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Criminal Procedure Code
(CHAPTER 68)
(Original Enactment: Act 15 of 2010)
REVISED EDITION 2012
(31st August 2012)
An Act relating to criminal procedure.
[2nd January 2011]
PART I
PRELIMINARY
1. This Act may be cited as the Criminal Procedure Code and is generally referred to in this Act as this Code.
2.
—(1) In this Code, unless the context otherwise requires —
“advocate” means an advocate and solicitor lawfully entitled to practise criminal law in Singapore;
“arrestable offence” and “arrestable case” mean, respectively, an offence for which and a case in which a police officer may ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law;
“bailable offence” means an offence shown as bailable in the fifth column of the First Schedule or which is made bailable by any other written law, and “non-bailable offence” means any offence other than a bailable offence;
“complaint” means any allegation made orally or in writing to a Magistrate with a view to his taking action under this Code that some person, whether known or unknown, has committed or is guilty of an offence;
“computer” has the same meaning as in the Computer Misuse Act (Cap. 50A);
“court” means the Court of Appeal, the High Court, a District Court or a Magistrate’s Court, as the case may be, which exercises criminal jurisdiction;
“criminal record” means the record of any —
(a)
conviction in any court, or subordinate military court established under section 80 of the Singapore Armed Forces Act (Cap. 295);
(b)
order made under section 34(2) of the Misuse of Drugs Act (Cap. 185);
(c)
supervision order made under section 16 of the Intoxicating Substances Act (Cap. 146A);
(d)
order made under section 30 of the Criminal Law (Temporary Provisions) Act (Cap. 67); and
(e)
order as may be prescribed by the Minister charged with the responsibility for home affairs to be a criminal record for the purposes of this Code;
“financial institution” has the same meaning as in section 2 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A);
“fine” means any fine or financial penalty imposed by any court upon any conviction of any offence;
“Judge” means a Judge of the High Court and includes the Chief Justice and any person appointed to exercise the powers of a Judge;
“Judge of Appeal” includes the Chief Justice and a Judge of the High Court sitting as a judge of the Court of Appeal under section 29(3) of the Supreme Court of Judicature Act (Cap. 322);
“judicial proceeding” means any proceeding in the course of which evidence is or may be legally taken by a court;
“juvenile” means a person who, in the absence of legal proof to the contrary, is 7 years of age or above and below the age of 16 years in the opinion of the court;
“law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law;
“life imprisonment” means imprisonment for the duration of a person’s natural life;
“non-arrestable offence” and “non-arrestable case” mean, respectively, an offence for which and a case in which a police officer may not ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law;
“offence” means an act or omission punishable by any written law;
“place” includes —
(a)
any building or structure, whether permanent or temporary;
(b)
any land, whether or not built on;
(c)
any place, whether or not enclosed, and whether or not situated underground or underwater;
(d)
any vessel, aircraft, train, or vehicle (whether mechanically propelled or otherwise) or any other means of transport; and
(e)
any part of any place referred to in paragraphs (a) to (d);
“police officer” has the same meaning as in the Police Force Act (Cap. 235);
“police station” includes —
(a)
any office or branch of the Criminal Investigation Department;
(b)
the Radio Division of the Singapore Police Force;
(c)
any place designated by the Commissioner of Police as a police station; and
(d)
any other place designated by the Minister charged with the responsibility for home affairs as a police station;
“Postal Authority” and “public postal licensee” have the same meanings as in section 2 of the Postal Services Act (Cap. 237A);
“proceeding” includes a committal hearing, criminal case disclosure conference and a pre-trial conference, held under Part IX or X, as the case may be;
“property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property;
“public body” means —
(a)
the Government or any department, office or service of the Government; or
(b)
any corporation, authority, board, council, commission, office or other body established by or under any public Act for a public purpose;
“Registrar of the Subordinate Courts” includes a Deputy Registrar of the Subordinate Courts;
“Registrar of the Supreme Court” includes the Deputy Registrar and an Assistant Registrar of the Supreme Court;
“repealed Code” means the Criminal Procedure Code (Cap. 68, 1985 Ed.) repealed by this Code;
“signed” or “signature” and its grammatical variations, in relation to documents signed by a person who is a Judge of the Supreme Court, the Registrar of the Supreme Court, the Registrar of the Subordinate Courts, a District Judge or a Magistrate, shall have the same meaning as defined in section 2 of the Electronic Transactions Act (Cap. 88);
“stolen property” has the same meaning as in section 410 of the Penal Code (Cap. 224);
“Subordinate Court” means any court constituted under the Subordinate Courts Act (Cap. 321) for the administration of criminal justice;
“travel document” means a passport and includes any document issued by any State (including Singapore) or territory for the purpose of facilitating travel by the holder thereof;
“writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form, whether permanent or otherwise.
(2) Words and expressions used in this Code which are defined in the Penal Code but not defined in this section shall have the same meanings given to them by the Penal Code.
3.
