The Role of Hearsay in Criminal Proceedings is a key issue in Singapore’s criminal justice system because it directly affects what evidence can be presented in court. Hearsay occurs when a person repeats in court what someone else said outside of court, instead of giving first-hand evidence. For example, if a witness says, “My colleague told me he saw the fight,” this would be hearsay since the colleague is not in court to testify.
Courts treat hearsay with caution because it cannot be cross-examined and may be unreliable. However, Singapore law recognises that there are situations where hearsay evidence is both necessary and useful, and the Evidence Act sets out when it can be admitted.
General Rule: Hearsay Is Inadmissible
Under the Evidence Act (Cap 97), hearsay evidence is generally not admissible. This rule protects the fairness of trials by ensuring that only reliable, first-hand testimony is used to prove facts. It prevents untested statements from unfairly influencing the outcome of a case.
Exceptions to the Rule
Despite the general rule, Section 32 of the Evidence Act provides several exceptions where hearsay may be allowed in Singapore courts. These include:
- Dying declarations – statements about the cause or circumstances of death made by someone who has since passed away.
- Business or professional records – official documents created in the ordinary course of business.
- Statements against interest – declarations that go against the maker’s own financial, legal, or personal interest.
- Public documents – records that carry authority, such as government or statutory documents.
- Unavailable witnesses – when the original speaker has died, is too ill to testify, or cannot be located.
These exceptions reflect practical realities. For example, official records and business documents often provide reliable evidence, even if the original author cannot be called to the stand.
Safeguards to Protect Fairness
Even if hearsay falls within an exception, the court has discretion under Section 32(3) of the Evidence Act to exclude it if admitting the evidence would not serve the interests of justice. This ensures that unreliable or unfair evidence does not prejudice the accused.
The Criminal Procedure Code also requires that lawyers give advance notice if they plan to use hearsay evidence. This safeguard gives the other party time to prepare and respond appropriately.
Why Hearsay Matters in Criminal Trials
Hearsay evidence can sometimes be the only way important facts are presented in court. Examples include medical records, financial records, or the testimony of a witness who has passed away. Excluding such evidence entirely could prevent courts from getting the full picture.
At the same time, hearsay is usually given less weight than direct testimony. Judges carefully assess whether the evidence is reliable before deciding how much importance to place on it.
Conclusion
The Role of Hearsay in Criminal Proceedings highlights the delicate balance in Singapore’s legal system between protecting fairness and allowing necessary evidence. While the default rule excludes hearsay, the law creates clear exceptions and safeguards to ensure justice is not compromised.
At Adel Law LLC, we understand the complexities of criminal law and evidence rules in Singapore. Our team is experienced in assessing whether hearsay evidence can be admitted, challenging unreliable statements, and protecting the rights of our clients in court. If you are facing criminal proceedings or need advice on evidentiary issues, our lawyers are here to guide you every step of the way.
