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 XIII
GENERAL PROVISIONS RELATING TO
PROCEEDINGS IN COURTS
Division 1 — General provisions
Right of accused person to be defended
236.  Every accused person before any court may of right be defended by an advocate.
Change of judge during trial
237.
—(1)  Subject to subsection (3), if a judge, having heard and recorded the whole or part of the evidence in a trial, is unable to complete the case, it may be continued by another judge who has and who exercises such jurisdiction.
(2)  The judge who continues the case may, in the interest of justice and without material prejudice to the parties to the proceedings —
(a)
act on the evidence recorded by his predecessor or recorded partly by his predecessor and partly by himself; or
(b)
start the trial again by summoning the witnesses.
(3)  When there is a change of judge, any party to the proceedings may apply for any or all of the witnesses to be summoned and heard again and the judge must allow the application unless —
(a)
the witness is dead or cannot be found or is incapable of giving evidence or is kept out of the way by the party making the application, or he cannot be brought to court without unreasonable delay or expense; or
(b)
the court believes that the application is frivolous, vexatious or is made for the purpose of delay.
(4)  The appellate court may set aside any conviction made on evidence not wholly heard by the trial court which continued the case and it may order a new trial, if it believes that the accused’s defence on the merits has been materially prejudiced by the proceedings.
Power to postpone or adjourn proceedings
238.
—(1)  The court may postpone or adjourn any inquiry, trial or other proceedings on such terms as it thinks fit and for as long as it considers reasonable, if the absence of a witness or any other reasonable cause makes this necessary or advisable.
[2/2012]
(2)  Subject to subsection (3), if the accused is not on bail, the court may by a warrant remand him in custody as it thinks fit.
[2/2012]]
(3)  If it appears likely that further evidence may be obtained by a remand, the court may so remand the accused in custody for the purpose of any investigation by a law enforcement agency but not for more than 8 days at a time.
[2/2012]
(4)  If the accused is on bail, the court may extend the bail.
[2/2012]
(5)  The court must record in writing the reasons for the postponement or adjournment of the proceedings.
[2/2012]
Division 2 — Transfer of cases
High Court’s power to transfer cases
239.
—(1)  Where in respect of any case it appears to the High Court that —
(a)
a fair and impartial trial cannot be had in any Subordinate Court;
(b)
some question of law of unusual difficulty is likely to arise; or
(c)
a transfer of the case is expedient for the ends of justice or is required by this Code or any other written law,
the High Court may order —
(i)
that the case be transferred from a Subordinate Court to any other Subordinate Court of equal or superior jurisdiction; or
(ii)
that the case be transferred to and tried before the High Court.
(2)  An application for the transfer of a case may be made only after a court has fixed the case for trial in accordance with the pre-trial procedures in the Subordinate Courts in Part IX, and the order may be granted at any time thereafter before the conclusion of the trial.
(3)  The application for the transfer of a case shall be by way of a motion and Division 5 of Part XX shall apply, except that where the applicant is the Public Prosecutor, the motion need not be supported by affidavit.
(4)  When an accused makes an application under this section for the transfer of a case, the High Court may, if it thinks fit, order him to execute a bond with or without sureties requiring him, if convicted, to pay the costs of the prosecution.
Transfer of cases by other courts
240.
—(1)  In any trial before a Magistrate’s Court in which it appears at any stage of the proceedings that from any cause the case is one which the Magistrate’s Court is not competent to try or one which in the opinion of that Court ought to be tried by a District Court or by the High Court, or if before or during the trial an application is made by the Public Prosecutor, the Magistrate’s Court shall stay proceedings and —
(a)
transfer the case to a District Court;
(b)
in a case where the committal procedures under Division 2 of Part X are to be held by virtue of section 175, arrange for a criminal case disclosure conference to be held in accordance with section 176, and that Division shall apply in relation to the case; or
(c)
in a case where the transmission procedures under Division 5 of Part X are to be held by virtue of section 175, forward the case to the Public Prosecutor, and that Division shall apply in relation to the case.
(2)  In any trial before a District Court in which it appears at any stage of the proceedings that from any cause the case is one which the District Court is not competent to try or one which in the opinion of that Court ought to be tried by the High Court, or if before or during the trial an application is made by the Public Prosecutor, the District Court shall stay proceedings and —
(a)
in a case where the committal procedures under Division 2 of Part X are to be held by virtue of section 175, arrange for a criminal case disclosure conference to be held in accordance with section 176 and that Division shall apply in relation to the case; or
(b)
in a case where the transmission procedures under Division 5 of Part X are to be held by virtue of section 175, forward the case to the Public Prosecutor, and that Division shall apply in relation to the case.
(3)  The Magistrate’s Court and the District Court shall record its order on the proceedings made under subsections (1) and (2), respectively.
