Singapore legislation

Clause 10

of Mutual Assistance in Criminal Matters (Amendment) and Other Matters Bill

Clause 10

New section 21A

In the MACMA, after section 21, insert —“Taking statements for criminal investigations21A.—

(1)

Where the appropriate authority of a foreign country makes a request that a statement be taken from a person (specified in the request) in Singapore for the purposes of any criminal investigation in the foreign country, the Attorney‑General may, by written notice, direct an authorised officer to take the statement from the person.(2) Subject to any conditions that the Attorney‑General may specify in the written notice made under subsection (1), upon receipt of the written notice, the authorised officer must do all of the following:

(a)

require the person to attend before the authorised officer;

(b)

examine orally the person;

(c)

record the statement made by the person —

(i)

in writing; or

(ii)

in the form of an audiovisual recording;

(d)

if the statement is recorded in writing and —

(i)

if the person understands English — read over the statement to the person; or

(ii)

if the person does not understand English — ensure that the statement is interpreted for the person in a language that the person understands;

(e)

require the person to sign the statement, if it is in writing;

(f)

send the statement to the Attorney‑General.(3) If the person fails to attend as required under subsection (2)(a), the authorised officer may report the matter to a Magistrate who may then issue a warrant ordering the person to attend before the authorised officer.(4) The Attorney‑General may transmit a statement mentioned in subsection (2)(f) to the appropriate authority that requested that statement.(5) A statement taken under this section is not admissible in evidence, and must not be otherwise used, for the purposes of any judicial proceedings, disciplinary proceedings, or other proceedings, in Singapore.”.

Clause 10 — Mutual Assistance in Criminal Matters (Amendment) and Other Matters Bill