CRI 3 - Criminal Case Disclosure Conference PDF

B24 CRI - Bail - Is it a bailable offence? - Bailable offence Causing Hurt: This involves causing physical pain or injury to another person without severe consequences1. Theft: Taking someone else\'s property without their consent with the intent to permanently d...

B24 CRI - Bail - Is it a bailable offence? - Bailable offence Causing Hurt: This involves causing physical pain or injury to another person without severe consequences1. Theft: Taking someone else\'s property without their consent with the intent to permanently deprive them of it1. Mischief: Causing damage to property with the intent to cause loss or inconvenience to the owner1. - **[5th Column First Schedule]** CPC 92(1) CPC - Bail must be **[offered as of right]** - 92(3) CPC - police bail order if accused tends to abscond - No bail if there is evidence that the accused person does not intend to surrender to custody (Rule 5(1)(i) Criminal Procedure Rules) - Non-Bailable Offence **Murder**: The unlawful premeditated killing of one human being by another1. **Kidnapping**: Taking someone away illegally by force, typically to obtain a ransom1. **Rape**: Unlawful sexual activity carried out forcibly or under threat of injury against the will of a person1. - s95(1) CPC Must not be released if punishable by death or life imprisonment / non-bailable offence - s95(1) CPC **[exceptions]** to \'obligation to release\' - s 93(1) CPC - Bail ***may*** be granted at court\'s discretion - s93 (2) CPC - Court to grant bail if no reasonable grounds accused there are **[no reasonable grounds for believing]** that the accused has committed a non‑bailable offence, the police officer or court must release the accused, subject to Rule 5 CPC. - s93(3A) - Court\'s discretion to order personal bond - s93(3B) CPC - Court\'s discretion to order police bail - Rule 5 Criminal Procedure Rules - Accused perons bears to the burden of proof for the court to grant bail (Selvamsylvester) and should not be a flight risk (Gurcharan) - Other factors considered by the Courts **(Yin Yang Factors**) [In addition to the Respondent's flight risk, the other relevant circumstances] included: [o (a) the **Respondent's other sources of funds;**] o (b) the **Respondent's admission to creating fictitious receipts** to show that payments had been made to his company; o (c) the **nature of the charges** under s 477A of the Penal Code which were not inconsequential; and o (d) the fact that there was **little risk of the Respondent being kept in remand for an unreasonable period of time** - s93(5) CPC - Accused on bail may still be arrested - **Conditions** of bail attendance as required, surrender of travel documents, attendance for investigations or in court, non-commission of offence; non-interference with witnesses, No leaving Singapore without permission of police/court electronic tagging, supervision - **[s103 (5) CPC] Breach** of bail conditions may be arrested without warrant - **Quantum** of bail is not to deter an accused from flight. It is **primarily to be sufficient to ensure that the bailor will not shirk from his or her duties as bailor, and that the accused will not wish to see his bailor impoverished by a forfeiture of the bail money**. - Ewe Pang Kooi - s 96 CPC - **[Agency Bail]** c/f Court Bail - **[Consequences]** of not posting bail - Criminal Case Disclosure Conference (CCDC) Problem: **[The Case for the Defence, once submitted, cannot be changed, contradicted or claim ignorance of.]** - Subtopic - **[When]** does CCDC apply? IT applies when the accused is **[claiming trial for the charges AND if the Accused opts-in]** (s159(2) CPC) - CCDC Statutory requirements Offences in the Second Schedule and to be tried in a District Court Option to opt in for CCDC (for offences which do not fall within definition above) / opt out (for offences which do fall within) - s157-171 CPC s159 CPC - accused may **[opt-in/ opt-out]** - s227(5) CPC s160 CPC - **[Purpose]** of the CPC **settling the following matters: (a) The filing of the Case for Prosecution and the Case for the Defence; (b) Any issues of fact or law which are to be tried by the trial judge at the trial proper; (c) The lists of witnesses to be called by the parties to the trial; (d) The statements, documents or exhibits which are intended by the parties to the case to be admitted at the trial; (e) The trial date.** - **[Which court]** does CCDC apply to? Applies to District Court (not Magistrate Court) - **[Two Differences]** between CCDC in the State Court and High Court - Statutory requirements - **[What]** needs to be disclosed - s162 CPC - **[Prosecution]** must show **[recording of statements to the Defence]** (Case for the Prosecution) - s166 CPC - Prosecution's and Defendant's Supplementary Bundle (Prosecution\'s Supplementary Bundle) - s165 CPC - **[Defence]** must contain any **[issue of fact or law (]**Cause for the Defence) - **[When]** does it need to be disclosed - s164 CPC - Where the accused is unrepresented - s166 CPC- Prosecution to disclose aduiovisual recording - s166(4) Defence Bundle - s167 CPC - **[CCDC Timeframes]** - Court must fix CCDC date within **[8 weeks]** from the opt-in (s161(1) CPC) s161 CPC Prosecution must file its case within **[2 weeks]** (s151(2) CPC) - Summary of facts List of exhibits Accused statements (transcript) List of witnesses - s163 CPC - Defence must be filed no later than **[2 weeks]** - Summary of the Defence Summary of the facts for the Defence - List of Defendant\'s witness Exhibitis Any objection of fact / law - s167 CPC - Accused may plead guilty - s169 CPC - Failure to serve cases may result in discharge not amounting to acquittal - s168 CPC - Co-accused subsequent charge - **[s210 CPC]** **[Transmission]** of case to General Division of **[High Court]** - **[s264 CPC]** Evidence by **[conditioned statement]** - Iswaran case? - **[s258A]** and s258B CPC - Admissibility of CFD and CFP at trial - Common law requirements - **Kadar** disclosure obligation - Presumption of Regularity - **[What]** needs to be disclosed: Exclupatory evidence, Inculpatory evidence, neutral evidence, inconsistent statements, prior onvictions of witnesses - When is disclosure needed - **[Pre-trial]** - **Nabil** disclosure obligation - **[What]** needs to be disclosed = All relevant information in order for Accused to decide whether to call a material witness - Roshdi clarification - When is disclosure needed - **Consequences** of non-disclosure = If the non-disclosure of **[clearly admissible evidence]** has a **[causal link with the wrongful conviction, then the conviction may be unsafe / overturned]** - Important guidances for Kadar and Nabil