Criminal Procedure Code 2010

Criminal Procedure Code 2010

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act relating to criminal procedure.

[2 January 2011]

PART 1

PRELIMINARY

Short title

1.  This Act is the Criminal Procedure Code 2010 and is generally referred to in this Act as this Code.

Interpretation

2.—(1)  In this Code, unless the context otherwise requires —

“advocate” means an advocate and solicitor lawfully entitled to practise criminal law in Singapore;

“arrestable offence” and “arrestable case” mean, respectively, an offence for which and a case in which a police officer may ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law;

“audiovisual recording” means an aggregate of visual images and sounds embodied in a thing, so as to be capable, by the use of that thing, of being produced electronically and shown as a moving picture with associated sounds;

“bailable offence” means an offence shown as bailable in the fifth column of the First Schedule or which is made bailable by any other written law, and “non‑bailable offence” means any offence other than a bailable offence;

“child abuse offence” means an offence under section 6(1), 7, 8, 14(2), 16 or 17 of the Children and Young Persons Act 1993, or an offence under section 377BG, 377BH, 377BI, 377BJ, 377BK or 377BL of the Penal Code 1871, and includes an abetment of, a conspiracy to commit, or an attempt to commit, such an offence;

“complaint” means any allegation made orally or in writing to a Magistrate with a view to the Magistrate taking action under this Code that some person, whether known or unknown, has committed or is guilty of an offence;

“computer” has the meaning given by the Computer Misuse Act 1993;

“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;

“Criminal Procedure Rules”  —

(a) means the Criminal Procedure Rules 2018 made under this Code and any other written law by the Criminal Procedure Rules Committee constituted under section 428A; and

(b) includes any subsidiary legislation deemed under section 428A(15) to be Criminal Procedure Rules;

“criminal record” means the record of any —

(a) conviction in any court, or subordinate military court established under section 80 of the Singapore Armed Forces Act 1972;

(b) order made under section 34(2) of the Misuse of Drugs Act 1973;

(c) supervision order made under section 16 of the Intoxicating Substances Act 1987;

(d) order made under section 30(1) of the Criminal Law (Temporary Provisions) Act 1955; and

(e) order as may be prescribed by the Minister charged with the responsibility for home affairs to be a criminal record for the purposes of this Code;

“data” has the meaning given by the Computer Misuse Act 1993;

“expert” means a person with scientific, technical or other specialised knowledge based on training, study or experience;

[Act 19 of 2018 wef 31/12/2025]

“financial institution” has the meaning given by section 2 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;

“fine” means any fine or financial penalty imposed by any court upon any conviction of any offence;

“fine‑only offence” means an offence that is punishable only with a fine;

“Judge” means a Supreme Court Judge, a Senior Judge or a Judicial Commissioner sitting in the General Division of the High Court in accordance with the Constitution and the Supreme Court of Judicature Act 1969;

“Judge sitting in the Court of Appeal” means a Supreme Court Judge, a Senior Judge or a Judicial Commissioner sitting in the Court of Appeal in accordance with the Constitution and the Supreme Court of Judicature Act 1969;

“judicial proceeding” means any proceeding in the course of which evidence is or may be legally taken by a court;

“juvenile” means a person who, in the absence of legal proof to the contrary, is 10 years of age or older but below 18 years of age in the opinion of the court;

[Act 32 of 2024 wef 30/12/2025]

“law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law;

“life imprisonment” means imprisonment for the duration of a person’s natural life;

“non-arrestable offence” and “non‑arrestable case” mean, respectively, an offence for which and a case in which a police officer may not ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law;

“offence” means an act or omission punishable by any written law;

“place” includes —

(a) any building or structure, whether permanent or temporary;

(b) any land, whether or not built on;

(c) any place, whether or not enclosed, and whether or not situated underground or underwater;

(d) any vessel, aircraft, train, or vehicle (whether mechanically‑propelled or otherwise) or any other means of transport; and

(e) any part of any place referred to in paragraphs (a) to (d);

“police officer” has the meaning given by the Police Force Act 2004;

“police station” means any local office of the Singapore Police Force;

[Act 5 of 2024 wef 31/05/2024]

“Postal Authority”, “public parcel locker network operator” and “public postal licensee” have the meanings given by section 2(1) of the Postal Services Act 1999;

“proceeding” includes a criminal case disclosure conference and a case conference, held under Part 9 or 10, as the case may be;

[Act 25 of 2021 wef 01/04/2022]

“property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property;

“public body” means —

(a) the Government or any department, office or service of the Government; or

(b) any corporation, authority, board, council, commission, office or other body established by or under any public Act for a public purpose;

“Registrar of the Family Justice Courts” means the registrar of the Family Justice Courts, and includes the deputy registrar and an assistant registrar of the Family Justice Courts;

“Registrar of the State Courts” means the registrar of the State Courts, and includes a deputy registrar of the State Courts;

“Registrar of the Supreme Court” includes the Deputy Registrar and an Assistant Registrar of the Supreme Court;

“repealed Code” means the Criminal Procedure Code (Cap. 68, 1985 Revised Edition) repealed by this Code;

“sexual offence” means —

(a) an offence under section 354, 354A, 355, 372, 373, 373A, 375, 376, 376A, 376AA, 376B, 376C, 376D, 376E, 376EA, 376EB, 376EC, 376ED, 376EE, 376F, 376G, 376H, 377(3), 377B(3), 377BA, 377BB, 377BC, 377BD, 377BE or 377BF of the Penal Code 1871; or

[Act 39 of 2022 wef 03/01/2023]

(b) an offence under section 140, 141, 142, 143, 144, 145, 146, 146A, 147 or 148 of the Women’s Charter 1961,

and includes an abetment of, a conspiracy to commit, or an attempt to commit, such an offence;

“signed” or “signature” has the meaning given by section 2(1) of the Electronic Transactions Act 2010;

“State Court” means any court constituted under the State Courts Act 1970 for the administration of criminal justice;

“stolen property” has the meaning given by section 410 of the Penal Code 1871;

“terrorist act” has the meaning given by section 2(2) and (3) of the Terrorism (Suppression of Financing) Act 2002;

“travel document” means a passport and includes any document issued by any State (including Singapore) or territory for the purpose of facilitating travel by the holder thereof;

“writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form, whether permanent or otherwise.

[3/2013; 5/2014; 27/2014; 42/2014; 9/2018; 12/2018; 19/2018; 15/2019; 40/2019; 10/2021]

(1A)  Any power conferred on a court by this Code to make an order for the disposal of any property includes a power to make an order for the forfeiture, confiscation or destruction of the property, or for the delivery of the property to any person, but must be exercised subject to any provisions on forfeiture, confiscation, destruction or delivery in any other written law that is applicable to the case.

[19/2018]

(2)  Words and expressions used in this Code which are defined in the Penal Code 1871 but not defined in this section have the meanings given by the Penal Code 1871.

Service of notices, orders and documents

3.—(1)  Subject to this section, any notice, order or document (other than a summons or a notice to attend court issued under this Code) required or permitted to be served on a person under this Code may be served on that person —

(a) by delivering it personally to that person;

(b) by addressing it to that person and delivering it at the last known residential address of that person to an adult person who is a member of his or her family;

(c) by addressing it to that person and delivering it at the last known business address of that person to that person’s employee or by addressing it to that person’s advocate (if any) and delivering it to the advocate at the advocate’s office;

(d) by sending it by registered post addressed to that person at that person’s last known residential or business address, or sending it by registered post addressed to that person’s advocate (if any) at the advocate’s office;

(e) by addressing it to that person and transmitting it by fax to that person’s last known fax number, or addressing it to that person’s advocate (if any) and transmitting it by fax to the advocate’s office fax number;

(ea) by addressing it to that person, and transmitting it to an electronic mail address specified by that person in accordance with subsection (4A);

(eb) by addressing it to that person’s advocate (if any), and transmitting it to an electronic mail address specified by the advocate in accordance with subsection (4B);

(f) by leaving it at that person’s last known residential or business address, if service cannot be effected under paragraphs (a) to (e);

(g) in the case of a body corporate or a limited liability partnership —

(i) by delivering it to the director, manager or secretary, or other similar officer of the body corporate or limited liability partnership, at its registered office or principal place of business;

(ii) by delivering it to the advocate (if any) of the body corporate or limited liability partnership at the advocate’s office;

(iii) by sending it by registered post addressed to the body corporate or limited liability partnership at the registered office or principal place of business of the body corporate or limited liability partnership;

(iv) by sending it by registered post addressed to the advocate (if any) of the body corporate or limited liability partnership at the advocate’s office;

(v) by addressing it to that body corporate or limited liability partnership and transmitting it to the last known fax number of the body corporate or limited liability partnership;

(vi) by addressing it to the advocate (if any) of the body corporate or limited liability partnership and transmitting it by fax to the advocate’s office fax number;

(vii) by addressing it to that body corporate or limited liability partnership, and transmitting it to an electronic mail address specified by that body corporate or limited liability partnership in accordance with subsection (4A); or

(viii) by addressing it to the advocate (if any) of the body corporate or limited liability partnership, and transmitting it to an electronic mail address specified by the advocate in accordance with subsection (4B);

(h) in the case of a partnership other than a limited liability partnership —

(i) by delivering it to any one of the partners or the secretary, or other similar officer of the partnership, at its registered office or principal place of business;

(ii) by delivering it to the advocate (if any) of the partnership at the advocate’s office;

(iii) by sending it by registered post addressed to the partnership at the registered office or principal place of business of the partnership;

(iv) by sending it by registered post addressed to the advocate (if any) of the partnership at the advocate’s office;

(v) by addressing it to that partnership and transmitting it to the last known fax number of the partnership;

(vi) by addressing it to the advocate (if any) of the partnership and transmitting it by fax to the advocate’s office fax number;

(vii) by addressing it to that partnership, and transmitting it to an electronic mail address specified by that partnership in accordance with subsection (4A); or

(viii) by addressing it to the advocate (if any) of the partnership, and transmitting it to an electronic mail address specified by the advocate in accordance with subsection (4B);

(i) in the case of an unincorporated association —

(i) by delivering it to the president, the secretary or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee, at the address of the unincorporated association;

(ii) by delivering it to the advocate (if any) of the unincorporated association at the advocate’s office;

(iii) by sending it by registered post addressed to the unincorporated association at the address of the unincorporated association;

(iv) by sending it by registered post addressed to the advocate (if any) of the unincorporated association at the advocate’s office;

(v) by addressing it to that unincorporated association and transmitting it to the last known fax number of the unincorporated association;

(vi) by addressing it to the advocate (if any) of the unincorporated association and transmitting it by fax to the advocate’s office fax number;

(vii) by addressing it to that unincorporated association, and transmitting it to an electronic mail address specified by that unincorporated association in accordance with subsection (4A); or

(viii) by addressing it to the advocate (if any) of the unincorporated association, and transmitting it to an electronic mail address specified by the advocate in accordance with subsection (4B); or

(j) by any other prescribed method.

[19/2018]

(2)  In the case of service under subsection (1)(a), the person to whom the notice, order or document is served must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip.

(3)  In the case of service under subsection (1)(b) and (c), the family member or employee to whom the notice, order or document is delivered must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip and writing down his or her name, age, identity card or passport number, contact details and relationship to the person on whom the notice, order or document is intended to be served.

(4)  In the case of service under subsection (1)(g)(i), (h)(i) and (i)(i), the person to whom the notice, order or document is delivered must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip and writing down his or her name, age, identity card or passport number, contact details and position in the body corporate, limited liability partnership, partnership or unincorporated association (as the case may be) on which the notice, order or document is intended to be served.

(4A)  The notice, order or document may be served in a manner specified in subsection (1)(ea), (g)(vii), (h)(vii) or (i)(vii) only if both of the following conditions are satisfied:

(a) the person to whom the notice, order or document is to be served gives that person’s prior written consent for the notice, order or document to be served in that manner;

(b) that person specifies, in that written consent, the electronic mail address to which the notice, order or document is to be transmitted.

[19/2018]

(4B)  The notice, order or document may be served in a manner specified in subsection (1)(eb), (g)(viii), (h)(viii) or (i)(viii) only if both of the following conditions are satisfied:

(a) the advocate (if any) of the person to whom the notice, order or document is to be served gives the advocate’s prior written consent for the notice, order or document to be served in that manner;

(b) the advocate specifies, in that written consent, the electronic mail address to which the notice, order or document is to be transmitted.

[19/2018]

(5)  A reference in this Code to service by registered post is a reference to a postal service that records the posting and delivery of mail by the Postal Authority or public postal licensee.

(6)  When a notice, order or document is served under this section, an affidavit of such service purporting to be made by the process server before an officer authorised to administer an oath is admissible in evidence.

Trial of offences under Penal Code 1871 or other laws

4.—(1)  Offences under the Penal Code 1871 must be inquired into and tried according to this Code.

(2)  Offences under any other written law must also be inquired into and tried according to this Code, subject to any law regulating the manner or place of inquiring into or trying those offences.

Saving of powers of Supreme Court and law officers

5.  Nothing in this Code derogates from the jurisdiction or powers of the Court of Appeal or the General Division of the High Court or the Judges thereof, or the Attorney‑General, a Deputy Attorney‑General or the Solicitor‑General.

[41/2014; 40/2019]

Where no procedure is provided

6.  As regards matters of criminal procedure for which no special provision has been made by this Code or by any other law for the time being in force, such procedure as the justice of the case may require, and which is not inconsistent with this Code or such other law, may be adopted.

PART 2

CRIMINAL JURISDICTION OF STATE COURTS

[5/2014]

Criminal jurisdiction of Magistrates’ Courts

7.—(1)  Subject to this Code, Magistrates’ Courts have jurisdiction and power to —

(a) try any offence for which the maximum term of imprisonment provided by law does not exceed 5 years or which is a fine‑only offence;

(b) [Deleted by Act 19 of 2018]

(c) inquire into a complaint of any offence and summon and examine any witness who may give evidence relating to such offence;

(d) summon, apprehend and issue warrants for the apprehension of criminals and offenders, and deal with them according to law;

(e) issue a warrant to search or cause to be searched any place wherein any stolen goods or any goods, article or thing with which or in respect of which any offence has been committed is alleged to be kept or concealed;

(f) require any person to furnish security for keeping the peace or for the person’s good behaviour according to law; and

(g) do any other thing that Magistrates’ Courts are empowered to do under this Code or any other written law.

[19/2018]

(2)  The jurisdiction and powers conferred on Magistrates’ Courts under subsection (1)(a) must be exercised by a Magistrate sitting in a court house of the Magistrate’s Court or at such other place as may be prescribed.

[19/2018]

(3)  The jurisdiction and powers conferred on Magistrates’ Courts under subsection (1)(c) to (g) may be exercised by a Magistrate at any place in Singapore.

Criminal jurisdiction of District Courts

8.—(1)  District Courts have jurisdiction and power to try any offence for which the maximum term of imprisonment provided by law does not exceed 10 years or which is a fine-only offence.

[19/2018]

(2)  Every District Court has in the exercise of its jurisdiction all the powers of a Magistrate’s Court.

Enlargement of jurisdiction of State Courts

9.—(1)  Where an offence is triable by a District Court but not by a Magistrate’s Court, the Public Prosecutor may in writing authorise a Magistrate’s Court in any particular case to try the offence.

[5/2014]

(2)  Despite section 7(1), a Magistrate’s Court may try any offence —

(a) under the Penal Code 1871, if the offence is shown to be triable by a Magistrate’s Court in the seventh column of the First Schedule; or

(b) under any law other than the Penal Code 1871, if the offence is shown to be triable by a Magistrate’s Court under that law.

(3)  Despite section 8(1), a District Court may try any offence other than an offence punishable with death —

(a) if that offence (which is one under the Penal Code 1871) is shown to be triable by a District Court in the seventh column of the First Schedule;

(b) if that offence (which is one under any law other than the Penal Code 1871) is shown to be triable by a District Court under that law; or

(c) if the Public Prosecutor applies to the District Court to try such offence, and the accused consents, or if more than one are charged together with the same offence, all such accused persons consent.

(4)  Nothing in this section is to be construed as enlarging the power conferred on the Magistrate’s Court or District Court under section 303.

Consent required for prosecution of certain offences

10.—(1)  A prosecution for —

(a) an offence under section 172 to 188, 193 to 196, 199, 200, 205 to 211, 228, 376C, 376G or 505 of the Penal Code 1871;

(b) an offence under Chapter 5A, 6 (except section 127) or 18 of the Penal Code 1871;

(c) an offence under Chapter 21 of the Penal Code 1871; or

(d) an abetment of, or an attempt to commit, any offence mentioned in paragraphs (a), (b) and (c),

must not be instituted except with the consent of the Public Prosecutor.

(2)  A person may be charged or arrested, or a warrant for the person’s arrest may be issued and executed, and any such person may be remanded in custody or released on bail, even though the consent of the Public Prosecutor has not been obtained, but the case must not be further prosecuted until that consent has been obtained.

(3)  When a person is brought before a court before the Public Prosecutor has consented to the prosecution, the charge must be explained to the person but the person must not be called upon to plead.

(4)  The consent of the Public Prosecutor —

(a) need not refer to a particular offence but may be expressed in general terms; and

(b) must as far as practicable specify the place in which and the occasion on which the offence was committed.

(5)  No consent remains in force unless acted upon within one month from the date on which it was given.

(6)  Subsections (2) to (5) also apply in respect of every consent of the Public Prosecutor which is required to be obtained under any other written law before proceedings in respect of an offence may be instituted.

PART 3

POWERS OF ATTORNEY-GENERAL AND PUBLIC PROSECUTOR

Public Prosecutor

11.—(1)  The Attorney-General is the Public Prosecutor and has the control and direction of criminal prosecutions and proceedings under this Code or any other written law.

(2)  The Deputy Attorney‑General assigned by the Attorney‑General to have control and direction of criminal prosecutions and proceedings under this Code or any other written law has all the powers of the Public Prosecutor, and any reference in this Code or any other written law to the Public Prosecutor, unless the context otherwise requires, includes a reference to this Deputy Attorney‑General.

[41/2014]

(3)  Subject to this section, the Public Prosecutor may appoint the Solicitor‑General, any officer or other person to act as a Deputy Public Prosecutor or an Assistant Public Prosecutor in carrying out any of the duties of the Public Prosecutor under this Code or under any other written law, and may assign any of those duties to a Deputy Public Prosecutor or an Assistant Public Prosecutor.

[41/2014]

(4)  The Public Prosecutor may authorise in writing one or more Deputy Public Prosecutors —

(a) to give any consent, fiat, order, authorisation, permission, instruction or direction; or

(b) to make any application or requisition,

on behalf of the Public Prosecutor that is required by this Code or any other written law for —

(c) the trial of an offence before any court, tribunal or authority;

(d) the forfeiture, confiscation, destruction or disposal of property; or

(e) the exercise by any police officer of the powers of investigation under this Code,

as the case may be.

(5)  The Public Prosecutor, the Deputy Attorney‑General mentioned in subsection (2), the Solicitor‑General or a Deputy Public Prosecutor may authorise any person, on such terms and conditions as he or she thinks fit, to act for the Public Prosecutor in the conduct of a case or prosecution in court or in any part of such conduct.

[41/2014]

(6)  Any proceeding before the General Division of the High Court must be conducted by the Public Prosecutor, the Deputy Attorney‑General mentioned in subsection (2), the Solicitor‑General, a Deputy Public Prosecutor, an Assistant Public Prosecutor, or a person authorised under subsection (5) who is an advocate.

[41/2014; 40/2019]

(7)  No person may appear on behalf of the Public Prosecutor in any criminal appeal, or any case stated or criminal reference under Division 2 of Part 20, other than the Deputy Attorney‑General mentioned in subsection (2), the Solicitor‑General, a Deputy Public Prosecutor, or a person authorised under subsection (5) who is an advocate.

[41/2014]

(8)  Subject to subsections (9) and (10), any proceeding relating to a criminal matter before a State Court must be conducted only by the Public Prosecutor, the Deputy Attorney‑General mentioned in subsection (2), the Solicitor‑General, a Deputy Public Prosecutor, an Assistant Public Prosecutor, or any other person authorised under subsection (5).

[5/2014; 41/2014]

(9)  An officer of a public body, or an advocate acting on behalf of that public body, may with the authorisation of the Public Prosecutor, conduct any prosecution in summary cases before a Magistrate’s Court.

(10)  A private person may appear in person or by an advocate to prosecute in summary cases before a Magistrate’s Court for any offence for which the maximum term of imprisonment provided by law does not exceed 3 years or which is a fine‑only offence.

[19/2018]

Public Prosecutor’s fiat

12.—(1)  Despite any provision in this Code, the Public Prosecutor may by fiat, and on such terms and conditions as he or she thinks fit, permit any person to prosecute, on the person’s own behalf, any particular offence punishable under the Penal Code 1871 or any other written law, or to pursue any further proceedings in such prosecution.

(2)  The person to whom the fiat is granted under subsection (1) may either appear in person or by an advocate.

Public Prosecutor’s power to take over conduct of prosecution, etc.

13.  Where a prosecution is conducted by a person other than the Public Prosecutor, the Deputy Attorney‑General mentioned in section 11(2), the Solicitor‑General, a Deputy Public Prosecutor or an Assistant Public Prosecutor, the Public Prosecutor may, if he or she thinks fit, take over the conduct of the prosecution at any stage of the proceedings and continue or discontinue the prosecution.

[41/2014]

PART 4

INFORMATION TO POLICE AND POWERS OF INVESTIGATION

Division 1 — Duties of police officer on receiving information about offences

Information about offences received by police

14.—(1)  When information is first received at a police station about an offence, the recording officer must proceed in accordance with this section.

(2)  If the information is in writing, the recording officer must —

(a) if practicable, immediately mark on it the date and time of receipt at the police station and the name and address of the person who gave the information; and

(b) if the information appears to be signed by the informant, file it as a report.

(3)  If the information is given orally and the recording officer considers it practicable to reduce it to writing immediately, the recording officer must ensure that all of the following are recorded in a report:

(a) the date and time of the recording officer’s receipt of the information;

(b) the name and address of the informant;

(c) the information given by the informant;

(d) such other particulars as the nature of the case may require.

(4)  The informant, the recording officer and the interpreter (if any) must, where practicable, sign the report mentioned in subsection (3).

(5)  If the information is given orally and it is impracticable for the recording officer to write it down immediately, he or she must —

(a) make a note of the first information; and

(b) if the offence to which the information relates is an arrestable offence, cause to be recorded, as soon as possible, a fuller statement from the informant under section 22.

(6)  If requested, the recording officer must give a copy of the information recorded under this section to the informant upon payment of the prescribed fee.

(7)  The Minister charged with the responsibility for home affairs may prescribe the mode by which information about an offence may be received or given under this section and section 15.

(8)  In this section, “recording officer” means the officer in charge of a police station or any police officer whose duty includes receiving reports relating to the commission of any offence.

Information about offences received by authorised persons

15.—(1)  When information about an offence is given to any authorised person —

(a) that person must immediately record the information in a report and communicate that report to the officer in charge of a police station or any police officer whose duty includes dealing with reports relating to the commission of any offence; and

(b) that officer must then proceed in accordance with section 16 or 17.

(2)  If requested, the officer mentioned in subsection (1) must give a copy of the information recorded under this section to the informant upon payment of the prescribed fee.

(3)  In this section, “authorised person” means any person, not being a police officer, who is authorised by the Commissioner of Police to receive reports relating to the commission of any offence.

Procedure in non-arrestable cases

16.—(1)  Where the information so filed or recorded under section 14 or 15 relates to a non-arrestable offence, any one or more of the following applies:

(a) the case must thereupon be investigated by a police officer;

(b) the informant may, by notice of a police officer, be referred to a Magistrate;

[Act 16 of 2024 wef 17/06/2024]

(c) a police officer may refer the case to a mediator of a Community Mediation Centre, established under the Community Mediation Centres Act 1997, for mediation.

[Act 16 of 2024 wef 17/06/2024]

(1A)  Despite subsection (1), if the police officer has reason to believe that the matter is not of a serious nature or there are insufficient grounds for proceeding with the matter (whether or not any investigation has commenced under subsection (1)(a)), no further action need be taken by any police officer.

[Act 16 of 2024 wef 17/06/2024]

(2)  In investigating such a case, a police officer may, by order of the Public Prosecutor or a Magistrate, exercise any of the special powers of investigation under sections 21, 22, 34, 39 and 111.

(3)  A police officer receiving an order of the Public Prosecutor or a Magistrate as mentioned in subsection (2) may also exercise the same powers in respect of the investigation as the police officer may exercise without an order in an arrestable case, except the power to arrest without warrant.

(4)  Any informant referred to a Magistrate under subsection (1) must be supplied with a copy of any report filed or recorded under section 14 or 15 on which must be endorsed the name of the police station or place at which the information was so filed or recorded.

(5)  A police officer must record his or her reasons if he or she decides to take any course of action mentioned in subsection (1)(b) or (c) or (1A).

[Act 16 of 2024 wef 17/06/2024]

Procedure when arrestable offence is suspected

17.—(1)  If, from information received or otherwise, a police officer has reason to suspect that an arrestable offence has been committed, the police officer must, or if he or she is unable to attend to the case, another police officer acting in his or her place must —

(a) investigate the facts and circumstances of the case as soon as practicable; and

[Act 5 of 2024 wef 31/05/2024]

(b) try to find the offender and, if appropriate, arrest the offender and report the case to the Public Prosecutor.

[Act 5 of 2024 wef 31/05/2024]

(2)  Despite subsection (1) —

(a) if the police officer has reason to believe that the case is not of a serious nature, there is no need to investigate the facts and circumstances of the case; or

[Act 5 of 2024 wef 31/05/2024]

(b) if the police officer has reason to believe that there are insufficient grounds for proceeding with the matter, he or she must not do so.

(3)  In each of the cases mentioned in subsection (2)(a) and (b), the police officer receiving the information must state in his or her report his or her reason for not fully complying with subsection (1).

Investigation in arrestable cases

18.—(1)  A police officer may exercise all or any of the special powers of investigation under sections 21, 22, 34, 39 and 111 when investigating any arrestable case.

(2)  The action of a police officer in such a case may not be called into question at any time on the ground that he or she lacked authority under this section to exercise the special powers of investigation under sections 21, 22, 34, 39 and 111.

Diary of proceedings in investigation

19.—(1)  A police officer conducting any investigation under this Part must keep a daily diary of his or her progress, setting out —

(a) the time at which any order for investigation reached him or her;

(b) the times at which he or she began and closed his or her investigation;

(c) the places he or she visited; and

(d) the findings of his or her investigation.

(2)  Despite anything in the Evidence Act 1893, an accused is not entitled to call for or inspect such a diary before or during an inquiry, a trial or other proceeding under this Code.

(3)  Where, for the purposes of section 161 or 162 of the Evidence Act 1893, the police officer conducting the investigation refers to such a diary, then —

(a) the accused may be shown only the entries in the diary that the officer or prosecutor has referred to; and

(b) the prosecutor must conceal or obliterate any other entries.

Power to order production of any document or other thing

20.—(1)  Where a police officer of or above the rank of sergeant, or an authorised person, considers that any document or thing (other than a document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, the police officer or authorised person may —

(a) issue a written order to require a person in whose possession or power the document or thing is believed to be —

(i) to produce the document or thing at the time and place stated in the order;

(ii) to give a police officer or an authorised person access to the document or thing; or

(iii) in the case of a document or thing that is in electronic form —

(A) to produce a copy of the document or thing, at the time and place stated in the order; or

(B) to give a police officer or an authorised person access to a copy of the document or thing; or

(b) in the case of a document or thing that is contained in or available to a computer — issue a written order to require a person who is believed to have power to access the document or thing from that computer —

(i) to produce a copy of the document or thing, at the time and place stated in the order; or

(ii) to give a police officer or an authorised person access to a copy of the document or thing.

[19/2018; 10/2021]

(1A)  Without limiting subsection (1), where a police officer of or above the rank of sergeant, or an authorised person, considers that any data (other than data in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, the police officer or authorised person may —

(a) issue a written order to require a person in whose possession or power the data is believed to be —

(i) to authenticate the data; and

(ii) to produce the data, at the time and place stated in the order; or

(b) in the case of any data that is contained in or available to a computer — issue a written order to require a person who is believed to have power to access the data from that computer —

(i) to authenticate a copy of the data; and

(ii) to produce a copy of the data, at the time and place stated in the order.

