Law of Evidence at Singapore
In Singapore, the law of evidence is primarily governed by the Evidence Act (Cap. 97), which outlines the rules and principles for the admissibility of evidence in legal proceedings. The law covers various aspects, including the types of evidence, the way it is presented, and the rules regarding its reliability and relevance. Some key aspects of the law of evidence in Singapore include:
1. Relevance of Evidence
Evidence must be relevant to the issues in the case. The Evidence Act sets out that evidence should help to establish or disprove facts in issue.
2. Admissibility
The court will only admit evidence that is legally admissible. This includes ensuring that the evidence does not contravene other legal rules, such as those related to privilege or hearsay.
3. Hearsay Rule
Generally, hearsay evidence (statements made outside of the court to prove the truth of the matter asserted) is not admissible. However, there are exceptions where hearsay may be allowed, such as when it is relevant to the case, or if the person who made the statement is unavailable.
4. Types of Evidence
Oral Evidence: Testimony of witnesses in court.
Documentary Evidence: Written documents, such as contracts, emails, and official records.
Real Evidence: Physical objects that are relevant to the case, like weapons or drugs.
Electronic Evidence: Digital information, including emails, text messages, and digital files, is increasingly important and admissible if properly authenticated.
5. Burden of Proof
The prosecution in criminal cases generally bears the burden of proof, which means they must prove the defendant’s guilt beyond a reasonable doubt. In civil cases, the burden of proof typically lies with the plaintiff to prove their case on a balance of probabilities.
6. Presumptions and Inferences
Certain facts may be presumed under the law unless contrary evidence is provided. For example, if a document is produced from the custody of a person, it may be presumed to be genuine unless evidence suggests otherwise.
7. Expert Evidence
Expert witnesses can provide their opinions on specialized matters, such as scientific or technical aspects, which may help the court to understand complex issues in the case.
8. Privilege
Some evidence may be privileged and thus inadmissible in court. This includes legal professional privilege (communication between a lawyer and client), spousal privilege (communication between spouses), and journalistic privilege (protection of sources).
9. Witness Testimony
Witnesses must testify truthfully. If a witness is found to have lied, they can be charged with perjury.
10. Electronic Evidence and Technology
With the increasing use of technology, there are provisions for the admissibility of electronic evidence (e.g., emails, text messages, social media posts) in legal proceedings. The Evidence Act has been updated to account for digital technology, allowing electronic records to be admitted as evidence when properly authenticated.
In addition to the Evidence Act, there are also judicial decisions and common law principles that contribute to the understanding and application of evidence law in Singapore.
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