Singapore legislation

Clause 5

of Criminal Procedure Code (Amendment) Bill

Clause 5

Amendment of section 121

Section 121 of the Code is hereby amended —

(a)

by deleting the proviso to subsection (5) thereof and substituting therefor the following: —“Provided that the court may in its discretion refuse to admit such statement or allow it to be used as aforesaid if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against such person, proceeding from a person in authority and sufficient, in the opinion of the court, to give such person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.”; and

(b)

by inserting immediately after subsection (5) thereof the following new subsections: —“(6) Where any person is charged with an offence he shall be served with a notice in writing, which shall be explained to him, to the following effect: —“You have been charged with (set out the charge).Do you wish to say anything in answer to the charge? If there is any fact on which you intend to rely in your defence in court, you are advised to mention it now. If you hold it back till you go to court, your evidence may be less likely to be believed and this may have a bad effect on your case in general. If you wish to mention any fact now, and you would like it written down, this will be done.”.(7) No statement made by an accused person in answer to a written notice served on him pursuant to subsection (6) shall be construed as a statement caused by any inducement, threat or promise as is described in the proviso to subsection (5), if it is otherwise voluntary.”.

Clause 5 — Criminal Procedure Code (Amendment) Bill