Criminal Procedure Rules 2018

any expert who is engaged by the defence for the purposes of the criminal proceedings for that offence, whether or not the defence intends to call, or is considering whether to call, that expert as a witness for the defence in those criminal proceedings;

any person who —

is engaged by the defence to make a transcript of the whole or any part of that audiovisual recording; and

is in the business of making transcripts of recordings;

any person who —

is engaged by the defence to interpret or translate anything contained in that audiovisual recording; and

is qualified to give that interpretation or translation;

any other person who is authorised by a relevant officer.

the intended date of that viewing;

the name of any person mentioned in paragraph (2)(a), (b), (c) or (d) whom the defence wishes to be permitted to attend that viewing;

in any case where that person is a citizen or permanent resident of Singapore, that person’s NRIC number;

in any case where that person is not a citizen or permanent resident of Singapore, that person’s Foreign Identification Number or passport number;

whether that person is a person mentioned in paragraph (2)(a), (b), (c) or (d).

the person or accused is not a citizen or permanent resident of Singapore;

the person or accused is not domiciled in Singapore;

the background, antecedents, employment history, occupation, home environment, community ties and financial position of the person or accused;

the association of the person or accused with other individuals;

the nature and seriousness of the offence that the person is accused of, or that the accused is charged with;

the manner in which the person or accused is likely to be dealt with if convicted of that offence;

the nature and strength of the evidence relating to the offence that the person is accused of, or that the accused is charged with;

the person or accused did not comply with one or more of the conditions imposed under section 94 of the Code, when the person or accused was released on bail or on personal bond on a previous occasion;

there is evidence (for instance, of the doing of a preparatory act) that the person or accused does not intend to surrender to custody, be available for investigations or attend court, if the person or accused is released on bail or on personal bond.

the accused is a juvenile;

the accused is sick or infirm;

the foreign jurisdiction, which makes the requisition for the surrender of the accused, provides an undertaking that the foreign jurisdiction does not oppose the granting of bail to the accused on the conditions imposed under section 94 of the Code, and either or both of the following apply:

the accused would have been granted bail under the law of that foreign jurisdiction, if the accused had been apprehended in that foreign jurisdiction for the offence to which that requisition relates;

the act or omission constituting the offence to which that requisition relates would, if it took place in or within Singapore, constitute a bailable offence.

whether the order would affect the ability of any of the following persons to effectively conduct the defence of the accused person:

the accused person;

an advocate representing the accused person;

any person assisting a child or young person (who is charged with an offence) in the child’s or young person’s defence to the charge;

whether the order would affect the ability of the prosecutor to effectively conduct the prosecution of the accused person;

whether the order would affect the ability of the accused person to consult and instruct his or her advocate in private;

whether adequate technical measures are available to the court —

to verify the identities of persons giving evidence or appearing by means of the live video or live television link;

to prevent the accused person from being coached or coerced while giving evidence or appearing by means of the live video or live television link;

to prevent the proceedings from being recorded; and

to control and restrict the persons who are able to access or observe the proceedings;

the likelihood that the court may require the accused person to handle any physical evidence;

whether a judgment or order requiring the accused person to be taken into custody may be delivered or made during the proceedings.

whether the order would affect the ability of any of the following persons to effectively conduct the defence of the accused person:

the accused person;

an advocate representing the accused person;

any person assisting a child or young person (who is charged with an offence) in the child’s or young person’s defence to the charge;

whether the order would affect the ability of the prosecutor to effectively conduct the prosecution of the accused person;

whether adequate technical measures are available to the court —

to verify the identities of persons giving evidence by means of the live video or live television link; (ii)to prevent the witness from being coached or coerced while giving evidence by means of the live video or live television link;

to prevent the proceedings from being recorded; and

to control and restrict the persons who are able to access or observe the proceedings;

the likelihood that the court may require the witness to handle any physical evidence;

in the case of an order under section 281(1) of the Code — any report prepared by a psychiatrist or psychologist on how the witness may be affected if the witness is required to give evidence in the presence of the accused person, where the report is placed before the court;

in the case of an order under section 281(5B) of the Code allowing an expert witness to give evidence from a place that is not in Singapore — the reason why the expert witness is not giving evidence from Singapore.