[19/2018; 10/2021]

(2)  Despite subsections (1) and (1A), a written order under subsection (1) or (1A) for the production of customer information by a financial institution (other than a specified institution), or access to customer information kept by a financial institution (other than a specified institution) —

(a) may only be made by a police officer of or above the rank of inspector, or an authorised person; and

(b) may require the financial institution to monitor any account of a customer of the financial institution for a period of time and provide such information relating to the transactions carried out in the account during that period.

[19/2018]

[Act 5 of 2024 wef 01/08/2024]

(2A)  Despite subsections (1) and (1A), a written order under subsection (1) or (1A) for the production of customer information by a specified institution, or access to customer information kept by a specified institution —

(a) may only be made by —

(i) a police officer of or above the rank of inspector;

(ii) an authorised person mentioned in paragraph (a) of the definition of “authorised person” in subsection (9); or

(iii) an authorised person mentioned in paragraph (b) of the definition of “authorised person” in subsection (9) who is investigating an offence under a specified law; and

(b) may require the specified institution to monitor any account of a customer of the specified institution for a period of time and provide such information relating to the transactions carried out in the account during that period.

[Act 5 of 2024 wef 01/08/2024]

(3)  If any document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, the Public Prosecutor may issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —

(a) to deliver that document or thing, at the time and place stated in the order, to a person stated in the order; or

(b) in the case of a document or thing that is in electronic form or is contained in or available to a computer — to deliver a copy of that document or thing, at the time and place stated in the order, to a person stated in the order.

[19/2018; 10/2021]

(3A)  Without limiting subsection (3), if any data in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, the Public Prosecutor may —

(a) issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —

(i) to authenticate the data; and

(ii) to produce the data, at the time and place stated in the order; or

(b) in the case of any data that is contained in or available to a computer — issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —

(i) to authenticate a copy of the data; and

(ii) to produce a copy of the data, at the time and place stated in the order.

[19/2018; 10/2021]

(4)  If a person is required merely to produce any document, thing, data or copy, the person may comply with that requirement by causing the document, thing, data or copy to be produced instead of bringing it in person.

[19/2018]

(5)  A police officer, or an authorised person, may exercise the powers conferred under this section despite any provision in any other law relating to the production of, or the giving of any access to, any document or thing, or data.

[19/2018]

(6)  The cost incurred by a person in complying with any requirement or written order under this section, or any requirement under any regulations in respect of any matter mentioned in section 428(2)(d), is to be borne by the person.

[19/2018; 14/2019]

(7)  Any person who fails to comply with a written order issued under subsection (1), (1A), (3) or (3A), shall be guilty of an offence and shall be liable on conviction —

(a) in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000;

(b) in any case where the person is an individual, and the written order states that it is issued for the investigation or trial of an arrestable offence — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or

(c) in any other case — to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both.

[19/2018]

(8)  No liability shall lie against a person who, acting in good faith and with reasonable care, does or omits to do anything in complying with any written order issued under subsection (1), (1A), (3) or (3A), or with any requirement under any regulations in respect of any matter mentioned in section 428(2)(d).

[19/2018; 14/2019]

(9)  In this section —

“authorised person” means —

(a) any person who is authorised in writing by the Commissioner of Police for the purposes of this section;

(b) any officer of a prescribed law enforcement agency mentioned in paragraph (a), (b), (c) or (d) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section; or

(c) any other officer of a prescribed law enforcement agency mentioned in paragraph (e) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section;

“customer information” —

(a) in relation to a bank or merchant bank, has the meaning given by section 40A of the Banking Act 1970; and a reference in that section to a bank is a reference to a bank or merchant bank;

(b) in relation to a licensed trust company, means information protected under section 49 of the Trust Companies Act 2005; and

(c) in relation to any other financial institution, means any information relating to, or any particulars of, an account of a customer of the financial institution or funds of a customer under management by the financial institution, but does not include any information that is not referable to any named person or group of named persons;

“prescribed law enforcement agency” means —

(a) the Inland Revenue Authority of Singapore;

(b) the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders;

(c) the Singapore Customs;

(d) the Gambling Regulatory Authority of Singapore; or

(e) any other law enforcement agency prescribed, by order in the Gazette, by the Minister charged with the responsibility for that law enforcement agency;

“specified institution” means a financial institution that is any of the following:

(a) a bank or merchant bank within the meaning of section 2(1) of the Banking Act 1970;

(b) a licensed trust company within the meaning of section 2 of the Trust Companies Act 2005;

“specified law” means —

(a) in relation to an offence investigated by the Inland Revenue Authority of Singapore —

(i) the Goods and Services Tax Act 1993; or

(ii) the Income Tax Act 1947;

(b) in relation to an investigation into an offence conducted by the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders —

(i) the Employment Agencies Act 1958;

(ii) the Employment of Foreign Manpower Act 1990; or

(iii) the Prevention of Human Trafficking Act 2014;

(c) in relation to an offence investigated by the Singapore Customs —

(i) the Chemical Weapons (Prohibition) Act 2000;

(ii) the Customs Act 1960;

(iii) the Free Trade Zones Act 1966;

(iv) the Regulation of Imports and Exports Act 1995;

(v) the Strategic Goods (Control) Act 2002; or

(vi) the United Nations Act 2001; and

(d) in relation to an offence investigated by the Gambling Regulatory Authority of Singapore —

(i) the Casino Control Act 2006; or

(ii) the Gambling Control Act 2022.

[Act 5 of 2024 wef 01/08/2024]

Power to require attendance of witnesses

21.—(1)  In conducting an investigation under this Part, a police officer may issue a written order requiring anyone within the limits of Singapore, who appears to be acquainted with any of the facts and circumstances of the case, to attend before the police officer, and that person must attend as required.

(2)  If that person fails to attend as required, the police officer may report the matter to a Magistrate who may then issue a warrant ordering the person to attend.

Power to examine witnesses

22.—(1)  In conducting an investigation under this Part, a police officer, or a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act 2004 and the lawful directions of the police officer or law enforcement officer he or she assists, may examine orally any person who appears to be acquainted with any of the facts and circumstances of the case —

(a) whether before or after that person or anyone else is charged with an offence in connection with the case; and

(b) whether or not that person is to be called as a witness in any inquiry, trial, or other proceeding under this Code in connection with the case.

[10/2015]

(2)  The person examined is bound to state truly what the person knows of the facts and circumstances of the case, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.

(3)  Subject to subsection (5), a statement made by a person examined under this section must be recorded —

(a) in writing; or

(b) in the form of an audiovisual recording.

[19/2018]

(4)  Where a statement made by a person examined under this section is recorded in writing, the statement must —

(a) be read over to the person;

(b) if the person does not understand English, be interpreted for the person in a language that the person understands; and

(c) be signed by the person.

[19/2018]

(5)  Where, before a person makes a statement under this section, any police officer or forensic specialist examining the person reasonably suspects the person of having committed an offence specified in the Third Schedule, any statement made by the person during the examination must be recorded in the form of an audiovisual recording, unless any of the following applies:

(a) due to an operational exigency, it is not feasible to record the statement in the form of an audiovisual recording;

(b) the equipment designated for recording the statement in the form of an audiovisual recording —

(i) does not work; and

(ii) cannot be repaired or replaced within a reasonable time;

(c) the person requests that the statement be recorded in writing instead of in the form of an audiovisual recording, and the police officer or forensic specialist examining the person reasonably believes that the granting of the request will facilitate the investigation.

[19/2018]

(6)  Despite subsection (5) —

(a) a mere failure to comply with subsection (5) does not render a statement by a person examined under this section inadmissible if the statement is otherwise admissible; and

(b) no inference is to be drawn by the court from a mere failure to comply with that subsection.

[19/2018]

(7)  Except as provided in subsection (5), any police officer or forensic specialist examining a person under this section may decide whether a statement made by the person during the examination is to be recorded —

(a) in writing; or

(b) in the form of an audiovisual recording.

[19/2018]

Cautioned statements

23.—(1)  If, during an investigation, a person (called in this section the accused) is charged with an offence or informed by a police officer or any other person charged with the duty of investigating offences or charging offenders that the accused may be prosecuted for an offence, the accused must be served with and have read to the accused a written notice as follows:

“You have been charged with [or informed that you may be prosecuted for] —

(set out the charge).

Do you want to say anything about the charge that was just read to you? If you keep quiet now about any fact or matter in your defence and you reveal this fact or matter in your defence only at your trial, the judge may be less likely to believe you. This may have a bad effect on your case in court. Therefore it may be better for you to mention such fact or matter now. If you wish to do so, what you say will be written down, read back to you for any mistakes to be corrected and then signed by you.”.

(2)  If an accused, after the notice under subsection (1) is read to him or her —

(a) remains silent; or

(b) says or does anything which intimates the accused’s refusal to give a statement,

the fact of his or her remaining silent or his or her refusal to give a statement or his or her other action must be recorded.

(3)  Subject to subsection (3B), a statement made by an accused in answer to a notice read to the accused under subsection (1) must be recorded —

(a) in writing; or

(b) in the form of an audiovisual recording.

[19/2018]

(3A)  Where a statement made by an accused in answer to a notice read to the accused under subsection (1) is recorded in writing, the statement must —

(a) be read over to the accused;

(b) if the accused does not understand English, be interpreted for the accused in a language that the accused understands; and

(c) be signed by the accused.

[19/2018]

(3B)  Where, before an accused makes a statement in answer to a notice read to the accused under subsection (1), the accused is charged with or informed that the accused may be prosecuted for an offence specified in the Third Schedule, the statement made by the accused must be recorded in the form of an audiovisual recording, unless any of the following applies:

(a) due to an operational exigency, it is not feasible to record the statement in the form of an audiovisual recording;

(b) the equipment designated for recording the statement in the form of an audiovisual recording —

(i) does not work; and

(ii) cannot be repaired or replaced within a reasonable time;

(c) the accused requests that the statement be recorded in writing instead of in the form of an audiovisual recording, and the police officer or person to whom the accused intends to make the statement reasonably believes that the granting of the request will facilitate the investigation.

[19/2018]

(3C)  Despite subsection (3B) —

(a) a mere failure to comply with subsection (3B) does not render a statement made by an accused in answer to a notice read to the accused under subsection (1) inadmissible, if the statement is otherwise admissible; and

(b) no inference is to be drawn by the court from a mere failure to comply with subsection (3B).

[19/2018]

(3D)  Except as provided in subsection (3B), the police officer or person to whom an accused intends to make a statement, in answer to a notice read to the accused under subsection (1), may decide whether the statement is to be recorded —

(a) in writing; or

(b) in the form of an audiovisual recording.

[19/2018]

(3E)  To avoid doubt, nothing in subsection (3) or (3B) prevents or prohibits a police officer or person to whom an accused intends to make a statement in answer to a notice read to the accused under subsection (1) from arranging for the statement to be recorded both —

(a) in writing; and

(b) in the form of an audiovisual recording.

[19/2018]

(4)  No statement made by an accused in answer to a notice read to the accused under subsection (1) is to be construed as a statement caused by any threat, inducement or promise as is described in section 258(3), if it is otherwise voluntary.

(5)  Where a statement made by an accused, in answer to a notice read to the accused under subsection (1), is recorded in writing, a copy of the statement must be given to the accused at the end of the recording.

[19/2018]

(6)  Where a statement made by an accused, in answer to a notice read to the accused under subsection (1), is recorded in the form of an audiovisual recording —

(a) if requested by the defence, arrangements must be made for the accused and the accused’s advocate (if any) to view the audiovisual recording of the statement, as soon as practicable after the audiovisual recording is made, at a police station or at any other prescribed place; and

(b) if a transcript of the audiovisual recording is made, a copy of the transcript must be given to the accused as soon as practicable after the transcript is made.

[19/2018]

Division 2 — Search and seizure

When search warrant may be issued

24.—(1)  A court may issue a search warrant if —

(a) the court has reason to believe that a person who has been or may be issued an order under section 20(1), (1A), (3) or (3A), or a summons under section 235(1), would not produce any document or other thing (including data), or a copy of the document or thing, as required by the order or summons;

(b) it is not known who possesses that document or thing; or

(c) the court considers that a general or specific search or inspection will serve the purposes of justice or of any investigation, inquiry, trial or other proceeding under this Code.

[19/2018]

(2)  Nothing in this section authorises any court other than the General Division of the High Court to grant a warrant to search for any document or other thing (including data), or any copy of the document or thing, in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator.

[19/2018; 40/2019; 10/2021]

Search of house suspected to contain stolen property, forged documents, etc.

25.  If a court, upon information and after such inquiry as it thinks necessary, has reason to believe that any place is used —

(a) for the deposit or sale of stolen property or of property unlawfully obtained or of goods in respect of which an offence has been committed under section 4 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975;

(b) for the deposit or sale or manufacture of any forged document, false seal, counterfeit stamp or coin, or any instrument or material for counterfeiting any coin or stamp or for forging; or

(c) for the concealing, keeping or depositing of any stolen property or property unlawfully obtained, forged document, false seal, counterfeit stamp or coin, or any instrument or material used for counterfeiting any coin or stamp or for forging,

the court may by warrant authorise the person or persons to whom it is issued —

(d) to enter that place with such assistance as may be required;

(e) to search it in the manner, if any, specified in the warrant;

(f) to take possession of any goods, property, document, seal, stamp or coin found in it which any of those persons reasonably suspects to be the subject of an offence committed under section 4 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975 or to be stolen, unlawfully obtained, forged, false or counterfeit, and also of any such instrument and material as aforesaid;

(g) to convey any such goods, property, document, seal, stamp, coin, instrument or material before a Magistrate’s Court, or to guard the same on the spot until the offender is taken before a Magistrate’s Court, or otherwise to dispose thereof in some place of safety; and

(h) to take into custody and produce before a Magistrate’s Court every person found in that place who appears to have been privy to the deposit, sale or manufacture or keeping of any such goods, property, document, seal, stamp, coin, instrument or material knowing or having reasonable cause to suspect —

(i) the goods to have been the subject of an offence committed under section 4 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975;

(ii) the property to have been stolen or otherwise unlawfully obtained;

(iii) the document, seal, stamp or coin to have been forged, falsified or counterfeited; or

(iv) the instrument or material to have been or to be intended to be used for counterfeiting any coin or stamp or for forging.

Form of search warrant

26.—(1)  A search warrant issued by a court under this Code must be in writing bearing the seal of the court, and signed by a Magistrate or District Judge (as the case may be), or in the case of the General Division of the High Court, by a Judge or by the Registrar of the Supreme Court.

[40/2019]

(2)  A search warrant must ordinarily be issued to the Commissioner of Police and to one or more other police officers to be designated by name in the warrant, and all or any of those police officers may execute it.

(3)  The court may in appropriate circumstances issue a search warrant to one or more named persons who are not police officers, and all or any of those persons may execute it.

(4)  The court may, if it thinks fit, specify in a search warrant the particular place or part of it to be searched or inspected, and the person charged with executing the warrant must then search or inspect only the specified place or part thereof.

(5)  A search warrant is subject to such conditions as may be specified by the court and remains in force for the number of days stated in the warrant.

Setting aside search warrant

27.—(1)  A court issuing a search warrant may suspend or cancel the warrant if there are good reasons to do so.

(2)  Where a search warrant is suspended or cancelled, the court must as soon as is reasonably practicable, inform the person or persons to whom the search warrant is issued of the suspension or cancellation.

When search warrant issued to person other than police officer

28.—(1)  The court must specify the following conditions in every search warrant issued under section 26(3):

(a) a list or description of the documents or things, or class of documents or things, that the person executing the search warrant may seize pursuant to the search;

(b) whether section 31(2) applies, and if so, the extent of its application;

(c) the amount of bond that the person executing the warrant must sign to ensure that the warrant is properly executed and the peace is kept.

(2)  The court may, in addition to the conditions in subsection (1), specify in any search warrant issued under section 26(3) such conditions as it deems necessary for the proper execution of the warrant and the prevention of any breach of the peace.

Execution of search warrant

29.—(1)  The person granted a search warrant must conduct the search in accordance with the warrant and with this Code.

(2)  Entry and search under a search warrant must be conducted during such period of time as may be specified in the warrant.

(3)  If the occupier of a place to be entered and searched is present when the person granted the search warrant seeks to execute it, the person granted the warrant must —

(a) identify himself or herself to the occupier and —

(i) if he or she is a police officer, show the occupier documentary evidence that he or she is such a police officer; or

(ii) if he or she is not a police officer, show the occupier his or her original identity card or travel document as proof of his or her identity;

(b) show the occupier the warrant; and

(c) if requested, give the occupier a copy of the warrant.

(4)  If the occupier is not present when the person granted the search warrant seeks to execute it, but some other person who appears to be in charge of the place is present, then subsection (3) applies to that other person as if that other person were the occupier.

(5)  If a search warrant is issued by a court under section 26(3), the person issued the warrant must, after duly executing the warrant, report that fact to the court and submit the list prepared under section 37(1).

Search for person wrongfully confined

30.—(1)  A court may issue a search warrant if there is reason to believe that a person is confined under such circumstances that the confinement amounts to an offence.

(2)  The police officer or person granted the search warrant may search for the confined person in accordance with the terms of the warrant.

(3)  The confined person, if found, must as soon as reasonably practicable, be taken before the court, and the court is to make an order that is appropriate in the circumstances.

(4)  If information is given to a police officer that there is reasonable cause for suspecting that any person is unlawfully confined in a place, and the police officer has reason to believe that a delay in obtaining a search warrant is likely to adversely affect the rescue of the confined person or the arrest of the person responsible for confining the confined person, that police officer may immediately proceed to enter and search the place without a search warrant.

Person in charge of closed place to allow search

31.—(1)  Where a police officer or other person executing any search under this Division demands entry or access to a place liable to search under this Division, the occupier or any person in charge of the place must allow him or her free entry or access and provide all reasonable facilities for a search in it.

(2)  If free entry or access to that place cannot be obtained under subsection (1), it is lawful in any case for the police officer or other person executing the search warrant to break open any outer or inner door or window of any place or to use any other reasonable means in order to gain entry or access into the place.

Search without warrant for stolen property

32.—(1)  If information is given to any police officer of or above the rank of sergeant that there is reasonable cause for suspecting that any stolen property is concealed or lodged in any place and the police officer has good grounds for believing that by reason of the delay in obtaining a search warrant such property is likely to be removed, he or she may search for the property alleged to have been stolen in the place specified without a search warrant.

(2)  A list of all the articles found upon a search conducted under subsection (1) and alleged to have been stolen or missing must be delivered or taken down in writing with a declaration stating that an offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating has been committed and that the informant has good grounds for believing that the property is deposited in that place.

(3)  The person who lost the property or the person’s representative must accompany the officer in the search for that property under subsection (1) unless that person or that person’s representative cannot be found without unreasonable delay.

Summary search

33.—(1)  The Commissioner of Police may authorise any police officer in writing to enter any place in the circumstances mentioned in subsection (2) to search, seize and secure any property which the police officer believes to have been stolen as if the police officer had a search warrant for the property seized.

(2)  The circumstances mentioned in subsection (1) are —

(a) when the place to be searched is, or has in the 12 months preceding the search been, occupied or used by any person who has been convicted of the offence of receiving stolen property or of harbouring thieves; or

(b) when the place to be searched is occupied or used by any person who has been convicted of any offence involving fraud or dishonesty punishable with imprisonment.

(3)  In authorising any police officer under subsection (1), it is not necessary for the Commissioner of Police to specify any particular property if the Commissioner of Police has reason to believe generally that the place to be searched is being made a storage for stolen property.

Search by police officer in arrestable case

34.—(1)  A police officer investigating an arrestable offence may, without a search warrant, search or cause a search to be made for a document or other thing in any place where he or she has reason to believe the document or thing is located if —

(a) the police officer considers the document or thing to be necessary for his or her investigation and if the police officer has reason to believe that —

(i) a person who has been or may be issued with an order under section 20(1) will not or is unlikely to produce the document or thing or give access to it as directed in the order; or

(ii) the document or thing is in the possession or power of a person who is reasonably suspected of having committed the arrestable offence;

[Act 5 of 2024 wef 01/08/2024]

(b) the police officer has reason to believe that the document or thing, which he or she considers to be necessary for his or her investigation, is likely to be removed; or

(c) it is not known who possesses the document or thing which he or she considers to be necessary for his or her investigation.

[Act 5 of 2024 wef 01/08/2024]

Explanation 1.—If a police officer considers that a document connected to the work of a person (who is reasonably suspected of having committed an arrestable offence) is necessary for the police officer’s investigation and the police officer has reason to believe that the document is located in the person’s place of residence, the police officer may search that place if the police officer has reason to believe that the document is in the possession or power of the person.

[Act 5 of 2024 wef 01/08/2024]

Explanation 2.—If a police officer considers that an item is necessary for the police officer’s investigation and the police officer has reason to believe that the item is located in the premises of a person where another person (A) (who is reasonably suspected of having committed an arrestable offence) is at, the police officer may search those premises if the police officer has reason to believe that the item is in the possession or power of A.

[Act 5 of 2024 wef 01/08/2024]

Explanation 3.—If a police officer considers that a document is necessary for the police officer’s investigation and the police officer has reason to believe that the document is located in one or more places of residence and workplaces of a person (who is reasonably suspected of having committed an arrestable offence), the police officer may search all or any of those premises if the police officer has reason to believe that the document is in the possession or power of the person.

[Act 5 of 2024 wef 01/08/2024]

(2)  The police officer in subsection (1) must, if reasonably practicable, conduct the search in person.

(2A)  A reference to a police officer in this section includes a reference to a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act 2004 and the lawful directions of the police officer he or she assists.

[10/2015]

(3)  The provisions of this Code relating to searches pursuant to search warrants apply, with the necessary modifications, to a search made under this section.

(4)  Any person who obstructs the lawful exercise by a police officer of the power under subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a) in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000; or

(b) in any other case — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

[Act 5 of 2024 wef 01/08/2024]

(5)  An offence under subsection (4) is an arrestable offence.

[Act 5 of 2024 wef 01/08/2024]

Powers to seize property in certain circumstances

35.—(1)  A police officer may seize, or prohibit the disposal of or dealing in, any property —

(a) in respect of which an offence is suspected to have been committed;

(b) which is suspected to have been used or intended to be used to commit an offence; or

(c) which is suspected to constitute evidence of an offence.

(2)  If the property liable to be seized under subsection (1) is held or suspected to be held in an account or a safe deposit box in a financial institution, a police officer of or above the rank of inspector may, by written order —

(a) direct the financial institution to deliver the property to any police officer; or

(b) direct the financial institution not to allow any dealings in respect of the property in such account or safe deposit box for such period as may be specified in the order.

(3)  A police officer to whom any property has been delivered under subsection (2)(a) must, as soon as is reasonably practicable, make a report of his or her receipt of the property at a police station.

(4)  A police officer may exercise the powers conferred under this section despite any provision in any other law relating to the seizure of, or the prohibition of any disposal of or dealing in, any property.

(5)  Where any property held in an account in a financial institution is subject to a written order made by a police officer under subsection (2)(b) —

(a) any interest or other earnings on the account, or any other payments, may be credited into the account after the date on which the written order was made; and

(b) any such interest, other earnings or payments are deemed to be subject to that same written order.

(6)  Any financial institution which contravenes an order made under subsection (2)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.

(7)  A court may —

(a) subsequent to an order of a police officer made under subsection (2); and

(b) on the application of any person who is prevented from dealing with property,

order the release of the property or any part of the property.

(8)  The court may only order a release of property under subsection (7) if it is satisfied that —

(a) such release is necessary for the payment of basic expenses, including any payment for foodstuff, rent, the discharge of a mortgage, medicine, medical treatment, taxes, insurance premiums and public utility charges;

(b) such release is necessary exclusively for —

(i) the payment of reasonable professional fees and the reimbursement of any expenses incurred in connection with the provision of legal services; or

(ii) the payment of fees or service charges imposed for the routine holding or maintenance of the property which the person is prevented from dealing in;

(c) such release is necessary for the payment of any extraordinary expenses;

(d) the property is the subject of any judicial, administrative or arbitral lien or judgment, in which case the property may be used to satisfy the lien or judgment, provided that the lien or judgment arose or was entered before the order was made under subsection (2)(b); or

(e) such release is necessary, where the person is a company incorporated in Singapore, for any day‑to‑day operations of the company.

(9)  In this section, property in respect of which an offence is suspected to have been committed and property which is suspected to have been used or intended to be used to commit an offence include —

(a) such property as was originally in the possession or under the control of any person;

(b) any property into or for which the property which was originally in the possession or under the control of any person has been converted or exchanged and anything acquired by such conversion or exchange, whether immediately or otherwise; and

(c) if the property mentioned in paragraph (a) or (b) is money kept in an account in a financial institution, any interest or other earnings on such account or any other payment which is credited into such account after the date —

(i) on which the offence is suspected to have been committed; or

(ii) on which the property is suspected to have been used or intended to be used to commit an offence.

(10)  A reference to a police officer in this section includes a reference to a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act 2004 and the lawful directions of the police officer he or she assists.

[10/2015]

Forfeiture of counterfeit currency or banknote, etc.

36.—(1)  Any police officer of or above the rank of sergeant, upon being satisfied that any person has in the person’s possession —

(a) any counterfeit currency or any die, instrument or material for the purpose of counterfeiting any currency; or

(b) any forged or counterfeit banknote or any machinery, instrument or material used for the forging or counterfeiting of any banknote,

may, without warrant and with or without assistance, enter and search any place where any such currency or banknote or any such die, machinery, instrument or material is kept and seize any such currency, banknote, die, machinery, instrument or material.

[15/2019]

(2)  Anything seized under subsection (1) must, by order of the court before which any person is tried relating to such possession, or where there is no trial, by order of a Magistrate, be forfeited and must be destroyed or otherwise disposed of in such manner as the Minister may direct.

(3)  In this section, “banknote”, “currency”, “die” and “instrument” have the meanings given by the Penal Code 1871.

[15/2019]

List of all things seized to be made and signed

37.—(1)  A police officer or any other person making a search under this Division must prepare and sign a list of all things seized during the search, recording the location where each such thing is found.

(2)  In every case, the occupier or person in charge of the place searched, or a person acting on behalf of the occupier or person in charge, may attend during the search, and must be given a signed copy of the list.

Power of court to impound document or other thing produced

38.  A court may, if it thinks fit, impound any document or other thing taken under this Code and produced before it.

Power to access computer

39.—(1)  Subject to subsection (1A), a police officer or an authorised person investigating an arrestable offence may, at any time —

(a) access, inspect and check the operation in or from Singapore of a computer (whether in Singapore or elsewhere) that the police officer or authorised person has reasonable cause to suspect is or has been used in connection with, or contains or contained evidence relating to, the arrestable offence;

(b) use any such computer in or from Singapore, or cause any such computer to be used in or from Singapore —

(i) to search any data contained in or available to such computer; and

(ii) to make a copy of any such data;

(c) prevent any other person from gaining access to, or using, any such computer (including by changing any username, password or other authentication information required to gain access to the computer); or

(d) order any person —

(i) to stop accessing or using or to not access or use any such computer; or

(ii) to access or use any such computer only under such conditions as the police officer or authorised person may specify.

[19/2018]

[Act 5 of 2024 wef 01/08/2024]

(1A)  Where the data mentioned in subsection (1)(b) is customer information, an authorised person mentioned in subsection (1) must be —

(a) an authorised officer mentioned in paragraph (a) of the definition of “authorised person” in subsection (6); or

(b) an authorised officer mentioned in paragraph (b) of the definition of “authorised person” in subsection (6) who is investigating an offence under a specified law.

[Act 5 of 2024 wef 01/08/2024]

(2)  The police officer or authorised person may also order any of the following persons to provide any assistance mentioned in subsection (2A):

(a) any person whom the police officer or authorised person reasonably suspects of using, or of having used, the computer in connection with the arrestable offence;

(b) any person having charge of, or otherwise concerned with the operation of, the computer;

(c) any person whom the police officer or authorised person reasonably believes has knowledge of or access to any username, password or other authentication information required to gain access to the computer.

