Singapore legislation
Section 380
Section 380
Admissibility of certain records as evidence of facts stated
(1)
Without prejudice to section 35 of the Evidence Act [Cap. 97], in any criminal proceedings a statement contained in a document shall, subject to this section, be admissible as evidence of any fact stated therein of which direct oral evidence would be admissible, if —
the document is, or forms part of, a record compiled by a person acting under a duty from information which was supplied by a person (whether acting under a duty or not) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in that information and which, if not supplied by that person to the compiler of the record directly, was supplied by him to the compiler of the record indirectly through one or more intermediaries each acting under a duty; and
the condition specified in subsection (2) (a) or (b) or any of the conditions specified in subsection (2) (c) is satisfied as regards the person who originally supplied the information from which the record containing the statement was compiled.
(2)
The conditions referred to in subsection (1) (b) are the following:
that the person in question has been or is to be called as a witness in the proceedings;
that the person in question, being compellable to give evidence on behalf of the party desiring to give the statement in evidence, attends or is brought before the court but refuses to be sworn or affirmed;
that it is shown with respect to the person in question —
that he is dead or is unfit by reason of his bodily or mental condition to attend as a witness;
that he is beyond the seas and that it is not reasonably practicable to secure his attendance;
that, being competent but not compellable to give evidence on behalf of the party desiring to give the statement in evidence, he refuses to give evidence on behalf of that party; or
that, having regard to the time which has elapsed since he supplied the information and to all the circumstances, he cannot reasonably be expected to have any recollection of the matters dealt with in the statement.
(3)
A statement shall not be admissible in evidence in any criminal proceedings by virtue of subsection (2) (b) or subsection (2) (c) (ii) or (iii) if the person who originally supplied the information from which the record containing the statement was compiled did so after the commencement of investigations into the offence, the subject-matter of the proceedings.
(4)
Where a document setting out the evidence which a person could be expected to give as a witness has been prepared for the purpose of any pending or contemplated proceedings, whether civil or criminal, and that document falls within subsection (1) (a), then in any criminal proceedings in which that person has been or is to be called as a witness a statement contained in that document shall not be given in evidence by virtue of subsection (2) (a) or (2) (c) (iv) without the leave of the court; and the court shall not give leave under this subsection in respect of any such statement unless it is of the opinion that, in the particular circumstances in which that leave is sought, it is in the interests of justice for the witness’s oral evidence to be supplemented by the reception of that statement or for the statement to be received as evidence of any matter about which he is unable or unwilling to give oral evidence.
(5)
Any reference in this section to a person acting under a duty includes a reference to a person acting in the course of any trade, business, profession or other occupation in which he is engaged or employed or for the purposes of any paid or unpaid office held by him.[379