(4)  The powers conferred by subsections (1) and (2), other than the power of a Magistrate’s Court to transfer a case to a District Court, shall not be exercised except upon the application of the Public Prosecutor or with the consent of the Public Prosecutor.
(5)  If in a trial before a Magistrate’s Court or District Court the accused, when charged, has refused to plead or has not pleaded or has claimed to be tried, and no further step has been taken in the proceedings, that Court may, if it thinks fit, stay the proceedings and transfer the case to another Magistrate’s Court or District Court, as the case may be, and shall record its order on the proceedings.
Division 3 — Compounding of offences
Compounding offences
241.
—(1)  An offence specified in the third column of the Fourth Schedule may be compounded at any time by the person specified in the fourth column of that Schedule or, if that person is suffering from a legal or mental disability, by any person competent to act on his behalf.
(2)  Notwithstanding subsection (1), where investigations have commenced for an offence specified in the third column of the Fourth Schedule, or when the accused has been charged in court for the offence, the offence shall only be compounded with the consent of the Public Prosecutor on such conditions as he may impose.
(3)  Where any offence is compoundable under this section, the abetment of or a conspiracy to commit the offence, or an attempt to commit the offence when the attempt is itself an offence, may be compounded in like manner.
(4)  Where investigations have commenced for an offence which is subsequently compounded under subsection (2), no further proceedings shall be taken against the person reasonably suspected of having committed the offence.
(5)  Where after the accused has been charged in court, the offence is compounded under subsection (2), the court must order a discharge amounting to an acquittal in respect of the accused.
Public Prosecutor may compound offences
242.
—(1)  The Public Prosecutor may, on such terms and conditions as he may determine, at any time compound any offence or class of offences as may be prescribed by collecting from a person who is reasonably suspected of having committed the offence a sum of money which shall not exceed —
(a)
one half of the amount of the maximum fine that is prescribed for the offence; or
(b)
$5,000,
whichever is the lower.
(2)  Where any offence is compoundable under this section, the abetment of or a conspiracy to commit the offence, or an attempt to commit the offence when the attempt is itself an offence, may be compounded in like manner.
(3)  Where investigations have commenced for an offence which is subsequently compounded under subsection (1), no further proceedings shall be taken against the person reasonably suspected of having committed the offence.
(4)  Where after the accused has been charged in court, the offence is compounded under subsection (1), such composition shall have the effect of an acquittal in respect of the accused.
(5)  The Public Prosecutor may authorise in writing one or more Deputy Public Prosecutors to exercise the power of composition conferred on him under this section.
(6)  The Minister shall designate the person who may collect any sum of money paid under this section for the composition of offences.
Compounding of offences under other written laws
243.
—(1)  Where any Act (other than the Penal Code (Cap. 224)) contains an express provision for the composition of offences thereunder, the person authorised under that provision to compound such offences shall exercise the power of composition subject to any general or special directions of the Public Prosecutor.
(2)  Where any Act (other than the Penal Code) does not contain any provision for the composition of offences thereunder, any offence under that Act or any subsidiary legislation made thereunder may be compounded under this section if the offence is prescribed under that Act as a compoundable offence.
(3)  For the purposes of subsection (2), the power conferred on any Minister, statutory authority or other person to make subsidiary legislation under any Act to which that subsection applies shall include the power —
(a)
to prescribe the offences under that Act or any subsidiary legislation made thereunder as offences that may be compounded under this section;
(b)
to designate the person who may compound such offences; and
(c)
to specify the maximum sum for which any such offence may be compoundable, except that the maximum sum so specified shall not exceed —
(i)
one half of the amount of the maximum fine that is prescribed for the offence; or
(ii)
$2,000,
whichever is the lower.
(4)  The person designated under subsection (3)(b) may, subject to such general or special directions that the Public Prosecutor may give, compound any offence prescribed under subsection (3)(a) by collecting from a person who is reasonably suspected of having committed the offence a sum of money not exceeding the maximum sum that is specified under subsection (3)(c) in respect of that offence.
(5)  On payment of such sum of money, no further proceedings shall be taken against that person in respect of such offence.
Division 4 — Previous acquittals or convictions
Person once convicted or acquitted not to be tried again for offence on same facts
244.
—(1)  A person who has been tried by a court of competent jurisdiction for an offence and has been convicted or acquitted of that offence shall not be liable, while the conviction or acquittal remains in force, to be tried again for the same offence nor on the same facts for any other offence for which a different charge might have been made under section 138 or for which he might have been convicted under section 139 or 140.
(2)  A person acquitted or convicted of any offence may afterwards be tried for any distinct offence for which a separate charge might have been made against him in the former trial under section 134.
(3)  A person convicted of any offence constituted by any act causing consequences that together with that act amount to a different offence from that of which he was convicted may afterwards be tried for that different offence if the consequences had not happened or were not known to the court to have happened at the time when he was convicted.