[19/2018]

(2A)  For the purposes of subsection (2), the types of assistance are as follows:

(a) assistance to gain access to the computer (including assistance through the provision of any username, password or other authentication information required to gain access to the computer);

(b) assistance to prevent a person (other than the police officer or authorised person) from gaining access to, or using, the computer, including assistance in changing any username, password or other authentication information required to gain access to the computer.

[19/2018]

(2B)  Without limiting subsection (1), where the police officer or authorised person knows that the computer mentioned in that subsection is located outside Singapore, or does not know whether that computer is located in or outside Singapore, the police officer or authorised person —

(a) may exercise the powers under subsection (1) in relation to that computer, or any data contained in or available to that computer, if —

(i) the owner of that computer consents to the exercise of those powers; or

(ii) the police officer or authorised person obtains access to that computer through the exercise of any power of investigation under any written law, such as in any of the following circumstances:

(A) the access is obtained with the assistance mentioned in subsection (2A)(a) provided under subsection (2) by a person having charge of, or otherwise concerned with the operation of, that computer;

(B) the access is obtained through an active connection with, or through any username, password or other authentication information stored in, another computer, which has been seized under section 35 and accessed under subsection (1);

(C) the access is obtained through any username, password or other authentication information contained in any document seized under section 35;

(D) the access is obtained through any username, password or other authentication information provided in any statement made by any person examined under section 22; and

(b) may exercise the powers under subsection (1)(b) in relation to any data contained in or available to that computer, if the owner of that data consents to the exercise of those powers.

[19/2018]

(3)  Any person who obstructs the lawful exercise by a police officer or an authorised person of any power under subsection (1)(a), (b) or (c), or who fails to comply with any order of the police officer or authorised person under subsection (1)(d) or (2), shall be guilty of an offence and shall be liable on conviction —

(a) in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000; or

(b) in any other case — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

[19/2018]

(4)  An offence under subsection (3) is an arrestable offence.

(5)  A person who had acted in good faith under subsection (1) or in compliance with a requirement under subsection (1)(d) or (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act.

[19/2018]

(6)  In this section and section 40 —

“authorised person” means —

(a) a forensic specialist appointed under section 65A of the Police Force Act 2004, or any other person, who is authorised in writing by the Commissioner of Police for the purposes of this section or section 40 or both;

(b) any officer of a prescribed law enforcement agency mentioned in paragraph (a), (b) or (c) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section; or

(c) any other officer of a prescribed law enforcement agency mentioned in paragraph (d) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing, by the head of that law enforcement agency, for the purposes of this section or section 40 or both;

“customer information” —

(a) in relation to a bank or merchant bank, has the meaning given by section 40A of the Banking Act 1970; and a reference in that section to a bank is a reference to a bank or merchant bank; and

(b) in relation to a licensed trust company, means information protected under section 49 of the Trust Companies Act 2005;

“prescribed law enforcement agency” means —

(a) the Inland Revenue Authority of Singapore;

(b) the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders;

(c) the Singapore Customs; or

(d) any other law enforcement agency prescribed, by order in the Gazette, by the Minister charged with the responsibility for that law enforcement agency;

“specified law” means —

(a) in relation to an offence investigated by the Inland Revenue Authority of Singapore —

(i) the Goods and Services Tax Act 1993; or

(ii) the Income Tax Act 1947;

(b) in relation to an investigation of an offence conducted by the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders —

(i) the Employment Agencies Act 1958;

(ii) the Employment of Foreign Manpower Act 1990; or

(iii) the Prevention of Human Trafficking Act 2014; and

(c) in relation to an offence investigated by the Singapore Customs —

(i) the Chemical Weapons (Prohibition) Act 2000;

(ii) the Customs Act 1960;

(iii) the Free Trade Zones Act 1966;

(iv) the Regulation of Imports and Exports Act 1995;

(v) the Strategic Goods (Control) Act 2002; or

(vi) the United Nations Act 2001.

[Act 5 of 2024 wef 01/08/2024]

Power to access decryption information

40.—(1)  For the purposes of investigating an arrestable offence, the Public Prosecutor may by order authorise a police officer or an authorised person to exercise, in addition to the powers under section 39, all or any of the powers under this section.

(2)  The police officer or authorised person mentioned in subsection (1) is entitled to —

(a) access any information, code or technology which has the capability of retransforming or unscrambling encrypted data into readable and comprehensible format or text for the purposes of investigating the arrestable offence;

(b) require —

(i) any person whom the police officer or authorised person reasonably suspects of using a computer in connection with an arrestable offence or of having used it in this way; or

(ii) any person having charge of, or otherwise concerned with the operation of, such computer,

to provide the police officer or authorised person with such reasonable technical and other assistance as he or she may require for the purposes of paragraph (a); and

(c) require any person whom the police officer or authorised person reasonably suspects to be in possession of any decryption information to grant the police officer or authorised person access to such decryption information as may be necessary to decrypt any data required for the purposes of investigating the arrestable offence.

(3)  Any person who obstructs the lawful exercise by a police officer or an authorised person of the powers under subsection (2)(a) or who fails to comply with any requirement of the police officer or authorised person under subsection (2)(b) or (c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.

(4)  Where a person is convicted of an offence under subsection (3) and it is shown that the encrypted data contains evidence relevant to the planning, preparation or commission of a specified serious offence, the person shall, in lieu of the punishment prescribed under subsection (3) —

(a) be liable to be punished with the same punishment prescribed for that specified serious offence, except that the punishment imposed shall not exceed a fine of $50,000 or imprisonment for a term not exceeding 10 years or both; or

(b) be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both where the specified serious offence is punishable on conviction with death or imprisonment for life.

(5)  For the purposes of subsection (4) but subject to subsection (6), “specified serious offence” means an offence under any of the following written laws:

(a) any written law which provides for any offence involving the causing of death or bodily harm;

(b) any written law relating to actions or the threat of actions prejudicial to national security;

(c) any written law relating to radiological or biological weapons;

(d) the Guns, Explosives and Weapons Control Act 2021 or the Arms and Explosives Act 1913^* repealed by that Act;

[Act 3 of 2021 wef 01/07/2025]

[^*Updated to be construed with the 2020 Revised Edition]

(e) the Chemical Weapons (Prohibition) Act 2000;

(f) the Corrosive and Explosive Substances and Offensive Weapons Act 1958;

(g) the Hijacking of Aircraft and Protection of Aircraft and International Airports Act 1978;

(h) the Kidnapping Act 1961;

(i) the Maritime Offences Act 2003;

(j) the Official Secrets Act 1935;

(k) the Infrastructure Protection Act 2017;

(l) the Statutory Bodies and Government Companies (Protection of Secrecy) Act 1983;

(m) the Strategic Goods (Control) Act 2002;

(n) the Terrorism (Suppression of Financing) Act 2002;

(o) the United Nations (Anti-Terrorism Measures) Regulations;

(p) such other written law as the Minister may, by order in the Gazette, specify.

[41/2017]

(6)  An offence is not a specified serious offence for the purposes of subsection (4) unless the maximum punishment prescribed for that offence, whether for a first or subsequent conviction, is —

(a) imprisonment for a term of 5 years or more;

(b) imprisonment for life; or

(c) death.

(7)  In proceedings against any person for an offence under this section, if it is shown that that person was in possession of any decryption information at any time before the time of the request for access to such information, that person is presumed for the purposes of those proceedings to have continued to be in possession of that decryption information at all subsequent times, unless it is shown that the decryption information —

(a) was not in that person’s possession at the time the request was made; and

(b) continued not to be in that person’s possession after the request was made.

(8)  A person who had acted in good faith or in compliance with a requirement under subsection (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act.

(9)  In this section —

“data” means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer;

“decryption information” means information, code or technology or part thereof that enables or facilitates the retransformation or unscrambling of encrypted data from its unreadable and incomprehensible format to its plain text version;

“encrypted data” means data which has been transformed or scrambled from its plain text version to an unreadable or incomprehensible format, regardless of the technique utilised for such transformation or scrambling and irrespective of the medium in which such data occurs or can be found for the purposes of protecting the content of such data;

“plain text version” means the original data before it has been transformed or scrambled to an unreadable or incomprehensible format.

Division 3 — Powers of investigation for offences related to statement recording

Powers of investigation of certain law enforcement officers when recording statements

40A.—(1)  An officer of a prescribed law enforcement agency (other than the Singapore Police Force) who —

(a) is authorised by any written law other than this section to exercise the powers of a police officer under this Code in relation to an investigation into an arrestable offence when investigating an offence under that written law; and

(b) records a statement during such an investigation by making an audiovisual recording,

may investigate any offence under regulations made under section 428(2)(b) committed in relation to that audiovisual recording, and is, by virtue of this section, taken to have the same powers mentioned in paragraph (a), despite anything to the contrary in that other written law.

[14/2019]

(2)  For the purposes of this section and section 40B, the Minister charged with the responsibility for any law enforcement agency may, by order in the Gazette, prescribe the law enforcement agency as a prescribed law enforcement agency.

[14/2019]

Officer deemed to be of certain rank

40B.  For the purpose of section 40A, when an officer of a prescribed law enforcement agency is exercising the powers pursuant to that section when investigating an offence in relation to an audiovisual recording, the officer is deemed to be a police officer not below the rank of inspector of police.

[14/2019]

Division 4 — Powers of investigation for offences related to processes to compel appearance of accused

Powers of investigation of certain law enforcement officers when investigating certain bail or bond offences

40C.—(1)  An officer of a prescribed law enforcement agency may investigate —

(a) an offence under section 103(5) in relation to a person accused of an offence (called in this section the relevant offence) and who is released on bail or on his or her personal bond, if the relevant offence is one which the prescribed law enforcement agency is authorised under any written law (other than this section) to investigate; or

(b) an offence under section 106A(2), if the agreement mentioned in section 106A(1) is made in relation to a bail bond for an offence which the prescribed law enforcement agency is authorised under any written law (other than this section) to investigate.

(2)  When carrying out any investigation under subsection (1), an officer of a prescribed law enforcement agency may exercise all or any of the powers of a police officer under this Code in relation to an investigation into an arrestable case.

(3)  For the purposes of this section, the Minister charged with the responsibility for home affairs may, by order in the Gazette, prescribe a law enforcement agency as a prescribed law enforcement agency.

[Act 5 of 2024 wef 26/05/2025]

Powers of investigation of certain law enforcement officers when investigating offence of leaving Singapore without travel document

40D.—(1)  If —

(a) the head or an authorised director of any relevant law enforcement agency or a person of a similar rank (called in this section the relevant person), or an officer of a relevant law enforcement agency (called in this section the relevant officer), pursuant to section 112(1)(b) or (c), respectively, has required a person whom the relevant person or relevant officer has reasonable grounds for believing has committed an offence to surrender the person’s travel document; and

(b) the person commits an offence under section 112(4B),

the relevant person, the relevant officer, or any other officer from the same relevant law enforcement agency as the relevant person or relevant officer, may investigate the offence under section 112(4B).

(2)  When carrying out any investigation under subsection (1), the relevant person, the relevant officer, or any other officer from the same relevant law enforcement agency as the relevant person or relevant officer may exercise all or any of the powers of a police officer under this Code in relation to an investigation into an arrestable case.

(3)  For the purposes of this section, the Minister charged with the responsibility for home affairs may, by order in the Gazette, prescribe any law enforcement agency as a relevant law enforcement agency.

[Act 5 of 2024 wef 26/05/2025]

Division 5 — Forensic medical examination

Interpretation of this Division

40E.  In this Division —

“accused person” means any person who has been concerned in an offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of the person having been so concerned or involved;

“body sample” includes any of the following:

(a) a sample of blood;

(b) a sample of head hair, including the roots of the head hair;

(c) a sample of a fingernail or toenail or any substance from under a fingernail or toenail;

(d) a sample of urine;

(e) a sample of saliva;

(f) a sample taken from any body part of an individual by way of a swab or other sampling means;

“forensic medical examination” or “FME”, in relation to any individual, means any one or more of the following:

(a) a physical medical examination of the individual;

(b) the taking of a body sample from the individual;

(c) the taking of a photograph of any body part of the individual;

(d) the taking of an impression or cast of a wound from any external body part of the individual;

“forensic specialist” means a person appointed under section 65A of the Police Force Act 2004, or any other person who is authorised in writing by the Commissioner of Police for the purposes of this Division;

“intimate part” means —

(a) an individual’s genital or anal region; or

(b) the breasts of a woman;

“invasive sample” means any body sample that is obtained by means of any invasive procedure and includes a sample of blood;

“medical practitioner” means a medical practitioner registered or exempted from registration under the Medical Registration Act 1997;

“nurse” means a registered nurse or enrolled nurse within the meaning of the Nurses and Midwives Act 1999;

“photograph” includes a digital image and a moving visual record.

[Act 5 of 2024 wef 26/05/2025]

When FME is required

40F.—(1)  Subject to subsection (2) and section 40H, any police officer may require an individual to undergo an FME for the purpose of searching for a thing, or evidence of a thing —

(a) that is relevant to an offence that is reasonably suspected to have been committed; and

(b) the existence or absence of which on or in the body of the individual is or may be relevant to the investigation of the offence.

(2)  If an FME involves an intimate part of an individual, only a police officer of or above the rank of inspector may require the individual to undergo the FME.

[Act 5 of 2024 wef 26/05/2025]

Who may carry out FME and how it is to be carried out

40G.—(1)  For the purposes of this Division, a police officer or a forensic specialist may carry out an FME on an individual, except that the following FME may only be carried out by a medical practitioner or a nurse:

(a) an FME involving a physical medical examination of the individual;

(b) an FME involving the taking of an invasive sample from the individual, other than the taking of a blood sample by way of pricking the individual’s finger.

(2)  Before taking a body sample from an individual, the person taking the body sample, and any other person giving instruction in relation to or overseeing the taking of the body sample, must satisfy himself or herself that it does not endanger the individual.

(3)  If an FME carried out by a police officer or a forensic specialist involves an intimate part of an individual —

(a) the FME must be carried out with such reasonable privacy measures in place as are necessary to prevent the FME from being seen by any person other than —

(i) any person carrying out the FME;

(ii) any person giving instruction in relation to or overseeing the FME; and

(iii) where the individual is an accused person, any officer escorting the individual; and

(b) the FME may only be carried out by a woman if the individual is a woman.

[Act 5 of 2024 wef 26/05/2025]

Consent of alleged victim to undergo FME required in certain circumstances

40H.—(1)  Subject to subsections (2) and (3), a police officer must not, under section 40F, require an alleged victim to undergo an FME unless —

(a) in the case where the alleged victim has reached 16 years of age — the alleged victim consents;

(b) in the case where the alleged victim has not reached 16 years of age but has reached 14 years of age — both the alleged victim and the alleged victim’s parent or guardian consent; and

(c) in the case where the alleged victim has not reached 14 years of age — the alleged victim’s parent or guardian consents.

(2)  Where a police officer acting under section 40F has reasonable grounds to believe that —

(a) the alleged victim mentioned in subsection (1)(a) or (b) is unable to give consent to undergo an FME within a reasonable time due to any physical or mental condition (whether permanent or temporary); and

(b) any delay in carrying out the FME on the alleged victim may result in any loss, degradation or contamination of any evidence that is relevant to the investigation of the offence committed against the alleged victim,

then —

(c) in relation to the alleged victim mentioned in subsection (1)(a) —

(i) the alleged victim’s consent to undergo the FME is not required; but

(ii) the alleged victim’s deputy or donee (as the case may be), if any, must consent to the alleged victim undergoing the FME; and

(d) in relation to the alleged victim mentioned in subsection (1)(b) —

(i) the alleged victim’s consent to undergo the FME is not required; but

(ii) either the alleged victim’s deputy, or if there is no such deputy, the alleged victim’s parent or guardian, must consent to the alleged victim undergoing the FME.

(3)  Despite subsections (1) and (2), the consent of an alleged victim’s parent, guardian, deputy or donee (as the case may be) under those provisions is not required if —

(a) the police officer acting under section 40F has reasonable grounds to believe that any delay in carrying out the FME on the alleged victim may result in any loss, degradation or contamination of any evidence that is relevant to the investigation of the offence committed against the alleged victim; and

(b) any of the following applies:

(i) the consent of the alleged victim’s parent, guardian, deputy or donee (as the case may be) cannot be obtained despite all reasonable efforts;

(ii) the police officer acting under section 40F has reasonable grounds to believe that there is no parent, guardian, deputy or donee (as the case may be) of the alleged victim who can give such consent;

(iii) the parent, guardian, deputy or donee (as the case may be) of the alleged victim who can give such consent —

(A) is being investigated in relation to the offence committed against the alleged victim;

(B) is a person whom the police officer acting under section 40F has reasonable grounds to believe has a motive to conceal the commission of the offence against the alleged victim; or

(C) has abstained from giving consent for the FME to be carried out on the alleged victim.

(4)  In this section —

(a) an alleged victim is unable to give consent where he or she is unable to understand the nature and consequence of the FME that is to be carried out;

(b) “deputy”, in relation to an alleged victim, means a deputy appointed or deemed to be appointed by the court under the Mental Capacity Act 2008 with power in relation to the alleged victim for the purposes of this section; and

(c) “donee”, in relation to an alleged victim, means a donee under a lasting power of attorney registered under the Mental Capacity Act 2008 with power in relation to the alleged victim for the purposes of this section.

[Act 5 of 2024 wef 26/05/2025]

Reasonable force to carry out FME in certain cases

40I.—(1)  Where —

(a) an accused person is required to undergo an FME under this Division which does not involve —

(i) a physical medical examination of the accused person’s intimate parts;

(ii) the taking of an invasive sample from the accused person;

(iii) the taking of a body sample from the accused person’s intimate parts; or

(iv) the taking of a photograph of the accused person’s intimate parts; and

(b) the accused person —

(i) refuses, without reasonable excuse, to undergo such FME; or

(ii) otherwise hinders or obstructs the carrying out of such FME,

an authorised officer may, with such assistance as is required, use such force as is reasonably necessary for the purpose of carrying out such FME.

(2)  In this section, “authorised officer” means —

(a) any police officer or auxiliary police officer;

(b) any forensic specialist; or

(c) any other person authorised by the Commissioner of Police for the purposes of this section.

[Act 5 of 2024 wef 26/05/2025]

Offence for refusal to undergo FME

40J.—(1)  Where an accused person is required to undergo an FME under this Division, the accused person commits an offence if the accused person, without reasonable excuse —

(a) refuses to undergo the FME; or

(b) otherwise hinders or obstructs the carrying out of the FME.

(2)  An accused person commits an offence under subsection (1) regardless of whether the FME which the accused person is required to undergo is carried out by reasonable force under section 40I.

(3)  Any person (other than the accused person) who, without reasonable excuse, hinders or obstructs the carrying out of the FME mentioned in subsection (1), commits an offence.

(4)  Any accused person who is guilty of an offence under subsection (1) or a person who is guilty of an offence under subsection (3) shall be liable on conviction to imprisonment for a term which may extend to 7 years, or to a fine, or to both.

[Act 5 of 2024 wef 26/05/2025]

Inferences against accused person for refusal to undergo FME

40K.—(1)  Where in any criminal proceeding, it is shown that the accused person who is required to undergo an FME under this Division has refused to undergo the FME without reasonable excuse, the court may in determining —

(a) whether to commit the accused person for trial in connection with the crime of which he or she is accused;

(b) whether there is a case to answer against the accused person; or

(c) whether the accused person is guilty of the crime with which he or she has been charged,

draw any inference from the refusal that the court thinks proper.

(2)  The refusal by the accused person to undergo an FME required of him or her may on the basis of the inference mentioned in subsection (1), be treated as, or as capable of amounting to, corroboration of any evidence given against the accused person in relation to which the refusal is material.

[Act 5 of 2024 wef 26/05/2025]

PART 5

PREVENTION OF OFFENCES

Division 1 — Security for keeping peace and for good behaviour

Security for keeping peace on conviction

41.—(1)  When a person is charged with and convicted of —

(a) rioting, assault or any other breach of the peace or abetting any such offence;

(b) an offence under section 143, 144, 145, 153 or 504 of the Penal Code 1871, under section 13A, 13B, 13C or 13D of the Miscellaneous Offences (Public Order and Nuisance) Act 1906 in force before 15 November 2014 or under section 3, 4, 5 or 6 of the Protection from Harassment Act 2014;

(c) assembling armed men or taking other unlawful measures for such purpose; or

(d) committing criminal intimidation by threatening injury to any person or property,

and the court before which that person is convicted believes that that person must execute a bond for keeping the peace, then the court may, at the time of passing sentence on that person, or instead of any sentence, order that person to execute a bond for a sum proportionate to that person’s means, with or without sureties, for keeping the peace for a period not exceeding 2 years.

[17/2014; 5/2015]

(2)  If the conviction is set aside on appeal or otherwise, the bond so executed becomes void.

Security for keeping peace by complainant

42.—(1)  If, during or after a trial, the court considers that a complainant is or has been behaving in such a way that the complainant should be ordered to execute a bond to keep the peace, the court may require the complainant to show cause why the complainant should not be ordered to execute a bond to keep the peace for a period not exceeding 2 years.

(2)  The evidence which the court relies on under subsection (1) must be read to the complainant, but it is not necessary to recall any witness unless the complainant desires to cross‑examine the witness.

(3)  The court may deal with this proceeding either as part of the case out of which it has arisen or as a separate proceeding.

Security for keeping peace generally

43.  If it appears to a court that a person is likely to breach the peace or do a wrongful act that might lead to a breach of the peace, the court may require the person to show cause why the person should not be ordered to execute a bond to keep the peace for a period not exceeding 2 years.

Security for good behaviour from suspected offenders, etc.

44.—(1)  A court may require a person to show cause why the person should not be ordered to execute a bond for his or her good behaviour for a period not exceeding 2 years, if it appears to the court that —

(a) the person is trying to conceal his or her presence and there is reason to believe that he or she is doing so with a view to committing an offence;

(b) the person has no apparent means of supporting himself or herself or is unable to give a satisfactory account of himself or herself; or

(c) the person orally or in writing disseminates or tries to disseminate or in any way helps to disseminate —

(i) any material which forms the subject matter of a charge under section 267C, 298A or 505 of the Penal Code 1871^†; or

[Act 30 of 2021 wef 02/11/2022]

(ii) any matter concerning a Judge or a judicial officer amounting to criminal intimidation or defamation under the Penal Code 1871.

[†Updated to be consistent with the 2020 Revised Edition]

(2)  No proceeding may be taken under subsection (1)(c) except with the consent of the Public Prosecutor.

Security for good behaviour from habitual offenders

45.  A court may require a person to show cause why the person should not be ordered to execute a bond for his or her good behaviour for a period not exceeding 2 years, if it appears to the court that —

(a) the person habitually commits offences;

(b) the person habitually associates with robbers, housebreakers, thieves, prostitutes or people who have no apparent means of subsistence; or

(c) the person is so desperate or dangerous as to pose a risk to the community when at large.

Order to show cause

46.  Where a court acting under section 43, 44 or 45 considers it necessary to require any person to show cause under the section, it must make an order in writing setting out —

(a) the information received on which the court is acting;

(b) the amount of the bond to be executed;

(c) how long the bond will be in force; and

(d) the number of sureties (if any) required.

Procedure in respect of person subject to order

47.—(1)  If the person subject to an order under section 46 is present in court, the order must be read to him or her or, if he or she wishes, explained to him or her.

(2)  If the person subject to the order is not present in court, the court must issue a summons requiring the person to appear or, if he or she is in custody, a warrant instructing the officer in whose custody the person is to bring the person before the court.

(3)  The court may issue a warrant for a person’s arrest if the court is satisfied that, based on a police officer’s report or other information, there is reason to fear a breach of the peace and that this can be prevented only by the person’s immediate arrest.

(4)  A copy of the order under section 46 must accompany every summons or warrant issued under subsection (2) or (3).

(5)  The copy of the order must be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.

Attendance of person required to execute bond

48.  The court may, if it has good reasons, dispense with the personal attendance of a person subject to an order under section 46, and permit the person to appear by an advocate.

Inquiry as to truth of information

49.—(1)  When an order under section 46 has been read or explained under section 47(1) to a person present in court or when a person appears or is brought before the court in compliance with a summons or in execution of a warrant under section 47, the court must then inquire into the truth of the information on which it has acted and will take further evidence as appears necessary.

(2)  The inquiry must follow as closely as practicable the procedure prescribed in this Code for conducting trials, except that no charge need be framed.

(3)  For the purposes of this section, a person’s habitual offending may be proved by evidence of the person’s general reputation or in other ways.

Order to give security

50.—(1)  If after an inquiry under section 49, the court is satisfied that the person subject to the order must execute a bond in order to keep the peace or maintain good behaviour, the court must make such order as is appropriate.

(2)  The bond may be with or without sureties and —

(a) must not be larger than the amount or longer than the period specified in the order made under section 46; and

(b) the amount of the bond must be fixed with due regard to the circumstances of the case and must not be excessive but must be such as to afford the person against whom the order is made a fair chance of complying with it.

(3)  If the court is satisfied that a bond is not necessary, the court must release the person subject to the order.

Division 2 — Proceedings following order to provide security

Start of period for which security is required

51.—(1)  If any person subject to an order under section 41 or 50 is, at the time the order is made, sentenced to or undergoing imprisonment, the period for which the security is required will begin at the end of that sentence.

(2)  In all other cases, the period will begin on the date of the order.

Contents of bond

52.—(1)  The bond to be executed by any person subject to an order under section 41 or 50 (as the case may be) binds the person —

(a) to keep the peace; or

(b) to be of good behaviour.

(2)  In the case of subsection (1)(b), it is a breach of the bond to commit, attempt to commit or abet the commission of an offence punishable with imprisonment.

Power to reject sureties

53.  A court may refuse to accept any particular person offered as surety under this Part.

Imprisonment in default of security

54.—(1)  If a person ordered to give security under section 41 or 50 fails to do so by the date on which the period for the security is to begin, the court may commit the person to prison for a period not exceeding the period for which the security is ordered to be given.

(2)  If the person mentioned in subsection (1) is already in prison, he or she must stay there until the end of the term that the court has determined under subsection (1) or until he or she gives the security as ordered, whichever is the earlier.

Power to release person imprisoned for failing to give security

55.—(1)  When a court decides that a person imprisoned for failing to give security under this Part may be released without danger to the community or to another person, the court may order that person to be released.

(2)  A court other than the General Division of the High Court must not exercise this power except in cases where the imprisonment is under its own order or that of a similar court.

[40/2019]

Discharge of surety

56.—(1)  Any surety for the peaceable conduct or good behaviour of a person may at any time apply to a court to cancel any bond executed under this Part.

(2)  On receiving the application, the court must issue a summons or warrant, as it thinks fit, requiring the person for whom that surety is bound to appear or to be brought before it.

(3)  When that person comes before the court, the court must cancel the bond and order that person to provide adequate security for the remaining term of the bond.

(4)  Every such order referred to in subsection (3) is to be treated as made under section 41 or 50 and in such a case, sections 52 to 55 apply accordingly.

Division 3 — Unlawful assemblies

Who may order unlawful assembly to disperse

57.—(1)  A police officer may command an unlawful assembly or an assembly of 5 or more people likely to cause a disturbance of the public peace to disperse, and the members of the assembly must then disperse.

(2)  Nothing in this Division derogates from the powers conferred on any person under the Public Order Act 2009.

When unlawful assembly may be dispersed by use of civil force

58.—(1)  If any such assembly does not disperse as commanded, or shows a determination not to disperse, any police officer may disperse the assembly by force and, if necessary, arrest and confine the participants, and may require any male civilian to help.

(2)  In this section, “civilian” means any person who is not a regular serviceman, full-time national serviceman or operationally ready national serviceman who has reported for service in the Singapore Armed Forces.

Use of military force

59.  If any such assembly cannot be otherwise dispersed and it is necessary for the public security that it should be dispersed, the Minister or the Commissioner of Police or a Deputy Commissioner of Police may cause it to be dispersed by military force.

