Statute Details
- Title: Criminal Procedure Code (Witnesses’ Allowances) Regulations 2010
- Act Code: CPC2010-S805-2010
- Type: Subsidiary Legislation (SL)
- Enacting authority: Made under powers conferred by section 428(1) and (2)(a) and (e) of the Criminal Procedure Code 2010, read with section 46 of the Coroners Act 2010
- Commencement: 2 January 2011
- Current version: Current version as at 27 March 2026 (per provided extract)
- Key amendments (timeline shown): Amended by S 149/2014 (effective 7 March 2014) and S 649/2014 (effective 1 October 2014)
- Authorising officer (definition): Registrar of the Supreme Court, registrar of the Family Justice Courts, a District Judge, a Magistrate, or the Registrar of the State Courts (as applicable)
- Core subject: Allowances and reimbursements payable to witnesses (including expert witnesses) attending court or Coroners’ inquiries
What Is This Legislation About?
The Criminal Procedure Code (Witnesses’ Allowances) Regulations 2010 (“Witnesses’ Allowances Regulations”) sets out a structured scheme for paying allowances and reimbursing expenses to witnesses who attend court proceedings under the Criminal Procedure Code 2010 and to witnesses attending inquiries under the Coroners Act 2010. In practical terms, it addresses a common procedural concern: how to compensate witnesses for time and out-of-pocket costs so that the justice system can obtain evidence without imposing undue financial burden on individuals.
The Regulations cover both ordinary witnesses and expert witnesses. They specify how “attendance in court” is measured (including half-day/full-day calculations), how allowances are computed (typically as a fraction of monthly earned income with caps and minimums), and what additional payments may be made for subsistence, travel (including air travel for witnesses residing outside Singapore), and local transport within Singapore.
Importantly, the Regulations also establish an administrative gatekeeping mechanism. Claims must be submitted within a specified time, supported by evidence (for earned income and certain travel expenses), and are subject to the discretion of the “authorising officer” to disallow unreasonable claims. For public officers, the Regulations generally restrict allowances where the witness is testifying about matters acquired in the course of duty.
What Are the Key Provisions?
1. Definitions and how “attendance in court” is calculated (Regulation 2)
The Regulations define “attendance in court” broadly. It includes not only the time a witness gives evidence, but also time spent awaiting a turn to give evidence or being identified by other witnesses. For expert witnesses, it includes assisting counsel when the corresponding expert witness of another party is giving evidence. This matters because allowances are tied to “attendance in court” time.
The Regulations also provide a time-conversion rule: attendance in one day by a witness is treated as half a day if the total attendance is 3 hours or less (excluding lunch), and full day if more than 3 hours (excluding lunch). This operational detail is crucial for practitioners preparing claims, because it determines the number of “half-day” units used to calculate allowances.
2. Allowances for expert witnesses (Regulation 3) and for expert reports/opinions (Regulation 4)
For expert witnesses, Regulation 3 provides an allowance for both attendance and work connected with that attendance. The formula is: one-fiftieth of the expert’s monthly earned income for each half day’s attendance, subject to a maximum allowance of $350 for each half day.
Regulation 4 addresses a different (and often contentious) scenario: where an expert witness is requested by the court, the Coroner, the deputy public prosecutor, or defence counsel to prepare a written report or opinion. The expert may be allowed an additional allowance for the work done and expenses properly incurred in connection with preparing the report/opinion. Notably, this allowance is discretionary (“to be fixed by the authorising officer at his discretion”) and is payable regardless of whether the report or opinion is subsequently admitted in evidence. This is significant for counsel engaging experts: it clarifies that compensation for report preparation is not automatically contingent on admissibility.
3. Allowances for other witnesses (Regulation 5) and subsistence (Regulation 6)
For witnesses who are not expert witnesses, Regulation 5 uses a similar structure: one-fiftieth of monthly earned income per half day, but with both a minimum and a maximum per half day. The minimum is $25 and the maximum is $350 for each half day’s attendance. This ensures that low-income witnesses are not undercompensated, while high-income witnesses are capped.
Regulation 6 provides subsistence allowances for witnesses residing outside Singapore who must be absent from their residence overnight due to court attendance. The subsistence allowance is $230 for each 24-hour period of such absence. Where the absence from the residence overnight does not exceed 24 hours but exceeds 8 hours, the subsistence allowance may be $115. The Regulations also impose strict limits on when subsistence is payable: unless otherwise approved by the authorising officer, no subsistence allowance is payable except for (a) up to 24 hours before attendance is required, (b) the days attendance is required, and (c) up to 24 hours after attendance is no longer required. This prevents open-ended claims for extended stays.
4. Travel and transport reimbursements (Regulations 7 and 8)
Regulation 7 deals with trans-national travel expenses for witnesses residing outside Singapore. For air travel, reimbursement is generally based on economy class fare charged by the airline used. Higher-class fares require prior approval from the authorising officer. For travel by other modes, reimbursement is based on normal economy charges for the relevant public ferry or land transport used, again subject to prior approval for alternatives.
Regulation 7 also allows reimbursement of port charges or port taxes upon production of relevant receipts or invoices. This evidentiary requirement is important for claim substantiation.
