Singapore legislation

Section 382

of Criminal Procedure Code

Section 382

Admissibility of hearsay evidence by agreement of parties

(1)

If, as regards any statement contained in a document or made by a person otherwise than in a document, the parties to any criminal proceedings agree at a hearing that for the purpose of those proceedings the statement may be given in evidence, then, unless the court otherwise directs, the statement shall in those proceedings and in any proceedings arising out of them (including any appeal or retrial) be admissible as evidence of any fact stated therein:Provided that such an agreement —

(a)

shall not enable a statement to be given in evidence by virtue of this section on behalf of the prosecution if at the time when the agreement is made the accused or any of the accused is not represented by an advocate; and

(b)

if made during proceedings before a Magistrate inquiring into an offence as examining Magistrate, shall be of no effect for the purpose of any proceedings before the High Court or any proceedings arising out of proceedings before the High Court.

(2)

Where in any criminal proceedings a statement contained in a document is admissible by virtue of this section, it may be proved by the production of that document or (whether or not that document is still in existence) by the production of a copy of that document, or of the material part thereof, authenticated in such manner as the court may approve.

(3)

Where a statement is given in evidence by virtue of this section but might have become admissible in evidence by virtue of section 378 or 380, section 381(4) shall apply to it as if it were admissible by virtue of section 378 or 380, as the case may be.[381