Minister or Commissioner of Police or Deputy Commissioner of Police may require any officer in command of troops to disperse unlawful assembly

60.—(1)  When the Minister or the Commissioner of Police or a Deputy Commissioner of Police determines to disperse any such assembly by military force, he or she may require any commissioned or non‑commissioned officer in command of any sailors, soldiers or airmen in the Singapore Armed Forces to disperse the assembly by military force and to arrest and confine the persons forming part of it as the Minister or Commissioner of Police or the Deputy Commissioner of Police directs or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.

[19/2018]

(2)  Every such officer must obey such requisition in such manner as he or she thinks fit, but in so doing he or she must use as little force and do as little injury to person and property as is consistent with dispersing the assembly and arresting and confining those persons.

When commissioned officer may disperse unlawful assembly by military force

61.  When the public security is manifestly endangered by any such assembly and when neither the Minister nor the Commissioner of Police nor a Deputy Commissioner of Police can be communicated with, any commissioned officer in the Singapore Armed Forces may disperse such assembly by military force and may arrest and confine the persons forming part of it as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law, but if while he or she is acting under this section it becomes practicable for him or her to communicate with the Minister, the Commissioner of Police or a Deputy Commissioner of Police, he or she must do so and thereafter obey the instructions of the Minister, the Commissioner of Police or the Deputy Commissioner of Police as to whether he or she is to continue the action or not.

[19/2018]

Protection against prosecution for acts done under this Division

62.  No prosecution against the Minister or any police officer or officer, sailor, soldier or airman in the Singapore Armed Forces for any act purporting to be done under this Division may be instituted in any criminal court except with the sanction of the President, and —

(a) no police officer acting under this Division in good faith;

(b) no commissioned officer acting under section 61 in good faith;

(c) no person doing any act in good faith in compliance with a requisition under section 58 or 60; and

(d) no inferior officer, sailor, soldier or airman or member of the Singapore Armed Forces doing any act in obedience to any order which under naval, military or air force law he or she was bound to obey,

is deemed thereby to have committed an offence.

[19/2018]

Division 4 — Preventive action of police

Prevention of offences and use of lethal force by police

63.—(1)  Any police officer who has reasonable grounds to suspect that any offence may be committed may intervene for the purpose of preventing and must, to the best of his or her ability, use all lawful means to prevent the commission of the offence.

(2)  Without limiting subsection (1), a police officer may act in any manner (including doing anything likely to cause the death of, or grievous hurt to, any person) if the police officer has reasonable grounds to believe that —

(a) the person (whether acting alone or in concert with any other person) is doing or about to do, something which may amount to a terrorist act; and

(b) such act by the police officer is necessary to apprehend the person.

(3)  In this section, “lawful means” includes —

(a) removing a person from any place; and

(b) taking away any thing, which a person has in the person’s possession, that the police officer reasonably suspects is intended to be used in the commission of the offence.

[19/2018]

PART 6

ARREST AND BAIL AND PROCESSES TO COMPEL APPEARANCE

Division 1 — Arrest without warrant

When arrest may be made without warrant

64.—(1)  Any police officer may, without a warrant, arrest any person who —

(a) has been concerned in an arrestable offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of the person having been so concerned or involved;

(b) possesses a housebreaking tool without being able to provide a lawful excuse for having it;

(c) has been proclaimed as an offender under section 88;

(d) possesses anything that may reasonably be suspected to be stolen or fraudulently obtained property, and who may reasonably be suspected of having committed an offence in acquiring it;

(e) obstructs a police officer while the police officer is doing his or her duty, or has escaped or tries to escape from lawful custody;

(f) is reasonably suspected of being a deserter from any force mentioned in section 140B of the Penal Code 1871 or to which Chapter 7 of that Code may be extended;

(g) is trying to conceal his or her presence in circumstances that suggest he or she is doing so with a view to committing an arrestable offence;

(h) has no apparent means of subsistence or who cannot give a satisfactory account of himself or herself;

(i) is known to be a habitual robber, housebreaker or thief, or a habitual receiver of stolen property knowing it to be stolen, or who is known to habitually commit extortion or to habitually put or attempt to put persons in fear of injury in order to commit extortion;

(j) commits or attempts to commit a breach of the peace in the police officer’s presence;

(k) is known to be planning to commit an arrestable offence, if it appears to the police officer that the offence cannot otherwise be prevented;

(l) is subject to police supervision and who has failed to comply with this Code or any other written law; or

(m) has breached any detention order under any written law.

(2)  This section does not affect any other law empowering a police officer to arrest without a warrant.

Arrest on refusal to give name and residence to police officer

65.—(1)  A police officer may arrest any person who is accused of committing, or who commits in the view or presence of the police officer, a non-arrestable offence if, on the demand of the police officer, the person refuses to give his or her name, residential address or unique identification number.

[Act 5 of 2024 wef 31/05/2024]

(2)  A police officer may arrest such a person who gives a residential address outside Singapore, or a name, residential address or unique identification number which the police officer has reason to believe is false.

[Act 5 of 2024 wef 31/05/2024]

(3)  Any person arrested under this section must either —

(a) be brought to a police station as soon as reasonably practicable and may, if required by a police officer of or above the rank of sergeant, be released upon signing a bond with or without surety to appear before a Magistrate; or

(b) subject to subsection (3A), be released without being brought to a police station upon verification of his or her name, residential address and unique identification number.

[Act 5 of 2024 wef 31/05/2024]

(3A)  Where a person is arrested under this section as well as for an arrestable offence, he or she may, instead of being released under subsection (3)(b), be brought to a police station in respect of the arrestable offence after the verification of his or her name, residential address and unique identification number.

[Act 5 of 2024 wef 31/05/2024]

(4)  If the person refuses or is unable to sign the bond as required under subsection (3)(a), the person must, within 24 hours of the arrest (excluding the time necessary for the journey to a Magistrate’s Court), be brought before a Magistrate’s Court.

[Act 5 of 2024 wef 31/05/2024]

(5)  The person who is brought before a Magistrate’s Court under subsection (4) may —

(a) be ordered to be detained in custody until the person can be tried; or

(b) if so required by the Magistrate, be released upon signing a bond, with or without surety, to appear before a Magistrate’s Court.

(6)  In this section, “unique identification number” means —

(a) a person’s identity card number, passport number or the number of any other similar document of identity issued by a government authority as evidence of the person’s nationality or place of residence, and includes a foreign identification number; or

(b) where a person (who is a Singapore citizen or a permanent resident) is a minor who has not yet been issued with an identity card number, the person’s birth certificate number.

[Act 5 of 2024 wef 31/05/2024]

Arrest by private person

66.—(1)  Any private person may arrest any person who, in the private person’s view or presence, commits an arrestable non‑bailable offence, or who has been proclaimed as an offender under section 88.

(2)  The private person must, without unnecessary delay, hand over the arrested person to a police officer.

[Act 5 of 2024 wef 31/05/2024]

(3)  If there is reason to believe that the arrested person is a person mentioned in section 64(1), a police officer must re‑arrest him or her.

(4)  If there is reason to believe that the arrested person has committed a non-arrestable offence and he or she refuses to give his or her name and residential address when required by a police officer, or gives a residential address outside Singapore, or a name or residential address that the police officer has reason to believe is false, the arrested person may be dealt with under section 65.

(5)  If there is no reason to believe that the arrested person has committed any offence, he or she must be released at once.

(6)  A person who commits an offence against any other person (called in this subsection the victim) or the victim’s property may, if —

(a) the person’s name and residential address are unknown;

(b) the person gives a residential address outside Singapore; or

(c) the person gives a name or residential address which the victim or any person who is using the victim’s property in relation to which the offence is committed, or which the employee of either of those persons, or which any person authorised by or acting in aid of either of those persons, has reason to believe is false,

be apprehended by the victim, employee or such person mentioned in paragraph (c).

(7)  The person apprehended under subsection (6) may be detained until he or she can be delivered into the custody of a police officer, and subsections (3), (4) and (5) thereafter apply.

(8)  If any person being lawfully apprehended under subsection (6) assaults or forcibly resists the person by whom he or she is so apprehended, he or she shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

How arrested person to be dealt with

67.  A police officer making an arrest without warrant must, without unnecessary delay and subject to the provisions of this Code on bail or previous release, take or send the person arrested before a Magistrate’s Court.

Person arrested not to be detained more than 48 hours

68.—(1)  Unless the court orders otherwise under section 92(3)(a) or 93(3B)(a), no police officer may detain in custody a person who has been arrested without a warrant for a longer period than under all the circumstances of the case is reasonable.

[19/2018]

(2)  The period must not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.

Division 2 — Arrest with warrant

Warrant to whom directed

69.—(1)  An arrest warrant must ordinarily be directed to the Commissioner of Police or to the head of any law enforcement agency, or any person of a similar rank in a law enforcement agency.

[19/2018]

(2)  An arrest warrant —

(a) if directed to the Commissioner of Police, may be executed by any police officer or any person appointed by the Commissioner of Police; or

(b) if directed to the head of any law enforcement agency, or any person of a similar rank in a law enforcement agency, may be executed by any person appointed by the head or person of a similar rank.

[19/2018]

(3)  The court issuing an arrest warrant may direct it to any person or persons by name or office and such person or persons may execute the warrant.

(4)  When an arrest warrant is directed to more than one person, all or any of them may execute it.

Arrest of person subject to warrant

70.  A person subject to an arrest warrant may be arrested by a person authorised to execute the warrant or by a police officer.

Form of arrest warrant

71.—(1)  An arrest warrant issued by a court under this Code must be in writing bearing the seal of the court and signed by a Magistrate or District Judge (as the case may be), or in the case of the General Division of the High Court, by a Judge or by the Registrar of the Supreme Court.

[40/2019]

(2)  The arrest warrant remains in force until it is executed, or cancelled by a court.

Court may endorse on warrant security to be taken

72.—(1)  A court issuing an arrest warrant may direct by endorsement on the warrant that, if the person subject to the arrest warrant executes a bond with sufficient sureties for the person’s attendance at the next sitting of the court after the day of arrest and at every subsequent sitting until the court directs otherwise, then the person to whom the warrant is directed must take such security and release the person subject to the arrest warrant from custody.

(2)  The endorsement must state —

(a) the number of sureties; and

(b) the amount that the sureties and the person subject to the arrest warrant are respectively bound.

(3)  When security is taken under this section, the person to whom the warrant is directed must, when required, send the bond to the court.

Notification of content of warrant

73.  The police officer or other person executing an arrest warrant must inform the arrested person of the content of the warrant and, if required, show him or her the warrant or a copy of it.

Arrested person to be brought before court without delay

74.  Subject to section 72, the police officer or other person executing an arrest warrant must bring the arrested person to the court before which the police officer or other person is required by law to produce the arrested person without unnecessary delay.

Division 3 — General provisions for arrests with or without warrant

How to arrest

75.—(1)  In making an arrest, the police officer or other person must touch or confine the body of the person to be arrested unless he or she submits to arrest by word or action.

(2)  If the person forcibly resists or tries to evade arrest, the police officer or other person may use all reasonable means necessary to make the arrest.

No unnecessary restraint

76.  The person arrested must not be restrained more than is necessary to prevent his or her escape.

Search of place entered by person sought to be arrested

77.—(1)  If a police officer with authority to arrest or a person acting under an arrest warrant has reason to believe that the person to be arrested is inside any place and demands entry to that place, any person residing in or in charge of the place must allow the police officer or person acting under an arrest warrant free entry and provide all reasonable facilities for a search in it.

(2)  If entry to that place cannot be gained under subsection (1), it is lawful for a police officer with authority to arrest or a person acting under an arrest warrant to enter and search the place.

(3)  In any case in which an arrest warrant may be issued but cannot be obtained without the risk of the person to be arrested escaping, a police officer may enter and search the place.

(4)  After stating his or her authority and purpose and demanding entry to a place, a police officer with authority to arrest or a person acting under an arrest warrant who is unable to obtain entry may, for the purposes of subsection (2) or (3), break open any outer or inner door or window or use any other reasonable means to gain such entry.

Search of person arrested and his or her premises

78.—(1)  Whenever —

(a) a person is arrested by a police officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or

(b) a person is arrested without warrant by a police officer or a private person under a warrant and the person arrested cannot legally be admitted to bail or is unable to furnish bail,

the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom the private person hands over the person arrested, may search the person arrested and place in safe custody all articles other than necessary wearing apparel found upon him or her.

(1A)  Whenever a person is arrested by a police officer or an arrested person is handed over to a police officer under section 66, the police officer may search the person arrested and place in safe custody any article that the person arrested may potentially use to cause harm to himself or herself or to any other person.

[Act 5 of 2024 wef 31/05/2024]

(2)  A police officer investigating an arrestable offence under Part 4 may —

(a) enter any place belonging to or under the control of any person who —

(i) is under arrest in connection with the offence;

(ii) is reasonably believed to be connected with the offence; or

(iii) is reasonably believed to have given shelter to the person under arrest; and

(b) search the place for any evidence of the offence.

Power to seize offensive weapons

79.  Any police officer or person making any arrest under this Code may take from the person arrested any offensive weapons which the arrested person has about his or her person, and must deliver all weapons so taken to a police station.

Search for name and address

80.  A person lawfully in custody who, because of incapacity from intoxication, illness, mental disorder, physical disability or infancy, cannot give a reasonable account of himself or herself may be searched to find out his or her name and address.

Detention and search of persons in place searched

81.—(1)  Where a search for anything is lawfully made in any place in respect of any offence, every person found there may be lawfully detained until the search is completed.

(2)  If the thing sought in a place can be concealed on a person, each person found in the place may be searched for it by or in the presence of a police officer of or above the rank of sergeant.

Mode of freeing persons

82.  A police officer or other person authorised to make an arrest may break open a place to free himself or herself or any other person who, having lawfully gone inside to make an arrest, is detained in it.

Mode of searching women

83.—(1)  Except as provided in subsection (2), whenever it is necessary to cause a woman to be searched, the search must be made by a relevant officer who is a woman.

[19/2018]

(2)  A search of a woman may be made by a relevant officer who is a man, if (and only if) all of the following conditions are satisfied:

(a) the relevant officer reasonably suspects the woman of committing, attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, a terrorist act;

(b) the relevant officer believes in good faith that the terrorist act is imminent;

(c) the relevant officer believes in good faith that the search cannot be made within a reasonable time by a relevant officer who is a woman.

[19/2018]

(3)  Every search mentioned in subsection (1) or (2) must be made with strict regard to decency.

[19/2018]

(4)  In this section, “relevant officer” means a police officer or an officer of the Immigration & Checkpoints Authority.

[19/2018]

Power to pursue and arrest after escape or rescue

84.—(1)  If a person (A) in lawful custody escapes or is rescued —

(a) the person who has lawful custody of A at the time of A’s escape or rescue;

(b) where the person who has lawful custody of A at the time of A’s escape or rescue is from a prescribed law enforcement agency or a specified law enforcement agency — any specified officer of any specified law enforcement agency; or

(c) any police officer,

may immediately pursue and arrest A for the purpose of returning A to the place where A was in lawful custody.

[Act 5 of 2024 wef 01/08/2024]

(2)  Sections 77 and 82 apply to any arrest under subsection (1) even if the person making the arrest is not acting under an arrest warrant and is not a police officer having authority to arrest.

(3)  In this section —

“prescribed law enforcement agency” means a law enforcement agency prescribed for the purposes of subsection (1)(b) by the Minister charged with the responsibility for home affairs;

“specified law enforcement agency” means —

(a) the Central Narcotics Bureau;

(b) the Immigration & Checkpoints Authority; or

(c) the Singapore Prison Service;

“specified officer” means —

(a) in relation to the Central Narcotics Bureau — an officer of the Bureau as defined in section 2 of the Misuse of Drugs Act 1973;

(b) in relation to the Immigration & Checkpoints Authority — an immigration officer as defined in section 2 of the Immigration Act 1959; and

(c) in relation to the Singapore Prison Service — a prison officer as defined in section 2 of the Prisons Act 1933.

[Act 5 of 2024 wef 01/08/2024]

Release of arrested person

85.  A person arrested by a police officer must not be released except on the person’s own bond or on bail, or by a written order of a court or of a police officer of or above the rank of sergeant.

Public assistance in arrests

86.  Every person is bound to help a police officer or any other person authorised to make an arrest reasonably demanding the person’s aid —

(a) in arresting a person whom the police officer or other person is authorised to arrest;

(b) in preventing a breach of the peace or in preventing any person from damaging any public property; or

(c) in suppressing a riot or an affray.

Assisting person other than police officer to execute warrant

87.  If a warrant is granted to a person who is not a police officer, any other person may help in executing the warrant if the person to whom the warrant is granted is near at hand and engaged in executing it.

Division 4 — Proclamation and attachment

Proclamation for person absconding

88.—(1)  If a court has reason to believe, whether after taking evidence or not, that a person against whom a warrant of arrest has been issued has absconded or is hiding so that the warrant cannot be executed, the court may publish a written proclamation requiring the person to appear at a specified place and at a specified time not less than 30 days after the date of publication.

(2)  The proclamation must be published —

(a) in a daily newspaper;

(b) by leaving a copy of it at the person’s last known address;

(c) by affixing a copy of it to any bulletin board in the court house;

(d) by affixing a copy of it to the bulletin board in the office of the Town Council established under section 4 of the Town Councils Act 1988 that is nearest to the person’s last known address; or

(e) by affixing a copy of it to a bulletin board of any community centre or clubhouse established under the People’s Association Act 1960 that is nearest to the person’s last known address.

(3)  A statement by the court issuing the proclamation stating that the proclamation was published on a specified day in a specified manner, or on a specified day at a specified place, is conclusive of that fact.

Attachment of property of person proclaimed

89.—(1)  After issuing a proclamation under section 88, the court may order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person.

(2)  If the property consists of debts or other movable property, the attachment may be made by all or any of the following methods:

(a) by seizure;

(b) by the appointment of a receiver;

(c) by an order in writing prohibiting the delivery of the property to the proclaimed person or any person on the proclaimed person’s behalf.

(3)  If the property to be attached is immovable property, the attachment may be made by all or any of the following methods:

(a) by taking possession;

(b) by the appointment of a receiver;

(c) by an order in writing prohibiting the payment of rent or delivery of any instrument of title to the proclaimed person or any person on the proclaimed person’s behalf.

(4)  The powers, duties and liabilities of a receiver appointed under this section are the same as those of a receiver appointed by the General Division of the High Court under its civil jurisdiction.

[40/2019]

(5)  An attachment of immovable property has no effect until the order of attachment is registered under the Registration of Deeds Act 1988 or the Land Titles Act 1993, as the case may be.

(6)  If the proclaimed person does not appear within the time specified in the proclamation, the attached property is at the disposal of the Government, but it must not be disposed of until the end of a reasonable period set by the court, having regard to the nature of the property.

Application for release of attached property

90.—(1)  Any person, including the person proclaimed, may apply to the court for the release of the property attached under section 89 or for the net proceeds of sale if sold.

(2)  Such an application must be supported by an affidavit stating the reason for the release of the property or the net proceeds of the sale, and served on the Public Prosecutor.

(3)  The court, after hearing the parties, may make such order as it thinks fit, including an order for the applicant to pay the costs of the proceeding and an order for costs to be awarded to an applicant whose property was wrongfully attached.

(4)  An application under this section may not be made more than 3 years from the date of attachment or the sale, whichever is the later.

(5)  Any hearing conducted under this section must follow as closely as practicable the procedure prescribed in this Code for conducting trials.

(6)  Any order for costs to be awarded to an applicant whose property was wrongfully attached is to be paid out of the Consolidated Fund.

Division 5 — Bails and bonds

Interpretation of this Division

91.  In this Division —

“released person” means any person who is released on bail or on his or her personal bond, as the case may be;

“surrender to custody”, in relation to a released person, means to surrender himself or herself into the custody of the court or a police officer (as the case may be) according to the bail or bond conditions at the time and place appointed for him or her to do so.

When person must normally be released on bail or personal bond, or on both

92.—(1)  When any person, except a person accused of a non‑bailable offence —

(a) is arrested or detained without warrant by a police officer, or appears or is brought before a court; and

(b) is prepared to give bail at any time while in the police officer’s custody or at any stage of the proceedings before the court,

the person must be released on bail by a police officer in cases determined by the Commissioner of Police or by that court.

[19/2018]

(2)  Despite subsection (1) —

(a) the police officer or the court may, instead of taking bail from the person, release the person if the person signs a personal bond without sureties; and

(b) the court may, instead of releasing the person on bail, release the person on bail and on personal bond by requiring the person to sign a personal bond without sureties, in addition to taking bail from the person.

[19/2018]

(3)  Despite subsections (1) and (2), where the person is accused of an offence that is not a fine-only offence, and a court believes, on any ground prescribed in the Criminal Procedure Rules, that the person, if released, will not surrender to custody, be available for investigations or attend court, the court may order as follows:

(a) if the person is arrested or detained without warrant by a police officer — order the police officer not to release the person on bail or on personal bond;

(b) if the person appears or is brought before the court — refuse to release the person, whether on bail, on personal bond, or on bail and on personal bond.

[19/2018]

(4)  Where —

(a) a State Court orders the release of a person under this section on bail, on personal bond, or on bail and on personal bond; and

(b) the prosecution applies to the State Court to stay execution on the order pending a review of the order by the General Division of the High Court,

the State Court may stay execution on the order pending a review of the order.

[19/2018; 40/2019]

When person accused of non-bailable offence may be released on bail or personal bond

93.—(1)  Subject to section 95(1), if any person accused of any non‑bailable offence is arrested or detained without warrant by a police officer, or appears or is brought before a court, the person may be released on bail by a police officer of or above the rank of sergeant or by the court.

(1A)  Despite subsection (1), the court may at any stage of the proceedings, instead of releasing the accused on bail, release the accused on his or her own personal bond if —

(a) the non-bailable offence for which the accused is being released on personal bond is an offence punishable with imprisonment for not more than 7 years; and

(b) the prosecution consents to the release of the accused on personal bond.

[Act 5 of 2024 wef 01/08/2024]

(1B)  The prosecution may at any stage of the proceedings indicate to the court that it is withdrawing the consent mentioned in subsection (1A)(b), and where the consent is so withdrawn, the court must —

(a) revoke the order for release on personal bond mentioned in subsection (1A); and

(b) consider whether to release the accused on bail.

[Act 5 of 2024 wef 01/08/2024]

(1C)  Despite subsection (1), a police officer of or above the rank of sergeant may, instead of releasing the accused on bail, release the accused on his or her own personal bond if the non‑bailable offence for which the accused is being released on personal bond is an offence punishable with imprisonment for not more than 7 years.

[Act 5 of 2024 wef 01/08/2024]

(1D)  To avoid doubt, subsections (1A) and (1C) do not apply where the non‑bailable offence mentioned in those subsections is an offence punishable with imprisonment for more than 7 years due to the application of an enhanced penalty provision under any written law.

[Act 5 of 2024 wef 01/08/2024]

Illustration

A is charged under section 324 read with section 74A of the Penal Code 1871 for voluntarily causing hurt by dangerous weapons or means to a vulnerable person. As the maximum penalty for an offence under section 324 read with section 74A of the Penal Code 1871 is 14 years’ imprisonment, A is not eligible to be released on his or her own personal bond under this section.

[Act 5 of 2024 wef 01/08/2024]

(2)  Subject to section 95(1), if, at any stage of an investigation, inquiry, trial or other proceeding under this Code, there are no reasonable grounds for believing that the accused has committed a non‑bailable offence, the police officer or court must release the accused.

(3)  Despite subsection (2), if there are grounds for further investigations as to whether the accused has committed some other bailable offence, then, pending the investigations, the accused must be released on bail or, at the discretion of the police officer or court, on his or her own personal bond.

(3A)  Despite subsections (2) and (3), the court may, instead of releasing the accused on bail or on the accused’s own personal bond, release the accused on bail and on personal bond by requiring the accused to sign a personal bond without sureties, in addition to taking bail from the accused.

[19/2018]

(3B)  Despite subsections (2), (3) and (3A), where there are grounds for further investigations as to whether the accused has committed a bailable offence that is not a fine‑only offence, and a court believes, on any ground prescribed in the Criminal Procedure Rules, that the accused, if released, will not surrender to custody, be available for investigations or attend court, the court may —

(a) order the police officer not to release the accused on bail or on personal bond; or

(b) refuse to release the accused, whether on bail, on personal bond, or on bail and on personal bond.

[19/2018]

(3C)  Where —

(a) a State Court orders the release on bail, on personal bond, or on bail and on personal bond, of a person accused of a non‑bailable offence; and

(b) the prosecution applies to the State Court to stay execution on the order pending a review of the order by the General Division of the High Court,

the State Court must stay execution on the order pending a review of the order.

[19/2018; 40/2019]

(4)  A police officer or a court releasing any person under this section must record in writing the reasons for so doing.

(5)  Any court may at any subsequent stage of any proceeding under this Code cause any person who has been released under this section to be arrested and may commit the person to prison.

[Act 5 of 2024 wef 01/08/2024]

Conditions of bail or personal bond

94.—(1)  All of the following conditions are imposed when a police officer or the court grants bail or releases the accused on personal bond under section 92 or 93, unless the police officer or the court (as the case may be) specifies otherwise:

(a) the accused must surrender the accused’s travel document;

(b) the accused must surrender to custody, be available for investigations, or attend court, on the day and at the time and place appointed for the accused to do so, as the case may be;

(c) the accused must not commit any offence while released on bail or on personal bond;

(d) the accused must not interfere with any witness or otherwise obstruct the course of justice, whether in relation to the accused or in relation to any other person;

(e) in the case of bail — any person offered as surety for an accused in a criminal matter must not be a co‑accused in the same matter.

[19/2018]

(1A)  Despite subsection (1), where the court releases an accused on his or her own personal bond under section 93(1A), the court must impose any condition (whether or not mentioned in subsection (1)) specified by the prosecution for the accused to be released on personal bond.

[Act 5 of 2024 wef 01/08/2024]

(2)  A police officer or the court may impose such other conditions as are necessary when granting bail or releasing the accused on personal bond under section 92 or 93.

[19/2018]

(3)  The conditions that may be imposed in relation to an accused under subsection (2) include a requirement for the electronic monitoring of the accused’s whereabouts.

[19/2018]

(4)  However, if the prosecution applies to a police officer or the court to impose under subsection (2) the requirement under subsection (3), the police officer or court must do so.

[19/2018]

Exceptions to bail or release on personal bond

95.—(1)  An accused must not be released on bail or on personal bond if —

(a) the accused is charged for an offence punishable with death or imprisonment for life;

(b) the accused is accused of any non-bailable offence, and the court believes, on any ground prescribed in the Criminal Procedure Rules, that the accused, if released, will not surrender to custody, be available for investigations or attend court; or

(c) the accused has been arrested or taken into custody under a warrant issued under section 12 or 34 of the Extradition Act 1968 or endorsed under section 33 of that Act.

[19/2018]

(2)  Despite subsection (1), the court may —

(a) direct that any juvenile or any sick or infirm person accused of such an offence be released on bail;

(b) release on bail an accused charged with an offence mentioned in subsection (1)(a), if —

(i) the offence is also punishable with an alternative punishment other than death or life imprisonment; and

(ii) the offence is to be tried before a District Court or a Magistrate’s Court; or

(c) release on bail an accused who has been arrested or taken into custody under a warrant mentioned in subsection (1)(c), if the conditions prescribed in the Criminal Procedure Rules for such release are satisfied.

[19/2018]

(3)  In this section, “accused” includes a “fugitive” as defined in the Extradition Act 1968.

Amount of bond

96.  The amount of every bond executed under this Division must be fixed with due regard to the circumstances of the case as being sufficient to secure the attendance of the person arrested or charged.

Powers of General Division of High Court regarding bail

97.—(1)  Subject to section 95(1) and subsection (2), at any stage of any proceeding under this Code, the General Division of the High Court may —

(a) release any accused before the General Division of the High Court on bail, on personal bond, or on bail and on personal bond;

(b) vary the amount or conditions of the bail or personal bond required by a police officer or a State Court, or impose such other conditions for the bail or personal bond as the General Division of the High Court thinks fit;

(c) where a State Court orders the release of a person on bail, on personal bond, or on bail and on personal bond, stay execution on the order pending a review of the order by the General Division of the High Court; or

(d) direct that any person who has been released on bail, on personal bond, or on bail and on personal bond, under this Division be arrested, and commit that person to custody.

