PLANS TO UPDATE CRIMINAL DISCLOSURE OBLIGATIONS SET OUT IN CRIMINAL PROCEDURE CODE 2010

Criminal practitioners will agree that there has been a sea-change in the approach to discovery of relevant documents in criminal proceedings after the Criminal Case Disclosure Conference (“CCDC”) regime was introduced into the Criminal Procedure Code in 2010. This gives an accused person a much better ability to understand the case he has to meet before trial. About 12 years later, there has been important developments in the law; particular the decision of the Court of Appeal in Muhammad bin Kadar vs PP in which the Court imposed certain discovery duties on the Prosecution. I asked the Minister whether the Government intends to update the disclosure obligations in light of these developments. The Minister, in his reply, informed that he is considering amendments to the CPC and will provide more details when ready. My PQ and his answer may be accessed below.

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Mr Murali Pillai asked the Minister for Law whether the Government intends to update the criminal disclosure obligations set out in the Criminal Procedure Code 2010 having regard to holdings of the Court of Appeal on disclosure of documents in criminal cases.

Mr K Shanmugam: We are reviewing the statutory and common law disclosure obligations in criminal cases, and considering amendments to the Criminal Procedure Code. We will provide more details when ready.