Long Title

Part I PRELIMINARY

Part II CRIMINAL JURISDICTION OF SUBORDINATE COURTS

Part III POWERS OF ATTORNEY-GENERAL AND PUBLIC PROSECUTOR

Part IV INFORMATION TO POLICE AND POWERS OF INVESTIGATION

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

Division 2 — Search and seizure

Part V PREVENTION OF OFFENCES

Division 1 — Security for keeping peace and for good behaviour

Division 2 — Proceedings following order to provide security

Division 3 — Unlawful assemblies

Division 4 — Preventive action of police

Part VI ARREST AND BAIL AND PROCESSES TO COMPEL APPEARANCE

Division 1 — Arrest without warrant

Division 2 — Arrest with warrant

Division 3 — General provisions for arrests with or without warrant

Division 4 — Proclamation and attachment

Division 5 — Bails and bonds

Division 6 — Notice to attend court and bonds to appear in court

Division 7 — Surrender of travel document and requirement to remain in Singapore

Division 8 — Summons to appear in court

Part VII THE CHARGE

Part VIII INITIATION OF CRIMINAL PROCEEDINGS AND COMPLAINT TO MAGISTRATE

Part IX PRE-TRIAL PROCEDURES IN THE SUBORDINATE COURTS

Division 1 — General matters

Division 2 — Criminal case disclosure procedures

Division 3 — Non-compliance with Division 2

Division 4 — Where criminal case disclosure procedures do not apply

Part X PRE-TRIAL PROCEDURES IN HIGH COURT

Division 1 — General matters

Division 2 — Committal procedures for cases triable by High Court

Division 3 — Supplementary provisions to committal procedures

Division 4 — Non-compliance with certain requirements in Division 2

Division 5 — Transmission proceedings

Division 6 — Non-compliance with certain requirements in Division 5

Part XI GENERAL PROVISIONS RELATING TO PRE-TRIAL AND PLEAD GUILTY PROCEDURES IN ALL COURTS

Division 1 — General pre-trial procedures

Division 2 — When accused pleads guilty electronically

Division 3 — Plead guilty procedures

Part XII PROCEDURE AT TRIAL IN ALL COURTS

Part XIII GENERAL PROVISIONS RELATING TO PROCEEDINGS IN COURTS

Division 1 — General provisions

Division 2 — Transfer of cases

Division 3 — Compounding of offences

Division 4 — Previous acquittals or convictions

Division 5 — Proceedings relating to persons of unsound mind

Part XIV EVIDENCE AND WITNESSES

Division 1 — Preliminary

Division 2 — Admissibility of certain types of evidence

Division 3 — Ancillary hearing

Division 4 — Special provisions relating to recording of evidence

Division 5 — Witnesses

Part XV JUDGMENT

Part XVI SENTENCES

Division 1 — Sentences in general

Division 2 — Sentence of caning

Division 3 — Suspensions, remissions and commutations of sentences

Part XVII COMMUNITY SENTENCES

Part XVIII COMPENSATION AND COSTS

Part XIX DISPOSAL OF PROPERTY

Part XX APPEALS, POINTS RESERVED, REVISIONS AND CRIMINAL MOTIONS

Division 1 — Appeals

Division 2 — Points reserved

Division 3 — Revision of proceedings before Subordinate Courts

Division 4 — Revision of orders made at criminal case disclosure conference

Division 5 — Criminal motions

Part XXI SPECIAL PROCEEDINGS

Division 1 — Proceedings in case of certain offences affecting administration of justice

