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Section history

Section 195 — Contents of Case for the Defence

As in force on 31 August 2012.

Timeline 4 versions
  1. 2 January 2011 Enacted
  2. 31 August 2012 Revised edition
  3. 17 September 2018 Act 19 of 2018
  4. 17 August 2026 Latest
Revised edition in force 31 August 2012

The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.

195.Contents of Case for the Defence

(1)The Case for the Defence must contain —

(a)a summary of the defence to the charge and the facts in support of the defence;

(b)a list of the names of witnesses for the defence;

(c)a list of the exhibits that are intended by the defence to be admitted at the trial; and

(d)if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —

(i)a statement of the nature of the objection;

(ii)the issue of fact on which evidence will be adduced; and

(iii)the points of law in support of such objection.

Illustration 1 A is charged with murder. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim attacked A with a knife first) and any issue of law (for example, that exceptions 2 (private defence) and 4 (sudden fight) to section 300 of the Penal Code (Cap. 224) apply).

Illustration 2 The accused, A, intends to challenge, at the trial, the voluntariness of his statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements he intends to challenge and the facts that he intends to rely on to support his challenge.

(2)Notwithstanding subsection (1), an accused who is not represented by an advocate need not state any —

(a)objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or

(b)point of law in support of any objection raised by the defence.