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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
108. All orders made under section 107 by any Magistrate’s Court or District Court are appealable.
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.