—(1) Any notice, order or document (other than a summons or a notice to attend court issued under this Code) required or permitted to be served on a person under this Code may be served on that person —
(a)
by delivering it personally to that person;
(b)
by addressing it to that person and delivering it at the last known residential address of that person to an adult person who is a member of his family;
(c)
by addressing it to that person and delivering it at the last known business address of that person to his employee or by addressing it to his advocate (if any) and delivering it to the advocate at the advocate’s office;
(d)
by sending it by registered post addressed to that person at his last known residential or business address, or sending it by registered post addressed to his advocate (if any) at the advocate’s office;
(e)
by addressing it to that person and transmitting it by facsimile to his last known facsimile number, or addressing it to his advocate (if any) and transmitting it by facsimile to the advocate’s office facsimile number;
(f)
by leaving it at his last known residential or business address, if service cannot be effected under paragraphs (a) to (e);
(g)
in the case of a body corporate or a limited liability partnership —
(i)
by delivering it to the director, manager or secretary, or other like officer of the body corporate or limited liability partnership, at its registered office or principal place of business;
(ii)
by delivering it to the advocate (if any) of the body corporate or limited liability partnership at the advocate’s office;
(iii)
by sending it by registered post addressed to the body corporate or limited liability partnership at the registered office or principal place of business of the body corporate or limited liability partnership;
(iv)
by sending it by registered post addressed to the advocate (if any) of the body corporate or limited liability partnership at the advocate’s office;
(v)
by addressing it to that body corporate or limited liability partnership and transmitting it to the last known facsimile number of the body corporate or limited liability partnership; or
(vi)
by addressing it to the advocate (if any) of the body corporate or limited liability partnership and transmitting it by facsimile to the advocate’s office facsimile number;
(h)
in the case of a partnership other than a limited liability partnership —
(i)
by delivering it to any one of the partners or the secretary, or other like officer of the partnership, at its registered office or principal place of business;
(ii)
by delivering it to the advocate (if any) of the partnership at the advocate’s office;
(iii)
by sending it by registered post addressed to the partnership at the registered office or principal place of business of the partnership;
(iv)
by sending it by registered post addressed to the advocate (if any) of the partnership at the advocate’s office;
(v)
by addressing it to that partnership and transmitting it to the last known facsimile number of the partnership; or
(vi)
by addressing it to the advocate (if any) of the partnership and transmitting it by facsimile to the advocate’s office facsimile number;
(i)
in the case of an unincorporated association —
(i)
by delivering it to the president, the secretary or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee, at the address of the unincorporated association;
(ii)
by delivering it to the advocate (if any) of the unincorporated association at the advocate’s office;
(iii)
by sending it by registered post addressed to the unincorporated association at the address of the unincorporated association;
(iv)
by sending it by registered post addressed to the advocate (if any) of the unincorporated association at the advocate’s office;
(v)
by addressing it to that unincorporated association and transmitting it to the last known facsimile number of the unincorporated association; or
(vi)
by addressing it to the advocate (if any) of the unincorporated association and transmitting it by facsimile to the advocate’s office facsimile number; or
(j)
by any other prescribed method.
(2) In the case of service under subsection (1)(a), the person to whom the notice, order or document is served must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip.
(3) In the case of service under subsection (1)(b) and (c), the family member or employee to whom the notice, order or document is delivered must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip and writing down his name, age, identity card or passport number, contact details and relationship to the person on whom the notice, order or document is intended to be served.
(4) In the case of service under subsection (1)(g)(i), (h)(i) and (i)(i), the person to whom the notice, order or document is delivered must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip and writing down his name, age, identity card or passport number, contact details and position in the body corporate, limited liability partnership, partnership or unincorporated association, as the case may be, on which the notice, order or document is intended to be served.
(5) A reference in this Code to service by registered post is a reference to a postal service that records the posting and delivery of mail by the Postal Authority or public postal licensee.
(6) When a notice, order or document is served under this section, an affidavit of such service purporting to be made by the process server before an officer authorised to administer an oath shall be admissible in evidence.
Trial of offences under Penal Code or other laws
4.
—(1) Offences under the Penal Code (Cap. 224) must be inquired into and tried according to this Code.
(2) Offences under any other written law must also be inquired into and tried according to this Code, subject to any law regulating the manner or place of inquiring into or trying those offences.
5. Nothing in this Code shall derogate from the jurisdiction or powers of the Court of Appeal or the High Court or the Judges thereof, or the Attorney-General or the Solicitor-General.
6. As regards matters of criminal procedure for which no special provision has been made by this Code or by any other law for the time being in force, such procedure as the justice of the case may require, and which is not inconsistent with this Code or such other law, may be adopted.
PART II
CRIMINAL JURISDICTION OF SUBORDINATE COURTS
7.
—(1) Subject to this Code, Magistrates’ Courts shall have jurisdiction and power to —
(a)
try any offence for which the maximum term of imprisonment provided by law does not exceed 5 years or which is punishable with a fine only;
(b)
conduct a committal hearing into any offence with a view to committal for trial by the High Court;
(c)
inquire into a complaint of any offence and summon and examine any witness who may give evidence relating to such offence;
(d)
summon, apprehend and issue warrants for the apprehension of criminals and offenders, and deal with them according to law;
(e)
issue a warrant to search or cause to be searched any place wherein any stolen goods or any goods, article or thing with which or in respect of which any offence has been committed is alleged to be kept or concealed;
(f)
require any person to furnish security for keeping the peace or for his good behaviour according to law; and
(g)
do any other thing that Magistrates’ Courts are empowered to do under this Code or any other written law.
