International Cooperation in Recording Evidence for Use in Criminal Proceedings With Particular Reference to Singapore (From Report for 1989 and Resource Material Series No. 37, P 184-190, 1990 -- See NCJ-135691)

• NCJ Number: 135700
• Author(s): F T C Kuang
• Date Published: 1990
• Length: 7 pages
• Sale Source: National Institute of Justice/; United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Japan

Annotation

Singapore's experience in responding to requests from other countries for evidence to be recorded for use in those countries' criminal proceedings suggests the need for the United Nations to assume a major role in fostering cooperation among its member countries and coordinating the drafting of appropriate national laws on the subject.

Abstract

Singapore has two laws that enable its courts to record evidence for use in the criminal proceedings of other countries. These are the Extradition Act and the 1885 Evidence by Commission Act. During the last 10 years, Singapore has received 17 requests from other countries for such evidence to be recorded, with almost half coming in the past 2 years. The main types of offenses involved have been drug law offenses, breaches of banking and foreign exchange regulations, fraud, and forgery. A useful role for the United Nations would be to make its members aware of the availability and benefits of such evidence, encouraging more extensive usage, and coordinating and regulating its usage so that the evidence can be put to practical use in the requesting countries. The main objections to using such evidence are constitutionality, jurisdiction, and procedural differences in countries' legal systems. To overcome these objections, the United Nations could develop a draft code for national legislation on the subject. 10 reference notes