clerk of the body at its registered office or sending it in a registered letter addressed to the secretary or clerk of the body at that office.
Admissibility of certain records as evidence of facts stated
371E.—(1)  Without prejudice to section 34A of the Evidence Act (Cap. 5), in any criminal proceedings a statement contained in a document shall, subject to this section, be admissible as evidence of any fact stated therein of which direct oral evidence would be admissible, if —
(a)the document is, or forms part of, a record compiled by a person acting under a duty from information which was supplied by a person (whether acting under a duty or not) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in that information and which, if not supplied by that person to the compiler of the record directly, was supplied by him to the compiler of the record indirectly through one or more intermediaries each acting under a duty; and
(b)the condition specified in paragraph (a) or (b) of subsection (2) or any of the conditions specified in paragraph (c) of subsection (2) is satisfied as regards the person who originally supplied the information from which the record containing the statement was compiled.
(2)  The conditions referred to in paragraph (b) of subsection (1) are the following, namely: —
(a)that the person in question has been or is to be called as a witness in the proceedings;
(b)that the person in question, being compellable to give evidence on behalf of the party desiring to give the statement in evidence, attends or is brought before the court but refuses to be sworn or affirmed;
(c)that it is shown with respect to the person in question —
(i)that he is dead or is unfit by reason of his bodily or mental condition to attend as a witness; or
(ii)that he is beyond the seas and that it is not reasonably practicable to secure his attendance; or
(iii)that, being competent but not compellable to give evidence on behalf of the party desiring to give the statement in evidence, he refuses to give evidence on behalf of that party; or
(iv)that, his identity being known, all reasonable steps have been taken to find him, but that he cannot be found; or
(v)that, having regard to the time which has elapsed since he supplied the information and to all the circumstances, he cannot reasonably be expected to have any recollection of the matters dealt with in the statement.
(3)  A statement shall not be admissible in evidence in any criminal proceedings by virtue of paragraph (b) of subsection (2) or sub-paragraph (ii), (iii) or (iv) of paragraph (c) of subsection (2) if the person who originally supplied the information from which the record containing the statement was compiled did so after the earliest time when any of the following things was done in relation to the accused or, where two or more persons are jointly charged, in relation to any of the accused, that is to say: —
(a)he was charged with any offence in respect of the conduct constituting the offence with which he is charged; or
(b)he was officially informed that he might be prosecuted in respect of that conduct; or
(c)he was served with a summons issued against him in respect of that conduct.
In this subsection “officially informed” has the same meaning as in subsection (1) of section 371D.
(4)  Where a document setting out the evidence which a person could be expected to give as a witness has been prepared for the purpose of any pending or contemplated proceedings, whether civil or criminal, and that document falls within paragraph (a) of subsection (1), then in any criminal proceedings in which that person has been or is to be called as a witness a statement contained in that document shall not be given in evidence by virtue of paragraph (a) or sub-paragraph (v) of paragraph (c) of subsection (2) without the leave of the court; and the court shall not give leave under this subsection in respect of any such statement unless it is of the opinion that, in the particular circumstances in which that leave is sought, it is in the interests of justice for the witness’s oral evidence to be supplemented by the reception of that statement or for the statement to be received as evidence of any matter about which he is unable or unwilling to give oral evidence.
(5)  Any reference in this section to a person acting under a duty includes a reference to a person acting in the course of any trade, business, profession or other occupation in which he is engaged or employed or for the purposes of any paid or unpaid office held by him.
Provisions supplementary to sections 371C or 371E
371F.—(1)  Where in any criminal proceedings a statement contained in a document is admissible in evidence by virtue of section 371C or 371E, it may be proved by the production of that document or (whether or not that document is still in existence) by the production of a copy of that document, or of the material part thereof, authenticated in such manner as the court may approve.
(2)  For the purpose of deciding whether or not a statement is admissible in evidence by virtue of section 371C or 371E, the court may draw any reasonable inference from the circumstances in which the statement was made or otherwise came into being or from any other circumstances, including, in the case of a statement contained in a document, the form and contents of that document.
(3)  In estimating the weight, if any, to be attached to a statement admissible in evidence by virtue of section 371C or 371E, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and, in particular —
(a)in the case of a statement falling within subsection (1) of section 371C, to the question whether or not the statement was made contemporaneously with the occurrence or existence of the facts stated, and to the question whether or not the maker of the statement had any incentive to conceal or misrepresent the facts; and
(b)in the case of a statement falling within section 371E, to the question whether or not the person who originally supplied the information from which the record containing the statement was compiled did so contemporaneously with the occurrence or existence of the facts dealt with in that information, and to the question whether or not that person, or any person concerned with compiling or keeping the record containing the statement, had any incentive to conceal or misrepresent the facts.
(4)  For the purpose of any rule of law or practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated —
(a)a statement which is admissible in evidence by virtue of section 371C shall not be capable of corroborating evidence given by the maker of the statement; and
(b)a statement which is admissible in evidence by virtue of section 371E shall not be capable of corroborating evidence given by the person who originally supplied the information from which the record containing the statement was compiled.