(2) The jurisdiction and powers conferred on Magistrates’ Courts under subsection (1)(a) and (b) must be exercised by a Magistrate sitting in a court house of the Magistrate’s Court or at such other place as may be prescribed.
(3) The jurisdiction and powers conferred on Magistrates’ Courts under subsection (1)(c) to (g) may be exercised by a Magistrate at any place in Singapore.
8.
—(1) District Courts shall have jurisdiction and power to try any offence for which the maximum term of imprisonment provided by law does not exceed 10 years or which is punishable with a fine only.
(2) Every District Court shall have in the exercise of its jurisdiction all the powers of a Magistrate’s Court.
9.
—(1) Where an offence is triable by a District Court but not by a Magistrate’s Court, the Public Prosecutor may in writing authorise a Magistrate’s Court in any particular case to try the offence.
(2) Notwithstanding section 7(1), a Magistrate’s Court may try any offence —
(a)
under the Penal Code (Cap. 224), if the offence is shown to be triable by a Magistrate’s Court in the seventh column of the First Schedule; or
(b)
under any law other than the Penal Code, if the offence is shown to be triable by a Magistrate’s Court under that law.
(3) Notwithstanding section 8(1), a District Court may try any offence other than an offence punishable with death —
(a)
if that offence (which is one under the Penal Code) is shown to be triable by a District Court in the seventh column of the First Schedule;
(b)
if that offence (which is one under any law other than the Penal Code) is shown to be triable by a District Court under that law; or
(c)
if the Public Prosecutor applies to the District Court to try such offence, and the accused consents, or if more than one are charged together with the same offence, all such accused persons consent.
(4) Nothing in this section shall be construed as enlarging the power conferred on the Magistrate’s Court or District Court under section 303.
10.
—(1) A prosecution for —
(a)
an offence under section 172 to 188, 193 to 196, 199, 200, 205 to 211, 228, 376C, 376G or 505 of the Penal Code (Cap. 224);
(b)
(c)
an offence under Chapter XXI of the Penal Code; or
(d)
must not be instituted except with the consent of the Public Prosecutor.
(2) A person may be charged or arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or released on bail, notwithstanding that the consent of the Public Prosecutor has not been obtained, but the case shall not be further prosecuted until that consent has been obtained.
(3) When a person is brought before a court before the Public Prosecutor has consented to the prosecution, the charge shall be explained to him but he shall not be called upon to plead.
(4) The consent of the Public Prosecutor —
(a)
need not refer to a particular offence but may be expressed in general terms; and
(b)
must as far as practicable specify the place in which and the occasion on which the offence was committed.
(5) No consent shall remain in force unless acted upon within one month from the date on which it was given.
(6) Subsections (2) to (5) shall also apply in respect of every consent of the Public Prosecutor which is required to be obtained under any other written law before proceedings in respect of an offence may be instituted.
PART III
POWERS OF ATTORNEY-GENERAL
AND PUBLIC PROSECUTOR
AND PUBLIC PROSECUTOR
11.
—(1) The Attorney-General shall be the Public Prosecutor and shall have the control and direction of criminal prosecutions and proceedings under this Code or any other written law.
(2) The Solicitor-General shall have all the powers of a Deputy Public Prosecutor and shall act as Public Prosecutor when the Attorney-General is absent or unable to act.
(3) Subject to this section, the Public Prosecutor may appoint any officer or other person to act as a Deputy Public Prosecutor or an Assistant Public Prosecutor in carrying out any of the duties of the Public Prosecutor under this Code or under any other written law, and may assign any of those duties to a Deputy Public Prosecutor or an Assistant Public Prosecutor.
(4) The Public Prosecutor may authorise in writing one or more Deputy Public Prosecutors —
(a)
to give any consent, fiat, order, authorisation, permission, instruction or direction; or
(b)
to make any application or requisition,
on behalf of the Public Prosecutor that is required by this Code or any other written law for —
(i)
the trial of an offence before any court, tribunal or authority;
(ii)
the forfeiture, confiscation, destruction or disposal of property; or
(iii)
the exercise by any police officer of the powers of investigation under this Code,
as the case may be.
(5) The Public Prosecutor, the Solicitor-General or a Deputy Public Prosecutor may authorise any person, on such terms and conditions as he thinks fit, to act for the Public Prosecutor in the conduct of a case or prosecution in court or in any part of such conduct.
(6) Any proceeding before the High Court must be conducted by the Public Prosecutor, the Solicitor-General, a Deputy Public Prosecutor, an Assistant Public Prosecutor, or a person authorised under subsection (5) who is an advocate.
(7) No person shall appear on behalf of the Public Prosecutor in any criminal appeal, or any case stated or criminal reference under Division 2 of Part XX, other than the Solicitor-General, a Deputy Public Prosecutor, or a person authorised under subsection (5) who is an advocate.
(8) Subject to subsections (9) and (10), any proceeding relating to a criminal matter before a Subordinate Court must be conducted only by the Public Prosecutor, the Solicitor-General, a Deputy Public Prosecutor, an Assistant Public Prosecutor, or any other person authorised under subsection (5).
(9) An officer of a public body, or an advocate acting on behalf of that public body, may with the authorisation of the Public Prosecutor, conduct any prosecution in summary cases before a Magistrate’s Court.
