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Subsidiary Legislation

Criminal Procedure Code (Notice Requirements to Admit Hearsay Evidence) Regulations 2012

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Official textFrom Singapore Statutes Online, unchanged

reg 1Citation and commencement

These Regulations may be cited as the Criminal Procedure Code (Notice Requirements to Admit Hearsay Evidence) Regulations 2012 and shall come into operation on 1st August 2012.

reg 2Notice requirements to admit hearsay evidence

For the purposes of admitting statements in evidence under section 32(1) of the Evidence Act (Cap. 97), the notice requirements which have to be complied with by a party to the proceedings pursuant to section 32(4)(a) of that Act are as follows:

(a)

the party has previously served a notice in writing on each of the other parties of his intention to introduce the evidence;

(b)

the notice must state on which of the grounds in section 32(1) of the Evidence Act it is claimed that the statement is admissible;

(c)

in the case of a statement not made in document, the notice must state the manner in which it was made (whether orally or otherwise) and must also state —

(i)

the time and place at which the statement was made;

(ii)

the name of the maker of the statement and (unless he is dead) his address, if known;

(iii)

if the maker of the statement is dead, the date of the death of the maker, to the best of the information and belief of the party serving the notice;

(iv)

the name and address of the person who heard or otherwise perceived the statement being made; and

(v)

the substance of the statement or, if it was made orally and the actual words used in making it are material, the words used; and

(d)

in the case of a statement made in a document, the notice must contain or have attached to it a copy of that document or the relevant part of that document and, if the information is not readily apparent from the document or the relevant part of the document, must also state —

(i)

the matters mentioned in paragraph (c)(i), (ii) and (iii);

(ii)

if the maker of the document is different from the maker of the statement, the name of the maker of the document and (unless he is dead) his address, if known; and

(iii)

if the maker of the document is dead, the date of the death of the maker, to the best of the information and belief of the party serving the notice.

reg 3Form of notice

A notice to be served on any party under regulation 2(a) shall —

(a)

if the notice is to admit non-documentary hearsay evidence, be in Form 1 set out in the Schedule; and

(b)

if the notice is to admit documentary hearsay evidence, be in Form 2 set out in the Schedule.