3. The Criminal Procedure Code is hereby amended by repealing Chapter XVII thereof and substituting therefor the following: —| PRELIMINARY INQUIRIES INTO CASES TRIABLE BY THE HIGH COURT |
| Procedure in inquiries preparatory to commitment |
137.—(1) The following procedure and no other procedure shall be adopted in inquiries before a Magistrate (hereinafter in this Chapter referred to as the “examining Magistrate”) where the inquiry is held with a view to committal for trial to the High Court.| (2) Whenever from any cause an examining Magistrate making an inquiry preliminary to committal for trial is unable conveniently to complete the proceedings of the inquiry himself another examining Magistrate may complete the case and proceed as if he had heard and recorded all the evidence himself. |
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| Committal for trial on written statements |
138. An examining Magistrate making an inquiry preliminary to committal for trial may, where he is satisfied —| (a) | that all the evidence before the court, whether for the prosecution or the defence, consists of written statements tendered to the court under section 139 of this Code, with or without exhibits; and | | (b) | that the statements disclose sufficient evidence to put an accused upon his trial, |
| commit the accused for trial for the offence. |
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| Written statements before examining Magistrate |
139.—(1) In preliminary inquiries conducted under this Chapter, a written statement by any person shall, if the conditions mentioned in subsection (2) of this section are satisfied, he admissible as evidence to the like extent as oral evidence to the like effect by that person.(2) The said conditions are —| (a) | the statement purports to be signed by the person who made it; | | (b) | the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true; | | (c) | before the statement is tendered in evidence, a copy of the statement is given, by or on behalf of the party proposing to tender it, to each of the other parties to the proceedings not less than seven days before the date of hearing; and | | (d) | none of the other parties, before the statement is tendered in evidence at the preliminary inquiry, objects to the statement being so tendered under this section. |
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(3) The following provisions shall also have effect in relation to any written statement tendered in evidence under this section, that is to say: —| (a) | if the statement is made by a person under the age of twenty-one years, it shall give his age; | | (b) | if it is made by a person who cannot read it, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read; and | | (c) | if it refers to any other document as an exhibit, the copy given to any other party to the proceedings under paragraph (c) of subsection (2) of this section shall be accompanied by a copy of that document or by such information as may be necessary in order to enable the party to whom it is given to inspect that document or a copy thereof. |
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| (4) Notwithstanding that a written statement made by any person may be admissible in preliminary inquiries by virtue of this section, the court before which the proceedings are held may, of its own motion or on the application of any party to the proceedings, require that person to attend before the court and give evidence. |
| (5) So much of any statement as is admitted in evidence by virtue of this section shall, unless the court otherwise directs, be read aloud at the hearing, and where the court so directs an account shall be given orally of so much of any statement as is not read aloud. |
| (6) Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this section shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement. |
| (7) Section 365 of this Code shall apply to any written statement tendered in evidence in preliminary inquiries under this section, as it applies to a deposition taken in such proceedings. |
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| When accused person to be discharged |
140.—(1) When the written statements and all the other evidence, if any, in support of the prosecution have been received in evidence, the examining Magistrate shall, if he finds that there are not sufficient grounds for committing the accused person for trial, discharge him.(2) If after taking the evidence for the prosecution as aforesaid, the examining Magistrate is of the opinion that there are sufficient grounds for committing the accused, but that the offence disclosed by the evidence is such as might more properly be tried summarily, he may either —| (a) | frame a charge or charges in writing and call upon the accused to plead thereto; or | | (b) | order the accused to be tried before any other Magistrate’s Court or before a District Court. |
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| (3) If the examining Magistrate proceeds under paragraph (a) of subsection (2) of this section, the case shall proceed as a summary trial. |
| (4) Nothing in this section shall be deemed to prevent an examining Magistrate from discharging the accused at any previous stage of the case if for reasons to be recorded by such examining Magistrate, he considers the charge to be groundless. |
| (5) When the examining Magistrate is of the opinion that there are peculiar difficulties or circumstances connected with the case or whenever he is so directed by the Public Prosecutor, he shall remand the accused or admit him to bail and shall forthwith transmit the evidence before the court to the Public Prosecutor in order that he may give such instructions as to him appear requisite. |
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141.—(1) If after taking the written statements and all the other evidence, if any, in support of the prosecution, the examining Magistrate is of the opinion that on the evidence as it stands the accused should be committed for trial, he shall frame a charge under his hand declaring with what offence or offences the accused is charged.(2) As soon as the charge has been framed, it shall be read and explained to the accused and the examining Magistrate shall say to him these words or words to the like effect: —| “Having heard the evidence do you wish to say anything in answer to the charge? You have nothing to hope from any promise of favour and nothing to fear from any threat which may have been held out to you to induce you to make any confession of your guilt. You are not bound to say anything unless you desire to do so but whatever you say will be taken down in writing and may be given in evidence at your trial.”. |
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| Committal when defence reserved |
| 142. If the accused elects to reserve his defence, he shall forthwith be committed for trial before the High Court. |