Admissibility of hearsay evidence by agreement of the parties
371G.—(1)  If, as regards any statement contained in a document or made by a person otherwise than in a document, the parties to any criminal proceedings agree at a hearing that for the purpose of those proceedings the statement may be given in evidence, then, unless the court otherwise directs, the statement shall in those proceedings and in any proceedings arising out of them (including any appeal or retrial) be admissible as evidence of any fact stated therein:
Provided that such an agreement —
(a)shall not enable a statement to be given in evidence by virtue of this section on behalf of the prosecution if at the time when the agreement is made the accused or any of the accused is not represented by a solicitor; and
(b)if made during proceedings before a Magistrate inquiring into an offence as examining Magistrate, shall be of no effect for the purpose of any proceedings before the High Court or any proceedings arising out of proceedings before the High Court.
(2)  Where in any criminal proceedings a statement contained in a document is admissible by virtue of this section, it may be proved by the production of that document or (whether or not that document is still in existence) by the production of a copy of that document, or of the material part thereof, authenticated in such manner as the court may approve.
(3)  Where a statement is given in evidence by virtue of this section but might have become admissible in evidence by virtue of section 371C or 371E, subsection (4) of section 371F shall apply to it as if it were admissible by virtue of section 371C or 371E, as the case may be.
Admissibility of evidence as to credibility of maker, etc., of statement admitted under certain provisions of this Chapter
371H.—(1)  Where in any criminal proceedings a statement made by a person who is not called as a witness in those proceedings is given in evidence by virtue of section 371C —
(a)any evidence which, if that person had been so called, would be admissible for the purpose of destroying or supporting his credibility as a witness shall be admissible for that purpose in those proceedings; and
(b)as regards any matter which, if that person had been so called, could have been put to him in cross-examination for the purpose of destroying his credibility as a witness, being a matter of which, if he had denied it, evidence could not have been adduced by the cross-examining party, evidence of that matter may with the leave of the court be given for that purpose.
(2)  Where in any criminal proceedings a statement made by a person who is not called as a witness in those proceedings is given in evidence by virtue of section 371C, evidence tending to prove that, whether before or after he made that statement, that person made (whether orally or in a document or otherwise) another statement inconsistent therewith shall be admissible for the purpose of showing that that person has contradicted himself.
(3)  Subsections (1) and (2) shall apply in relation to a statement given in evidence by virtue of section 371E as they apply in relation to a statement given in evidence by virtue of section 371C, except that references to the person who made the statement and to his making the statement shall be construed respectively as references to the person who originally supplied the information from which the record containing the statement was compiled and to his supplying that information.
(4)  Subsection (2) of section 371C shall apply for the purposes of this section as it applies for the purposes of section 371C.
Saving for exceptions to rule against hearsay in Evidence Act
371I.  Nothing in this Chapter shall prejudice the admissibility in any criminal proceedings of any statement which would by virtue of the Evidence Act (Cap. 5) be admissible as evidence of any fact stated therein.
Application of sections 371C to 371H to statements of opinion
371J.—(1)  Subject to the provisions of this section, sections 371C to 371H shall apply in relation to statements of opinion as it applies in relation to statements of fact, subject to the necessary modifications and in particular the modification that any reference in those sections to a fact stated in a statement shall be construed as a reference to a matter dealt with therein.
(2)  Section 371E, as applied by subsection (1), shall not render admissible in any criminal proceedings a statement of opinion contained in a record unless that statement would be admissible in those proceedings if made in the course of giving oral evidence by the person who originally supplied the information from which the record was compiled; but where a statement of opinion contained in a record deals with a matter on which the person who originally supplied the information from which the record was compiled is (or would if living be) qualified to give oral expert evidence, section 371E, as applied by subsection (1), shall have effect in relation to that statement as if so much of subsection (1) of that section as requires personal knowledge on the part of that person were omitted.
(3)  Where a person is called as a witness in any criminal proceedings, a statement of opinion by him on a relevant matter on which he is not qualified to give expert evidence, if made as a way of conveying relevant facts personally perceived by him, is admissible as evidence of what he perceived.”.
Amendment of Schedule A
24.  Schedule A to the Code is hereby amended —
(a)by deleting the words “Shall not” appearing in the third column against section 409 thereof and substituting therefor the word “May”; and
(b)by deleting the word “Ditto” appearing in the third column against —
(i)section 468 thereof and substituting therefor the words “May arrest without warrant.”;
(ii)section 469 thereof and substituting therefor the words “Shall not arrest without warrant.”; and
(iii)section 477A thereof and substituting therefor the words “May arrest without warrant.”.
Amendment of Schedule B
25.  Schedule B to the Code is hereby amended by deleting Form 55 thereof.
Amendment of Schedule C
26.  Schedule C to the Code is hereby amended by deleting the word “President” appearing in the first line of paragraph 1 thereof and substituting therefor the word “Minister”.
Repeal of Schedule E
27.  Schedule E to the Code is hereby repealed.
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Last updated 18 Apr 2024
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