Overview on Witness Protection in Singapore CONFIDENTIAL 1 ©2011 MinLaw. All Rights Reserved Sherlyn Neo Senior Assistant Director Ministry of Law 14 August 2015
Overview of Witness Protection Protection from retaliation and intimidation Non-disclosure of identity of informants Protection when giving evidence in court
Protection from Retaliation and Intimidation Witnesses are protected from potential retaliation or intimidation by the criminalisation of any obstruction, prevention, perversion or defeat of the course of justice under s 204A of the Penal Code (Cap. 224), which is punishable with a maximum of 7 years’ imprisonment and/or fine. Our general penal laws also protect all persons, including witnesses, from retaliation, intimidation and harassment by criminalising these acts Existing legislation also protects the identity of informants
Non-Disclosure of Identity of Informants Some statutes expressly provide for the non- disclosure of the identity of informants s 36 of the Prevention of Corruption Act (Cap. 241) s 40 of the Corruption, Drug Trafficking and other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A) (CDSA) s 45 of the CDSA
Protection when Giving Evidence in Court The State Courts and the Supreme Court have the powers to hear matters in-camera: s 7(2) State Courts Act (SCA); s 8(2) Supreme Court of Judicature Act (SCJA); s 152(1) Women’s Charter (WC) The State Courts and the Supreme Court may allow evidence to be given via live video: s 281 CPC The State Courts and the Supreme Court may issue a gag order where it considers appropriate: s 7(3) SCA, s 8(3) SCJA; specific protections for women/girls and children/young persons
References Statutes:
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