143.—(1) If the accused elects to make his defence before the examining Magistrate instead of making a written statement under section 139 of this Code, the statement made by the accused, if any, shall be taken down in writing and read over to him and shall be signed by such examining Magistrate and kept with the written statements made under section 139 of this Code and depositions, if any, and transmitted with them as hereinafter mentioned.| (2) The evidence of the accused if he tenders himself as a witness in his own behalf in lieu of making a statement under subsection (1) of this section or section 139 of this Code and of any witnesses whom he may desire to call shall then be taken. |
| (3) Notwithstanding anything contained in the Evidence Act (Cap. 5), the accused shall be a competent witness in his own behalf in all inquiries under this Chapter. |
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| Discharge or committal after defence |
144. When the provisions of section 143 of this Code have been complied with, the examining Magistrate shall —| (a) | if he finds that there are not sufficient grounds for committing him for trial, discharge the accused; or | | (b) | if he finds that there are sufficient grounds for committing him for trial, commit the accused for trial before the High Court. |
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| List of witnesses for defence on trial |
145.—(1) When the accused has been committed for trial under section 138, 142 or 144 of this Code, the examining Magistrate shall require the accused to give orally or in writing a list of the names and so far as practicable the addresses of the persons, if any, whom he wishes to be summoned to give evidence on his trial and shall record that he has so done.| (2) If the examining Magistrate thinks that any witness is included in the above list for the purpose of vexation or delay or of defeating the ends of justice, he may require the accused to satisfy him that there are reasonable grounds for believing that the evidence of that witness is material, and if he is not so satisfied may remove the name of such witness from the list, recording his reason for such action, or may require such sum to be deposited as the examining Magistrate thinks necessary to defray the expense of obtaining the attendance of such witness at the trial. |
| (3) The list of witnesses, as finally determined, shall be included in the record. |
(4) The accused or any person on his behalf may at any time before his trial give to the Registrar or the officer in charge of the prison in which he is kept, a further list of persons whom he wishes to give evidence on his behalf on the trial:| Provided that such list is accompanied by a concise statement of the facts to be proved by those witnesses and if given to the officer in charge of the prison it shall be forwarded by him to the Registrar. |
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| (5) The Registrar on receiving such list and statement shall forthwith transmit the same to the Public Prosecutor and shall also issue subpoenas to compel the attendance of those witnesses at the trial. |
| (6) If any of such subpoenas cannot be served, the Registrar shall forthwith inform the Public Prosecutor and the accused or his advocate and solicitor. |
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146.—(1) Witnesses for the prosecution and the defence whose attendance before the High Court is necessary and who have appeared before the Magistrate’s Court pursuant to subsection (4) of section 139 of this Code or whose written statements have been admitted by the Court under that section shall execute before it bonds binding themselves to be in attendance when called upon at the High Court to give evidence.| (2) If any witness refuses to execute such bond, the Magistrate’s Court may commit him to prison until the trial or until he gives satisfactory security that he will give evidence at the trial. |
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| Attendance at trial of person making report |
147.—(1) Where any document has been used as evidence in the inquiry in accordance with the provisions of subsection (2) of section 273 or subsection (1) of section 366 of this Code, the examining Magistrate shall then inform the accused that he has the right to require the attendance of the person under whose hand such document is made as a witness at the trial, and that he may, to this end, give notice at any time before the trial to the Registrar, or to the officer in charge of the prison in which he is kept, of his wish that such person be required to attend at the trial.| (2) On receiving any such notice from the accused, the officer in charge of the prison shall notify the Registrar. |
| (3) The Registrar on receipt of such notice from the accused or from the officer in charge of the prison shall forthwith issue a summons to compel the attendance of such person at the trial. |
| (4) Nothing in this section shall render such report inadmissible in evidence when the person who made it is dead or cannot be found or is incapable of giving evidence, or if his presence cannot be obtained without an amount of delay or expense which under the circumstances of the case the court considers unreasonable. |
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| Procedure after committal of the accused for trial |
148.—(1) When the accused is committed for trial, the Magistrate’s Court shall send a copy of the record of the proceedings to the Public Prosecutor and to the accused and, when it receives an order from the Public Prosecutor to do so, the original record and any document, weapon or other thing which is to be produced in evidence to the Registrar.| (2) Any such thing which from its bulk or otherwise cannot conveniently be forwarded to the Registrar may remain in the custody of the police. |
| (3) A list of all exhibits with a note of their distinguishing marks and showing which of such exhibits are forwarded with the record and which remain in the custody of the police shall be sent to the Registrar with the record. |
(4) The record shall comprise the following particulars: —| (a) | the serial number; | | (b) | the date of the commission of the offence; | | (c) | the date of the complaint, if any; | | (d) | the name and residence of the complainant, if any; | | (e) | the name, residence, if known, and nationality of the accused; | | (f) | the offence complained of and the offence, if any, proved and the value of the property, if any, in respect of which the offence has been committed; | | (g) | the date of the summons or warrant and of the return day of the summons, if any, or on which the accused was first arrested; | | (h) | the date on which the accused first appeared or was brought before the Magistrate’s Court; | | (i) | the date of the making of each adjournment or postponement, if any, and the date to which such adjournment or postponement was made and the grounds of making the same; | | (j) | the date on which the proceedings terminated; | | (k) | the order made; | | (l) | the depositions; | | (m) | the statement or evidence of the accused under section 143 of this Code, if any; | | (n) | the charge; | | (o) | the list of witnesses given by the accused. |