(10) A private person may appear in person or by an advocate to prosecute in summary cases before a Magistrate’s Court for any offence for which the maximum term of imprisonment provided by law does not exceed 3 years or which is punishable with a fine only.
12.
—(1) Notwithstanding any provision in this Code, the Public Prosecutor may by fiat, and on such terms and conditions as he thinks fit, permit any person to prosecute, on the person’s own behalf, any particular offence punishable under the Penal Code (Cap. 224) or any other written law, or to pursue any further proceedings in such prosecution.
(2) The person to whom the fiat is granted under subsection (1) may either appear in person or by an advocate.
13. Where a prosecution is conducted by a person other than the Public Prosecutor, the Solicitor-General, a Deputy Public Prosecutor or an Assistant Public Prosecutor, the Public Prosecutor may, if he thinks fit, take over the conduct of the prosecution at any stage of the proceedings and continue or discontinue the prosecution.
PART IV
INFORMATION TO POLICE AND POWERS OF INVESTIGATION
14.
—(1) When information is first received at a police station about an offence, the recording officer must proceed in accordance with this section.
(2) If the information is in writing, the recording officer must —
(a)
if practicable, immediately mark on it the date and time of receipt at the police station and the name and address of the person who gave the information; and
(b)
if the information appears to be signed by the informant, file it as a report.
(3) If the information is given orally and the recording officer considers it practicable to reduce it to writing immediately, he must ensure that all of the following are recorded in a report:
(a)
the date and time of his receipt of the information;
(b)
the name and address of the informant;
(c)
the information given by the informant;
(d)
such other particulars as the nature of the case may require.
(4) The informant, the recording officer and the interpreter (if any) must, where practicable, sign the report referred to in subsection (3).
(5) If the information is given orally and it is impracticable for the recording officer to write it down immediately, he must —
(a)
make a note of the first information; and
(b)
if the offence to which the information relates is an arrestable offence, cause to be recorded, as soon as possible, a fuller statement from the informant under section 22.
(6) If requested, the recording officer must give a copy of the information recorded under this section to the informant upon payment of the prescribed fee.
(7) The Minister charged with the responsibility for home affairs may prescribe the mode by which information about an offence may be received or given under this section and section 15.
(8) In this section, “recording officer” means the officer in charge of a police station or any police officer whose duty includes receiving reports relating to the commission of any offence.
15.
—(1) When information about an offence is given to any authorised person —
(a)
that person shall immediately record the information in a report and communicate that report to the officer in charge of a police station or any police officer whose duty includes dealing with reports relating to the commission of any offence; and
(b)
that officer must then proceed in accordance with section 16 or 17.
(2) If requested, the officer referred to in subsection (1) must give a copy of the information recorded under this section to the informant upon payment of the prescribed fee.
(3) In this section, “authorised person” means any person, not being a police officer, who is authorised by the Commissioner of Police to receive reports relating to the commission of any offence.
16.
—(1) Where the information so filed or recorded under section 14 or 15 relates to a non-arrestable offence —
(a)
the case shall thereupon be investigated by a police officer;
(b)
the informant shall, by order of a police officer, be referred to a Magistrate; or
(c)
a police officer may refer the case to a mediator of a Community Mediation Centre, established under the Community Mediation Centres Act (Cap. 49A), for mediation.
(2) In investigating such a case, a police officer may, by order of the Public Prosecutor or a Magistrate, exercise any of the special powers of investigation under sections 21, 22, 34, 39 and 111.
(3) A police officer receiving an order of the Public Prosecutor or a Magistrate as referred to in subsection (2) may also exercise the same powers in respect of the investigation as he may exercise without an order in an arrestable case, except the power to arrest without warrant.
(4) Any informant referred to a Magistrate under subsection (1) shall be supplied with a copy of any report filed or recorded under section 14 or 15 on which shall be endorsed the name of the police station or place at which the information was so filed or recorded.
(5) A police officer must record his reasons if he decides not to investigate into any non-arrestable case.
17.
—(1) If, from information received or otherwise, a police officer has reason to suspect that an arrestable offence has been committed at any place, the police officer must, or if he is unable to attend to the case, another police officer acting in his place must —
(a)
go as soon as practicable to the place to investigate the facts and circumstances of the case; and
(b)
try to find the offender and, if appropriate, arrest the offender and report the case to the Public Prosecutor.
(2) Notwithstanding subsection (1) —
(a)
if the police officer has reason to believe that the case is not of a serious nature, there shall be no need to go to the place to investigate the facts and circumstances of the case; or
(b)
if the police officer has reason to believe that there are insufficient grounds for proceeding with the matter, he shall not do so.
(3) In each of the cases mentioned in subsection (2)(a) and (b), the police officer receiving the information shall state in his report his reason for not fully complying with subsection (1).
18.
—(1) A police officer may exercise all or any of the special powers of investigation under sections 21, 22, 34, 39 and 111 when investigating any arrestable case.
(2) The action of a police officer in such a case may not be called into question at any time on the ground that he lacked authority under this section to exercise the special powers of investigation under sections 21, 22, 34, 39 and 111.
19.
—(1) A police officer conducting any investigation under this Part must keep a daily diary of his progress, setting out —
(a)
the time at which any order for investigation reached him;
(b)
the times at which he began and closed his investigation;
(c)
the places he visited; and
(d)
the findings of his investigation.