Division 2 — Special proceedings — Order for review of detention

Part XXII MISCELLANEOUS

FIRST SCHEDULE Tabular Statement of Offences under the Penal Code

SECOND SCHEDULE Laws to Which Criminal Case Disclosure Procedures Apply

THIRD SCHEDULE Offences to Which Transmission Procedures Apply

FOURTH SCHEDULE Offences That May be Compounded by Victim

FIFTH SCHEDULE Types of Work

Legislative History

PART VI
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 his 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 duty, or has escaped or tries to escape from lawful custody;
(f)
is reasonably suspected of being a deserter from any force referred to in section 140B of the Penal Code (Cap. 224) or to which Chapter VII of that Code may be extended;
(g)
is trying to conceal his presence in circumstances that suggest he 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;
(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, he refuses to give his name and residential address.
(2)  A police officer may arrest such a person who gives a residential address outside Singapore, or a name or residential address which the police officer has reason to believe is false.
(3)  Any person arrested under this section must 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.
(4)  If the person refuses or is unable to sign the bond as required, he 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.
(5)  The person who is brought before a Magistrate’s Court under subsection (4) may —
(a)
be ordered to be detained in custody until he 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.
Arrest by private person
66.
—(1)  Any private person may arrest any person who, in his 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 or take him to a police station.
(3)  If there is reason to believe that the arrested person is a person referred to in section 64(1), a police officer must re-arrest him.
(4)  If there is reason to believe that the arrested person has committed a non-arrestable offence and he refuses to give his 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, he may be dealt with under section 65.
(5)  If there is no reason to believe that the arrested person has committed any offence, he must be released at once.
(6)  A person who commits an offence against any other person (referred to in this subsection as the victim) or that other person’s property may, if —
(a)
his name and residential address are unknown;
(b)
he gives a residential address outside Singapore; or
(c)
he 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 referred to in paragraph (c).
(7)  The person apprehended under subsection (6) may be detained until he can be delivered into the custody of a police officer, and subsections (3), (4) and (5) shall thereafter apply.
(8)  If any person being lawfully apprehended under subsection (6) assaults or forcibly resists the person by whom he is so apprehended, he 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 shall, 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)  No police officer shall 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.
(2)  Such period shall 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 or director of any law enforcement agency, or any person of a similar rank in such law enforcement agency.
(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 or director of any law enforcement agency, or any person of a similar rank in such law enforcement agency, may be executed by any person appointed by the head, director or any person of a similar rank.
(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 High Court, by a Judge of the High Court or by the Registrar of the Supreme Court.
(2)  The arrest warrant shall remain 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 his 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 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 he is required by law to produce that 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 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 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 him 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 shall be 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 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 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.
(2)  A police officer investigating an arrestable offence under Part IV 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 he has about his person, and shall 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 may be searched to find out his 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 any other person who, having lawfully gone inside to make an arrest, is detained in it.
Mode of searching women
83.  Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
Power to pursue and arrest after escape or rescue
84.
—(1)  If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued, or any police officer, may immediately pursue and arrest him for the purpose of returning him to the place where he was in lawful custody.
(2)  Sections 77 and 82 shall 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.
Release of arrested person
85.  A person arrested by a police officer must not be released except on his 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 his 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 him 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 (Cap. 329A) 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 (Cap. 227) 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 his 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 his 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 High Court under its civil jurisdiction.
(5)  An attachment of immovable property shall have no effect until the order of attachment is registered under the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157), as the case may be.
(6)  If the proclaimed person does not appear within the time specified in the proclamation, the attached property shall be 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 shall 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 personal bond, as the case may be;
“surrender to custody”, in relation to a released person, means to surrender himself 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 to do so.
When person must be released on bail or personal bond
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.
(2)  Instead of taking bail from the person, the police officer or the court may release him if he signs a personal bond without sureties.
When person accused of non-bailable offence may be released on bail
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, he may be released on bail by a police officer of or above the rank of sergeant or by the court.
(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 him.
[2/2012]
(3)  Notwithstanding 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 own personal bond.
(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 him to prison.
Conditions of bail or personal bond
94.
—(1)  A police officer or the court may impose such conditions as are necessary when granting bail or releasing the accused on personal bond under section 92 or 93.
(2)  The conditions imposed in relation to an accused under subsection (1) may include the following requirements:
(a)
to surrender any travel document in his possession;
(b)
to surrender to custody or to make himself available for investigations or to attend court on the day and at the time and place appointed for him to do so;
(c)
not to commit any offence while released on bail or on personal bond; and
(d)
not to interfere with any witness or otherwise obstruct the course of justice whether in relation to himself or any other person.
Exceptions to bail or release on personal bond
95.
—(1)  An accused shall not be released on bail or on personal bond if —
(a)
he is charged for an offence punishable with death or imprisonment for life;
(b)
having been previously released on bail or personal bond in any criminal proceedings, he had not surrendered to custody or made himself available for investigations or attended court, and the court believes that in view of this failure, he would not surrender to custody, or make himself available for investigations or attend court if released; or
(c)
he has been arrested or taken into custody under a warrant issued under section 10, 24 or 34 of the Extradition Act (Cap. 103) or endorsed under section 33 of that Act.
[2/2012]
(2)  Notwithstanding 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; or
(b)
release on bail an accused charged with an offence referred to 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.
[2/2012]
(3)  In this section, “accused” includes a “fugitive” as defined in the Extradition Act.
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.
High Court’s powers to grant or vary bail
97.
—(1)  Whether there is an appeal against conviction or not, the High Court may grant bail to any accused before it, release him on personal bond or vary the amount or conditions of the bail or personal bond required by a police officer or a Subordinate Court, and impose such other conditions for the bail or personal bond as it thinks fit.
(2)  At any stage of any proceeding under this Code, the High Court may cause any person released under this section to be arrested and may commit him to custody.
Application for bail or release on personal bond in High Court
98.
—(1)  An application to 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.
(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 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 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 on receiving the order.