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| Power to summon supplementary witnesses |
149.—(1) The Magistrate’s Court may summon and examine supplementary witnesses after the commitment and before the commencement of the trial and bind them over in the manner hereinbefore provided to appear and give evidence.| (2) Such witnesses shall be examined in the presence of the accused who shall have the right to cross-examine them. |
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| Custody of accused pending trial |
150.—(1) The Magistrate’s Court shall, subject to the provisions of this Code regarding the taking of bail, commit the accused by warrant to custody until and during the trial.| (2) This section shall not apply where the accused is a corporation. |
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| 150A. In preliminary inquiries under this Chapter, the accused or his advocate and solicitor may at the end of the prosecution case and, if the accused has elected to make his defence, at the end of the defence case, address the court on a submission that there is insufficient evidence to put the accused on trial for the offence of which he is charged, and the officer or other person conducting the prosecution shall have the right of reply. |
| Restrictions on reports of preliminary inquiries |
150B.—(1) Except as provided by subsections (2) and (3) of this section, it shall not be lawful to publish in Singapore a written report, or to broadcast in Singapore a report, of any preliminary inquiry in Singapore containing any matter other than that permitted by subsection (4) of this section.| (2) A Magistrate’s Court shall, on an application for the purpose made with reference to any preliminary inquiry by the accused person or one of the accused persons, as the case may be, order that subsection (1) of this section shall not apply to reports of those proceedings. |
(3) It shall not be unlawful under this section to publish or broadcast a report of any preliminary inquiry containing any matter other than that permitted by subsection (4) of this section —| (a) | where the examining Magistrate determines not to commit the accused person or the accused persons for trial, after it so determines; | | (b) | where an examining Magistrate commits the accused person or any of the accused persons for trial, after the conclusion of his trial or, as the case may be, the trial of the last to be tried, |
| and where at any time during the inquiry, an examining Magistrate proceeds to try summarily the case of one or more of the accused persons under subsection (2) of section 140 of this Code, while committing the other accused person or one or more of the other accused persons for trial, it shall not be unlawful under this section to publish or broadcast as part of a report of the summary trial, after the court determines to proceed as aforesaid, a report of so much of the preliminary inquiry proceedings containing any such matter as takes place before the determination. |
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(4) The following matters may be contained in a report of preliminary inquiries published or broadcast without an order under subsection (2) of this section before the time authorised by subsection (3) of this section, that is to say: —| (a) | the identity of the court and the name of the examining Magistrate; | | (b) | the names, addresses and occupations of the parties and witnesses and the ages of the accused person or persons and witnesses; | | (c) | the offence or offences, or a summary of them, with which the accused person or persons is or are charged; | | (d) | the names of advocates and solicitors engaged in the proceedings; | | (e) | any decision of the court to commit the accused person or any of the accused persons for trial, and any decision of the court on the disposal of the case of any accused persons not committed; | | (f) | where the court commits the accused person or any of the accused persons for trial, the charge or charges, or a summary of them, on which he is committed; | | (g) | where the preliminary inquiry is adjourned, the date to which it is adjourned; | | (h) | any arrangements as to bail on committal or adjournment. |
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(5) If a report is published or broadcast in contravention of this section, the following persons, that is to say: —| (a) | in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical; | | (b) | in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it; | | (c) | in the case of a broadcast of a report, any body corporate which transmits or provides the programme in which the report is broadcast and any person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical, |
| shall be liable on summary conviction to a fine not exceeding five thousand dollars. |
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| (6) Proceedings for an offence under this section shall not be instituted otherwise than by or with the consent of the Public Prosecutor. |
| (7) Subsection (1) of this section shall be in addition to, and not in derogation of, the provisions of any other enactment with respect to the publication of reports and proceedings of Magistrates’ and other courts. |
(8) In this section —| “broadcast” means broadcast by wireless telegraphy sounds or visual images intended for general reception; |
| “publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public. |
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150C.—(1) On a trial before the High Court, 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. |
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| (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 examining Magistrate 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 hearing of the preliminary inquiry and if it is satisfied that the accused was 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 examining Magistrate. |
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| Provisions of this Chapter to prevail |
| 150D. If a conflict arises between the provisions of this Chapter and any other provisions of this Code or of any other written law, the provisions of this Chapter shall prevail. |
| 150E. The Minister may make rules for the carrying into effect of the purposes or provisions of this Chapter. |
| 150F. Any inquiry preliminary to committal for trial which has been commenced before the date of the coming into operation of the Criminal Procedure Code (Amendment) Act, 1972, but has not been completed at the time that Act comes into operation shall continue to be dealt with as if that Act had not been passed.”. |
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