Mutual Assistance in Criminal Matters Act 2000 · 2020 Revised Edition · Part 3 · Requests to Singapore
21. Taking of evidence for criminal proceedings
Feedback & supportLast amended by an amending law of 2024.
Where the appropriate authority of a foreign country makes a request that evidence be taken in Singapore for the purposes of any criminal proceedings pending in a court in the foreign country, the Attorney‑General may, by written notice, authorise a Magistrate to take the evidence.
Subject to any conditions that the Attorney‑General may specify in the written notice made under subsection (1), upon receipt of that notice, the Magistrate is to —
take the evidence of each witness appearing before the Magistrate to give evidence in relation to the criminal matter as if the witness were giving evidence on a charge against a person for an offence against the law of Singapore;
cause the evidence to be reduced in writing and certify at the end of that writing that the evidence was taken by the Magistrate; and
cause the writing, so certified, to be sent to the Attorney‑General.
The proceedings may be conducted in the presence or absence of the person to whom the criminal proceedings in the foreign country relates or of the person’s legal representative, if any.
criminal proceedings
“criminal proceedings” means a trial of a person for a Singapore offence or foreign offence (as the case may be) and includes any proceeding to determine whether a particular person should be tried for the offence;
The certificate referred to in subsection (2) must state whether the person to whom the criminal proceedings in the foreign country relates or the person’s legal representative (if any) was present at the proceedings.
foreign country
“foreign country” means any country, or territory, other than Singapore;
The laws for the time being in force with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, upon the hearing of a charge against a person for an offence against the law of Singapore apply, so far as they are capable of application, with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, for the purposes of this section.
For the purposes of this section, the person to whom the criminal proceedings in the foreign country relates is competent, but not compellable, to give evidence.
A person who is required under this section to give evidence for the purposes of any criminal proceedings in a foreign country must not be required to answer any question that the person could not be compelled to answer in those proceedings in that country.
A duly certified foreign law immunity certificate is admissible in proceedings under this section as prima facie evidence of the matters stated in the certificate.
foreign law immunity certificate
“foreign law immunity certificate” means a certificate given, or a declaration made, by a foreign country or under the law of a foreign country, certifying or declaring that, under the law of that country, persons generally or a specified person could or could not, either generally or in specified proceedings and either generally or in specified circumstances, be required —(a)to answer a specified question; or(b)to produce a specified thing;
The Attorney‑General may transmit the certified evidence referred to in subsection (2) to the appropriate authority that requested that evidence.
Evidence 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 except a prosecution of the person who gave that evidence for the offence of perjury, or contempt of court, in respect of that evidence.