Criminal Procedure Code 2010 · 2020 Revised Edition · Part 20 · Appeals, Points Reserved, Revisions and Criminal Motions
392. Taking additional evidence
Feedback & supportIn dealing with any appeal under this Part, the appellate court may, if it thinks additional evidence is necessary, either take such evidence itself or direct it to be taken by the trial court.
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
Unless the appellate court directs otherwise, the accused or the accused’s advocate must be present when the additional evidence is taken.
advocate
“advocate” means an advocate and solicitor lawfully entitled to practise criminal law in Singapore;
When the trial court has taken the additional evidence, it must send the record of the proceedings duly certified by it to the appellate court for it to deal with in the appeal.
The trial court must also state what effect (if any) the additional evidence taken has on its earlier verdict.
Sections 233 and 285 to 289 apply, with the necessary modifications, to the taking of additional evidence under this section.