The court could refuse to admit the evidence if it appears that the statement was not given voluntarily and it was due ITP. In Singapore, the admissibility of statements given by accused persons during police interrogation is governed by Section 258 of the Criminal Procedure Code. Here are 4 things you need to know about the admissibility of statements.
- Law on Inducement, Threat or Promise (“ITP”)
The court shall refuse to admit the evidence if the statement was given as a result of any ITP by the accused person to the police officer through hope of escape or fear of punishment.
The law of ITP consists of two limbs: (a) there must be objective ITP; and (b) there must be subjective ITP.
It is important to note that a statement would be regarded as voluntarily given if the impression caused by any ITP had been fully removed.
Similarly, self-perceived inducements do not amount to ITP. This means that the ITP must move from a person in authority (such as a police officer).
- Law on Oppression
A statement is inadmissible if it was given under oppression, i.e. not given voluntarily. To clarify, the court has held that it is not necessary for interrogators to remove all discomfort. Some discomfort has to be expected in police interrogation.
To establish oppression, it must be shown that the police acted in a manner that tend to sap or have sapped the free will of the accused making the statement.
- Effect of drug influence
The law takes on strict approach to determine the admissibility of a statement given under the effect of drug influence. In order to rule that the statement was given involuntary, the accused person must have given the statement in a state of near delirium that his mind did not go with the statements he was making.
- What happens if it is established that the statement was not given voluntarily?
If the court is satisfied that the statement was not given voluntarily as a result of ITP, oppression or drug influence, the said statement would not be admissible in court.
Consult a criminal lawyer
In practice, it is generally difficult to establish that the statements were not given voluntarily due to the high threshold. If you wish to find out more, do not hesitate to set a consultation with our criminal lawyers and see what they can do for you.
