Judicial Committee of the Privy Council
| Published date | 01 February 1982 |
| Date | 01 February 1982 |
| DOI | http://doi.org/10.1177/002201838204600105 |
| Subject Matter | Article |
Judicial
Committee
of
the
Privy Council
Comments on
Cases
STANDARDS OF NATURAL JUSTICE
Haw Tua Tau v. Public Prosecutor
Jaykuma/ v. Public Prosecutor
The Criminal Procedure Code of Singapore provides that where a
person is charged withan offence or informed that he may be prosecuted,
he shall be served with a notice which invites him to state any fact on
which he intends to rely in court and warns him that if he holds it back
until he goes to court his evidence is less likely to be believed. The Code
also provides that where there is a failure at that point to mention facts
relied on later, the court may draw such inference from that failure as it
thinks proper and that the failure may be treated by the court as
corroboration
of
any evidence given against the accused in relation to
which this failure to speak is material. Moreover, the court is bound
to tell the accused at the trial that he will be called upon to giveevidence
on oath in his defence and that, although he will not be compelled to
do so, a failure to do so or to answer any question will permit the court
to draw such inference as it thinks proper. These provisions have been
challenged on the grounds that (i) they are contrary to natural justice,
in that they create so strong an inducement to the defendant to make
astatement as to render that statement inadmissible; and (ii) the
attempt to save the statements from the consequences of their having
been obtained by inducement is contrary to those constitutional
guarantees that provide that no person shall be deprived
of
his life or
personal liberty save in accordance with law.
In Haw Tua Tau v. Public Prosecutor [1981] 3 W. L. R. 395; 3All
E. R. 14 and Jaykuma/ v. Public Prosecutor [1981] 3 W. L. R. 408, the
applicants and appellants to the Judicial Committee of the PrivyCouncil
were convicted of capital offences - murder and drug trafficking - and
their appeals were dismissed by the Court of Criminal Appeal. The
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