[19/2018; 40/2019]

(2)  Where —

(a) a State Court orders the release on bail, on personal bond, or on bail and on personal bond, of a person accused of a non‑bailable offence; and

(b) the prosecution applies to the General Division of the High Court to stay execution on the order pending a review of the order by the General Division of the High Court,

the General Division of the High Court must stay execution on the order pending a review of the order.

[19/2018; 40/2019]

Application for bail or release on personal bond in General Division of High Court

98.—(1)  An application to the General Division of the High Court for bail or release on personal bond must, unless otherwise ordered, be supported by an affidavit stating sufficient facts to enable the court to determine whether or not such bail or release should be granted.

[40/2019]

(2)  If the court orders that the accused or prisoner be granted bail or released on personal bond, the order must be drawn up with a direction that a warrant be issued to bring the accused or the prisoner before the court for the purpose of being bailed or released.

Bond to be executed

99.—(1)  Before any person is released on his or her personal bond under this Division, a bond for such sum of money as the police officer or court thinks sufficient must be executed by the person.

(2)  When a person is released on bail, the bond must be executed by one or more sufficient sureties, on condition that the released person attends on the date and at the time and place mentioned in the bond, and must continue to attend until otherwise directed by the police officer or court, as the case may be.

(3)  The bond may also bind the released person to appear when called on at any court to answer the charge.

(4)  The bond is subject to the further condition that as long as it remains in force, the released person must not leave Singapore without the permission of the police officer or the court.

(5)  Such permission, if granted, must be evidenced by an endorsement on the bond specifying for how long and the place to which the permission applies.

(6)  Such permission may be granted only on the personal application of the released person in the presence of his or her surety or sureties, if any.

Person to be released

100.—(1)  As soon as the bond has been executed, the person for whose appearance it has been executed must be released.

(2)  If the person is in prison, the court must issue an order of release to the officer in charge of the prison, and the officer must release him or her on receiving the order.

(3)  A person must not be released under this section or section 92 or 93 if the person is liable to be detained for a different matter than that for which the bond is executed.

Released person to give address for service

101.—(1)  A released person must give the court or officer releasing him or her an address where he or she can be served with any notice or process.

(2)  If the released person cannot be found or the notice or process cannot be served on him or her for any other reason, any notice or process left for him or her at the address given is treated as duly served on him or her.

Withdrawal, change of conditions, etc., of bail

102.—(1)  If a court has granted bail to a released person and it is shown that —

(a) there has been a material change of circumstances; or

(b) new facts have since come to light,

the court may vary the conditions of the bail or personal bond, or impose further conditions for the bail or the personal bond, or cause the released person to be arrested and may commit him or her to custody.

(2)  If, through mistake, fraud or otherwise, insufficient sureties have been accepted or if they afterwards become insufficient, a court may issue an arrest warrant directing that the released person be brought before it and may order him or her to provide sufficient sureties.

(3)  If the released person fails to provide sufficient sureties, the court may commit him or her to custody.

Absconding or breaking conditions of bail or personal bond, etc.

103.—(1)  If a released person under a duty to surrender to custody, or to make himself or herself available for investigations or to attend court, does not do so, he or she may be arrested without a warrant.

[19/2018]

(2)  If a released person leaves the court at any time after he or she has surrendered into its custody or after he or she has attended court on the day and at the time appointed for him or her to do so, and before the court is ready to begin or to resume the hearing of the proceedings, the court may issue a warrant for his or her arrest.

(3)  A released person under a duty to surrender to custody, or to make himself or herself available for investigations or to attend court on the day and at the time and place appointed for him or her to do so, may be arrested without a warrant if —

(a) there are reasonable grounds for believing that he or she is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court;

(b) there are reasonable grounds for believing that he or she is likely to break or has broken any of the conditions of his or her bail or personal bond; or

(c) any of his or her sureties informs the police or court that the person is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court and that the surety therefore wishes to be relieved of his or her obligations as a surety.

(4)  When such a person is brought before the court pursuant to an arrest under this section and the court thinks that the person —

(a) is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court; or

(b) has broken or is likely to break any conditions of his or her bail or personal bond,

the court may remand the person in custody or grant him or her bail subject to such conditions as it thinks fit.

(5)  A released person shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both, if the released person knowingly, and without reasonable excuse, fails to comply with any duty imposed on the released person —

(a) to surrender to custody;

(b) to be available for investigations; or

(c) to attend court on the day and at the time and place appointed for the released person to do so.

[19/2018]

(6)  For the purposes of subsection (5), a released person is presumed, until the contrary is proved, to have no reasonable excuse if —

(a) on or before the date of the failure to comply with the duty, the released person left Singapore without the permission of a police officer or the court (as the case may be) and has not returned to Singapore; or

(b) on the date of the failure to comply with the duty, the released person, being outside Singapore, remains outside Singapore without the permission of the police officer or the court, as the case may be.

[19/2018]

Duties of surety

104.  A surety must —

(a) ensure that the released person surrenders to custody, or makes himself or herself available for investigations or attends court on the day and at the time and place appointed for him or her to do so;

(b) keep in daily communication with the released person and lodge a police report within 24 hours of losing contact with him or her; and

(c) ensure that the released person is within Singapore unless the released person has been permitted by the police officer mentioned in section 92 or 93 (as the case may be) or the court to leave Singapore.

Surety may apply to have bond discharged

105.—(1)  A surety may at any time apply to the court to discharge the bond as far as it relates to him or her.

(2)  On receiving such an application, the court may issue an arrest warrant directing that the released person be produced before it.

(3)  When the released person appears in court under the warrant or voluntarily, the court must direct that the bond be discharged wholly or so far as it relates to the applicant and must call on the released person to provide other sufficient sureties.

(4)  A surety may arrest the person for whom he or she stood surety and immediately bring the person before a court, and the court must then discharge the surety’s bond and call on the released person to provide other sufficient sureties.

(5)  If a released person fails to provide other sufficient sureties when called on to do so under subsection (3) or (4), the court must commit him or her to custody.

Security instead of surety

106.  When a court or police officer requires a person to sign a bond with one or more sureties, the court or officer may (except in the case of a bond for good behaviour) instead permit the person to enter into his or her own personal bond and provide security acceptable to the court or officer.

Prohibition against agreements to indemnify surety, etc.

106A.—(1)  Any agreement (whether made before, on or after 31 October 2018) indemnifying or purporting to indemnify any person against any liability which that person may incur as a surety to a bail bond is void.

[19/2018]

(2)  Any person who, on or after 31 October 2018, knowingly enters into an agreement mentioned in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both.

[19/2018]

(3)  An offence under subsection (2) is committed —

(a) whether the agreement is entered into before or after the person to be indemnified becomes a surety;

(b) whether or not the person to be indemnified becomes a surety; and

(c) whether the agreement contemplates compensation in money or money’s worth.

[19/2018]

Procedure for forfeiture of bond without sureties

107.—(1)  This section provides for the forfeiture of the following bonds:

(a) a personal bond without sureties;

(b) a bond without sureties to keep the peace;

(c) a bond without sureties for good behaviour.

[14/2019]

(2)  If it is proved to a court’s satisfaction that —

(a) the released person bound by a bond mentioned in subsection (1)(a) has, without reasonable excuse, failed to comply with any duty imposed on the released person to surrender to custody, to be available for investigations, or to attend court on the day and at the time and place appointed for the released person to do so;

(b) the person bound by a bond mentioned in subsection (1)(b) has, without reasonable excuse, failed to keep the peace; or

(c) the person bound by a bond mentioned in subsection (1)(c) has failed to be of good behaviour,

the court —

(d) must record the basis of such proof;

(e) must forfeit the bond;

(f) may summon before the court that relevant person;

(g) may call upon that relevant person to pay a sum, being the whole or any part of the amount of the bond, or to explain why that sum should not be paid; and

(h) may order that the sum mentioned in paragraph (g) be paid by instalments.

[14/2019]

(3)  If the explanation mentioned in subsection (2)(g) is inadequate, and the sum mentioned in subsection (2)(g) is not paid in full, the court may recover the amount unpaid by issuing an order for the attachment of any property, movable or immovable, belonging to the relevant person.

[14/2019]

(4)  The attachment of any property under subsection (3) may be carried out —

(a) by seizure of such property, which may be sold and the proceeds applied towards the payment of the amount; or

(b) by appointing a receiver, who may take possession of and sell such property, and apply the proceeds towards the payment of the amount.

[14/2019]

(5)  If immovable property attached under subsection (3) is sold, the officer under whose direction the attachment and sale was carried out may do any thing or act to transfer the title to the purchaser.

[14/2019]

(6)  If the sum mentioned in subsection (2)(g) is not paid in full or cannot be fully recovered by such attachment and sale, the court may commit to prison the relevant person for a term not exceeding 12 months.

[14/2019]

(7)  Any person may, not later than 7 days after the date any property is seized under subsection (4)(a) or taken possession of by the receiver under subsection (4)(b) (as the case may be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (3), and the court may make such order as it sees fit.

[14/2019]

(8)  Any unsatisfied part of the sum mentioned in subsection (2)(g) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such.

[14/2019]

(9)  The court may, on the application of a relevant person at any time after the relevant person is called upon to pay the sum mentioned in subsection (2)(g), reduce that sum and enforce part‑payment only.

[14/2019]

(10)  In this section, “relevant person” means —

(a) the released person bound by a bond mentioned in subsection (1)(a);

(b) the person bound by a bond mentioned in subsection (1)(b); or

(c) the person bound by a bond mentioned in subsection (1)(c).

[14/2019]

Procedure for forfeiture of bond with sureties

107A.—(1)  This section provides for the forfeiture of the following bonds:

(a) a bond with one or more sureties;

(b) a bond with sureties to keep the peace;

(c) a bond with sureties for good behaviour.

[14/2019]

(2)  If it is proved to a court’s satisfaction that —

(a) the released person for whose appearance a bond mentioned in subsection (1)(a) was executed has, without reasonable excuse, failed to comply with any duty imposed on the released person to surrender to custody, to be available for investigations, or to attend court on the day and at the time and place appointed for the released person to do so;

(b) the person bound by a bond mentioned in subsection (1)(b) has, without reasonable excuse, failed to keep the peace; or

(c) the person bound by a bond mentioned in subsection (1)(c) has failed to be of good behaviour,

the court —

(d) must record the basis of such proof;

(e) must forfeit the bond, as far as it relates to the relevant person;

(f) may summon before the court each person bound by the bond;

(g) may call upon each surety bound by the bond to explain why the bond, as far as it relates to that surety, should not be forfeited; and

(h) may call upon the relevant person to pay a sum, being the whole or any part of the amount of the bond, or to explain why the relevant person should not pay that sum.

[14/2019]

(3)  If the explanation given by a surety is inadequate, and it is proved to the court’s satisfaction that —

(a) in relation to a bond mentioned in subsection (1)(a), the surety is in breach of any of the surety’s duties mentioned in section 104;

(b) in relation to a bond mentioned in subsection (1)(b), the surety has, without reasonable excuse, failed to ensure that the relevant person keeps the peace; or

(c) in relation to a bond mentioned in subsection (1)(c), the surety has, without reasonable excuse, failed to ensure that the relevant person is of good behaviour,

the court —

(d) must record the basis of such proof; and

(e) may, having regard to all the circumstances of the case —

(i) forfeit the whole or any part of the amount of the bond, as far as it relates to the surety; and

(ii) order the surety to pay the amount forfeited.

[14/2019]

(4)  The court may order that any sum or amount mentioned in subsection (2)(h) or (3)(e) be paid by instalments.

[14/2019]

(5)  If the court calls upon the relevant person to pay the sum mentioned in subsection (2)(h), or to explain why the relevant person should not pay that sum, section 107(3) to (9) applies to the relevant person as it applies to a relevant person as defined in section 107(10).

[14/2019]

(6)  If any amount forfeited under subsection (3)(e) is not paid in full, the court may recover the amount unpaid by issuing an order for the attachment of any property, movable or immovable, belonging to the surety.

[14/2019]

(7)  The attachment of any property under subsection (6) may be carried out —

(a) by seizure of the property, which may be sold and the proceeds applied towards the payment of the amount forfeited; or

(b) by appointing a receiver, who may take possession of and sell the property, and apply the proceeds towards the payment of the amount forfeited.

[14/2019]

(8)  If immovable property attached under subsection (6) is sold, the officer under whose direction the attachment and sale was carried out may do any thing or act to transfer the title to the purchaser.

[14/2019]

(9)  If the amount forfeited under subsection (3)(e) is not paid in full or cannot be fully recovered by such attachment and sale, the court may commit to prison the surety for a term not exceeding 12 months.

[14/2019]

(10)  Any person may, not later than 7 days after the date any property is seized under subsection (7)(a) or taken possession of by the receiver under subsection (7)(b) (as the case may be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (6), and the court may make such order as it sees fit.

[14/2019]

(11)  Any unsatisfied part of the amount forfeited under subsection (3)(e) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such.

[14/2019]

(12)  The court may, on the application of a surety at any time after the surety is ordered to pay the amount forfeited under subsection (3)(e), reduce that amount and enforce part‑payment only.

[14/2019]

(13)  In this section, “relevant person” means —

(a) the released person for whose appearance a bond mentioned in subsection (1)(a) is executed;

(b) the person bound by a bond mentioned in subsection (1)(b); or

(c) the person bound by a bond mentioned in subsection (1)(c).

[14/2019]

Appeal from orders

108.  Every order made under section 107 or 107A by any Magistrate’s Court or District Court is appealable.

[19/2018]

Power to direct levy of amount due on bond

109.  The General Division of the High Court or a District Court may direct any Magistrate’s Court to exercise the court’s power of forfeiture under section 107 or 107A in respect of a bond to appear before the General Division of the High Court or District Court.

[19/2018; 40/2019]

Division 6 — Notice to attend court and bonds to appear in court

Notice to attend court

110.—(1)  Where a police officer of or above the rank of inspector has reasonable grounds for believing that a person has committed an offence, the police officer may immediately serve upon the person a prescribed notice, requiring that person to attend at the court described, and at the time and on the date specified in the notice.

(2)  A duplicate of the notice must be prepared by the police officer issuing the notice and, if so required by a court, produced to the court.

(3)  The notice may be served on the person alleged to have committed the offence in the same manner as the service of a summons under section 116.

Bond for appearance of complainant and witnesses

111.—(1)  If, during or after an investigation under Part 4, a police officer is of the opinion that there is sufficient evidence to justify starting or continuing criminal proceedings for an arrestable offence against a person, the police officer may require any complainant and any or all other persons who may be familiar with the case, to execute a bond to appear before a court and give evidence in the case against the accused.

(2)  After the bond has been executed, the police officer must send it to the court.

(3)  If the complainant or other person refuses to execute the bond, the police officer must report the matter to the court, and the court may then issue a warrant or summons to secure the attendance of the complainant or person before itself to give evidence in the case against the accused.

Division 7 — Surrender of travel document and requirement to remain in Singapore

Surrender of travel document

112.—(1)  Despite any other written law —

(a) a police officer of or above the rank of sergeant, with the written consent of an authorised officer;

(b) the head or an authorised director of any other law enforcement agency or a person of a similar rank; or

(c) any officer of a prescribed law enforcement agency, with the written consent of the head or an authorised director of that law enforcement agency or a person of a similar rank,

may require a person whom he or she has reasonable grounds for believing has committed any offence to surrender the person’s travel document.

[19/2018]

(2)  Any person who fails to surrender his or her travel document as required under subsection (1) may be arrested and taken before a Magistrate.

(3)  If the person arrested and taken before the Magistrate under subsection (2) is unable to show good reasons for not surrendering his or her travel document, the Magistrate may commit him or her to prison until he or she surrenders his or her travel document.

(4)  For the purposes of subsection (3), a certificate signed by an authorised officer, or the head or an authorised director of any law enforcement agency or a person of a similar rank, or the head or an authorised director of any prescribed law enforcement agency or a person of a similar rank (as the case may be) to the effect that the prisoner has complied with the requirements to surrender his or her travel document is sufficient warrant for the Commissioner of Prisons to release the prisoner.

[1/2014; 19/2018]

(4A)  Any person who has surrendered that person’s travel document under this section must not leave, or attempt to leave, Singapore unless —

(a) that person has applied under section 113 for the return of that travel document; and

(b) that travel document is returned to that person.

[19/2018]

(4B)  Any person who knowingly contravenes subsection (4A) shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both.

[19/2018]

(5)  In this section and section 113 —

“authorised director”, in relation to a law enforcement agency, means a director of that law enforcement agency who is authorised to perform the duties, and exercise the powers, under this section and section 113 of the head of that law enforcement agency;

“authorised officer” means a police officer of or above the rank of Deputy Superintendent of Police who is authorised by the Commissioner of Police to give a written consent mentioned in subsection (1)(a);

“prescribed law enforcement agency” means a law enforcement agency prescribed for the purposes of subsection (1)(c) by the Minister charged with the responsibility for that law enforcement agency.

[19/2018]

Return of travel document

113.—(1)  A person who has surrendered his or her travel document under section 112 may apply to the authorised officer, or the head or an authorised director of the law enforcement agency or a person of similar rank, or the head or an authorised director of the prescribed law enforcement agency or a person of a similar rank (as the case may be) for the return of the travel document.

[19/2018]

(2)  Where an application under subsection (1) has been refused, the person may apply to a District Judge for the return of his or her travel document, stating the reasons for the application.

(3)  The District Judge may —

(a) grant the application subject to such conditions as to the further surrender of the travel document and the provision of security for the appearance of the applicant at such time and place in Singapore as the District Judge may determine; or

(b) refuse the application.

(4)  If the applicant fails to comply with any condition of the return of the travel document, any security provided for the return may be forfeited by a Magistrate and the applicant may be arrested and dealt with in the same way that a person who fails to comply with the requirement under section 112(1) may be arrested and dealt with under section 112(2) and (3).

Where person acquainted with facts of investigation intends to leave Singapore

114.—(1)  Where a court is satisfied that any person who is acquainted with the subject matter of any investigation carried out under this Code intends to leave Singapore, the court may, having due regard to the circumstances of the person and on the application of the Public Prosecutor, by order require the person to remain in Singapore for such period as the court considers reasonable to facilitate the investigation.

(2)  The court may order due provision to be made for the maintenance of such person and for compensating him or her for his or her loss of time.

Division 8 — Summons to appear in court

Form and validity of summons, etc.

115.—(1)  A summons to appear issued by a court under this Code must be in writing, bearing the seal of the court and signed by a Magistrate or District Judge (as the case may be), or in the case of the General Division of the High Court, by a Judge or by the Registrar of the Supreme Court.

[40/2019]

(2)  The summons remains in force until cancelled by the court or until the person summoned is discharged from it by a court.

(3)  The summons may be served by a police officer or by an officer of the court or any other person directed by the court.

(4)  If the summons is in connection with an offence under any written law enforceable by a public body, the summons may be served by an officer of that public body.

(5)  When a summons cannot be served soon enough to give reasonable notice to the person summoned to appear before the court on the date stated in the summons, the court may in writing substitute some other later date.

Service of summons

116.—(1)  A summons issued against a person must, as far as is reasonably practicable, be served in accordance with the mode of service mentioned in section 3(1)(a).

(2)  A summons issued against a body corporate or a limited liability partnership must, as far as is reasonably practicable, be served in accordance with the mode of service mentioned in section 3(1)(g)(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the body corporate or limited liability partnership at the registered office or principal place of business of the body corporate or limited liability partnership.

(3)  A summons issued against a partnership other than a limited liability partnership must, as far as is reasonably practicable, be served in accordance with the mode of service mentioned in section 3(1)(h)(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the partnership at the registered office or principal place of business of the partnership.

(4)  A summons issued against an unincorporated association must, as far as is reasonably practicable, be served in accordance with the mode of service mentioned in section 3(1)(i)(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the unincorporated association at the address of the unincorporated association.

(5)  Despite subsections (1) to (4), a summons may be served in any manner mentioned in section 3(1) if any of the following persons (as the case may be) consents to such mode of service:

(a) the person on whom the summons is to be served;

(b) the director, manager or secretary or other similar officer of a body corporate or limited liability partnership on whom the summons is to be served;

(c) any of the partners or the secretary or other similar officer of a partnership (other than a limited liability partnership) on whom the summons is to be served;

(d) the president, the secretary or any member of the committee of an unincorporated association (or any person holding a position analogous to that of the president, secretary or member of the committee) on whom the summons is to be served.

(6)  Where a summons is issued against a person who cannot, by the exercise of due diligence, be found, the summons may be served by leaving a copy thereof for him or her with some adult member of his or her family or with his or her employee residing with him or her.

(7)  Where a summons is issued against a person who cannot, by the exercise of due diligence, be found, and the summons cannot be effected in accordance with subsection (6), the serving officer must affix a copy of the summons to some conspicuous part of the place in which the person summoned ordinarily resides, and in such a case, the summons, if the court so directs before or after such affixing, is deemed to have been duly served.

Proceedings against body corporate, limited liability partnership, etc.

117.—(1)  If a body corporate, limited liability partnership, partnership or unincorporated association is charged with an offence, either alone or jointly with some other person, a representative may appear for the body corporate, limited liability partnership, partnership or unincorporated association, as the case may be.

(2)  The representative may do anything on behalf of the body corporate, limited liability partnership, partnership or unincorporated association (as the case may be) that an accused may do on the accused’s own behalf under this Code.

(3)  A proceeding is not considered invalid only because an accused body corporate, limited liability partnership, partnership or unincorporated association has failed to appear or because its non‑appearance results in something not being done that this Code directs should be done.

(4)  Any failure on the part of a body corporate, limited liability partnership, partnership or unincorporated association to comply with the legal formalities relating to the appointment of a representative does not affect the validity of the court proceedings.

(4A)  Subsections (3) and (4) do not apply to any proceeding under Part 7A.

[19/2018]

(5)  In this section, “representative”, in relation to a body corporate, limited liability partnership, partnership or unincorporated association, means a person duly appointed by the body corporate, limited liability partnership, partnership or unincorporated association (as the case may be) to represent it at the court proceedings.

(6)  A representative for the purposes of this section may be appointed by a written statement which is to be signed —

(a) in the case of a body corporate or limited liability partnership, by a director, manager or secretary or other similar officer of the body corporate or limited liability partnership;

(b) in the case of a partnership, by any of the partners or the secretary or other similar officer of the partnership; or

(c) in the case of an unincorporated association, by the president, the secretary or any member of the committee of the unincorporated association (or any person holding a position analogous to that of the president, secretary or member of the committee),

and such written statement is, for the purposes of this section, admissible without further proof as prima facie evidence that the person has been duly appointed as representative.

Service for fine-only offence

118.  Despite section 116, a summons for a fine-only offence may be served by sending a copy of the summons by registered post to the last known address of the person to be summoned.

[19/2018]

Proof of service

119.  When a summons issued by a court is served, an affidavit of such service is admissible as evidence if the affidavit is on its face made before a person authorised to administer an oath or affirmation.

Issue of warrant instead of or in addition to summons

120.  A court in any case in which it is empowered to issue a summons for the appearance of a person may, after recording its reasons in writing, issue a warrant for the person’s arrest if —

(a) before or after the issue of the summons but before the time fixed for the person’s appearance, the court has reason to believe that the person has absconded or will not obey the summons; or

(b) at such time fixed for the person’s appearance, the person fails to appear, and the summons is proved to have been duly served in time to enable the person to appear in accordance with it and no reasonable excuse is offered for such failure.

Service of summons: reciprocal arrangements with Malaysia and Brunei Darussalam

121.—(1)  Where under the provisions of any law in force in Malaysia or Brunei Darussalam, a Magistrate or a Magistrate’s Court has issued a warrant or summons authorising the arrest of a person or requiring any person to appear before any court in Malaysia or Brunei Darussalam, and that person is or is believed to be in Singapore, a Magistrate in Singapore, if satisfied that the warrant or summons was duly issued in Malaysia or Brunei Darussalam, may endorse the warrant or summons, and the warrant or summons may then be executed or served (as the case may be) on that person as if it were a warrant or summons lawfully issued in Singapore under the provisions of this Code.

(2)  Where under the provisions of any law in force in Malaysia or Brunei Darussalam corresponding to subsection (1), a warrant or summons issued by a Magistrate or a Magistrate’s Court in Singapore has been endorsed by a Magistrate in Malaysia or Brunei Darussalam and executed or served on the person named in the warrant or summons, the warrant or summons is for the purposes of this Code deemed to have been as validly executed or served as if the execution or service had been effected in Singapore.

(3)  Where a warrant has been executed in Singapore pursuant to subsection (1), the person arrested must be produced as soon as possible before a Magistrate in Singapore, who must, if satisfied that the arrested person is the person specified in the warrant, direct that the arrested person be transferred forthwith in custody to the appropriate court in Malaysia or Brunei Darussalam; and any such person is while in such custody deemed for all purposes to be in lawful custody.

(4)  Instead of transferring the arrested person in custody to the appropriate court in Malaysia or Brunei Darussalam under subsection (3), the Magistrate may, if the Magistrate is satisfied for reasons to be recorded by him or her that it is in the interests of justice to do so and if the case is one in which bail may lawfully be granted, release the person arrested on bail conditional on the arrested person’s appearing before the appropriate court in Malaysia or Brunei Darussalam at a time to be specified in the bond and bail bond.

(5)  Where any person has been served with a summons pursuant to subsection (1), the person must attend at the appropriate court at the time specified in the summons, unless the person can satisfy the court that the person cannot reasonably do so.

Detention of offender attending court

122.—(1)  A person attending court who is not under arrest or has not been served with a summons may be detained by the court for examination for any offence which the court may deal with, and which from the evidence the person appears to have committed.

(2)  The court may proceed against the person as though the person had been arrested or summoned.

(3)  When the court proceeds against a person under this section during the course of a trial, it must begin the proceeding against the person separately.

[19/2018]

PART 7

THE CHARGE

Form of charge

123.—(1)  Every charge under this Code must state the offence with which the accused is charged.

(2)  If the law that creates the offence gives it any specific name, the offence may be described in the charge by that name only.

(3)  If the law that creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which the accused is charged.

(4)  The provision of the law against which the offence is said to have been committed must be mentioned in the charge.

(5)  The fact that the charge is made is equivalent to a statement that the case fulfils every legal condition required by law to constitute the offence charged.

(6)  If the accused has been previously convicted of any offence and it is intended to prove that previous conviction for the purpose of affecting the punishment which the court is competent to award, the fact, date and place of the previous conviction must be stated in the charge; but if the statement is omitted, the court may add it at any time before sentence is passed.

Illustrations

(a) A is charged with the murder of B. This is equivalent to a statement that A’s act fell within the definition of murder in section 300 of the Penal Code 1871; that A did not come within any of the general exceptions in Chapter 4 of that Code; and that it did not fall within any of the Exceptions to section 300 or that, if it did fall within Exception 1, one or other of the 3 provisos to that Exception applied to it.

(b) A is charged under section 326 of the Penal Code 1871 with voluntarily causing grievous hurt to B by using an instrument for shooting. This is equivalent to a statement that section 335 of that Code and the general exceptions in Chapter 4 of that Code did not apply to it.

(c) A is accused of murder, cheating, theft, extortion, criminal intimidation or using a false property mark. The charge may state, without referring to the definitions of those offences in the Penal Code 1871, that A committed murder or cheating or theft or extortion or criminal intimidation or that A used a false property mark, but the charge must refer to the section under which each offence is punishable.

(d) A is charged under section 184 of the Penal Code 1871 with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.

(6A)  If the accused is subject to a remission order made under the Prisons Act 1933 and it is intended to prove the remission order for the purpose of affecting the punishment the court is competent to award, the charge must state —

(a) the fact of the remission order; and

(b) the remaining duration of the remission order on the date of the offence stated in the charge,

but if the statement is omitted, the court may add it at any time before sentence is passed.

[1/2014]

(7)  All charges upon which persons are tried before the General Division of the High Court must be —

(a) in accordance with the prescribed form;

(b) brought in the name of the Public Prosecutor; and

(c) signed by the Public Prosecutor or by some person authorised by the Public Prosecutor in that behalf and in the latter case, the words “By authority of the Public Prosecutor” must be prefixed to the signature.