where the applicant is represented by one or more advocates, an affidavit made by the advocate (if only one advocate is appointed), or a separate affidavit made by each advocate as the deponent or a joint affidavit made by all of the advocates as deponents (if more than one advocate is appointed), stating all of the following matters:

the date on which each advocate was instructed, and who instructed each advocate;

the reason why it is necessary to review the earlier decision of the appellate court;

the material (being evidence or legal arguments) that will be relied on in the review application;

the date on which the material mentioned in sub-paragraph (iii) was first obtained, regardless whether by the applicant or the advocate;

there is good reason why the material could not have been adduced in court earlier, at any stage of the proceedings in the criminal matter in respect of which the earlier decision was made;

the details of the reason mentioned in sub-paragraph (v);

the reason for the length of the interval of time between the date mentioned in sub-paragraph (iv) and the date on which the application for permission is filed;

whether any argument similar to those in the review application had been made previously by any person in any court and if so, whether the argument was dismissed by the court;

the details of every other application for permission, and every review application, made by the applicant (whether alone or together with any other person) with or without the involvement of any advocate (including the date and case number of such application, the order sought in such application, the decision of the court in such application, and whether there was any finding of abuse of process in such application);

that each advocate genuinely believes the review application to be of merit;

the reason why each advocate believes the review application to be of merit, including the reason why the advocate believes the legal arguments in the review application to be persuasive;

that each advocate is satisfied that the legal arguments that will be relied on in the review application are new, and were not dismissed by the appellate court during the proceedings in the criminal matter in respect of which the earlier decision was made;

that each advocate is aware of the consequences of making any false statement in the affidavit;

where the applicant is not represented by an advocate, an affidavit made by the applicant stating all of the following matters:

the reason why it is necessary to review the earlier decision of the appellate court;

the material (being evidence or legal arguments) that will be relied on in the review application;

the date on which the applicant first obtained the material mentioned in sub-paragraph (ii);

there is good reason why the material could not have been adduced in court earlier, at any stage of the proceedings in the criminal matter in respect of which the earlier decision was made;

the details of the reason mentioned in sub-paragraph (iv);

the reason for the length of the interval of time between the date mentioned in sub-paragraph (iii) and the date on which the application for permission is filed;

the details of every other application for permission, and every review application, made by the applicant (whether alone or together with any other person) with or without the involvement of any advocate (including the date and case number of such application, the order sought in such application, the decision of the court in such application, and whether there was any finding of abuse of process in such application);

whether the applicant is or was assisted by any person or organisation in the commencement, continuation or conduct of the application for permission or the review application and if so, who provided the assistance and the manner of assistance provided;

any other affidavit in support of the application for permission.

the details of every application for PACC permission, and every PACC application, made by the applicant (whether alone or together with any other person) with or without the involvement of any advocate (including the date and case number of such application, the order sought in such application, the decision of the court in such application, and whether there was any finding of abuse of process in such application);

the details of —

every application (other than an application mentioned in sub-paragraph (a) or paragraph (2)(a)(ix) or (b)(vii)) made by the applicant (whether alone or together with any other person) on or after 28 June 2024; and

every action filed by the applicant (whether alone or together with any other person) on or after 28 June 2024,with or without the involvement of any advocate, in relation to which the appellate court has found that the applicant had abused the process of the court in order to delay or frustrate the carrying out of the sentence of death (including the date and case number of such application or action, the order sought in such application or action, and the decision of the appellate court in such application or action).

an applicant was not represented by any advocate when the application for permission was filed, and appoints one or more advocates to represent the applicant in the application for permission after the filing.

all of the matters mentioned in paragraph (2)(a)(i) to (xiii) and (where applicable) paragraph (2A)(a) and (b); and

the date of appointment of the advocate or advocates.

within 3 days after that application is filed and served on the respondent; and

where paragraphs (5), (6) and (7) apply —

if the affidavit of the advocate or the joint affidavit made by all of the advocates (as the case may be) is filed and served on the respondent, or all the separate affidavits made by each advocate are filed and served on the respondent at the same time — within 3 days after the affidavit or affidavits (as the case may be) is or are filed and served on the respondent; or

if more than one affidavit of any kind mentioned in paragraph (6) is filed and served on the respondent at different times — within 3 days after each affidavit is filed and served on the respondent.

file any affidavit in support of the review application at the same time as the filing of the review application; and

file written submissions in support of the review application within 3 days after the date on which the review application is made.