(4)  A person acquitted or convicted of any offence constituted by certain acts may, notwithstanding the acquittal or conviction, be charged later with and tried for any other offence constituted by the same acts which he may have committed if the court that first tried him was not competent to try the offence with which he is subsequently charged.
Explanation— — The dismissal of a complaint or the discharge of the accused is not an acquittal for the purposes of this section.
Illustrations
(a)
A is tried on a charge of theft as a servant and acquitted. While the acquittal remains in force, he cannot afterwards be charged on the same facts with theft as a servant or with theft simply or with criminal breach of trust.
(b)
A is tried on a charge of murder and acquitted. There is no charge of robbery; but it appears from the facts that A committed robbery at the time when the murder was committed. He may afterwards be charged with and tried for robbery.
(c)
A is tried for causing grievous hurt and convicted. Afterwards, the person injured dies of his injuries. A may be tried again for culpable homicide.
(d)
A is tried and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B.
(e)
A is charged with and convicted of voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts unless the case comes within subsection (3).
Plea of previous acquittal or conviction
245.
—(1)  The plea of previous acquittal or conviction may be made orally or in writing and may be in the following form or to the following effect:
“The accused person says that by virtue of Article 11(2) of the Constitution or section 244 of the Criminal Procedure Code (Cap. 68) he is not liable to be tried.”.
(2)  This plea may be made with any other plea, but the issue raised by the plea must be tried and disposed of before the issues raised by the other pleas are tried.
(3)  When an issue is tried on a plea of a previous acquittal or conviction, the record of proceedings of the former trial is admissible as evidence to prove or disprove whether he is being tried again for the same offence or on the same facts for any other offence.
Division 5 — Proceedings relating to persons of unsound mind
Interpretation of this Division
246.  In this Division —
“designated medical practitioner”, in relation to any psychiatric institution, has the same meaning as in the Mental Health (Care and Treatment) Act 2008 (Act 21 of 2008);
“principal officer”, in relation to any psychiatric institution, has the same meaning as in the Mental Health (Care and Treatment) Act 2008;
“psychiatric institution” has the same meaning as in the Mental Health (Care and Treatment) Act 2008.
Procedure if accused is suspected to be of unsound mind
247.
—(1)  When a court holding or about to hold any inquiry or trial or any other proceeding, has reason to suspect that the accused is of unsound mind and consequently incapable of making his defence, the court shall in the first instance investigate the fact of such unsoundness.
(2)  Such investigation may be held in the absence of the accused if the court is satisfied that owing to the state of the accused’s mind, it would be in the interests of the safety of the accused or of other persons or in the interests of public decency that he should be absent, and the court may receive as evidence a certificate in writing signed by a medical officer to the effect that the accused is in his opinion of unsound mind or is a proper person to be detained for observation and treatment in a psychiatric institution, or the court may, if it sees fit, take oral evidence from a medical officer on the state of mind of the accused.
(3)  If the court, on its own motion or on the application of the Public Prosecutor, is not satisfied that the person is capable of making his defence, the court shall postpone the inquiry or trial or other proceeding and shall order that person to be remanded for observation in a psychiatric institution for a period not exceeding one month.
(4)  The principal officer must keep the accused under observation and provide any necessary treatment during his remand and, before the expiry of that period, shall certify in writing to the court his opinion as to the person’s state of mind and if he is unable within that period to form any conclusion, shall so certify to the court and shall ask for a further remand, which may extend to a period of 2 months.
Certificate of principal officer
248.
—(1)  If the principal officer certifies that the accused is of sound mind and capable of making his defence, the court shall, unless satisfied to the contrary, proceed with the inquiry or trial or other proceeding.
(2)  If the principal officer certifies that that person is of unsound mind and incapable of making his defence, the court shall, unless satisfied to the contrary, find accordingly, and thereupon the inquiry or trial or other proceeding shall be stayed but if the court is satisfied that the accused is of sound mind and capable of making his defence, the court shall proceed with the inquiry or trial or other proceeding, as the case may be.
(3)  The determination of the issue as to whether or not the accused is of unsound mind and incapable of making his defence shall, if the finding is that he is of sound mind and capable of making his defence, be deemed to be part of his trial before the court.
(4)  The certificate of the principal officer shall be admissible as evidence under this section.
(5)  If the accused is certified to be of unsound mind and incapable of making his defence, it shall not be necessary for him to be present in court during proceedings under this section and he may be detained in a psychiatric institution pending an order under section 249.
Release of person of unsound mind pending investigation or trial
249.
—(1)  If an accused is found to be of unsound mind and incapable of making his defence, and if the offence charged is bailable, the court may release him on sufficient security being given that —
(a)
he will be properly taken care of;
(b)
he will be prevented from injuring himself or any other person;
(c)
he will appear in court when required or before such officer as the court appoints for that purpose; and
(d)
any other conditions that the court may determine will be met.