[40/2019]

Details of time, place and person or thing

124.—(1)  The charge must contain details of the time and place of the alleged offence and the person (if any) against whom or the thing (if any) in respect of which it was committed, as are reasonably sufficient to give the accused notice of what the accused is charged with.

(2)  Despite subsection (1), where the accused is charged with any offence mentioned in subsection (3) —

(a) it is sufficient for the charge —

(i) to specify the gross sum in respect of which the offence is alleged to have been committed without specifying particular items; and

(ii) to specify the dates between which the offence is alleged to have been committed (being a period that does not exceed 12 months) without specifying exact dates; and

(b) the charge so framed is deemed to be a charge of one offence.

[19/2018]

(3)  For the purposes of subsection (2), the offences are as follows:

(a) any offence under section 403, 404, 406, 407, 408, 409, 411, 412, 413 or 414 of the Penal Code 1871;

(b) any offence under section 50, 51, 53, 54 or 55A of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;

(c) any other offence (being an offence involving property) that is prescribed.

[19/2018]

[Act 15 of 2023 wef 08/02/2024]

(4)  Despite subsections (1) and (2) and section 132, where 2 or more incidents of the commission of the same offence by the accused are alleged, and those alleged incidents taken together amount to a course of conduct (having regard to the time, place or purpose of each alleged incident) —

(a) it is sufficient to frame one charge for all of those alleged incidents, if all of the following conditions are satisfied:

(i) the charge —

(A) contains a statement that the charge is amalgamated under this subsection;

(B) either —

(BA) specifies the number of separate incidents of the commission of that offence that are alleged, without specifying each particular alleged incident; or

(BB) if the causing of a particular outcome is an element of that offence, contains details of the aggregate outcome caused by all of those alleged incidents, without specifying the particular outcome caused by each particular alleged incident;

(C) contains a statement that all of those alleged incidents taken together amount to a course of conduct; and

(D) specifies the dates between which all of those incidents are alleged to have occurred, without specifying the exact date for each particular alleged incident;

(ii) if a separate charge had been framed in respect of each of those incidents, the maximum punishment for the offence specified in each separate charge would be the same maximum punishment;

(iii) the charge so framed does not specify any offence punishable with death; and

(b) the charge so framed is deemed to be a charge of one offence.

Illustrations

(a) A is charged under section 465 of the Penal Code 1871 with committing forgery by making a false document. By virtue of section 463 of that Code, A’s conduct in making the false document is conduct that is an element of the offence that A is charged with.

(b) A is charged under section 325 of the Penal Code 1871 with voluntarily causing grievous hurt to B. A’s conduct in causing grievous hurt to B is conduct that is an element of the offence that A is charged with.

(c) A is charged under section 426 of the Penal Code 1871 with committing mischief by setting fire to a dustbin, and thereby causing the destruction of the dustbin. By virtue of section 425 of that Code, the destruction of the dustbin is an outcome (caused by A’s conduct of setting fire to the dustbin) that is an element of the offence that A is charged with.

(d) A is charged under section 417 of the Penal Code 1871 with cheating B by deceiving B, and thereby intentionally inducing B to do a thing which B would not do if B were not so deceived. By virtue of section 415 of that Code, the thing that B is induced to do is an outcome (caused by A’s conduct of deceiving B) that is an element of the offence that A is charged with.

[19/2018]

(5)  For the purposes of subsection (4), 2 or more alleged incidents of the commission of an offence, taken together, may amount to a course of conduct, if one or more of the following circumstances exist:

(a) where the offence is one that has an identifiable victim, the victim in each alleged incident is the same person or belongs to the same class of persons;

(b) all of the alleged incidents involve the employment of the same method or similar methods;

(c) all of the alleged incidents occurred in the same place, in similar places, or in places that are located near to each other;

(d) all of the alleged incidents occurred within a defined period that does not exceed 12 months.

[19/2018]

(6)  To avoid doubt, subsection (5) does not contain an exhaustive list of the circumstances where 2 or more alleged incidents of the commission of an offence, taken together, may amount to a course of conduct.

[19/2018]

(7)  Subsection (4) ceases to apply to 2 or more alleged incidents of the commission of the same offence by the accused, if the accused indicates that the accused intends to rely on a different defence in relation to each of those alleged incidents.

[19/2018]

(8)  Subject to subsection (7), where a charge is framed under subsection (2) or (4), and a person is convicted of the offence specified in that charge —

(a) the court may sentence that person —

(i) in any case where the charge is framed under subsection (2) — to 2 times the amount of punishment to which that person would otherwise have been liable for that offence; or

(ii) in any case where the charge is framed under subsection (4) — to 2 times the amount of punishment to which that person would otherwise have been liable if that person had been charged with and convicted of any one of the incidents of commission of the offence mentioned in that subsection; but

(b) any sentence of caning imposed by the court in respect of that offence must not exceed the specified limit in section 328.

[19/2018]

(9)  Despite anything to the contrary in this Code, where a Magistrate’s Court or District Court would (apart from this section) have jurisdiction and power to try a particular type of offence, and a charge specifying an offence of that type is framed under subsection (2) or (4) — the Magistrate’s Court or District Court (as the case may be) —

(a) has jurisdiction to hear and determine all proceedings for the offence specified in that charge; and

(b) has power to award the full punishment provided under subsection (8) in respect of the offence specified in that charge.

[19/2018]

(10)  Subsections (8) and (9) do not apply to a charge framed under subsection (2) or (4) in respect of any act or omission that took place before 31 October 2018.

[19/2018]

When manner of committing offence must be stated

125.  If the particulars mentioned in sections 123 and 124 do not give the accused sufficient notice of what the accused is charged with, then the charge must also give details of how the alleged offence was committed as will be sufficient for that purpose.

Illustrations

(a) A is accused of theft of a certain article at a certain time and place. The charge need not state how the theft was effected.

(b) A is accused of cheating B at a given time and place. The charge must state how A cheated B.

(c) A is accused of giving false evidence at a given time and place. The charge must state that portion of A’s evidence that is alleged to be false.

(d) A is accused of obstructing B, a public servant, in the discharge of B’s public functions at a given time and place. The charge must state how A obstructed B in discharging B’s functions.

(e) A is accused of the murder of B at a given time and place. The charge need not state how A murdered B.

(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must state the disobedience charged and the law broken.

Sense of words used in charge to describe offence

126.  In every charge, words used to describe an offence are deemed to have been used in the sense attached to them respectively by the law under which that offence is punishable.

Effect of errors

127.  No error in stating either the offence or the particulars that must be stated in the charge, and no omission to state the offence or those details is to be regarded at any stage of the case as material unless the accused was in fact misled by that error or omission.

Illustrations

(a) [Deleted by Act 15 of 2019]

(b) A is charged with cheating B. How A cheated B is not stated in the charge or is stated incorrectly. A defends himself or herself, calls witnesses and gives A’s own account of the transaction. The court may infer from this that omitting to state, or stating incorrectly, how B was cheated is not a material error.

(c) A is charged with cheating B. How A cheated B is not stated in the charge. There were many transactions between A and B and A had no means of knowing to which of them the charge referred and offered no defence. The court may infer from those facts that omitting to state how B was cheated was a material error.

(d) A was charged with murdering Tan Ah Teck on 5 June 1996 and Tan Ah Tuck, who tried to arrest A for that murder, on 6 June 1996. While charged with murdering Tan Ah Teck, A was tried for the murder of Tan Ah Tuck. The witnesses present in A’s defence were witnesses in the case of Tan Ah Teck. The court may infer from this that A was misled and that the error was material.

[15/2019]

Court may alter charge or frame new charge

128.—(1)  A court may alter a charge or frame a new charge, whether in substitution for or in addition to the existing charge, at any time before judgment is given.

(2)  A new or altered charge must be read and explained to the accused.

Trial after alteration of charge or framing of new charge

129.—(1)  If a charge is altered or a new charge framed under section 128, the court must immediately call on the accused to enter the accused’s plea and to state whether the accused is ready to be tried on this altered or new charge.

(2)  If the accused declares that the accused is not ready, the court must duly consider any reason the accused gives.

(3)  If the court thinks that proceeding immediately with the trial is unlikely to prejudice the accused’s defence or the prosecutor’s conduct of the case, then it may proceed with the trial.

(4)  If the court thinks otherwise, then it may direct a new trial or adjourn the trial for as long as necessary.

Stay of proceedings if altered or new charge requires Public Prosecutor’s consent

130.—(1)  If the offence stated in the altered or new charge is one that requires the Public Prosecutor’s consent under section 10(1), then the trial must not proceed before the consent is obtained, unless it has already been obtained for a prosecution on the same facts as those on which the altered or new charge is based.

(2)  If consent for the prosecution is or has been obtained, all evidence previously admitted by the court in the trial is deemed to have been admitted in evidence in the trial of the altered or new charge.

Recall of witnesses on trial of altered or new charge

131.  If a charge is altered or a new charge is framed by the court after the start of a trial, the prosecutor and the accused must, on application to the court by either party, be allowed to recall or re‑summon and examine any witness who may have been examined, with reference to the altered or newly framed charge only, unless the court thinks that the application is frivolous or vexatious or is meant to cause delay or to frustrate justice.

Separate charges for distinct offences

132.—(1)  For every distinct offence of which any person is accused, there must be a separate charge and, subject to subsection (2), every charge must be tried separately.

(2)  Subsection (1) does not apply —

(a) in the cases mentioned in sections 133 to 136, 138, 143, 144 and 145;

(b) to charges to which the accused pleads guilty; or

(c) to charges which the accused and the prosecutor consent to be taken into consideration under section 148.

Illustration

          A is accused of a theft on one occasion and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt. However, A does not need to be separately tried if A pleads guilty to both charges or if A pleads guilty to one charge and consents to the other charge being taken into consideration under section 148.

Joining of similar offences

133.  When a person is accused of 2 or more offences, the person may be charged with and tried at one trial for any number of those offences if the offences form or are a part of a series of offences of the same or a similar character.

Trial for more than one offence

134.  If, in one series of acts connected so as to form the same transaction, 2 or more offences are committed by the same person, then the person may be charged with and tried at one trial for every such offence.

Illustrations

          The separate charges referred to in illustrations (a) to (g) below respectively may be tried at one trial.

(a) A rescues B, a person in lawful custody, and in doing so causes grievous hurt to C, a constable in whose custody B was. A may be separately charged with offences under sections 225 and 333 of the Penal Code 1871.

(b) A has in A’s possession several seals that A knows to be counterfeit and intends to use them to commit forgeries punishable under section 466 of the Penal Code 1871. A may be separately charged with the possession of each seal under section 473 of the Penal Code 1871.

(c) Intending to cause injury to B, A begins a criminal proceeding against B knowing that there is no just or lawful basis for the proceeding; and also falsely accuses B of having committed an offence knowing there is no just or lawful basis for the charge. A may be separately charged with 2 offences under section 211 of the Penal Code 1871.

(d) Intending to cause injury to B, A falsely accuses B of having committed an offence knowing that there is no just or lawful basis for the charge. At the trial, A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. A may be separately charged with offences under sections 211 and 194 of the Penal Code 1871.

(e) A, with 6 others, commits the offences of rioting, causing grievous hurt and assaulting a public servant B trying to suppress the riot in the discharge of B’s duty. A may be separately charged with offences under sections 145, 325 and 152 of the Penal Code 1871.

(f) A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may be separately charged with each of the 3 offences under section 506 of the Penal Code 1871.

(g) A locks B and C in a room and then sets fire to that room, intending thereby to cause their deaths. A may be separately charged with each of the 2 offences under section 302 of the Penal Code 1871.

Trial of offences within 2 or more definitions

135.  If the alleged acts constitute an offence falling within 2 or more separate definitions of any law by which offences are defined or punished, then the person accused of them may be charged with and tried at one trial for each of those offences.

Illustrations

          The separate charges referred to in illustrations (a) to (d) below respectively may be tried at one trial.

(a) A wrongfully strikes B with a cane. A may be separately charged with offences under sections 352 and 323 of the Penal Code 1871.

(b) Several stolen sacks of rice are passed to A and B, who know they are stolen property, so they can conceal them. A and B then voluntarily help each other to conceal the sacks at the bottom of a grain‑pit. A and B may be separately charged with offences under sections 411 and 414 of the Penal Code 1871.

(c) A exposes A’s child with the knowledge that by doing so A is likely to cause its death. The child dies as a result. A may be separately charged with offences under sections 317 and 304 of the Penal Code 1871.

(d) A dishonestly uses a forged document as evidence to convict B, a public servant, of an offence under section 167 of the Penal Code 1871. A may be separately charged with offences under sections 471 (read with section 466) and 196 of the Penal Code 1871.

Acts forming one offence but when combined form different offence

136.  If several acts of which one or more than one would by itself or themselves constitute an offence but when combined constitute a different offence, the person accused of them may be charged with and tried at one trial for the offence constituted by those acts when combined or for any offence constituted by any one or more of those acts.

Illustration

          A robs B, and in doing so voluntarily hurts B. A may be separately charged with offences under sections 323, 392 and 394 of the Penal Code 1871 and A may be tried at one trial for those offences.

Sections 134, 135 and 136 not to affect section 308

137.  Nothing in section 134, 135 or 136 affects section 308.

If it is doubtful what offence has been committed

138.  If a single act or series of acts is such that it is doubtful which of several offences the provable facts will constitute, the accused may be charged with all or any of those offences and any number of the charges may be tried at once, or the accused may be charged in the alternative with any one of those offences.

Illustrations

(a) A is accused of an act that may amount to theft or receiving stolen property or criminal breach of trust or cheating. A may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or A may be charged with having committed theft or receiving stolen property or criminal breach of trust or cheating.

(b) A states on oath before the committing Magistrate that A saw B hit C with a club. Before the General Division of the High Court, A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence although it cannot be proved which of these contradictory statements was false.

[40/2019]

When person charged with one offence can be convicted of another

139.  If in the case mentioned in section 138 the accused is charged with one offence and it appears in evidence that the accused committed a different offence for which the accused might have been charged under that section, the accused may be convicted of the offence that the accused is shown to have committed although the accused was not charged with it.

Illustration

          A is charged with theft. In evidence it appears that A committed the offence of criminal breach of trust or of receiving stolen goods. A may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be), although A was not charged with that offence.

Conviction of attempt or abetment

140.  When the accused is charged with an offence, the accused may be convicted of having attempted to commit it or of having abetted its commission, although neither the attempt nor the abetment is separately charged.

When offence proved is lesser offence

141.—(1)  If the charge against a person in respect of any offence consists of several particulars, a combination of only some of which forms a complete lesser offence, and the combination is proved but the remaining particulars are not proved, the person may be convicted of the lesser offence although the person was not charged with it.

(2)  When a person is charged with an offence and facts are proved which reduce it to a lesser offence, the person may be convicted of the lesser offence although the person is not charged with it.

Illustrations

(a) A is charged under section 407 of the Penal Code 1871 with criminal breach of trust in respect of property entrusted to A as a carrier. It appears that A did commit criminal breach of trust under section 406 of the Penal Code 1871 in respect of the property, but that it was not entrusted to A as a carrier. A may be convicted of criminal breach of trust under section 406 of the Penal Code 1871.

(b) A is charged under section 325 of the Penal Code 1871 with causing grievous hurt. A proves that A acted on grave and sudden provocation. A may be convicted under section 335 of the Penal Code 1871.

Where court finds offence mentioned in section 10 proved

142.  Where the court makes a finding under section 139 or 141 that any offence mentioned in section 10(1) has been proved, the court may only pronounce a conviction if the consent of the Public Prosecutor is obtained.

Persons who may be charged and tried jointly

143.  The following persons may be charged and tried together or separately:

(a) persons accused of the same offence committed in the same transaction;

(b) persons accused of different offences committed in the same transaction;

(c) persons accused of 2 or more offences which form or are a part of a series of offences of the same or a similar character;

(d) a person accused of an offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating, and another person accused of receiving or retaining or assisting in the disposal or concealment of the subject matter of that offence;

(e) persons accused of offences under sections 411 and 414 of the Penal Code 1871, or either of those sections, in respect of the same stolen property, the possession of which has been transferred as a result of the original offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating;

(f) a person accused of any offence under Chapter 18 of the Penal Code 1871 relating to a counterfeit currency, and a person accused of any other offence under that Chapter relating to the same currency;

(g) a person accused of committing an offence and a person accused of abetment of or attempt to commit that offence.

Illustrations

(a) A and B are accused of the same murder. A and B may be charged and tried together for the murder.

(b) A and B are accused of a robbery during which A commits a murder with which B has nothing to do. A and B may be tried together, where both will be tried for robbery and A tried also for the murder.

(c) A and B are both charged with a theft and B is charged with 2 other thefts B committed during the same transaction. A and B may both be tried together, where both will be tried for the one theft and B alone for the 2 other thefts.

(d) A commits theft of a computer. B, knowing that the computer was stolen, receives it from A. B then passes it to C who, knowing that the computer was stolen, disposes of it. A, B and C may all be tried together.

(e) A and B are accused of giving false evidence in the same proceedings. They should be charged and tried separately.

[15/2019]

Joint trials for connected offences

144.  Despite section 143, persons accused of different offences, whether under the same written law or under different written laws, may be charged separately and tried together, if either or both of the following apply:

(a) those offences arise from the same series of acts, whether or not those acts form the same transaction;

(b) there is any agreement between those persons for each person to engage in conduct from which arises the offence that person is charged with.

Illustrations

(a) A agrees to let B keep B’s benefits of drug trafficking in A’s bank account to avoid detection. A and B may be separately charged and tried together for offences under sections 50(1)(a) and 53(1)(a) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, respectively, as the offences arise from the same series of acts.

(b) A sells 10 grams of diamorphine to B. Out of the 10 grams of diamorphine, B sells 5 grams to C. A, B and C may be separately charged and tried together for offences under section 5(1)(a) of the Misuse of Drugs Act 1973 as the offences arise from the same series of acts.

(c) A has in A’s possession a secret official code word which has been entrusted in confidence to A by a person holding office under the Government and fails to take reasonable care of the secrecy of the information. As a result of A’s failure, B comes into possession of the secret official code word and retains it for a purpose prejudicial to the safety of Singapore when B has no right to retain it. A and B may be separately charged and tried together for offences under sections 5(1)(i) and 6(2)(a) of the Official Secrets Act 1935, respectively, as the offences arise from the same series of acts.

(d) A gives B a gratification as an inducement for awarding a contract by B’s company to A. A and B may be separately charged and tried together for offences under section 6(b) and (a), respectively, of the Prevention of Corruption Act 1960 as the offences arise from the same series of acts.

(e) Members of opposing factions in an unlawful assembly or a riot may be separately charged and tried jointly as the offence of unlawful assembly or rioting arises from the same series of acts.

(f) A, B and C are present when officers from the Corrupt Practices Investigation Bureau conduct a search of certain premises during an investigation into an offence under the Prevention of Corruption Act 1960. A states to the officers that there is no evidence of the offence in those premises, when A knows the statement is false. B overhears A’s statement and, knowing A’s statement is false, tells C to repeat the same false account to the officers. A and B are charged separately with an offence under section 28(b) of the Prevention of Corruption Act 1960 and an offence under section 204A of the Penal Code 1871, respectively. A and B may be tried together for those offences, as those offences arise from the same series of acts.

(g) A, B and C enter into an agreement for A to traffic in a controlled drug, B to manage a brothel and C to import uncustomed goods, with the profits from these activities to be shared among them. A, B and C are charged separately for an offence under section 5(1)(a) of the Misuse of Drugs Act 1973, an offence under section 148(1) of the Women’s Charter 1961 and an offence under section 128F of the Customs Act 1960, respectively. A, B and C may be tried together for those offences, as there was an agreement between those persons for each person to engage in conduct from which arose the offence that person is charged with.

[19/2018]

Joint trials with consent

145.—(1)  A court may try offences together at one trial or order a joint trial even though it cannot do so by virtue of section 133, 134, 135, 136, 138, 143 or 144, if —

(a) in a case where an accused is charged with 2 or more offences, the Public Prosecutor and the accused consent to have all such offences tried together; or

(b) in a case where 2 or more persons are charged with separate offences, the Public Prosecutor and all such persons consent to a joint trial.

(2)  Despite subsection (1), the court must not try offences together or order a joint trial in relation to a person who had earlier given consent under that subsection if —

(a) at the time when the consent is given, the person is not represented by an advocate; and

(b) at the time of the trial, that person objects to the court trying the offences together or to the joint trial.

Separate trial when accused is prejudiced

146.  Despite any other provision in this Code, where before a trial or at any stage of a trial, a court is of the view that an accused may be prejudiced or embarrassed in the accused’s defence because —

(a) the accused is charged with and tried at one trial for more than one offence under section 133, 134, 135, 136 or 145(1)(a); or

(b) the accused is charged with and tried at one trial with one or more other co‑accused under section 143, 144 or 145(1)(b),

the court may order that the accused be charged and tried separately for any one or more of the offences.

Withdrawal of remaining charges on conviction on one of several charges

147.—(1)  Where 2 or more charges are made against the same person and the person has been convicted on one or more of them, the prosecution may, with the consent of the court, withdraw the remaining charge or any of the remaining charges.

(2)  The withdrawal has the effect of an acquittal on the remaining charge or charges withdrawn unless the conviction is set aside.

(3)  Where a conviction is set aside under subsection (2), and subject to any order of the court setting aside the conviction, the court may proceed with the trial of the charge or charges previously withdrawn.

Outstanding offences

148.—(1)  If the accused is found guilty of an offence in any criminal proceedings begun by or on behalf of the Public Prosecutor, the court in determining and passing sentence may, with the consent of the prosecution and the accused, take into consideration any other outstanding offences that the accused admits to have committed.

(2)  If the outstanding offences mentioned in subsection (1) were not begun by or on behalf of the Public Prosecutor, the court must first be satisfied that the person or authority by whom those proceedings were begun consents to that course of action.

(3)  The General Division of the High Court may, under subsection (1), take into consideration any outstanding offences an accused admits to have committed when passing sentence, even though no transmission proceedings under Division 5 of Part 10 have been held in respect of those outstanding offences.

[19/2018; 40/2019]

(4)  When consent is given under subsection (1) or (2) and any outstanding offences are taken into consideration in determining and passing sentence, such fact must be entered in the court’s record.

(5)  After being sentenced, the accused may not, unless the accused’s conviction for the original offence under subsection (1) is set aside, be charged or tried for any offence that the court had taken into consideration under this section.

Death of accused

149.  Every charge or criminal proceeding abates on the death of the accused, and the court must so order if it is satisfied that the accused is dead.

PART 7A

DEFERRED PROSECUTION AGREEMENTS

Interpretation of this Part

149A.  In this Part —

“alleged offence” means an offence specified in the Sixth Schedule;

“deferred prosecution agreement” or “DPA” means an agreement entered into between the Public Prosecutor and a person who has been charged with, or whom the Public Prosecutor is considering prosecuting for, an alleged offence, under which —

(a) the person agrees to comply with the requirements imposed on the person by the agreement; and

(b) the Public Prosecutor agrees that, upon the approval of the agreement by the General Division of the High Court under section 149F, sections 149C and 149I apply in relation to the prosecution of the person for the alleged offence;

“give public notice”, in relation to a matter, means to cause a notice of the matter to be published in the Gazette;

“subject” means a person who enters into a DPA with the Public Prosecutor.

[19/2018; 40/2019]

Entering into DPA, etc.

149B.—(1)  A DPA may be entered into in respect of any alleged offence, whether alleged to have been committed before, on or after 31 October 2018.

[19/2018]

(2)  A DPA in respect of an alleged offence —

(a) may be entered into before, on or after the date on which a subject is charged with the alleged offence; but

(b) cannot be entered into after the commencement of the trial for that alleged offence.

[19/2018]

(3)  One DPA may be entered into in respect of 2 or more different alleged offences.

[19/2018]

(4)  A person may choose whether to enter into a DPA with the Public Prosecutor.

[19/2018]

(5)  Before a DPA is in force, any party to the DPA may withdraw from any negotiation concerning the DPA, from the DPA itself, and from any proceeding under section 149F relating to the DPA, without giving any reason for the withdrawal.

[19/2018]

Effect of DPA on court proceedings while DPA is in force

149C.  After a DPA is entered into between the Public Prosecutor and a subject in respect of an alleged offence, the following apply:

(a) if the subject has been charged with the alleged offence, the subject is deemed to have been granted a discharge not amounting to an acquittal in relation to the alleged offence, when the DPA comes into force;

(b) while the DPA is in force, the subject cannot be prosecuted for the alleged offence in any criminal proceedings;

(c) while the DPA is in force, any limitation period or time limit for the commencement of any of the following matters is suspended:

(i) the prosecution of the alleged offence;

(ii) any civil penalty action in respect of the alleged offence;

(iii) any proceedings for an order for disgorgement of a benefit derived from the alleged offence;

(iv) any proceedings for the confiscation of any property that —

(A) is used, or intended to be used, for the commission of the alleged offence; or

(B) constitutes a benefit derived from the alleged offence;

(v) any disciplinary proceedings, or other proceedings relating to the imposition of any regulatory measure, under any written law, that arise from the facts of the alleged offence.

[19/2018]

Persons who may enter into DPA with Public Prosecutor

149D.—(1)  A subject may be a body corporate, a limited liability partnership, a partnership or an unincorporated association, but cannot be an individual.

[19/2018]

(2)  In the case of a DPA between the Public Prosecutor and a partnership —

(a) the DPA must be entered into in the name of the partnership (and not in the name of any of the partners); and

(b) any money payable under the DPA must be paid out of the funds of the partnership.

[19/2018]

(3)  In the case of a DPA between the Public Prosecutor and an unincorporated association —

(a) the DPA must be entered into in the name of the association (and not in the name of any of its members); and

(b) any money payable under the DPA must be paid out of the funds of the association.

[19/2018]

(4)  A subject must be represented by an advocate at the time the subject enters into a DPA.

[19/2018]

Content of DPA

149E.—(1)  A DPA must contain —

(a) a charge or draft charge (prepared by the Public Prosecutor) relating to the alleged offence; and

(b) a statement of facts relating to the alleged offence, which may include admissions made by the subject that enters into the DPA.

[19/2018]

(2)  A DPA must specify a date (called in this Part the expiry date) on which the DPA ceases to have effect if the DPA is not already terminated under section 149G.

[19/2018]

(3)  The requirements that a DPA may impose on the subject that enters into the DPA include, but are not limited to, the following requirements:

(a) to pay to the Public Prosecutor a financial penalty;

(b) to compensate victims of the alleged offence;

(c) to donate money to a charity or any other third party;

(d) to disgorge any profits made by the subject from the alleged offence;

(e) to implement a compliance programme, or make changes to an existing compliance programme, relating to the subject’s policies or to the training of the subject’s employees or both;

(f) to appoint a person —

(i) to assess and monitor the subject’s internal controls;

(ii) to advise the subject, and the Public Prosecutor, of any improvements to the subject’s compliance programme that are necessary, or that will reduce the risk of a recurrence of any conduct prohibited by the DPA; and

(iii) to report to the Public Prosecutor any misconduct in the implementation of the subject’s compliance programme or internal controls;

(g) to cooperate in —

(i) any investigation relating to the alleged offence; and

(ii) any investigation relating to any possible offence, committed by any officer, employee or agent of the subject, that arises from the same or substantially the same facts as the alleged offence;

(h) to pay any reasonable costs of the Public Prosecutor in relation to the alleged offence or the DPA.

[19/2018]

(4)  A DPA may impose time limits within which the subject of the DPA must comply with the requirements imposed on the subject.

[19/2018]

(5)  A DPA may include a term setting out the consequences of a failure by the subject of the DPA to comply with any of its terms.

[19/2018]

Court approval of DPA

149F.—(1)  When the Public Prosecutor and the subject have agreed on the terms of a DPA, the Public Prosecutor must apply by criminal motion to the General Division of the High Court for a declaration (called in this section the relevant declaration) that —

(a) the DPA is in the interests of justice; and

(b) the terms of the DPA are fair, reasonable and proportionate.

