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Criminal Procedure Code

(Chapter 68, Section 407(1))

Criminal Procedure (Witnesses’ Allowances) Rules

R 1

G.N. No. S 397/1988

REVISED EDITION 1990

(25th March 1992)

[3rd January 1989]

Citation

1. These Rules may be cited as the Criminal Procedure (Witnesses’ Allowances) Rules.

Definitions

2. In these Rules, unless the context otherwise requires —

“authorising officer” means the Registrar of the Supreme Court, a District Judge, a Magistrate or the registrar of the Subordinate Courts, as the case may be;

“expert” has the same meaning as in section 47 of the Evidence Act [Cap. 97];

“witness” means a person properly attending to give evidence, whether or not he gives evidence.

Allowance for expert witnesses

3. There may be allowed in respect of a witness, who is an expert, for attending to give expert evidence and for work in connection with its preparation an expert witness allowance of $150 for each day’s attendance in court.

Allowance for other witnesses

4. There may be allowed in respect of a witness (other than a witness who receives an allowance under rule 3) who attends to give evidence an allowance as follows:

Persons whose monthly salary or income —

(a) exceeds $2,000

$150 per day;

(b) exceeds $1,000 but does not exceed $2,000

$100 per day; and

$50 per day.

Subsistence allowance

5.—(1) There may be allowed in respect of a witness who receives an allowance under rule 3 or 4 and is necessarily absent from his place of residence overnight for the purpose of attending as a witness, a subsistence allowance of $150 in respect of each period of 24 hours during which he is so absent overnight.

(2) Where the period of absence from the place of residence overnight for the purpose of attending as a witness does not exceed 24 hours but exceeds 8 hours, there may be allowed a subsistence allowance of $75.

Transport allowance

6.—(1) Where a witness travels to or from court by a public conveyance, there may be allowed in respect thereof such sums that have been reasonably incurred.

(2) Where a witness travels to or from court by his own motor vehicle, there may be allowed in respect thereof a sum of 40 cents a kilometre each way if the mode of travel is by way of a motor vehicle other than a motor-cycle, or a sum of 12 cents a kilometre each way if the mode of travel is by way of a motor-cycle, if the court is satisfied that the use of the vehicle results in a substantial saving of time or is otherwise reasonable.

(3) Travel to or from court shall be considered, for the purpose of paragraph (1) or (2), as being performed by the shortest practicable route or by the cheapest route.

(4) For the purpose of this rule, the shortest practicable route shall be deemed to be that by which a witness can most speedily reach the court by the ordinary modes of travel.

(5) If a witness travels to or from court by a route which is not the shortest, but which is cheaper than the shortest, any sum allowed under paragraph (1) or (2) shall be calculated according to the route by which he travelled.

(6) Where a witness resides outside the restricted zone and necessarily incurs expense for the area licence, he shall be reimbursed for the expense incurred upon presentation of the area licence to the authorising officer.

(7) In this rule, “restricted zone” and “area licence” have the same meanings assigned to them respectively in the Road Traffic (Restricted Zone and Area Licences) Rules.

[R 14.]

Public officers

7.—(1) Notwithstanding anything in these Rules, no sum shall be allowed under rules 3, 4, 5 and 6 in respect of a public officer required to attend court as a witness to a matter of which he has acquired knowledge in the course of his duty.

(2) The relevant Instruction Manual or Government circulars relating to transport and travel shall apply to the public officer referred to in paragraph (1).

(3) Where a public officer is required to attend court as a witness to any other matter, rule 6 shall apply to him; but no sum shall be allowed under rules 3, 4 and 5 unless he suffers any loss of earnings or pay, which he would otherwise have received.

Certification of allowance

8. Where an authorising officer allows any allowance, sum or fee to be paid to a witness under these Rules, the authorising officer shall certify the allowance, sum or fee to be paid to the witness in the form set out in the Schedule.