(2)  If the offence charged is not bailable or if sufficient security is not given, the court shall report the case to the Minister who may, in his discretion, order the accused to be confined in a psychiatric institution, or any other suitable place of safe custody and the court shall give effect to that order.
(3)  Pending the order of the Minister under subsection (2), the accused may be remanded for detention in a psychiatric institution, prison or other suitable place of safe custody.
Resumption of proceedings
250.
—(1)  When an inquiry or a trial or other proceeding is —
(a)
postponed for the accused to be detained for observation in a psychiatric institution under section 247; or
(b)
stayed under section 248,
the court may at any time begin the inquiry or trial or other proceeding afresh and require the accused to appear or be brought before the court.
(2)  If the accused has been released under section 249, the court may require the accused to appear or be brought before it and may again proceed under section 247.
Acquittal on ground of unsound mind
251.  If an accused is acquitted on the ground that at the time at which he is alleged to have committed an offence he was by reason of unsoundness of mind incapable of knowing the nature of the act as constituting the offence or that it was wrong or contrary to law, the finding must state specifically whether he committed the act or not.
Safe custody of person acquitted
252.
—(1)  Whenever the finding states that the accused committed the act alleged, the court before which the trial has been held shall, if that act would but for the incapacity found have constituted an offence, order that person to be kept in safe custody in such place and manner as the court thinks fit and shall report the case for the orders of the Minister.
(2)  The Minister may order that person to be confined in a psychiatric institution, prison or other suitable place of safe custody during the President’s pleasure.
Visiting of prisoners of unsound mind
253.
—(1)  If a person is confined under section 249 or 252 in a psychiatric institution, prison or other suitable place of safe custody, 2 of the visitors of a psychiatric institution may, subject to subsection (2), visit him to ascertain his state of mind.
(2)  The person confined under section 249 or 252 must be visited at least once every 6 months and the visitors must make a special report to the Minister as to the person’s state of mind.
Procedure when person of unsound mind reported able to make defence
254.
—(1)  If a person is confined under section 249 and is certified by a principal officer and 2 of the visitors of the psychiatric institution to be capable of making his defence, the court must proceed with the inquiry or trial or other proceeding, as the case may be, and the certificate shall be admissible as evidence.
(2)  Where after the trial is proceeded with against the person referred to in subsection (1) —
(a)
the person is acquitted at the end of the trial; or
(b)
the charge against the person is withdrawn at any time after the commencement of the trial,
the court may, after due inquiry, send the person to a designated medical practitioner at a psychiatric institution for treatment and the person may thereafter be dealt with in accordance with the provisions of the Mental Health (Care and Treatment) Act 2008 (Act 21 of 2008).
(3)  Where after the trial is proceeded with against the person referred to in subsection (1) —
(a)
the person is convicted of an offence at the end of the trial;
(b)
the person is acquitted at the end of the trial; or
(c)
the charge against the person is withdrawn at any time after the commencement of the trial,
any order made by the Minister under section 249(2) shall be deemed to have lapsed.
Delivery of person of unsound mind to care of relative
255.
—(1)  If a relative or friend of a person confined under section 249(2) or 252 wishes the person to be delivered to his care and custody, he may apply for this and give security to the satisfaction of the Minister that —
(a)
that person will be properly cared for;
(b)
that person will be prevented from injuring himself or any other person;
(c)
that person will be produced for inspection by a principal officer at such time as the Minister directs; and
(d)
the relative or friend of that person will be able to meet any other conditions that the Minister may impose,
and if the Minister is so satisfied, he may order the person to be delivered to that relative or friend.
(2)  If a person is confined under section 249(2), the Minister may further require the relative or friend to give security to his satisfaction that if at any time the Minister thinks the person is capable of making his defence, the relative or friend will produce the person for trial.
(3)  Sections 253 and 256 shall apply with the necessary modifications to a person delivered under this section.
(4)  Notwithstanding that a person confined under section 249(2) or 252 has been delivered to a relative or friend of that person under subsection (1), the Minister may, after receiving a special report referred to in section 253(2), order that the person be confined again in a psychiatric institution or any other suitable place.
Procedure when person of unsound mind reported fit for discharge
256.
—(1)  If the principal officer and 2 visitors of the psychiatric institution in which a person is confined under section 249(2) or 252 certify that in his or their judgment the person may be discharged without danger of injuring himself or any other person, the Minister may order him to be discharged, detained in custody or in prison, or sent to a psychiatric institution if he has not already been sent there.
(2)  If the Minister orders the person to be sent to a psychiatric institution, he may appoint a commission consisting of a Magistrate and 2 medical officers to make formal inquiry into the person’s state of mind, taking such evidence as is necessary, and to report to the Minister, who may order the discharge or detention of the person as the Minister thinks fit.