[19/2018; 40/2019]

(2)  At the hearing of an application under subsection (1) —

(a) the Public Prosecutor and the subject may submit on the application jointly or separately; and

(b) the General Division of the High Court may —

(i) make the relevant declaration;

(ii) refuse the application; or

(iii) adjourn the hearing of the application —

(A) for the Public Prosecutor and the subject to amend the DPA; or

(B) for any other reason.

[19/2018; 40/2019]

(3)  A DPA comes into force only when the General Division of the High Court approves the DPA by making the relevant declaration.

[19/2018; 40/2019]

(4)  An application under subsection (1) must be heard and dealt with in private.

[19/2018]

[Act 25 of 2021 wef 01/04/2022]

(5)  Upon the General Division of the High Court making a relevant declaration, the Public Prosecutor must give public notice of the following, unless the Public Prosecutor is prohibited from doing so by or under any written law or by an order of the General Division of the High Court under section 149J(1) or (2):

(a) the DPA to which the relevant declaration relates;

(b) the relevant declaration;

(c) if any reasons are given by the General Division of the High Court for its decision to make the relevant declaration, those reasons.

[19/2018; 40/2019]

(6)  A refusal by the General Division of the High Court of an application under subsection (1) in respect of a DPA entered into between the Public Prosecutor and a subject in respect of an alleged offence, does not prevent the Public Prosecutor from making another application under that subsection, for a relevant declaration in respect of a different DPA entered into with the same subject in respect of the same alleged offence.

[19/2018; 40/2019]

Breach of DPA

149G.—(1)  If the Public Prosecutor believes that the subject that entered into a DPA has failed to comply with the terms of the DPA, the Public Prosecutor may make an application to the General Division of the High Court under this section.

[19/2018; 40/2019]

(2)  On an application under subsection (1), the Public Prosecutor must prove, on a balance of probabilities, that the subject that entered into a DPA has failed to comply with the terms of the DPA.

[19/2018]

(3)  If the General Division of the High Court is satisfied that the subject that entered into a DPA has failed to comply with the terms of the DPA, the General Division of the High Court must terminate the DPA.

[19/2018; 40/2019]

(4)  Where the General Division of the High Court decides that the subject that entered into a DPA did not fail to comply with the terms of the DPA, the Public Prosecutor must give public notice of the following, unless the Public Prosecutor is prohibited from doing so by or under any written law or by an order of the General Division of the High Court under section 149J(1) or (2):

(a) the decision of the General Division of the High Court;

(b) if any reasons are given by the General Division of the High Court for that decision, those reasons.

[19/2018; 40/2019]

(5)  Where the General Division of the High Court terminates a DPA under subsection (3), the Public Prosecutor must give public notice of the following, unless the Public Prosecutor is prohibited from doing so by or under any written law or by an order of the General Division of the High Court under section 149J(1) or (2):

(a) the fact that the DPA has been terminated by the General Division of the High Court following a failure by the subject that entered into the DPA to comply with the terms of the DPA;

(b) if any reasons are given by the General Division of the High Court for its decisions under subsections (2) and (3), those reasons.

[19/2018; 40/2019]

(6)  Where the General Division of the High Court terminates a DPA under subsection (3), the subject —

(a) is not entitled to recover any money that the subject had paid, before the termination, pursuant to any requirement imposed by the DPA; and

(b) is not entitled to any relief for any detriment caused to the subject by the subject’s compliance with the terms of the DPA before the termination.

[19/2018; 40/2019]

Variation of terms of DPA

149H.—(1)  At any time when a DPA is in force, the Public Prosecutor and the subject that entered into the DPA may agree to vary the terms of the DPA.

[19/2018]

(2)  When the Public Prosecutor and the subject that entered into a DPA have agreed to vary the terms of the DPA, the Public Prosecutor must apply by criminal motion to the General Division of the High Court for a declaration (called in this section the relevant declaration) that —

(a) the variation is in the interests of justice; and

(b) the terms of the DPA as varied are fair, reasonable and proportionate.

[19/2018; 40/2019]

(3)  A variation of the terms of a DPA only takes effect when the General Division of the High Court approves the variation by making the relevant declaration.

[19/2018; 40/2019]

(4)  Where the General Division of the High Court decides to approve the variation, the Public Prosecutor must give public notice of the following, unless the Public Prosecutor is prohibited from doing so by or under any written law or by an order of the General Division of the High Court under section 149J(1) or (2):

(a) the DPA as varied;

(b) the relevant declaration;

(c) if any reasons are given by the General Division of the High Court for its decision to make the relevant declaration, those reasons.

[19/2018; 40/2019]

(5)  Where the General Division of the High Court decides not to approve the variation, the Public Prosecutor must give public notice of the following, unless the Public Prosecutor is prohibited from doing so by or under any written law or by an order of the General Division of the High Court under section 149J(1) or (2):

(a) the decision of the General Division of the High Court;

(b) if any reasons are given by the General Division of the High Court for that decision, those reasons.

[19/2018; 40/2019]

Expiry of DPA

149I.—(1)  If a DPA in respect of an alleged offence remains in force until its expiry date, then after the DPA has expired —

(a) the Public Prosecutor must —

(i) give written notice to the General Division of the High Court that the Public Prosecutor does not intend to prosecute the subject for the alleged offence; and

(ii) give public notice that the Public Prosecutor has given that written notice to the General Division of the High Court, unless the Public Prosecutor is prohibited from doing so by or under any written law or by an order of the General Division of the High Court under section 149J(1) or (2); and

(b) except as provided in subsection (2), the subject cannot be prosecuted for the alleged offence after the Public Prosecutor gives that written notice to the General Division of the High Court.

[19/2018; 40/2019]

(2)  Despite subsection (1), the Public Prosecutor may initiate new criminal proceedings against the subject that entered into a DPA in respect of the alleged offence in that DPA, if the Public Prosecutor finds (whether before, on or after the expiry date of the DPA) that during the course of the negotiations for the DPA (including any variation of the terms of the DPA that is approved by the General Division of the High Court under section 149H) —

(a) the subject provided inaccurate, misleading or incomplete information to the Public Prosecutor; and

(b) the subject knew or ought to have known that the information was inaccurate, misleading or incomplete.

[19/2018; 40/2019]

(3)  Where —

(a) a DPA is entered into between the Public Prosecutor and a subject in respect of an alleged offence;

(b) the subject is deemed under section 149C(a) to have been granted a discharge not amounting to an acquittal in relation to the alleged offence; and

(c) the DPA remains in force until its expiry date,

after the DPA has expired, the General Division of the High Court may, on the application of the Public Prosecutor, grant the subject a discharge amounting to an acquittal in relation to the alleged offence.

[19/2018; 40/2019]

(4)  For the purposes of subsections (1) and (3), a DPA is not to be treated as having expired if an application by the Public Prosecutor under section 149G, about an alleged failure by the subject that entered into the DPA to comply with the terms of the DPA, is pending on the expiry date of the DPA.

[19/2018]

(5)  In the case mentioned in subsection (4) —

(a) if the General Division of the High Court decides that the subject did not fail to comply with the terms of the DPA, the DPA is to be treated as expiring when the application under section 149G is decided; or

(b) if the General Division of the High Court terminates the DPA —

(i) the DPA is to be treated as not having remained in force until its expiry date; and

(ii) therefore, subsections (1) and (3) do not apply.

[19/2018; 40/2019]

Publication of information

149J.—(1)  The General Division of the High Court may postpone the giving of public notice under section 149F(5), 149G(4) or (5), 149H(4) or (5) or 149I(1)(a)(ii) for such period as the General Division of the High Court considers necessary, if it appears to the General Division of the High Court that the postponement is necessary to avoid substantial risk of prejudice to the administration of justice in —

(a) any legal proceedings;

(b) any investigation under this Code; or

(c) any criminal investigation under any other written law.

[19/2018; 40/2019]

(2)  In any proceedings under this Part, the General Division of the High Court may, if satisfied that it is expedient in the interests of justice, public safety, public security or propriety, or for other sufficient reason, to do so, make either or both of the following orders:

(a) an order that any information, which is contained in any court document intended to be produced before the court, be removed or be sufficiently redacted;

(b) an order that no person is to publish any such information, or do any other act that is likely to lead to the publication of any such information.

[19/2018; 40/2019]

(3)  Any person who does any act in contravention of an order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

[19/2018]

Use of material in criminal proceedings

149K.—(1)  Subsections (2) and (3) apply where a DPA in respect of an alleged offence is approved by the General Division of the High Court under section 149F.

[19/2018; 40/2019]

(2)  The statement of facts contained in the DPA is, in any criminal proceedings brought against the subject for the alleged offence, to be treated as an admission by the subject under section 267.

[19/2018]

(3)  However, the admission mentioned in subsection (2) cannot be withdrawn by the subject under section 267(4).

[19/2018]

(4)  Subsections (5) and (6) apply where the Public Prosecutor and a subject have entered into negotiations for a DPA in respect of an alleged offence, but the DPA has not been approved by the General Division of the High Court under section 149F.

[19/2018; 40/2019]

(5)  The material described in subsection (6) may be used in evidence against the subject only —

(a) on a prosecution for an offence consisting of the provision of inaccurate, misleading or incomplete information; or

(b) on a prosecution for some other offence, if both of the following apply:

(i) in giving evidence, the subject makes a statement that is not consistent with the material;

(ii) evidence relating to the material is adduced, or a question relating to the material is asked, by or on behalf of the subject in the proceedings arising out of the prosecution.

[19/2018]

(6)  For the purposes of subsection (5), the material is either or both of the following:

(a) material that shows that the subject entered into negotiations for a DPA, including, in particular —

(i) any draft of the DPA;

(ii) any draft of a statement of facts intended to be included within the DPA; and

(iii) any statement indicating that the subject entered into such negotiations;

(b) material that was created solely for the purpose of preparing the DPA or statement of facts.

[19/2018]

(7)  Any material or information obtained by the Public Prosecutor in the course of negotiations for a DPA or proceedings under this Part (other than the material described in subsection (6)) may, if determined (in accordance with the rules of evidence under written law and any relevant rules of law) to be admissible in evidence, be used against the subject that enters into the DPA or any other person in any criminal proceedings relating to any offence.

[19/2018]

Money received by prosecutor under DPA

149L.  Any money received by the Public Prosecutor under any of the following terms of a DPA must be paid into the Consolidated Fund:

(a) a term requiring the subject that enters into the DPA to pay a financial penalty to the Public Prosecutor;

(b) a term requiring the subject that enters into the DPA to disgorge any profits made by the subject from the alleged offence.

[19/2018]

Appeals from certain decisions under this Part

149M.—(1)  The following decisions of the General Division of the High Court under this Part are appealable:

(a) a decision, on an application under section 149F(1), not to approve a DPA;

(b) a decision, on an application under section 149G(1), that the subject that entered into a DPA has failed to comply with the terms of the DPA;

(c) a decision, on an application under section 149G(1), that the subject that entered into a DPA did not fail to comply with the terms of the DPA;

(d) a decision, on an application under section 149H(2), not to approve a variation of the terms of a DPA.

[19/2018; 40/2019]

(2)  An appeal against a decision mentioned in subsection (1)(a) or (d) may only be made by the Public Prosecutor.

[19/2018]

(3)  An appeal against a decision mentioned in subsection (1)(b) or (c) may be made by the Public Prosecutor or the subject concerned.

[19/2018]

(4)  An appeal against a decision mentioned in subsection (1)(a) must be heard and dealt with in private.

[19/2018]

[Act 25 of 2021 wef 01/04/2022]

(5)  A refusal by the Court of Appeal, on an appeal against a decision mentioned in subsection (1)(a), to approve a DPA entered into between the Public Prosecutor and a subject in respect of an alleged offence, does not prevent the Public Prosecutor from making another application under section 149F(1), for the approval of a different DPA entered into with the same subject in respect of the same alleged offence.

[19/2018]

PART 8

INITIATION OF CRIMINAL PROCEEDINGS AND COMPLAINT TO MAGISTRATE

Initiation of criminal proceedings

150.  Criminal proceedings against any person may be initiated pursuant to an arrest, a summons, an arrest warrant, a notice to attend court or any other mode for compelling the attendance of a person in court which is provided for under this Code or any other written law, as the case may be.

Examination of complaint

151.—(1)  Any person may make a complaint to a Magistrate.

(2)  On receiving a complaint by a person who is not a police officer nor an officer from a law enforcement agency nor a person acting with the authority of a public body, the Magistrate —

(a) must immediately examine the complainant on oath and the substance of the examination must be reduced to writing and must be signed by the complainant and by the Magistrate; and

(b) may, after examining the complainant —

(i) for the purpose of inquiring into the case himself or herself, issue a summons to compel the attendance before him or her of any person who may be able to help him or her determine whether there is sufficient ground for proceeding with the complaint;

(ii) direct any police officer to make inquiries for the purpose of ascertaining the truth or falsehood of the complaint and report to the Magistrate the result of those inquiries;

(iii) proceed in accordance with section 15 of the Community Mediation Centres Act 1997; or

(iv) postpone consideration of the matter to enable the complainant and the person complained against to try to resolve the complaint amicably.

Dismissal of complaint

152.—(1)  After examining the complainant under section 151(2)(a), and making any inquiry under section 151(2)(b)(i) or considering the result of any inquiry under section 151(2)(b)(ii), the Magistrate may dismiss the complaint if he or she decides that there is insufficient reason to proceed.

(2)  Where in relation to any complaint, the Magistrate or a police officer has referred any case for mediation under section 15 of the Community Mediation Centres Act 1997 or under section 16(1)(c), respectively, and the complainant has failed or refused to attend the mediation session, the Magistrate may dismiss the complaint if the complainant does not provide reasonable grounds for the failure or refusal.

(3)  If the Magistrate dismisses the complaint, he or she must record his or her reasons.

Issue of summons or warrant

153.—(1)  A Magistrate must issue a summons for the attendance of an accused if —

(a) the Magistrate finds sufficient reason to proceed with a complaint made by a person who is not a police officer nor an officer from a law enforcement agency nor a person acting with the authority of a public body;

(b) the Magistrate finds sufficient reason to proceed with a complaint made by a police officer, an officer from a law enforcement agency or a person acting with the authority of a public body, and the complaint is written and signed by that officer or person;

(c) the Magistrate knows or suspects that an offence has been committed; or

(d) the accused is brought before the court in custody without process and is accused of having committed an offence which the court has jurisdiction to inquire into or try,

and the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a summons.

(2)  In determining whether there is sufficient reason to proceed under subsection (1)(a), the Magistrate must take into account whether the accused has failed or refused to attend any mediation session when the Magistrate has proceeded in accordance with section 15 of the Community Mediation Centres Act 1997 or when a police officer has referred the case to a mediator for mediation under section 16(1)(c), and if so, whether the accused had any reasonable grounds for the failure or refusal.

(3)  If the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a warrant, the Magistrate may do so or, if he or she thinks fit, issue a summons causing the accused to be brought or to appear at a certain time before a Magistrate’s Court.

(4)  If the accused fails or refuses to attend any mediation session without providing reasonable grounds for such failure or refusal, the Magistrate may take the failure or refusal into consideration when issuing any further order or direction as the Magistrate deems fit, or when sentencing the accused.

(5)  This section does not affect section 120.

Personal attendance of accused may be dispensed with

154.—(1)  A Magistrate issuing a summons may dispense with the personal attendance of the accused and permit the accused to appear by an advocate.

(2)  In any case relating to an offence punishable by fine only or by imprisonment for 12 months or less, or both, and in which a Magistrate has issued a summons, an accused who wishes to plead guilty and be convicted and sentenced in the accused’s absence may —

(a) appear by an advocate; or

(b) by letter plead guilty and agree to pay any fine that may be imposed for that offence.

(3)  In the case where the accused pleads guilty by letter, the court may record a plea of guilty, convict the accused according to law, and sentence the accused to a fine with or without a sentence of imprisonment if the accused fails to pay the fine.

(4)  If the accused pleads guilty by letter, the accused must state in the letter a postal address.

(5)  Despite section 3, the court must then send, by registered post using the particulars stated under subsection (4), a letter informing the accused of the sentence imposed.

(6)  The accused must pay the fine within 7 days from the date on which the court’s letter was posted or transmitted.

(7)  The court inquiring into or trying the case may at any stage of the proceeding direct the accused to attend in person, and if necessary may enforce the accused’s attendance in the way set out in section 153.

(8)  If the court intends to impose a sentence of imprisonment without the option of a fine, it must require the accused to attend in person.

(9)  If the accused wishes to withdraw his or her plea of guilty and claim trial when the accused appears pursuant to subsection (8), then the court must, despite any order of conviction made in the accused’s absence, permit the accused to withdraw his or her plea and then hear and determine the case, and if the court convicts the accused, pass sentence according to law.

(10)  Nothing in this section affects the powers of the court conferred by section 156.

Absence of complainant in proceedings instituted on complaint

155.  In a private prosecution commenced pursuant to a complaint under section 151 for an offence which is compoundable under section 241, the court may at any time before calling upon the accused to enter upon the accused’s defence, discharge the accused if the complainant is absent.

Absence of accused

156.—(1)  The following apply where an accused does not appear at the time and place mentioned in the summons or notice to attend court:

(a) the court may proceed in the absence of the accused to hear and determine the complaint if —

(i) the court is satisfied on oath that —

(A) the summons or notice was duly served on the accused at least 7 days (or such shorter period as the court may consider reasonable in a particular case) before the time appointed in the summons or notice for appearing; and

(B) the accused was notified, when the summons or notice was served on the accused, that the court may hear and determine the complaint in the absence of the accused, if the accused fails to appear at the time and place mentioned in the summons or notice; and

(ii) no sufficient ground is shown for an adjournment;

[Act 25 of 2021 wef 01/04/2022]

(b) unless the court proceeds in the absence of the accused under paragraph (a) to hear and determine the complaint, the court must postpone the hearing to a future day.

[19/2018]

[Act 25 of 2021 wef 01/04/2022]

(2)  Where the court has proceeded in the absence of the accused under subsection (1)(a) to hear and determine the complaint, the accused may apply to the court to declare the proceedings in the absence of the accused to be void.

[19/2018]

[Act 25 of 2021 wef 01/04/2022]

(3)  The court can and must make a declaration that the proceedings in the absence of the accused are void only if the accused proves, on a balance of probabilities, that —

(a) the accused was unaware of both of the following until after the proceedings in the absence of the accused began:

(i) the summons or notice to attend court;

(ii) the proceedings in the absence of the accused; and

[Act 25 of 2021 wef 01/04/2022]

(b) the accused made the application under subsection (2) within 21 days after the date on which the accused first knew of either of the following:

(i) the summons or notice to attend court;

(ii) the proceedings in the absence of the accused.

[19/2018]

[Act 25 of 2021 wef 01/04/2022]

(4)  Subsections (2) and (3) do not apply to an accused body corporate, limited liability partnership, partnership or unincorporated association that —

(a) does not appear at the time and place mentioned in the summons or notice to attend court; or

(b) fails to comply with the legal formalities relating to the appointment of a representative who purports to appear for the accused body corporate, limited liability partnership, partnership or unincorporated association at the time and place mentioned in the summons or notice to attend court.

[19/2018]

(5)  The accused is not discharged by a declaration made under subsection (3).

[19/2018]

(6)  Subsections (2) and (3) do not affect any right to appeal against any decision made by the court in the proceedings in the absence of the accused.

[19/2018]

[Act 25 of 2021 wef 01/04/2022]

PART 9

PRE-TRIAL PROCEDURES IN THE STATE COURTS

[5/2014]

Division 1 — General matters

Interpretation of this Part

157.  In this Part —

“Case for the Defence” means the document by that name mentioned in section 165;

“Case for the Prosecution” means the document by that name mentioned in section 162;

“co-accused” means any person who is to be tried jointly with an accused and to whom the criminal case disclosure procedures apply by virtue of section 159;

“court” means a Magistrate’s Court or a District Court, as the case may be;

“criminal case disclosure conference” means any conference held under Division 2 in respect of any offence to which the criminal case disclosure procedures apply by virtue of section 159;

“criminal case disclosure procedures” means the procedures under Division 2.

Reading of charge

158.  In a case to be tried in a Magistrate’s Court or District Court, the following provisions apply:

(a) when an accused is first charged in the court for an offence, a charge must be framed, read and explained to the accused;

(b) the accused must be asked whether he or she wishes to claim trial or plead guilty to the charge unless either party to the case applies for, and the court grants, an adjournment without the plea being recorded;

(c) if the accused, after he or she has been asked to plead —

(i) pleads guilty to the charge, Division 3 of Part 11 applies;

(ii) refuses to plead or does not plead or claims trial to the charge, and the case is subject to the criminal case disclosure procedures by virtue of section 159, Division 2 applies; or

(iii) refuses to plead or does not plead or claims trial to the charge, and the case is not subject to the criminal case disclosure procedures by virtue of section 159, Division 4 applies.

When criminal case disclosure procedures apply

159.—(1)  The criminal case disclosure procedures apply to an offence which ––

(a) is specified in the Second Schedule; and

(b) is to be tried in a District Court.

[Act 5 of 2024 wef 14/02/2025]

(2)  [Deleted by Act 5 of 2024 wef 14/02/2025]

(3)  For any offence other than an offence mentioned in subsection (1), the criminal case disclosure procedures do not apply unless all parties consent to have the procedures apply.

Division 2 — Criminal case disclosure procedures

Criminal case disclosure conference

160.—(1)  The prosecution and the defence must attend a criminal case disclosure conference as directed by a court in accordance with this Division for the purpose of settling the following matters:

(a) the filing of the Case for the Prosecution and the Case for the Defence;

(b) any issues of fact or law which are to be tried by the trial judge at the trial proper;

(c) the list of witnesses to be called by the parties to the trial;

(d) the statements, documents or exhibits which are intended by the parties to the case to be admitted at the trial;

(e) the trial date.

[19/2018]

(2)  The Magistrate or District Judge who presides over a criminal case disclosure conference must not make any order in relation to any matter mentioned in subsection (1) in the absence of any party if the order is prejudicial to that party.

(3)  Where an accused claims trial, the Magistrate or District Judge who had presided over the criminal case disclosure conference in relation to the accused’s case must not conduct the trial.

(4)  Where the defence informs the court during any criminal case disclosure conference conducted under this Division that the accused intends to plead guilty to the charge, the court must fix a date for the accused’s plea to be taken in accordance with Division 3 of Part 11.

[19/2018]

When Case for the Prosecution is served

161.—(1)  In a case where the criminal case disclosure procedures apply by virtue of section 159, and on the date the accused is asked by the court how the accused wishes to plead and the accused refuses to plead or does not plead or claims trial, the court must, unless there are good reasons, fix a first criminal case disclosure conference not earlier than 8 weeks from that date.

(2)  If, at the first criminal case disclosure conference, or such other date to which the first criminal case disclosure conference has been adjourned under section 238, the defence does not indicate that the accused wishes to plead guilty to the charge, the prosecution must file in court the Case for the Prosecution and serve a copy of this on the accused and every co‑accused (if any) not later than 2 weeks from the date of the first criminal case disclosure conference or such date to which the first criminal case disclosure conference is adjourned.

[19/2018]

(3)  Where at a criminal case disclosure conference, the defence indicates that the accused wishes to claim trial to more than one charge, the Case for the Prosecution to be served under subsection (2) must only relate to those charges that the prosecution intends to proceed with at the trial.

[19/2018]

(4)  The court may at any time fix a date for a further criminal case disclosure conference not earlier than 7 days from the date the Case for the Prosecution is to be filed under this section.

Contents of Case for the Prosecution

162.—(1)  The Case for the Prosecution must contain —

(a) the charge which the prosecution intends to proceed with at the trial;

(b) a summary of the facts in support of the charge;

(c) a list of the names of the witnesses for the prosecution;

(d) a list of the exhibits that are intended by the prosecution to be admitted at the trial;

(e) any written statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution;

(f) a list of every statement, made by the accused at any time to an officer of a law enforcement agency under any law, that is recorded in the form of an audiovisual recording, and that the prosecution intends to adduce in evidence as part of the case for the prosecution; and

(g) for every statement mentioned in paragraph (f), a transcript (if any) of the audiovisual recording of that statement.

Illustrations

(a) A is charged with theft of a shirt from a shop. The summary of facts should state the facts in support of the charge, for example, that A was seen taking a shirt in the shop and putting it into A’s bag, and that A left the shop without paying for the shirt.

(b) A is charged with conspiracy to cheat together with a known person and an unknown person. The summary of facts should state —

(i) when and where the conspiracy took place; and

(ii) who the known conspirators were and what they did.

(c) A is charged with robbery and 3 separate written statements, X, Y and Z were recorded from A by the police at 3 different time periods. If the prosecution intends to adduce in evidence as part of the Case for the Prosecution statement Y, but not statements X and Z, the Case for the Prosecution must contain the entire statement Y. The Case for the Prosecution need not contain statements X and Z.

[19/2018]

(2)  Where the Case for the Prosecution has been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(f) at a police station or at any other prescribed place.

[19/2018]

When Case for the Defence is served

163.—(1)  At the further criminal case disclosure conference held on the date mentioned in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the defence does not indicate that the accused wishes to plead guilty, the defence must —

(a) file in court the Case for the Defence; and

(b) serve a copy of that Case on the prosecution and on every co‑accused who is claiming trial with the accused (if any),

not later than 2 weeks after the date on which the further criminal case disclosure conference is held.

[19/2018]

(2)  The court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under subsection (1) and after the prosecution is to serve on the defence copies of the statements, exhibits and records mentioned in section 166(1).

[19/2018]

(3)  If the defence does not file in court the Case for the Defence, or does not serve the Case for the Defence, as required under subsection (1) —

(a) the accused may be cross‑examined on why the Case for the Defence was not filed or served, as the case may be; and

(b) the court may consider the accused’s evidence under the cross-examination and draw such inference as it thinks fit under section 169(1)(a) or (aa).

[Act 5 of 2024 wef 14/02/2025]

Court to explain to unrepresented accused certain requirements and consequences

164.  At the further criminal case disclosure conference held on the date mentioned in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the accused is not represented by an advocate, the court must explain to the accused, in accordance with the prescribed form, the requirements of section 163(1), the effect of section 166 and the consequences provided under section 169(1).

Contents of Case for the Defence

165.—(1)  The Case for the Defence must contain —

(a) a summary of the defence to the charge and the facts in support of the defence;

(b) a list of the names of the witnesses for the defence;

(c) a list of the exhibits that are intended by the defence to be admitted at the trial; and

(d) if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —

(i) a statement of the nature of the objection;

(ii) the issue of fact on which evidence will be produced; and

(iii) the points of law in support of such objection.

Illustration 1

          A is charged with robbery. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim gave the items to A voluntarily) and any issue of law which A intends to rely on (for example, that A’s act did not amount to robbery as the elements of that offence were not made out, or that a general exception in Chapter 4 or right of private defence in Chapter 4A of the Penal Code 1871 applied in this case).

Illustration 2

          The accused, A, intends to challenge, at the trial, the voluntariness of A’s statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements A intends to challenge and the facts that A intends to rely on to support A’s challenge.

[15/2019]

(2)  Despite subsection (1), an accused who is not represented by an advocate need not state any —

(a) objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or

(b) point of law in support of any objection raised by the defence.

Time for service of other statements and exhibits

166.—(1)  Where the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks after the date on which the Case for the Defence is served, serve on the defence copies of —

(a) every other written statement given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial;

(aa) for every other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law in relation to the charge or charges that the prosecution intends to proceed with at the trial, a transcript (if any) of the audiovisual recording of that statement;

(b) each documentary exhibit mentioned in section 162(1)(d); and

(c) criminal records (if any) of the accused, upon payment of the prescribed fee.

[19/2018]

(2)  Where the documents mentioned in subsection (1) have been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(aa) at a police station or at any other prescribed place.

[19/2018]

(2A)  Despite subsection (1), where any documentary exhibit mentioned in section 162(1)(d) consists of any image (whether contained in a video recording, photograph or any other medium) of an individual’s genital or anal region, or the breasts of a woman —

(a) the prosecution is not required to serve a copy of the documentary exhibit on the defence; but

(b) the prosecution must, if requested by the defence, arrange for the defence to view the documentary exhibit at a police station or a prescribed place.