(3)  No person shall 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 an address where he 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 for any other reason, any notice or process left for him at the address given shall be treated as duly served on him.
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 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 to provide sufficient sureties.
(3)  If the released person fails to provide sufficient sureties, the court may commit him to custody.
Liability to arrest for absconding or breaking conditions of bail or personal bond
103.
—(1)  If a released person under a duty to surrender to custody, or to make himself available for investigations or to attend court, does not do so, he may be arrested without a warrant.
(2)  If a released person leaves the court at any time after he has surrendered into its custody or after he has attended court on the day and at the time appointed for him 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 arrest.
(3)  A released person under a duty to surrender to custody, or to make himself available for investigations or to attend court on the day and at the time and place appointed for him to do so, may be arrested without a warrant if —
(a)
there are reasonable grounds for believing that he is unlikely to surrender to custody, or to make himself available for investigations or to attend court;
(b)
there are reasonable grounds for believing that he is likely to break or has broken any of the conditions of his bail or personal bond; or
(c)
any of his sureties informs the police or court that the person is unlikely to surrender to custody, or to make himself available for investigations or to attend court and that the surety therefore wishes to be relieved of his 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 he —
(a)
is unlikely to surrender to custody, or to make himself available for investigations or to attend court; or
(b)
has broken or is likely to break any conditions of his bail or personal bond,
the court may remand him in custody or grant him bail subject to such conditions as it thinks fit.
Duties of surety
104.
—(1)  A surety must —
(a)
ensure that the released person surrenders to custody, or makes himself available for investigations or attends court on the day and at the time and place appointed for him 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; and
(c)
ensure that the released person is within Singapore unless the released person has been permitted by the police officer referred to in section 92 or 93 (as the case may be) or the court to leave Singapore.
[2/2012]
(2)  If the surety is in breach of any of his duties, the court may, having regard to all the circumstances of the case, forfeit the whole or any part of the amount of the bond.
(3)  The court may order that any amount forfeited under subsection (2) be paid by instalments.
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.
(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 stood surety and immediately bring him 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 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 him to enter into his own personal bond and provide security acceptable to the court or officer.
Procedure on forfeiture of bond
107.
—(1)  If it is proved to a court’s satisfaction that a bond taken under this Code has been forfeited, the court —
(a)
must record the basis of such proof;
(b)
may summon before it the person bound by the bond; and
(c)
may call on him to pay the amount of the bond or to explain why he should not pay it.
(2)  If his explanation is inadequate and the amount of the bond is not paid, the court may recover the amount by issuing an order for the attachment and sale of his property.
(3)  If immovable property attached under subsection (2) 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.
(4)  If the amount of the bond is not paid or cannot be recovered by such attachment and sale, the court may commit to prison the person bound by the bond for a term not exceeding 12 months.
(5)  Any unsatisfied amount of the bond shall constitute a judgment debt in favour of the Government and nothing in this section shall prevent the Government from recovering it as such.
(6)  The court may reduce the amount of the bond and enforce part-payment only.
Appeal from orders
108.  All orders made under section 107 by any Magistrate’s Court or District Court are appealable.
Power to direct levy of amount due on bond
109.  The High Court or a District Court may direct any Magistrate’s Court to exercise the court’s power of forfeiture under section 107 in respect of a bond to appear before the High Court or District Court.
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, he 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 IV, 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, he 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)  Notwithstanding 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 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 director of that law enforcement agency or a person of a similar rank,
may require a person whom he has reasonable grounds for believing has committed any offence to surrender his travel document.
(2)  Any person who fails to surrender his 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 travel document, the Magistrate may commit him to prison until he surrenders his travel document.
(4)  For the purposes of subsection (3), a certificate signed by an authorised officer, or the head or director of any law enforcement agency or a person of a similar rank, or the head or 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 travel document is sufficient warrant for the Director of Prisons to release the prisoner.
(5)  In this section and section 113 —
“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 referred to 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.
Return of travel document
113.
—(1)  A person who has surrendered his travel document under section 112 may apply to the authorised officer, or the head or director of the law enforcement agency or a person of similar rank, or the head or 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.
(2)  Where an application under subsection (1) has been refused, the person may apply to a District Judge for the return of his 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 for his 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 High Court, by a Judge of that Court or by the Registrar of the Supreme Court.
(2)  The summons shall remain 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 referred to 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 referred to 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 referred to 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 referred to 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)  Notwithstanding subsections (1) to (4), a summons may be served in any manner referred to 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 like 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 like officer of a partnership (other than a limited liability partnership) on whom the summons is to be served; or
(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 with some adult member of his family or with his employee residing with him.
(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 shall 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, shall be 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 his 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.
(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 statement in writing 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 like 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 like 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 statement in writing shall, for the purposes of this section, be admissible without further proof as prima facie evidence that the person has been duly appointed as representative.
Service for offences punishable with fine only
118.  Notwithstanding section 116, a summons for an offence punishable with a fine only may be served by sending a copy of the summons by registered post to the last known address of the person to be summoned.
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 his arrest if —
(a)
before or after the issue of the summons but before the time fixed for his appearance, the court has reason to believe that he has absconded or will not obey the summons; or
(b)
at such time fixed for his appearance, he fails to appear, and the summons is proved to have been duly served in time to enable him 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 shall for the purposes of this Code be 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 shall be produced as soon as possible before a Magistrate in Singapore, who shall, if satisfied that he 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 shall while in such custody, be 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 for reasons to be recorded by him he is satisfied 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 his 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), he shall attend at the appropriate court at the time specified in the summons, unless he can satisfy the court that he 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 that person appears to have committed.
(2)  The court may proceed against that person as though he had been arrested or summoned.
(3)  When the court proceeds against a person under this section during the course of a trial or a committal hearing, it must begin the proceeding against the person separately.