(a)being compellable to give evidence on behalf of the party desiring to give the statement in evidence, he attends or is brought before the court, but refuses to be sworn or affirmed, or is sworn or affirmed but refuses to give any evidence; or
Section history
Section 270 — Admissibility of out-of-court statements as evidence of facts stated
As in force on 20 December 2011.
Timeline 4 versions
- 2 January 2011 Enacted
- 20 December 2011 You are here
- 1 August 2012 Act 4 of 2012
- 31 December 2025 Act 19 of 2018, Act 40 of 2019, Act 5 of 2024
- 17 August 2026 Latest
(1)Subject to this section and section 271 and to the rules of law governing the admissibility of accused’s statements, any statement made, whether orally or in a document or otherwise, by a person is admissible as evidence in any criminal proceedings of any fact given in that statement of which direct oral evidence by him would be admissible if —
(b)it is shown with respect to him —
(i)that he is dead or is unfit because of his bodily or mental condition to attend as a witness;
(ii)that despite reasonable efforts to locate him, he cannot be found whether within or outside Singapore;
(iii)that he is outside Singapore and it is not practicable to secure his attendance; or
(iv)that, being competent but not compellable to give evidence on behalf of the party desiring to give the statement in evidence, he refuses to do so.
(2)Where a person makes an oral statement to or in the hearing of another person who, at the request of the maker of the statement, puts it (or the substance of it) into writing at the time or reasonably soon afterwards, thereby producing a corresponding statement in a document, the statement in the document shall be treated for the purposes of this section (and sections 271 and 273 so far as they have effect for the purposes of this section) as the statement of the maker of the oral statement.