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The Role of Prosecutors as Ministers of Justice: Disclosure of Unused Material, and Calling of Witnesses at Trial (Part I)

Year of Publication: 2021
Month of Publication: 2
Author(s): Benny Tan
Research Area(s): Criminal Law & Justice
Journal Name: Singapore Law Gazette
Issue Number: February
Abstract:

This two-part article examines two aspects intimately related to a prosecutor’s role as a Minister of Justice – the Prosecution’s duty to disclose unused material, and its discretion to call witnesses at trial. This part offers a summary of the current law in Singapore on the Prosecution’s duty to disclose unused material, a discussion of why there will be cases where the Prosecution assesses its disclosure obligations differently from the courts, and some general suggestions on how to further enhance matters moving forward. The other part (forthcoming in next month’s issue) considers recent case law developments vis-à-vis the Prosecution’s discretion to call witnesses at trial, as well as some challenging questions that these particular developments potentially raise.

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