(2) Notwithstanding anything in the Evidence Act (Cap. 97), an accused is not entitled to call for or inspect such a diary before or during an inquiry, a trial or other proceeding under this Code.
(3) Where, for the purposes of section 161 or 162 of the Evidence Act, the police officer conducting the investigation refers to such a diary, then —
(a)
the accused may be shown only the entries in the diary that the officer or prosecutor has referred to; and
(b)
the prosecutor must conceal or obliterate any other entries.
20.
—(1) Where a police officer of or above the rank of sergeant considers that a document or other thing (other than a document or thing in the custody of a Postal Authority or public postal licensee) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, he may issue a written order to the person in whose possession or power the document or thing is believed to be, to require that person —
(a)
to produce the document or thing at the time and place stated in the order; or
(b)
to give a police officer access to such document or thing.
(2) Notwithstanding subsection (1), a written order under that subsection for the production of customer information by a financial institution, or access to customer information kept by a financial institution —
(a)
must only be made by a police officer of or above the rank of inspector; and
(b)
may require the financial institution to monitor any account of a customer of the financial institution for a period of time and provide such information relating to the transactions carried out in the account during that period.
(3) If any document or thing in the custody of a Postal Authority or a public postal licensee is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, he may require the Postal Authority or public postal licensee to deliver that document or thing to the person whom the Public Prosecutor so requires it to be delivered.
(4) If a person is required merely to produce any document or thing, he may comply with such requirement by causing the document or thing to be produced instead of bringing it in person.
(5) A police officer may exercise the powers conferred under this section notwithstanding any provision in any other law relating to the production of, or the giving of any access to, any document or thing.
(6) In this section, “customer information” has the same meaning as in section 40A of the Banking Act (Cap. 19).
21.
—(1) In conducting an investigation under this Part, a police officer may issue a written order requiring anyone within the limits of Singapore, who appears to be acquainted with any of the facts and circumstances of the case, to attend before him, and that person must attend as required.
(2) If that person fails to attend as required, the police officer may report the matter to a Magistrate who may then, in his discretion, issue a warrant ordering the person to attend.
22.
—(1) In conducting an investigation under this Part, a police officer may examine orally any person who appears to be acquainted with any of the facts and circumstances of the case —
(a)
whether before or after that person or anyone else is charged with an offence in connection with the case; and
(b)
whether or not that person is to be called as a witness in any inquiry, trial, or other proceeding under this Code in connection with the case.
(2) The person examined shall be bound to state truly what he knows of the facts and circumstances of the case, except that he need not say anything that might expose him to a criminal charge, penalty or forfeiture.
(3) A statement made by any person examined under this section must —
(a)
be in writing;
(b)
be read over to him;
(c)
if he does not understand English, be interpreted for him in a language that he understands; and
(d)
be signed by him.
23.
—(1) If, during an investigation, a person (referred to in this section as the accused) is charged with an offence or informed by a police officer or any other person charged with the duty of investigating offences or charging offenders that he may be prosecuted for an offence, he must be served with and have read to him a notice in writing as follows:
“You have been charged with [or informed that you may be prosecuted for] —
(set out the charge).
Do you want to say anything about the charge that was just read to you? If you keep quiet now about any fact or matter in your defence and you reveal this fact or matter in your defence only at your trial, the judge may be less likely to believe you. This may have a bad effect on your case in court. Therefore it may be better for you to mention such fact or matter now. If you wish to do so, what you say will be written down, read back to you for any mistakes to be corrected and then signed by you.”.
(2) If an accused, after the notice under subsection (1) is read to him —
(a)
remains silent; or
(b)
says or does anything which intimates his refusal to give a statement,
the fact of his remaining silent or his refusal to give a statement or his other action must be recorded.
(3) A statement made by an accused after the notice under subsection (1) is read to him must —
(a)
be in writing;
(b)
be read over to him;
(c)
if he does not understand English, be interpreted for him in a language that he understands; and
(d)
be signed by him.
(4) No statement made by an accused in answer to a notice read to him under subsection (1) shall be construed as a statement caused by any threat, inducement or promise as is described in section 258(3), if it is otherwise voluntary.
(5) A copy of a statement recorded under this section must be given to the accused at the end of the recording of such statement.
24.
—(1) A court may issue a search warrant if —
(a)
the court has reason to believe that a person who has been or may be issued an order under section 20(1), or a requisition under section 20(3), or a summons under section 235(1), would not produce the document or other thing as required by the order, requisition or summons;
(b)
it is not known who possesses that document or thing; or
(c)
the court considers that a general or specific search or inspection will serve the purposes of justice or of any investigation, inquiry, trial or other proceeding under this Code.
(2) Nothing in this section shall authorise any court other than the High Court to grant a warrant to search for a document in the custody of the Postal Authority or a public postal licensee.
