Statute Details
- Title: Criminal Procedure Code (Notice Requirements to Admit Hearsay Evidence) Regulations 2012
- Act Code: CPC2010-S336-2012
- Legislation Type: Subsidiary Legislation (SL)
- Enacting Formula / Authorising Act: Made under section 428 of the Criminal Procedure Code 2010 (Act 15 of 2010)
- Commencement: 1 August 2012
- Primary Purpose: Prescribes notice requirements and notice forms for admitting hearsay statements under section 32(1) of the Evidence Act
- Key Provisions: Regulations 1–3; Schedule (Forms 1 and 2)
- Current Version: Current version as at 27 March 2026 (per the legislation portal status)
What Is This Legislation About?
The Criminal Procedure Code (Notice Requirements to Admit Hearsay Evidence) Regulations 2012 (“the Regulations”) set out procedural safeguards for criminal trials in Singapore where a party seeks to admit hearsay evidence. In plain language, the Regulations require a party to give formal notice to the other parties before the court can admit certain hearsay statements.
The Regulations operate in tandem with the Evidence Act (Cap. 97). The Evidence Act contains a framework allowing hearsay statements to be admitted in specified circumstances. However, admission is not automatic: where the Evidence Act requires notice to be given, the Regulations specify exactly what that notice must contain and the prescribed forms to use.
Practically, the Regulations aim to prevent surprise at trial. They ensure that the defence (and the prosecution, where relevant) understands the basis on which hearsay is said to be admissible, the identity of the maker (or the maker’s death), the circumstances in which the statement was made, and the content of the statement (or the relevant document). This supports fair trial preparation, including decisions about whether to challenge admissibility, seek further disclosure, or call witnesses.
What Are the Key Provisions?
Regulation 1 (Citation and commencement). This is the standard commencement provision. The Regulations may be cited as the Criminal Procedure Code (Notice Requirements to Admit Hearsay Evidence) Regulations 2012 and came into operation on 1 August 2012. For practitioners, this matters mainly for determining whether the notice regime applies to proceedings and evidence in time.
Regulation 2 (Notice requirements to admit hearsay evidence). This is the core operative provision. It applies “for the purposes of admitting statements in evidence under section 32(1) of the Evidence Act (Cap. 97).” It then identifies the notice requirements that must be complied with by a party pursuant to section 32(4)(a) of the Evidence Act.
In substance, Regulation 2 requires that, before introducing hearsay statements under the Evidence Act’s admissibility provision, a party must have previously served a written notice on each other party. The notice must cover (i) the grounds of admissibility under section 32(1), and (ii) detailed factual information about how the statement was made and who made it—tailored to whether the hearsay is non-documentary or documentary.
Regulation 2(a) (previous written notice to each other party). The party must have “previously served a notice in writing on each of the other parties” of its intention to introduce the evidence. This is a strict procedural step: failure to serve on each other party risks non-compliance with the statutory notice requirement.
Regulation 2(b) (state the grounds under section 32(1)). The notice must state “on which of the grounds in section 32(1) of the Evidence Act it is claimed that the statement is admissible.” This is important because section 32(1) typically contains multiple admissibility grounds. A generic notice is unlikely to satisfy the requirement; the notice should identify the specific ground(s) relied upon.
Regulation 2(c) (non-documentary hearsay: manner, time/place, maker, and content). Where the statement was not made in a document, the notice must state the manner in which it was made (whether orally or otherwise). It must also include detailed particulars:
- Time and place at which the statement was made;
- Name of the maker and, unless the maker is dead, the maker’s address if known;
- If the maker is dead, the date of death “to the best of the information and belief” of the serving party;
- Name and address of the person who heard or otherwise perceived the statement being made;
- Substance of the statement; and if it was made orally and the actual words are material, the words used.
This level of specificity is designed to allow the other parties to assess reliability, context, and whether the statutory conditions are truly met. It also helps the defence evaluate whether to contest admissibility or to seek to cross-examine the maker (where possible) or challenge the circumstances of perception.