Regulation 8 provides a transport allowance within Singapore. For each day’s attendance, a fixed sum not exceeding $20 may be allowed as transport allowance for travel between the place where attendance is required and the witness’ place of stay in Singapore. The allowance is not tied to actual distance or actual transport costs; it is discretionary within a cap and is intended to cover practical local travel needs. The definition of “road user charge” is linked to specific road pricing/toll rules, indicating that such charges are not excluded from consideration.
5. Public officers as witnesses (Regulation 9)
Regulation 9 draws a line between public officers testifying about matters within their official knowledge versus other matters. Unless otherwise approved by the authorising officer, no allowance or sum is allowed under Regulations 3, 4, 5, 6, 7 or 8 for a public officer required to attend as a witness to a matter of which he acquired knowledge in the course of duty. Instead, the relevant Instruction Manual or government circulars relating to transport and travel apply.
If a public officer is required to testify about other matters, Regulation 8 (local transport allowance) applies, but allowances under Regulations 3, 4, 5, 6 or 7 are only available if the public officer suffers loss of earnings or pay that he would otherwise have received. This provision is designed to avoid double-compensation and to align witness compensation with employment realities.
6. Claims process, evidence, and discretion (Regulations 10–12, and related provisions)
Regulation 10 requires that a witness submit a claim to the authorising officer in the prescribed form no later than 2 months after accrual of the claim. For practitioners, this is a hard deadline that can affect recoverability if missed.
Regulation 11 (as reflected in the extract) requires evidence for certain components. It states that no claim in respect of monthly earned income or travel expenses under Regulation 7 will be considered unless the witness produces evidence together with the claim. While the extract is truncated, the structure indicates that documentary proof is mandatory for key financial inputs, not merely assertions.
Regulation 12 provides the authorising officer with discretion to disallow any claim or part of a claim that, in the authorising officer’s view, is unreasonable. This discretion is a practical risk point: even if a witness is eligible in principle, the quantum may be reduced or refused if the claim is not supported or is excessive.
7. Certification and revocation (Regulations 13–14)
The Regulations also include provisions for certification of allowance and for revocation. While the extract does not reproduce their full text, these provisions typically ensure administrative finality (certification) and manage the legal status of earlier instruments (revocation).
How Is This Legislation Structured?
The Regulations are organised into a short, practical set of rules, beginning with definitions and then moving through a sequence of compensation categories:
Regulation 1 sets citation and commencement. Regulation 2 provides definitions, including how “attendance in court” is measured and who qualifies as an “authorising officer.” Regulations 3–5 set allowance formulas for expert witnesses and other witnesses. Regulation 6 provides subsistence allowances for witnesses residing outside Singapore. Regulations 7–8 address travel expenses (trans-national) and local transport (within Singapore). Regulation 9 addresses public officers. Regulations 10–12 cover the claims process, evidence requirements, and the authorising officer’s discretion to disallow unreasonable claims. Regulations 13–14 deal with certification and revocation.
Who Does This Legislation Apply To?
The Regulations apply to “witnesses” properly attending court or an inquiry under the Coroners Act 2010. This includes witnesses who attend to give evidence (whether or not they ultimately give evidence) and witnesses who attend to assist counsel in the case of an expert witness. The scheme therefore covers both the “called and examined” witness and the procedural attendance that may be necessary for identification, waiting, or expert assistance.
It also applies to expert witnesses and to public officers required to attend as witnesses, but with special restrictions for public officers whose knowledge was acquired in the course of duty. The authorising officer’s role is central: the authorising officer determines whether allowances are payable (within the framework) and whether claims are reasonable and properly evidenced.
Why Is This Legislation Important?
For practitioners, the Witnesses’ Allowances Regulations are important because they directly affect the cost and logistics of litigation and investigations. Counsel who arrange expert evidence, secure attendance of lay witnesses, or coordinate witnesses travelling from overseas need to understand what can be claimed, how it is calculated, and what documentation is required. The Regulations provide predictable formulas (for example, one-fiftieth of monthly earned income per half day, with caps and minimums), which supports budgeting and reduces disputes.
From an enforcement and administration perspective, the Regulations balance witness facilitation with fiscal control. Caps on allowances, limits on subsistence periods, and the requirement for evidence for earned income and travel expenses prevent over-claiming. The authorising officer’s discretion to disallow unreasonable claims provides a mechanism to address outlier or unsupported claims.
Finally, the Regulations clarify compensation for expert report preparation. The ability to claim for written opinions/reports “regardless of whether the report or opinion is subsequently admitted in evidence” is particularly relevant in practice, because admissibility outcomes can be uncertain. This provision supports the integrity of expert engagement by recognising that expert work may be necessary even if the evidence is later excluded or not relied upon.
Related Legislation
- Criminal Procedure Code 2010
- Coroners Act 2010
- Evidence Act (Cap. 97) (definition of “expert”)
- Income Tax Act (Cap. 134) (definition of “earned income”)
Source Documents
This article provides an overview of the Criminal Procedure Code (Witnesses’ Allowances) Regulations 2010 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.