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Contents  

Long Title

Enacting Formula

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

SIXTH SCHEDULE Consequential and Related Amendments to Other Written Laws

 
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PART XXI
SPECIAL PROCEEDINGS
Division 1 — Proceedings in case of certain offences
affecting administration of justice
Procedure as to offences committed in court, etc.
410.  When any such offence as is described in section 175, 178, 179, 180 or 228 of the Penal Code (Cap. 224) is committed in the view or presence of any civil or criminal court other than the High Court, the court may cause the offender to be detained in custody and at any time before the rising of the court on the same day may, if it thinks fit, take cognizance of the offence and sentence the offender to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months or to both.
Record of facts constituting offence
411.
—(1)  In every case referred to in section 410, the court shall record the facts constituting the offence with the statement, if any, made by the offender as well as the finding and sentence.
(2)  If the offence is under section 228 of the Penal Code the record must show the nature and stage of the judicial proceeding in which the court interrupted or insulted was sitting and the nature of the interruption or insult.
Alternative procedure
412.  If the court in any case considers that a person accused of any of the offences referred to in section 410 and committed in its view or presence may be better dealt with by ordinary process of law, the court, after recording the facts constituting the offence and the statement of the accused as provided in section 411, may direct the accused to be prosecuted and may require security to be given for the appearance of the accused before a Magistrate’s Court or, if sufficient security is not given, may take that person under custody to a Magistrate’s Court.
Power to remit punishment
413.  When any court has under section 410 adjudged an offender to punishment for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the court may, in its discretion, discharge the offender or remit the punishment or any part of it on his submission to the order or requisition of the court or on apology being made to its satisfaction.
Refusal to give evidence
414.
—(1)  If any witness before a criminal court refuses to answer such questions as are put to him or to produce any document in his possession or power which the court requires him to produce and does not offer any reasonable excuse for such refusal, that court may, for reasons to be recorded in writing, sentence him to imprisonment for a term which may extend to 7 days unless in the meantime he consents to be examined and to answer or to produce the document.
(2)  In the event of his persisting in his refusal, he may be dealt with according to section 410 or 412 notwithstanding any sentence he has undergone under this section.
Appeal
415.
—(1)  Any person sentenced by any court under this Division may appeal to the High Court.
(2)  Division 1 of Part XX shall, so far as it is applicable, apply to appeals under this section and the appellate court may alter or reverse the finding or reduce, alter or reverse the sentence appealed against.
Magistrate not to try certain offences committed before himself
416.  Except as provided in sections 410 and 414, no Magistrate shall try any person for any offence referred to in section 10(1) when the offence is committed before himself or in contempt of his authority or is brought under his notice as such Magistrate in the course of a judicial proceeding.
Division 2 — Special proceedings — Order for review of detention
Application for order for review of detention
417.
—(1)  Any person —
(a)
who is detained in any prison within the limits of Singapore on a warrant of extradition under any law for the time being in force in Singapore relating to the extradition of fugitive offenders;
(b)
who is alleged to be illegally or improperly detained in public or private custody within those limits; or
(c)
who claims to be brought before the court to be dealt with according to law,
may apply to the High Court for an order for review of detention.
(2)  On an application by a person detained on a warrant of extradition, the High Court shall call upon the Public Prosecutor, the committing Magistrate and the foreign Government to show cause why the order for review of detention should not be made.
(3)  Notice of the application together with copies of all the evidence used on the application shall be served on the Public Prosecutor.
Orders for review of detention
418.  The High Court may, whenever it thinks fit, order that a prisoner detained in any prison within the limits of Singapore shall be —
(a)
admitted to bail;
(b)
brought before a court martial; or
(c)
removed from one custody to another for the purpose of trial or for any other purpose which the Court thinks proper.
Court martial
419.
—(1)  Every application for a prisoner detained in custody to be brought before a court martial for trial shall be in the form of a letter addressed by either the registrar of the military courts or the president of that court martial, stating the purpose for which the court martial has been assembled and also stating where the prisoner is detained in custody and when, where and for what purpose he is required to be produced.
(2)  The Registrar of the Supreme Court shall submit the letter as soon as possible after the receipt thereof to, and obtain the order thereon of, a Judge of the High Court.
(3)  If an order is made under this section, it shall be drawn up with a direction that a warrant shall be issued accordingly and the warrant shall be prepared and signed by the Registrar of the Supreme Court and countersigned by the Judge who made the order and sealed with the seal of the High Court.
(4)  The warrant when issued shall be forwarded by the Registrar of the Supreme Court to the officer in charge of the prison in which the prisoner is confined.
Removal of prisoner from one custody to another
420.
—(1)  Every application to remove a prisoner from one custody to another for the purpose of trial or for any other purpose shall be made to the High Court or a Judge of the High Court and shall be supported by an affidavit stating —
(a)
where the prisoner is detained in custody;
(b)
to what other custody it is proposed to remove him; and
(c)
the reason for the change of custody.
(2)  If an order is made for the removal of a prisoner from one custody to another for the purpose of trial or for any other purpose, the order shall be drawn up with a direction that a warrant shall be issued accordingly.
(3)  The warrant shall be prepared and signed by the Registrar of the Supreme Court and countersigned by the Judge who made the order and sealed with the seal of the High Court.
Duty of officer to whom order or warrant is addressed
421.  The officer to whom any order for review of detention or warrant is addressed under this Division or under section 98 or 282 shall act in accordance with it and shall provide for the safe custody of the prisoner during his absence from prison for the purpose mentioned in the order or warrant.
No appeal
422.  No appeal shall lie from an order directing or refusing to direct the issue of an order for review of detention or from an order made under section 418 but the High Court or Judge of the High Court may at any time adjourn the hearing for the decision of a Court consisting of 3 or more Judges.