25. If a court, upon information and after such inquiry as it thinks necessary, has reason to believe that any place is used —
(a)
(b)
for the deposit or sale or manufacture of any forged document, false seal, counterfeit stamp or coin, or any instrument or material for counterfeiting any coin or stamp or for forging; or
(c)
for the concealing, keeping or depositing of any stolen property or property unlawfully obtained, forged document, false seal, counterfeit stamp or coin, or any instrument or material used for counterfeiting any coin or stamp or for forging,
the court may by warrant authorise the person or persons to whom it is issued —
(i)
to enter that place with such assistance as may be required;
(ii)
to search it in the manner, if any, specified in the warrant;
(iii)
to take possession of any goods, property, document, seal, stamp or coin found in it which any of those persons reasonably suspects to be the subject of an offence committed under section 4, 5 or 6 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act or to be stolen, unlawfully obtained, forged, false or counterfeit, and also of any such instrument and material as aforesaid;
(iv)
to convey any such goods, property, document, seal, stamp, coin, instrument or material before a Magistrate’s Court, or to guard the same on the spot until the offender is taken before a Magistrate’s Court, or otherwise to dispose thereof in some place of safety; and
(v)
to take into custody and produce before a Magistrate’s Court every person found in that place who appears to have been privy to the deposit, sale or manufacture or keeping of any such goods, property, document, seal, stamp, coin, instrument or material knowing or having reasonable cause to suspect —
(A)
(B)
the property to have been stolen or otherwise unlawfully obtained;
(C)
the document, seal, stamp or coin to have been forged, falsified or counterfeited; or
(D)
the instrument or material to have been or to be intended to be used for counterfeiting any coin or stamp or for forging.
26.
—(1) A search warrant issued by a court under this Code must be in writing bearing the seal of the court, and signed by a Magistrate or District Judge, as the case may be, or in the case of the High Court, by a Judge of the High Court or by the Registrar of the Supreme Court.
(2) A search warrant must ordinarily be issued to the Commissioner of Police and to one or more other police officers to be designated by name in the warrant, and all or any of those police officers may execute it.
(3) The court may in appropriate circumstances issue a search warrant to one or more named persons who are not police officers, and all or any of those persons may execute it.
(4) The court may, if it thinks fit, specify in a search warrant the particular place or part of it to be searched or inspected, and the person charged with executing the warrant must then search or inspect only the specified place or part thereof.
(5) A search warrant is subject to such conditions as may be specified by the court and shall remain in force for the number of days stated in the warrant.
27.
—(1) A court issuing a search warrant may suspend or cancel the warrant if there are good reasons to do so.
(2) Where a search warrant is suspended or cancelled, the court must as soon as is reasonably practicable, inform the person or persons to whom the search warrant is issued of the suspension or cancellation.
28.
—(1) The court must specify the following conditions in every search warrant issued under section 26(3):
(a)
a list or description of the documents or things, or class of documents or things, that the person executing the search warrant may seize pursuant to the search;
(b)
whether section 31(2) applies, and if so, the extent of its application; and
(c)
the amount of bond that the person executing the warrant must sign to ensure that the warrant is properly executed and the peace is kept.
(2) The court may, in addition to the conditions in subsection (1), specify in any search warrant issued under section 26(3) such conditions as it deems necessary for the proper execution of the warrant and the prevention of any breach of the peace.
29.
—(1) The person granted a search warrant must conduct the search in accordance with the warrant and with this Code.
(2) Entry and search under a search warrant must be conducted during such period of time as may be specified in the warrant.
(3) If the occupier of a place to be entered and searched is present when the person granted the search warrant seeks to execute it, the person granted the warrant must —
(a)
identify himself to the occupier and —
(i)
if he is a police officer, show the occupier documentary evidence that he is such a police officer; or
(ii)
if he is not a police officer, show the occupier his original identity card or travel document as proof of his identity;
(b)
show the occupier the warrant; and
(c)
if requested, give the occupier a copy of the warrant.
(4) If the occupier is not present when the person granted the search warrant seeks to execute it, but some other person who appears to be in charge of the place is present, then subsection (3) applies to that other person as if he were the occupier.
(5) If a search warrant is issued by a court under section 26(3), the person issued the warrant must, after duly executing the warrant, report that fact to the court and submit the list prepared under section 37(1).
30.
—(1) A court may issue a search warrant if there is reason to believe that a person is confined under such circumstances that the confinement amounts to an offence.
(2) The police officer or person granted the search warrant may search for the confined person in accordance with the terms of the warrant.
(3) The confined person, if found, must as soon as reasonably practicable, be taken before the court, and the court shall make an order that is appropriate in the circumstances.
(4) If information is given to a police officer that there is reasonable cause for suspecting that any person is unlawfully confined in a place, and he has reason to believe that a delay in obtaining a search warrant is likely to adversely affect the rescue of the confined person or the arrest of the person responsible for confining the confined person, that police officer may immediately proceed to enter and search the place without a search warrant.
31.
—(1) Where a police officer or other person executing any search under this Division demands entry or access to a place liable to search under this Division, the occupier or any person in charge of the place must allow him free entry or access and provide all reasonable facilities for a search in it.
(2) If free entry or access to that place cannot be obtained under subsection (1), it shall be lawful in any case for the police officer or other person executing the search warrant to break open any outer or inner door or window of any place or to use any other reasonable means in order to gain entry or access into the place.
32.
—(1) If information is given to any police officer of or above the rank of sergeant that there is reasonable cause for suspecting that any stolen property is concealed or lodged in any place and he has good grounds for believing that by reason of the delay in obtaining a search warrant such property is likely to be removed, he may search for the property alleged to have been stolen in the place specified without a search warrant.