Regulation 2(d) (documentary hearsay: attach the document and provide maker details). Where the statement was made in a document, the notice must contain or attach a copy of the document (or the relevant part). Additionally, if the relevant information is not readily apparent from the document itself, the notice must also state:
- The matters mentioned in Regulation 2(c)(i), (ii) and (iii): time and place of the statement, name of the maker and address (or date of death if dead);
- If the maker of the document is different from the maker of the statement, the name and address of the maker of the document (or date of death if dead);
- Again, if the maker of the document is dead, the date of death to the best of information and belief.
For documentary hearsay, the Regulations recognise that the document itself may already disclose some of the required particulars. But where it does not, the notice must fill the gaps. This is particularly relevant where the statement is embedded in a document created by someone other than the statement-maker (for example, where a report records another person’s account).
Regulation 3 (Form of notice). Regulation 3 specifies the prescribed forms to be used. A notice served under Regulation 2(a) must be in the correct form depending on the type of hearsay:
- Non-documentary hearsay evidence: Form 1 in the Schedule.
- Documentary hearsay evidence: Form 2 in the Schedule.
For practitioners, the practical takeaway is that compliance is not only about content; it is also about using the correct form. While courts may sometimes tolerate minor formatting issues, using the prescribed form reduces the risk of technical non-compliance and makes it easier to demonstrate that the statutory notice requirements were met.
The Schedule (Forms 1 and 2). The Regulations refer to two forms in the Schedule. Although the extract provided does not reproduce the form text, the legal effect is clear: the Schedule operationalises the notice content requirements by setting out the template that parties must use. In practice, counsel should ensure that every required item under Regulation 2 is completed accurately in the relevant form.
How Is This Legislation Structured?
The Regulations are structured as a short instrument with three regulations and a Schedule:
- Regulation 1 covers citation and commencement.
- Regulation 2 sets out the substantive notice requirements for admitting hearsay statements under the Evidence Act’s admissibility framework.
- Regulation 3 prescribes the form of notice, directing parties to use Form 1 for non-documentary hearsay and Form 2 for documentary hearsay.
- The Schedule contains the actual forms.
This compact structure means the Regulations are easy to navigate, but they carry significant procedural consequences. The notice regime is not merely administrative; it is a condition linked to admissibility under the Evidence Act.
Who Does This Legislation Apply To?
The Regulations apply to parties to criminal proceedings in Singapore who intend to introduce hearsay statements in evidence under section 32(1) of the Evidence Act. This includes, in typical cases, the prosecution and the defence, depending on which party seeks to rely on the hearsay statement.
The notice must be served on each of the other parties. Therefore, in multi-party proceedings, counsel should ensure service is properly effected to all relevant parties. The Regulations also apply regardless of whether the hearsay is oral/non-documentary or documentary; the notice content requirements differ accordingly.
Why Is This Legislation Important?
Although the Regulations are short, they are important because they directly affect whether hearsay evidence can be admitted. The Evidence Act’s hearsay admissibility provisions are designed to balance evidential utility with fairness. The notice requirements are a key fairness mechanism: they give the other parties time and information to respond.
From an enforcement and litigation perspective, the Regulations create a clear checklist for compliance. Counsel should treat the notice as a critical document in the case strategy. If the notice is incomplete—such as failing to state the specific admissibility ground, omitting required particulars about the maker or the circumstances, or failing to attach the relevant document copy—there is a risk that the court may refuse to admit the hearsay evidence or that the party will face procedural objections.
For practitioners, the Regulations also influence practical trial preparation. Once notice is served, the defence may consider whether to challenge the admissibility basis, whether to seek disclosure or clarification, and whether to call evidence to rebut reliability or context. For the prosecution, the notice helps ensure that the case is presented coherently and that the evidential foundation for hearsay admission is properly articulated.
Finally, the prescribed forms reduce ambiguity. Using the correct form and completing it accurately supports credibility and reduces the likelihood of disputes about what was actually intended to be introduced and on what grounds.
Related Legislation
- Criminal Procedure Code 2010 (Act 15 of 2010) — in particular, the authorising provision (section 428) under which these Regulations were made.
- Evidence Act (Cap. 97) — especially:
- Section 32(1) (admissibility of certain hearsay statements), and
- Section 32(4)(a) (notice requirements linked to admissibility).
Source Documents
This article provides an overview of the Criminal Procedure Code (Notice Requirements to Admit Hearsay Evidence) Regulations 2012 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.