Singapore legislation

Clause 8

of Mutual Assistance in Criminal Matters Bill

Clause 8

Requests for taking of evidence, etc.

(1)

The Attorney-General may request the appropriate authority of a foreign country to arrange for —

(a)

evidence to be taken in the foreign country; and

(b)

the evidence to be sent to the Attorney-General,if the Attorney-General is satisfied that there are reasonable grounds for believing that such evidence would be relevant to any criminal proceedings in Singapore.

(2)

The Attorney-General may request the appropriate authority of a foreign country —

(a)

to assist in obtaining, by search and seizure if necessary, any thing in the foreign country or a photograph or copy thereof; and

(b)

to arrange for the thing or the photograph or copy thereof to be sent to the Attorney-General,if the Attorney-General is satisfied that there are reasonable grounds for believing that such thing would be relevant to a criminal matter in Singapore.

(3)

Any evidence, thing or photograph or copy of a thing received by the Attorney-General pursuant to a request under subsection (1) or (2) may, subject to the provisions of the Evidence Act (Cap. 98) and the Criminal Procedure Code (Cap. 68), be admitted as evidence at any criminal proceedings to which the request relates.

(4)

In estimating the weight, if any, to be attached to a statement contained in any thing received by the Attorney-General pursuant to a request made under subsection (1) which has been admitted as evidence in any criminal proceedings to which the request relates, the court shall have regard to —

(a)

whether it was possible to challenge the statement by questioning the person who made it; and

(b)

whether the law of the foreign country concerned allowed the parties to the criminal proceedings to be legally represented when the evidence was being taken.