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Section history

Section 235 — Power of court to order any production of document or thing

Consolidated view is experimental and may be broken for certain provisions.

Amendments
235.Power of court to order any production of document or thing

(1)Whenever any court considers that the production of any document or other thing is necessary or desirable for the purposes of any inquiry, trial or other proceeding under this Code by or before that court, such court may issue a summons to the person in whose possession or power the document or thing is believed to be, to require the person to produce the document or thing at the time and place stated in the summons.

(2)If any document or thing in the custody of a Postal Authority or public postal licenseethe Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the court, required for the purposes of any inquiry, trial or proceeding under this Code, the court may require the Postal Authority or public postal licenseeAuthority, public postal licensee or public parcel locker network operator (as the case may be) to deliver that document or thing to such person as the court directs.

(3)If a person is required merely to produce any document or thing, hethe person may comply with such requirement by causing the document or thing to be produced instead of bringing it in person.

(4)This section does not affect any provision of the Evidence Act (Cap. 97).1893.

(5)Sections 115, 116 and 119 shall apply in relation to a summons issued under this section.

(6)ForTo the avoidance ofavoid doubt, the power of a court under subsection (1) shallis not be exercisable by any court which presides or is to preside over any criminal case disclosure conference or pre-trialcase conference held under Part IX9 or X,10, as the case may be.

(7)Despite subsection (1), where a statement made by a person is recorded in the form of an audiovisual recording, if a court considers that the production of the audiovisual recording is necessary or desirable for the purposes of any inquiry, trial or other proceeding under this Code by or before the court, the court may only order the prosecution to do either or both of the following:

(a)to produce the audiovisual recording in court;

(b)to arrange for the defence to view the audiovisual recording at a police station or at any other prescribed place.