(2) A list of all the articles found upon a search conducted under subsection (1) and alleged to have been stolen or missing shall be delivered or taken down in writing with a declaration stating that an offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating has been committed and that the informant has good grounds for believing that the property is deposited in that place.
(3) The person who lost the property or his representative shall accompany the officer in the search for that property under subsection (1) unless that person or his representative cannot be found without unreasonable delay.
33.
—(1) The Commissioner of Police may authorise any police officer in writing to enter any place in the circumstances mentioned in subsection (2) to search, seize and secure any property which the police officer believes to have been stolen as if the police officer had a search warrant for the property seized.
(2) The circumstances referred to in subsection (1) are —
(a)
when the place to be searched is, or has in the 12 months preceding the search been, occupied or used by any person who has been convicted of the offence of receiving stolen property or of harbouring thieves; or
(b)
when the place to be searched is occupied or used by any person who has been convicted of any offence involving fraud or dishonesty punishable with imprisonment.
(3) In authorising any police officer under subsection (1), it is not necessary for the Commissioner of Police to specify any particular property if he has reason to believe generally that the place to be searched is being made a storage for stolen property.
34.
—(1) A police officer investigating an arrestable offence may, without a search warrant, search or cause a search to be made for a document or other thing in any place if —
(a)
he considers the document or thing to be necessary for his investigation and if he has reason to believe that a person who has been or may be issued with an order under section 20(1) will not or is unlikely to produce the document or thing or give access thereto as directed in the order;
(b)
he has reason to believe that the document or thing, which he considers to be necessary for his investigation, is likely to be removed; or
(c)
it is not known who possesses the document or thing which he considers to be necessary for his investigation.
(2) The police officer in subsection (1) shall, if reasonably practicable, conduct the search in person.
(3) The provisions of this Code relating to searches pursuant to search warrants shall, with the necessary modifications, apply to a search made under this section.
35.
—(1) A police officer may seize, or prohibit the disposal of or dealing in, any property —
(a)
in respect of which an offence is suspected to have been committed;
(b)
which is suspected to have been used or intended to be used to commit an offence; or
(c)
which is suspected to constitute evidence of an offence.
(2) If the property liable to be seized under subsection (1) is held or suspected to be held in an account or a safe deposit box in a financial institution, a police officer of or above the rank of inspector may, by written order —
(a)
direct the financial institution to deliver the property to any police officer; or
(b)
direct the financial institution not to allow any dealings in respect of the property in such account or safe deposit box for such period as may be specified in the order.
(3) A police officer to whom any property has been delivered under subsection (2)(a) must, as soon as is reasonably practicable, make a report of his receipt of the property at a police station.
(4) A police officer may exercise the powers conferred under this section notwithstanding any provision in any other law relating to the seizure of, or the prohibition of any disposal of or dealing in, any property.
(5) Where any property held in an account in a financial institution is subject to a written order made by a police officer under subsection (2)(b) —
(a)
any interest or other earnings on such account, or any other payments, may be credited into such account after the date on which the written order was made; and
(b)
any such interest, other earnings or payments shall be deemed to be subject to that same written order.
(6) Any financial institution which contravenes an order made under subsection (2)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.
(7) A court may —
(a)
subsequent to an order of a police officer made under subsection (2); and
(b)
on the application of any person who is prevented from dealing with property,
order the release of such property or any part of such property.
(8) The court shall only order a release of property under subsection (7) if it is satisfied that —
(a)
such release is necessary for the payment of basic expenses, including any payment for foodstuff, rent, the discharge of a mortgage, medicine, medical treatment, taxes, insurance premiums and public utility charges;
(b)
such release is necessary exclusively for —
(i)
the payment of reasonable professional fees and the reimbursement of any expenses incurred in connection with the provision of legal services; or
(ii)
the payment of fees or service charges imposed for the routine holding or maintenance of the property which the person is prevented from dealing in;
(c)
such release is necessary for the payment of any extraordinary expenses;
(d)
the property is the subject of any judicial, administrative or arbitral lien or judgment, in which case the property may be used to satisfy such lien or judgment, provided that the lien or judgment arose or was entered before the order was made under subsection (2)(b); or
(e)
such release is necessary, where the person is a company incorporated in Singapore, for any day-to-day operations of the company.
(9) In this section, property in respect of which an offence is suspected to have been committed and property which is suspected to have been used or intended to be used to commit an offence include —
(a)
such property as was originally in the possession or under the control of any person;
(b)
any property into or for which the property which was originally in the possession or under the control of any person has been converted or exchanged and anything acquired by such conversion or exchange, whether immediately or otherwise; and
(c)
if the property referred to in paragraph (a) or (b) is money kept in an account in a financial institution, any interest or other earnings on such account or any other payment which is credited into such account after the date —
(i)
on which the offence is suspected to have been committed; or
(ii)
on which the property is suspected to have been used or intended to be used to commit an offence.
36.
—(1) Any police officer of or above the rank of sergeant, upon being satisfied that any person has in his possession —
(a)
any counterfeit coin or current coin or any die, instrument or material for the purpose of counterfeiting any coin or current coin; or
(b)
any forged or counterfeit currency note or bank note or any machinery, instrument or material used for the forging or counterfeiting of any currency note or bank note,
may, without warrant and with or without assistance, enter and search any place where any such coin, currency note or bank note or any such die, machinery, instrument or material is kept and seize any such coin, note, die, machinery, instrument or material.
