Criminal Procedure & Law of Evidence Article 2022

CRIMINAL LAW
Criminal Procedure & Law of Evidence

CRIMINAL LAW
For how long can JN be detained without a court order
According to the Singapore Law, an individual can be detained without a court order if they are
18 years old and above (Cheah, 2016). Detention without court order should not exceed 48
hours. The maximum time that JN can be detained without a court order is 48 hours after which a
court order should be sort to extend the detention.
Was the detention Lawful
No, the detention was not lawful. Even though the detention was for 48 hours as stipulated in the
constitution there are certain aspects that were ignored thus making the whole detention
unlawful. Article 9 and section 3 of the Singapore constitutions dictates that where a person is
arrested, they shall be informed as soon as possible on the grounds of their arrest (Ling-shen,
2012). Moreover, they shall be allowed to not only consult but also be defended by a lawyer of
their choice. JM was not informed within reasonable time the reason for their arrest and was
denied his request for a lawyer thus making this detention unlawful.
Does JN have a right to consult his lawyer as requested
Yes. JN has a right to consult a lawyer as requested. However, this request may be denied if
there is a doubt that it will interfere with the investigation.
According to article 9 of the constitution, upon arrival at the police station or detention center an
accused individual is allowed to consult a lawyer within a reasonable amount of time while still
under police custody. Besides, family members may also be contacted within a reasonable time
(Muk & Chin, 2015).
Can he be tried for all the charges at the same time

CRIMINAL LAW
Yes, he will be charged for all the charges and crimes he had committed. However, the
sentencing will be different based on the court’s decision. This will be according to the
issue consecutive and concurrent sentencing.
Is the order Legal
The order is legal. This is so because even though the offense is bailable, the court may decide to
deny the accused a bail. This may happen in a case where the accused has been accused of an
offense that is not a fine-only offence. In this case, JN has been accused on an offense that is not
affine-only offence, as such the order of not granting bail is legal.
Advise him on whether his statement is admissible as evidence and what the effect is in the
event the statement is admitted as evidence.
Within the Singapore legal system, there are certain statutes such as the Evidence Act which
monitor and regulate the use of evidence in court systems in the country. According to this Act, a
person who admits or asserts something to be a fact, they have the burden of proving that fact.
Section 6 to 57 of the Evidence Act provides a list of scenarios and situations when evidence
may be deemed as relevant in the court of law (Ngiam & Tung, 2016). Evidence may be
admissible in the court of law if is documented and includes witness statements or oral
statements. Sound and video recordings are also considered admissible in the court of law.
There is a written confession of him on the crime and a CCTV footage of the previous act, so
yes, his statements are admissible evidence in the court of law.
Can the defense object to the testimony of Clueless