Evidence (Restrictions on Questions and Evidence in Criminal Proceedings) Rules 2018

No. S 726

Evidence Act

(CHAPTER 97)

Evidence (Restrictions
on Questions and Evidence
in Criminal Proceedings) Rules 2018

In exercise of the powers conferred by section 154A(2) of the Evidence Act, the Minister for Law makes the following Rules:

Citation and commencement

1. These Rules are the Evidence (Restrictions on Questions and Evidence in Criminal Proceedings) Rules 2018 and come into operation on 31 October 2018.

Definition of “sexual behaviour”

2. In these Rules, unless the context otherwise requires, “sexual behaviour”, in relation to an alleged victim of an offence —

(a)	means any sexual behaviour or other sexual experience of the alleged victim involving any person other than the accused charged with the offence; but
(b)	excludes anything alleged to have taken place as part of the event that is the subject matter of the charge against the accused.

Restrictions on questions and evidence in criminal proceedings involving sexual offence or child abuse offence

3. In criminal proceedings where the accused is charged with committing a sexual offence or child abuse offence, the following apply:

(a)	except with the leave of the court, no question may be asked of the alleged victim of the offence, during cross‑examination by or on behalf of the accused, about the alleged victim’s sexual behaviour or physical appearance;
(b)	except with the leave of the court, no evidence may be adduced by or on behalf of the accused about the alleged victim’s sexual behaviour or physical appearance.

Application for leave of court

4.—(1) An application for leave under rule 3(a) or (b) is to be heard in the absence of the alleged victim of the offence.

(2) The court may grant leave under rule 3(a) or (b) only if it would not be in the interests of justice to disallow the asking of the question or the adducing of the evidence.

Made on 30 October 2018.

NG HOW YUE

Permanent Secretary,
Ministry of Law,
Singapore.

[63/009 EA-Rules-V1; AG/LEGIS/SL/97/2015/2 Vol. 1]

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