Singapore legislation

Clause 54

of Criminal Justice Reform Bill

Clause 54

Amendment of section 218

Section 218 of the Code is amended —

(a)

by deleting the words “within 2 weeks from the date of service, serve on the accused or his advocate” in subsection (1) and substituting the words “within 2 weeks after the date on which the Case for the Defence is served, serve on the defence”;

(b)

by deleting the words “all other statements” in subsection (1)(a) and substituting the words “every other written statement”;

(c)

by deleting the word “and” at the end of paragraph (a) of subsection (1), and by inserting immediately thereafter the following paragraph:“(aa)for every other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law in relation to the charge or charges that the prosecution intends to proceed with at the trial, a transcript (if any) of the audiovisual recording of that statement; and”; and

(d)

by deleting subsection (2) and substituting the following subsections:“(2) Where the documents mentioned in subsection (1) have been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(aa) at a police station or at any other prescribed place.(3) Where the Case for the Defence has not been served on the prosecution, the prosecution —

(a)

need not serve on the defence any written statement, transcript or record mentioned in subsection (1);

(b)

need not arrange for the viewing mentioned in subsection (2) of the audiovisual recording of any statement mentioned in subsection (1)(aa); and

(c)

may use any such statement, transcript, record or audiovisual recording at the trial.(4) Where the Case for the Defence has been served on the prosecution, the defence must, within 2 weeks after the date on which the Case for the Defence is served, serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 217(1)(c) and is in the possession, custody or power of the accused.(5) The obligations of the prosecution under subsections (1) and (2) and the obligation of the defence under subsection (4) are independent of each other.”.