[Act 5 of 2024 wef 26/05/2025]

(3)  Where the Case for the Defence has not been served on the prosecution, the prosecution —

(a) need not serve on the defence any written statement, exhibit, transcript or record mentioned in subsection (1);

(b) need not arrange for the viewing mentioned in subsection (2) of the audiovisual recording of any statement mentioned in subsection (1)(aa);

[Act 5 of 2024 wef 26/05/2025]

(ba) need not arrange for the viewing mentioned in subsection (2A)(b) of any documentary exhibit mentioned in subsection (2A); and

[Act 5 of 2024 wef 26/05/2025]

(c) may use any such statement, exhibit, transcript, record, audiovisual recording or documentary exhibit at the trial.

[Act 5 of 2024 wef 26/05/2025]

[19/2018]

(4)  Where the Case for the Defence has been served on the prosecution, the defence must, within 2 weeks after the date on which the Case for the Defence is served, serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 165(1)(c) and is in the possession, custody or power of the accused.

[19/2018]

(5)  The obligations of the prosecution under subsections (1), (2) and (2A)(b) and the obligation of the defence under subsection (4) are independent of each other.

[19/2018]

[Act 5 of 2024 wef 26/05/2025]

Fixing dates for trial

167.  If, at the further criminal case disclosure conference held on the date mentioned in section 163(2), the defence does not indicate that the accused wishes to plead guilty, the court may fix a date for trial.

[19/2018]

If co-accused charged subsequently

168.  If, subsequent to any criminal case disclosure conference held under this Division in relation to an accused, a co‑accused is charged, the court may do all or any of the following:

(a) order the prosecution to serve on the co‑accused the Case for the Prosecution in relation to the accused;

(b) order the accused to serve on the co‑accused the accused’s Case for the Defence, if any.

Division 3 — Non-compliance with Division 2

Consequences of non-compliance with Division 2

169.—(1)  The court may draw such inference as it thinks fit if —

(a) the prosecution fails to serve the Case for the Prosecution on the defence, or the defence fails to serve the Case for the Defence after the Case for the Prosecution has been served on the defence;

(aa) the prosecution fails to file the Case for the Prosecution in court, or the defence fails to file the Case for the Defence in court after the Case for the Prosecution has been served on the defence;

[Act 5 of 2024 wef 14/02/2025]

(b) the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 162(1) or 165(1), respectively;

[Act 5 of 2024 wef 14/02/2025]

(ba) the prosecution fails to serve on the defence any copy of a statement, transcript, documentary exhibit or criminal record that the prosecution is required under section 166 to serve on the defence;

[Act 5 of 2024 wef 14/02/2025]

(bb) the defence fails to serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 165(1)(c) and is in the possession, custody or power of the accused; or

(c) the prosecution or the defence puts forward a case at the trial which differs from or is otherwise inconsistent with the Case for the Prosecution or the Case for the Defence, respectively, that has been filed.

[19/2018]

(2)  A court may order a discharge not amounting to an acquittal in relation to a charge that the prosecution intends to proceed with at trial, if —

(a) the prosecution fails to serve the Case for the Prosecution in respect of that charge within the time permitted under section 161;

(aa) the prosecution fails to file the Case for the Prosecution in court;

[Act 5 of 2024 wef 14/02/2025]

(b) the Case for the Prosecution does not contain any or any part of the items specified in section 162; or

(c) the prosecution fails to serve on the defence, within the time permitted under section 166, any copy of a statement, transcript, documentary exhibit or criminal record that the prosecution is required under that provision to serve on the defence.

[Act 5 of 2024 wef 14/02/2025]

[19/2018]

(3)  Without affecting the generality of subsection (1), if any matter mentioned in paragraph (a), (aa), (b), (ba), (bb) or (c) of subsection (1) is satisfied, the court may in determining —

(a) whether there is a case to answer; and

(b) whether the accused is guilty of the offence charged or not,

draw such inferences from the matter as appear proper.

[Act 5 of 2024 wef 14/02/2025]

(4)  Any matter from which a court may draw such inferences under subsection (3) may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given by or against the accused in relation to which the matter is material.

[Act 5 of 2024 wef 14/02/2025]

Division 4 — Where criminal case disclosure procedures do not apply

Court to try accused or transfer case

170.  In a case where the criminal case disclosure procedures do not apply by virtue of section 159, and on the date the accused is asked by the court how the accused wishes to plead and the accused refuses to plead or does not plead or claims trial, the court may —

(a) proceed to try the accused immediately or on such date as the court directs; or

(b) transfer the case to another court of equal jurisdiction for the case to be tried in accordance with Part 12 at a later date.

Case conference

171.  In a case where the criminal case disclosure procedures do not apply by virtue of section 159, a court may, at any time, fix the date for and conduct a case conference to settle any administrative matter in relation to a trial.

[Act 25 of 2021 wef 01/04/2022]

PART 10

PRE-TRIAL PROCEDURES IN GENERAL DIVISION OF HIGH COURT

[40/2019]

Division 1 — General matters

Interpretation of this Part

172.  In this Part —

“Case for the Defence” means the document by that name mentioned in section 217;

“Case for the Prosecution” means the document by that name mentioned in section 214;

“co-accused” means any person who is to be tried jointly with an accused in the General Division of the High Court;

“criminal case disclosure conference” means any conference held under sections 212 to 220 in respect of any offence to which the criminal case disclosure procedures apply by virtue of section 211A;

“criminal case disclosure procedures” means the procedures under sections 212 to 220.

[19/2018; 14/2019; 40/2019]

When accused first produced in court

173.  In a case that is triable only in the General Division of the High Court, the accused must be first produced before a Magistrate’s Court and the charge must be explained to the accused but the accused must not be called upon to plead thereto.

[40/2019]

Remand of accused

174.  Any such person produced under section 173 may be remanded in accordance with section 238.

Procedure for cases to be tried in General Division of High Court

175.  The transmission procedures under Division 5 apply to every offence that is to be tried in the General Division of the High Court.

[19/2018; 40/2019]

Division 2 — [Repealed by Act 19 of 2018]

176.  [Repealed by Act 19 of 2018]

177.  [Repealed by Act 19 of 2018]

178.  [Repealed by Act 19 of 2018]

179.  [Repealed by Act 19 of 2018]

180.  [Repealed by Act 19 of 2018]

181.  [Repealed by Act 19 of 2018]

182.  [Repealed by Act 19 of 2018]

183.  [Repealed by Act 19 of 2018]

184.  [Repealed by Act 19 of 2018]

185.  [Repealed by Act 19 of 2018]

186.  [Repealed by Act 19 of 2018]

187.  [Repealed by Act 19 of 2018]

188.  [Repealed by Act 19 of 2018]

189.  [Repealed by Act 19 of 2018]

190.  [Repealed by Act 19 of 2018]

191.  [Repealed by Act 19 of 2018]

192.  [Repealed by Act 19 of 2018]

193.  [Repealed by Act 19 of 2018]

194.  [Repealed by Act 19 of 2018]

195.  [Repealed by Act 19 of 2018]

196.  [Repealed by Act 19 of 2018]

197.  [Repealed by Act 19 of 2018]

198.  [Repealed by Act 19 of 2018]

Division 3 — [Repealed by Act 19 of 2018]

199.  [Repealed by Act 19 of 2018]

200.  [Repealed by Act 19 of 2018]

201.  [Repealed by Act 19 of 2018]

202.  [Repealed by Act 19 of 2018]

203.  [Repealed by Act 19 of 2018]

204.  [Repealed by Act 19 of 2018]

205.  [Repealed by Act 19 of 2018]

206.  [Repealed by Act 19 of 2018]

207.  [Repealed by Act 19 of 2018]

208.  [Repealed by Act 19 of 2018]

Division 4 — [Repealed by Act 19 of 2018]

209.  [Repealed by Act 19 of 2018]

Division 5 — Transmission proceedings

Transmission of case to General Division of High Court

210.—(1)  Where the Public Prosecutor is of the opinion that an offence must or ought to be tried in the General Division of the High Court, the Public Prosecutor must, by fiat in writing signed by the Public Prosecutor, designate the General Division of the High Court to try the offence.

[19/2018; 40/2019]

(2)  Upon receipt of the fiat mentioned in subsection (1) together with the charge, the Magistrate’s Court must cause the charge to be read and explained to the accused and thereafter —

(a) transmit the case to the General Division of the High Court for the purpose of trial; and

(b) order that the accused be remanded in custody until and during the trial, unless the accused is released on bail.

[40/2019]

(3)  To avoid doubt, a Magistrate’s Court can continue to exercise powers under Division 5 of Part 6 in relation to a case that has been transmitted under subsection (2) to the General Division of the High Court for the purpose of trial.

[19/2018; 40/2019]

Public Prosecutor may issue subsequent fiat

211.  If the Public Prosecutor has by his or her fiat designated the General Division of the High Court for the trial of the accused, the Public Prosecutor may nevertheless by subsequent fiat addressed to the General Division of the High Court designate a District Court or a Magistrate’s Court for the trial.

[40/2019]

When criminal case disclosure procedures apply

211A.—(1)  The criminal case disclosure procedures in this Division apply to any offence —

(a) that must be tried in the General Division of the High Court; or

(b) that —

(i) is set out in a written law specified in the Second Schedule; and

(ii) the Public Prosecutor designates the General Division of the High Court to try.

[19/2018; 40/2019]

(2)  The criminal case disclosure procedures in this Division also apply to any offence that is to be tried in the General Division of the High Court, but is not mentioned in subsection (1), if all parties consent to have those procedures apply to that offence.

[19/2018; 40/2019]

Procedure after case has been transmitted to General Division of High Court

212.—(1)  Where the criminal case disclosure procedures in this Division apply by virtue of section 211A, after the case has been transmitted to the General Division of the High Court, the prosecution and the defence must, unless the Registrar of the Supreme Court for good reason directs otherwise, attend a first criminal case disclosure conference, not earlier than 4 weeks from the date of transmission as directed by the Registrar of the Supreme Court for the purpose of settling the following matters:

(a) the filing of the Case for the Prosecution and the Case for the Defence;

(b) any issues of fact or law which are to be tried by the trial judge at the trial proper;

(c) the list of witnesses to be called by the parties to the trial;

(d) the statements, documents or exhibits which are intended by the parties to be admitted at the trial;

(e) the trial date.

[19/2018; 40/2019]

(2)  The Registrar of the Supreme Court must not make any order in relation to any matter mentioned in subsection (1) in the absence of any party if the order is prejudicial to that party.

(3)  Where the defence informs the Registrar of the Supreme Court during any criminal case disclosure conference conducted under this Division that the accused intends to plead guilty to the charge, the Registrar must fix a date for the accused’s plea to be taken in accordance with Division 3 of Part 11.

[19/2018]

When Case for the Prosecution is served

213.—(1)  If, at the first criminal case disclosure conference held on the date referred to in section 212(1), or on such other date to which the first criminal case disclosure conference has been adjourned under section 238, the defence does not indicate that the accused wishes to plead guilty to the charge, the prosecution must file in the General Division of the High Court the Case for the Prosecution and serve a copy of this on the accused and every co‑accused claiming trial with the accused (if any) not later than 2 weeks from the date of the first criminal case disclosure conference or such date to which the first criminal case disclosure conference is adjourned.

[19/2018; 40/2019]

(2)  Where at a criminal case disclosure conference, the defence indicates that the accused wishes to claim trial to more than one charge, the Case for the Prosecution to be served under subsection (1) shall only relate to those charges that the prosecution intends to proceed with at the trial.

[19/2018]

(3)  The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference not earlier than 7 days from the date the Case for the Prosecution is to be filed under this section.

Contents of Case for the Prosecution

214.—(1)  The Case for the Prosecution must contain the following:

(a) a copy of the charge which the prosecution intends to proceed with at the trial;

(aa) a summary of the facts in support of the charge;

[Act 5 of 2024 wef 14/02/2025]

(b) a list of the names of the witnesses for the prosecution;

(c) a list of exhibits that are intended by the prosecution to be admitted at the trial;

(d) the statements of the witnesses under section 264 that are intended by the prosecution to be admitted at the trial;

(e) any written statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution;

(f) a list of every statement, made by the accused at any time to an officer of a law enforcement agency under any law, that is recorded in the form of an audiovisual recording, and that the prosecution intends to adduce in evidence as part of the case for the prosecution;

(g) for every statement mentioned in paragraph (f), a transcript (if any) of the audiovisual recording of that statement.

[19/2018]

(2)  Where the Case for the Prosecution has been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(f) at a police station or at any other prescribed place.

[19/2018]

When Case for the Defence is served

215.—(1)  If, at the further criminal case disclosure conference held on the date referred to in section 213(3) or on such other date to which the further criminal case disclosure conference has been adjourned under section 238, the defence does not indicate that the accused wishes to plead guilty, the defence must, not later than 2 weeks after the date of the further criminal case disclosure conference —

(a) file in the General Division of the High Court the Case for the Defence; and

(b) serve a copy of the Case for the Defence on the prosecution and on every co‑accused claiming trial with the accused, if any.

[Act 5 of 2024 wef 14/02/2025]

(2)  The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under this section and after the prosecution is to serve on the defence copies of the statements and records mentioned in section 218(1).

(3)  If the defence does not file in court the Case for the Defence, or does not serve the Case for the Defence, as required under subsection (1) —

(a) the accused may be cross‑examined on why the Case for the Defence was not filed or served, as the case may be; and

(b) the court may consider the accused’s evidence under the cross‑examination and draw such inference as it thinks fit under section 221(1)(a) or (b).

[Act 5 of 2024 wef 14/02/2025]

Court to explain to unrepresented accused certain matters

216.  If, at the further criminal case disclosure conference held on the date mentioned in section 215(1), the accused is not represented by an advocate, the Registrar of the Supreme Court must explain to the accused, in accordance with the prescribed form, the requirements under section 215(1), the effect of section 218 and the consequences provided under section 221.

[Act 5 of 2024 wef 14/02/2025]

Contents of Case for the Defence

217.—(1)  The Case for the Defence must contain —

(a) a summary of the defence to the charge and the facts in support of the defence;

(b) a list of the names of the witnesses for the defence;

(c) a list of the exhibits that are intended by the defence to be admitted at the trial; and

(d) if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —

(i) a statement of the nature of the objection;

(ii) the issue of fact on which evidence will be produced; and

(iii) the points of law in support of such objection.

Illustration 1

          A is charged with robbery. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim gave the items to A voluntarily) and any issue of law which A intends to rely on (for example, that A’s act did not amount to robbery as the elements of that offence were not made out, or that a general exception in Chapter 4 or right of private defence in Chapter 4A of the Penal Code 1871 applied in this case).

Illustration 2

          The accused, A, intends to challenge, at the trial, the voluntariness of A’s statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements A intends to challenge and the facts that A intends to rely on to support A’s challenge.

[15/2019]

(2)  Despite subsection (1), an accused who is not represented by an advocate need not state any —

(a) objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or

(b) point of law in support of any objection raised by the defence.

Time for service of other statements, etc.

218.—(1)  After the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks after the date on which the Case for the Defence is served, serve on the defence copies of —

(a) every other written statement given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial;

(aa) for every other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law in relation to the charge or charges that the prosecution intends to proceed with at the trial, a transcript (if any) of the audiovisual recording of that statement;

[Act 5 of 2024 wef 14/02/2025]

(ab) each documentary exhibit mentioned in section 214(1)(c) that has not been served on the defence; and

[Act 5 of 2024 wef 14/02/2025]

(b) criminal records (if any) of the accused, upon payment of the prescribed fee.

[19/2018]

(2)  Where the documents mentioned in subsection (1) have been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(aa) at a police station or at any other prescribed place.

[19/2018]

(2A)  Despite subsection (1), where any documentary exhibit mentioned in section 214(1)(c) consists of any image (whether contained in a video recording, photograph or any other medium) of an individual’s genital or anal region, or the breasts of a woman —

(a) the prosecution is not required to serve a copy of the documentary exhibit on the defence; but

(b) the prosecution must, if requested by the defence, arrange for the defence to view the documentary exhibit at a police station or a prescribed place.

[Act 5 of 2024 wef 26/05/2025]

(3)  Where the Case for the Defence has not been served on the prosecution, the prosecution —

(a) need not serve on the defence any written statement, exhibit, transcript or record mentioned in subsection (1);

[Act 5 of 2024 wef 14/02/2025]

(b) need not arrange for the viewing mentioned in subsection (2) of the audiovisual recording of any statement mentioned in subsection (1)(aa);

[Act 5 of 2024 wef 26/05/2025]

(ba) need not arrange for the viewing mentioned in subsection (2A)(b) of any documentary exhibit mentioned in subsection (2A); and

[Act 5 of 2024 wef 26/05/2025]

(c) may use any such statement, transcript, record, audiovisual recording or documentary exhibit at the trial.

[19/2018]

[Act 5 of 2024 wef 14/02/2025]

(4)  Where the Case for the Defence has been served on the prosecution, the defence must, within 2 weeks after the date on which the Case for the Defence is served, serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 217(1)(c) and is in the possession, custody or power of the accused.

[19/2018]

(5)  The obligations of the prosecution under subsections (1), (2) and (2A)(b) and the obligation of the defence under subsection (4) are independent of each other.

[19/2018]

[Act 5 of 2024 wef 26/05/2025]

Fixing dates for trial

219.  If, at the further criminal case disclosure conference held on the date mentioned in section 215(2), the defence does not indicate that the accused wishes to plead guilty, the Registrar of the Supreme Court may fix a date for trial.

[19/2018]

If co-accused charged subsequently

220.  If, subsequent to any criminal case disclosure conference held under this Division in relation to an accused, a co‑accused is charged, the Registrar of the Supreme Court may do all or any of the following:

(a) order the prosecution to serve on the co‑accused the Case for the Prosecution in relation to the accused;

(b) order the accused to serve on the co‑accused the accused’s Case for the Defence, if any.

Case conference

220A.  Regardless whether the criminal case disclosure procedures in this Division apply by virtue of section 211A, the Registrar of the Supreme Court may, at any time, fix the date for and conduct a case conference to settle any administrative matter in relation to a trial.

[19/2018]

[Act 25 of 2021 wef 01/04/2022]

Division 6 — Non-compliance with certain requirements in Division 5

Consequences of non-compliance with certain requirements in Division 5

221.—(1)  The court may draw such inference as it thinks fit if —

(a) the prosecution fails to serve the Case for the Prosecution on the defence, or the defence fails to serve the Case for the Defence after the Case for the Prosecution has been served on the defence;

(b) the prosecution fails to file the Case for the Prosecution in court, or the defence fails to file the Case for the Defence in court after the Case for the Prosecution has been served on the defence;

(c) the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 214(1) or 217(1), respectively;

(d) the prosecution fails to serve on the defence any copy of a statement, transcript, documentary exhibit or criminal record that the prosecution is required under section 218 to serve on the defence;

(e) the defence fails to serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 217(1)(c) and is in the possession, custody or power of the accused; or

(f) the prosecution or the defence puts forward a case at the trial which differs from or is otherwise inconsistent with the Case for the Prosecution or the Case for the Defence, respectively, that has been filed.

(2)  A court may order a discharge not amounting to an acquittal in relation to a charge that the prosecution intends to proceed with at trial, if —

(a) the prosecution fails to serve the Case for the Prosecution in respect of that charge within the time permitted under section 213;

(b) the prosecution fails to file the Case for the Prosecution in court within the time permitted under section 213;

(c) the Case for the Prosecution does not contain any or any part of the items specified in section 214(1); or

(d) the prosecution fails to serve on the defence, within the time permitted under section 218, any copy of a statement, transcript, documentary exhibit or criminal record that the prosecution is required under that provision to serve on the defence.

(3)  Without affecting the generality of subsection (1), if any matter mentioned in paragraph (a), (b), (c), (d), (e) or (f) of subsection (1) is satisfied, the court may in determining —

(a) whether there is a case to answer; and

(b) whether the accused is guilty of the offence charged or not,

draw such inferences from the matter as appear proper.

(4)  Any matter from which a court may draw such inferences under subsection (3) may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given by or against the accused in relation to which the matter is material.

[Act 5 of 2024 wef 14/02/2025]

PART 10A

PROSECUTION’S OBLIGATION TO SERVE CERTAIN MATERIALS ON DEFENCE

[Act 5 of 2024 wef 14/02/2025]

Meanings of unused material and material witness

221A.—(1)  In this Part, “unused material” means any material —

(a) in the prosecution’s possession, other than —

(i) any written statement made by an accused at any time and recorded by an officer of a law enforcement agency under any law; or

(ii) any other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law, including a transcript (if any) of the audiovisual recording of that statement;

(b) that the prosecution —

(i) does not include either in the list of exhibits mentioned in section 162(1)(d) or 214(1)(c) or in a notice mentioned in section 231, where the criminal case disclosure procedures apply; or

(ii) does not intend to adduce in evidence at the trial of any charge or charges in a case where the criminal case disclosure procedures do not apply in relation to the charge or charges;

(c) that is —

(i) likely to be admissible and is prima facie credible and relevant to the guilt or innocence of an accused; or

(ii) likely to be inadmissible, but would provide a real (not fanciful) chance of pursuing a line of inquiry that leads to material that falls within the description in sub‑paragraph (i); and

(d) that either tends to —

(i) undermine the prosecution’s case; or

(ii) support the accused’s defence as stated by the accused in —

(A) the accused’s statement or statements to the relevant law enforcement agency;

(B) the Case for the Defence; or

(C) the accused’s testimony in court.

Illustrations

(a) A and B are charged with the murder of C in C’s house. A witness D gave a statement to the police that only one intruder was in C’s house at the time of the murder. If D’s statement is in the prosecution’s possession and the prosecution did not include the statement in either the list of exhibits mentioned in section 214(1)(c) or a notice mentioned in section 231, D’s statement constitutes unused material if —

(i) the prosecution’s case is that both A and B broke into C’s house and killed C;

(ii) A’s statement or statements to the relevant law enforcement agency or Case for the Defence states that A was not at C’s house at the time of the murder; or

(iii) A gives testimony in court that A was not at C’s house at the time of the murder.

(b) An anonymous letter to a police officer investigating an offence that contains a bare assertion that the accused is not guilty of the offence does not constitute unused material if the police is unable to trace the identity of the person who wrote the letter.

(c) A photograph of a room where a murder was committed taken a long time after the murder, and after the room has been renovated such that it no longer resembles what it looked like at the time of the murder, does not constitute unused material.

(d) A statement of a person (A) that A had committed the offence of voluntarily causing grievous hurt, instead of the accused, does not constitute unused material if it is incontrovertible that A was not at the scene of the crime when the offence was committed.

(2)  In this Part, “material witness” means any witness (other than a prosecution witness) who may confirm or contradict, in material respects, an accused’s defence as set out in —

(a) the accused’s statement or statements to the relevant law enforcement agency;

(b) the Case for the Defence; or

(c) the accused’s testimony in court.

(3)  For the purpose of determining what the accused’s defence is for the purposes of subsection (1)(d)(ii) or (2) or section 221B(2), any defence that cannot reasonably be ascertained from the accused’s statement or statements to the relevant law enforcement agency, the Case for the Defence or the accused’s testimony in court is to be disregarded.

(4)  In subsections (1)(d)(ii), (2)(a) and (3) and section 221B(2), “accused’s statement” means —

(a) any written statement made by the accused at any time and recorded by an officer of the relevant law enforcement agency; or

(b) any statement made by the accused at any time to an officer of the relevant law enforcement agency, that is recorded in the form of an audiovisual recording.

(5)  In this section, “Case for the Defence” and “criminal case disclosure procedures” have the meanings given by section 157 or 172, as the case may be.

[Act 5 of 2024 wef 14/02/2025]

Prosecution’s obligation to serve certain materials on defence

221B.—(1)  Without affecting any requirement imposed under any rule of law (so far as it is not inconsistent with this Code or any other written law) relating to the prosecution’s obligation to serve on the defence any type of material in the prosecution’s possession, or the time of service of such material, the prosecution must serve the following materials on the defence in accordance with this section:

(a) any unused material in relation to the charge or charges to be, or that are, proceeded with at the trial;

(b) any statement of any material witness that relates to the charge or charges to be, or that are, proceeded with at the trial;

(c) any written statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges to be, or that are, proceeded with at the trial, which the prosecution did not —

(i) adduce in evidence at the trial at any time before the accused has completed his or her testimony in court or has elected not to testify, whichever is applicable; or

(ii) serve on the defence under section 161(2), 166(1), 213(1) or 218(1);

(d) a transcript (if any) of any other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law in relation to the charge or charges proceeded with at the trial, which the prosecution did not —

(i) adduce in evidence at the trial at any time before the accused has completed his or her testimony in court or has elected not to testify, whichever is applicable; or

(ii) serve on the defence under section 161(2), 166(1), 213(1) or 218(1).

(2)  To avoid doubt, the prosecution is not required to serve any statement of a prosecution witness who may confirm or contradict, in material respects, an accused’s defence as set out in the accused’s statement or statements to the relevant law enforcement agency, the Case for the Defence, or the accused’s testimony in court, unless the statement constitutes unused material.

(3)  Where in relation to the charge or charges against an accused that the prosecution intends to proceed with at the trial, the criminal case disclosure procedures apply by virtue of section 159 or 211A, the prosecution is required to serve on the defence the following materials at the following times:

(a) the materials mentioned in subsection (1)(a) that relate to the charge or charges at the same time that the Case for the Prosecution is served on the defence under section 161(2) or 213(1);

(b) the materials mentioned in subsection (1)(b) that relate to the charge or charges —

(i) in the case where the Case for the Defence has been served on the prosecution in accordance with section 163(1) or 215(1) — at the same time as the service of the documents under section 166(1) or 218(1); or

(ii) in the case where the Case for the Defence has not been served on the prosecution in accordance with section 163(1) or 215(1) — after the accused has testified in court or has elected not to testify in court;

(c) the materials mentioned in subsection (1)(c) and (d) that relate to the charge or charges, after the accused has testified in court or has elected not to testify in court.

(4)  Where in relation to the charge or charges against an accused that the prosecution intends to proceed with at the trial, the criminal case disclosure procedures do not apply by virtue of section 159 or 211A, the prosecution is required to serve on the defence the following materials at the following times:

(a) the materials mentioned in subsection (1)(a) that relate to the charge or charges, before the commencement of the trial of the charge or charges;

(b) the materials mentioned in subsection (1)(b), (c) or (d) that relate to the charge or charges, after the accused has testified in court or has elected not to testify in court.

(5)  This section does not affect the operation of any written law or rule of law concerning privilege, secrecy or the protection or non‑disclosure of any information.

[Act 5 of 2024 wef 14/02/2025]

No obligation on prosecution to serve list of materials in prosecution’s possession

221C.  To avoid doubt, the prosecution is not obliged by any written law or rule of law to serve on the defence a list of all materials in the prosecution’s possession that the prosecution does not intend to adduce in evidence as part of the prosecution’s case during the trial.

[Act 5 of 2024 wef 14/02/2025]

Continuing obligation of prosecution to serve unused material or statement of material witness, etc.

221D.—(1)  If during the period —

(a) after any unused material, or statement of any material witness, that relates to any charge or charges to be, or that are, proceeded with at the trial against an accused, has been served on the defence pursuant to the time for service under section 221B; and

(b) before the accused is convicted or acquitted of the charge or charges, or where there is an appeal, before any appeal in relation to the charge or charges is finally disposed of,

the prosecution becomes aware of any unused material, or statement of any material witness, that relates to the charge or charges and that is in the prosecution’s possession and has not been served on the defence, the prosecution must serve such other unused material or statement (as the case may be) on the defence as soon as reasonably practicable after becoming so aware.

(2)  If in respect of any charge or charges to be, or that are, proceeded with at the trial against an accused person —

(a) any material witness is identified within the period mentioned in subsection (1); but

(b) the prosecution is not in possession of any statement recorded from that material witness by any law enforcement agency,

there is no obligation on the prosecution to require any law enforcement agency to record a statement from that material witness.

(3)  This section does not affect the operation of any written law or rule of law concerning privilege, secrecy or the protection or non-disclosure of any information.

[Act 5 of 2024 wef 14/02/2025]