Singapore legislation
Section 379
Section 379
Restrictions on admissibility of statements by virtue of section 378
(1)
A statement shall not be admissible in evidence in any criminal proceedings by virtue of section 378 (1) (a) or section 378 (1) (b) (ii) or (iii) if it was made after the commencement of investigations into the offence, the subject-matter of the proceedings.
(2)
At a trial before the High Court or Subordinate Court a statement shall not without the leave of the Court be given in evidence by virtue of section 378 (1) (b) on behalf of a party to the proceedings unless 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, as follows:
where the trial is before the High Court, before the expiry of 7 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;
where the trial is before a Subordinate Court, not less than 14 days before the date set down for the trial.
(3)
The requirements referred to in subsection (2) are as follows:
the notice shall state on which of the grounds mentioned in section 378 (1) (b) it is claimed that the statement is admissible;
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 —
the time and place at which the statement was made;
the name of the maker of the statement and (unless he is dead) his address, if known;
the name and address of a person who heard or otherwise perceived the statement being made; and
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;
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:
the matters mentioned in paragraph (b) (i) and (ii); and
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 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 —
by delivering it to him or to his advocate;
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 advocate and leaving it at his office;
by sending it through the post by a registered letter addressed to him at his usual or last known place of abode or place of business or addressed to his advocate at his office; or
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.[378