Criminal Procedure Code
(Chapter 68, Section 407(1))
Criminal Procedure Code
(Witnesses’ Allowances) Rules
R 1
G.N. No. S 296/1998

REVISED EDITION 2000
(31st January 2000)
[1st July 1998]
Citation
1.  These Rules may be cited as the Criminal Procedure Code (Witnesses’ Allowances) Rules.
Definitions
2.—(1)  In these Rules, unless the context otherwise requires —
“attendance in court” means the presence of a witness in court during any inquiry or trial held under the provisions of the Code to —
(a)await his turn to give evidence or to be identified by other witnesses;
(b)give evidence; or
(c)in the case of an expert witness, assist counsel when the corresponding expert witness of any other party to the proceedings is giving evidence;
“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;
“earned income” has the same meaning as in section 2(1) of the Income Tax Act (Cap. 134);
“expert” has the same meaning as in section 47 of the Evidence Act (Cap. 97);
“subsistence allowance” means an allowance in respect of food, lodging and other expenses that may have been incurred by a witness resident outside Singapore during the period of his stay in Singapore for the purpose of attending as a witness;
“witness” means a person properly attending in court —
(a)to give evidence, whether or not he in fact gives evidence; or
(b)to assist counsel in the case of an expert witness.
(2)  For the purposes of these Rules, any attendance in court in any one day by a witness —
(a)for a total period of 3 hours or less, excluding the lunch period, shall be considered as half a day’s attendance in court; and
(b)for a total period of more than 3 hours, excluding the lunch period, shall be considered a full day’s attendance in court.
Allowance for expert witnesses
3.  An expert witness may be allowed, for his attendance in court and for work done in connection with such attendance, an allowance of one-fiftieth of his monthly earned income for each half day’s attendance in court, subject to a maximum allowance of $350 for each half day’s attendance.
Allowance for expert written opinions or reports
4.  Where an expert witness has been requested by the court or the deputy public prosecutor or the defence counsel to prepare a written report or opinion, he may also be allowed an allowance, to be fixed by the authorising officer at his discretion, for the work done and the expenses properly incurred in connection with the preparation of the report or opinion, regardless of whether or not the report or opinion is subsequently admitted in evidence.
Allowance for other witnesses
5.  A witness, other than an expert witness, may be allowed, for his attendance in court, an allowance of one-fiftieth of his monthly earned income for each half day’s attendance in court, subject to a minimum allowance of $25 and a maximum allowance of $350 for each half day’s attendance.
Subsistence allowance
6.—(1)  Where the attendance in court of a witness who resides outside Singapore causes him to be necessarily absent from his place of residence overnight, the witness may be allowed, in addition to any allowance under rule 3 or 5, as the case may be, a subsistence allowance of $230 in respect of each 24-hour period of such absence.
(2)  Unless otherwise approved by the authorising officer, where the witness’ period of absence from his place of residence overnight does not exceed 24 hours but exceeds 8 hours, the witness may be allowed, in addition to any allowance under rule 3 or 5, as the case may be, a subsistence allowance of $115.
(3)  Unless the prior approval of the authorising officer has been obtained, no subsistence allowance shall be payable except in respect of the following periods of stay in Singapore:
(a)a maximum period of 24 hours before the time that the witness is required to attend court;
(b)the days on which the witness’ attendance in court is required; and
(c)a maximum period of 24 hours following the time that the witness’ attendance in court is no longer required.
Trans-national travel expenses
7.—(1)  A witness who resides outside Singapore and who travels by air to Singapore for the purpose of his attendance in court may be reimbursed his air fare on the basis of the economy class fare charged by the airline he has used, unless the prior approval of the authorising officer has been obtained for such witness to be reimbursed his air fare on the basis of a higher class of fare.
(2)  Where a witness has travelled by a mode of transport other than by air, he may be reimbursed his travelling expenses on the basis of the normal economy charges for the mode of public ferry service or land transport used, unless prior approval otherwise has been granted by the authorising officer.
(3)  Port charges or port taxes incurred by a witness may be reimbursed upon the relevant receipts or invoices being produced to the authorising officer.
Transport allowance within Singapore
8.—(1)  A witness may be allowed for each day’s attendance in court a fixed sum, not exceeding $20 as the authorising officer thinks fit, as transport allowance for travel between the court and his place of stay in Singapore, regardless of the mode of transport actually used, the distance of the court from the witness’ place of stay or any parking charge or road user charge incurred by the witness.
(2)  In this rule, “road user charge” means any fee, charge or toll payable under the following:
(a)Road Traffic (Electronic Road Pricing System) Rules (Cap. 276, R 38); and
(b)Road Traffic (Collection of Tolls at Woodlands and Tuas Checkpoints) Rules (G.N. No. S 101/98).
Public officers
9.—(1)  Unless otherwise approved by the authorising officer —
(a)no allowance or sum shall be allowed under rule 3, 4, 5, 6, 7 or 8 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; and
(b)the relevant Instruction Manual or Government circulars relating to transport and travel shall apply to such a public officer.
(2)  Where a public officer is required to attend court as a witness to any other matter, rule 8 shall apply to him; but no allowance or sum shall be allowed under rule 3, 4, 5, 6 or 7 unless he suffers any loss of earnings or pay, which he would otherwise have received.
Time for submission of claims
10.  A witness must submit his claim to the authorising officer in such form as the authorising officer may require no later than 2 months after accrual of the claim.
Evidence of monthly earned income and travel expenses
11.—(1)  No claim submitted by a witness in respect of —
(a)his monthly earned income; or
(b)any travel expenses referred to in rule 7,
shall be considered unless such witness produces to the authorising officer together with his claim such evidence of his monthly earned income or travel expenses as the authorising officer may require.
(2)  If no such evidence is available, the allowances for such witness shall be fixed by the authorising officer at his discretion.
Discretion of authorising officer to disallow claims
12.  The authorising officer may disallow any claim or part thereof which, in his view, is unreasonable or which has been unnecessarily incurred.
Certification of allowance
13.  Where an authorising officer allows any allowance or sum to be paid to a witness under these Rules, the authorising officer shall issue a certificate certifying the allowance or sum to be paid to the witness.
[G.N. No.S296/98]