(2) Anything seized under subsection (1) shall, by order of the court before which any person is tried relating to such possession, or where there is no trial, by order of a Magistrate, be forfeited and shall be destroyed or otherwise disposed of in such manner as the Minister may direct.
(3) In this section, “coin”, “current coin”, “die” and “instrument” have the same meanings as in the Penal Code (Cap. 224).
37.
—(1) A police officer or any other person making a search under this Division must prepare and sign a list of all things seized during the search, recording the location where each such thing is found.
(2) In every case, the occupier or person in charge of the place searched, or a person acting on his behalf, may attend during the search, and must be given a signed copy of the list.
38. A court may, if it thinks fit, impound any document or other thing taken under this Code and produced before it.
39.
—(1) A police officer or an authorised person, investigating an arrestable offence, may at any time —
(a)
access, inspect and check the operation of a computer that he has reasonable cause to suspect is or has been used in connection with the arrestable offence; or
(b)
use or cause to be used any such computer to search any data contained in or available to such computer.
(2) The police officer or authorised person may also require any assistance he needs to gain such access from —
(a)
any person whom he reasonably suspects of using the computer in connection with the arrestable offence or of having used it in this way; or
(b)
any person having charge of, or otherwise concerned with the operation of, such computer.
(3) Any person who obstructs the lawful exercise by a police officer or an authorised person of the powers under subsection (1), or who fails to comply with any requirement of the police officer or authorised person under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(4) An offence under subsection (3) shall be an arrestable offence.
(5) A person who had acted in good faith under subsection (1) or in compliance with a requirement under subsection (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act.
(6) In this section and section 40, “authorised person” means a person authorised in writing by the Commissioner of Police for the purposes of this section or section 40 or both.
40.
—(1) For the purposes of investigating an arrestable offence, the Public Prosecutor may by order authorise a police officer or an authorised person to exercise, in addition to the powers under section 39, all or any of the powers under this section.
(2) The police officer or authorised person referred to in subsection (1) shall be entitled to —
(a)
access any information, code or technology which has the capability of retransforming or unscrambling encrypted data into readable and comprehensible format or text for the purposes of investigating the arrestable offence;
(b)
require —
(i)
any person whom he reasonably suspects of using a computer in connection with an arrestable offence or of having used it in this way; or
(ii)
any person having charge of, or otherwise concerned with the operation of, such computer,
to provide him with such reasonable technical and other assistance as he may require for the purposes of paragraph (a); and
(c)
require any person whom he reasonably suspects to be in possession of any decryption information to grant him access to such decryption information as may be necessary to decrypt any data required for the purposes of investigating the arrestable offence.
(3) Any person who obstructs the lawful exercise by a police officer or an authorised person of the powers under subsection (2)(a) or who fails to comply with any requirement of the police officer or authorised person under subsection (2)(b) or (c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
(4) Where a person is convicted of an offence under subsection (3) and it is shown that the encrypted data contains evidence relevant to the planning, preparation or commission of a specified serious offence, he shall, in lieu of the punishment prescribed under subsection (3) —
(a)
be liable to be punished with the same punishment prescribed for that specified serious offence, except that the punishment imposed shall not exceed a fine of $50,000 or imprisonment for a term not exceeding 10 years or both; or
(b)
be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both where the specified serious offence is punishable on conviction with death or imprisonment for life.
(5) For the purposes of subsection (4) but subject to subsection (6), “specified serious offence” means an offence under any of the following written laws:
(a)
any written law which provides for any offence involving the causing of death or bodily harm;
(b)
any written law relating to actions or the threat of actions prejudicial to national security;
(c)
any written law relating to radiological or biological weapons;
(f)
the Corrosive and Explosive Substances and Offensive Weapons Act (Cap. 65);
(h)
(j)
(k)
the Protected Areas and Protected Places Act (Cap. 256);
(n)
the Terrorism (Suppression of Financing) Act (Cap. 325);
(o)
the United Nations (Anti-Terrorism Measures) Regulations (Cap. 339, Rg 1); and
(p)
such other written law as the Minister may, by order published in the Gazette, specify.
(6) No offence shall be a specified serious offence for the purposes of subsection (4) unless the maximum punishment prescribed for that offence, whether for a first or subsequent conviction, is —
(a)
imprisonment for a term of 5 years or more;
(b)
imprisonment for life; or
(c)
death.
(7) In proceedings against any person for an offence under this section, if it is shown that that person was in possession of any decryption information at any time before the time of the request for access to such information, that person shall be presumed for the purposes of those proceedings to have continued to be in possession of that decryption information at all subsequent times, unless it is shown that the decryption information —
(a)
was not in his possession at the time the request was made; and
(b)
continued not to be in his possession after the request was made.
(8) A person who had acted in good faith or in compliance with a requirement under subsection (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act.
(9) In this section —
“data” means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer;
“decryption information” means information, code or technology or part thereof that enables or facilitates the retransformation or unscrambling of encrypted data from its unreadable and incomprehensible format to its plain text version;
“encrypted data” means data which has been transformed or scrambled from its plain text version to an unreadable or incomprehensible format, regardless of the technique utilised for such transformation or scrambling and irrespective of the medium in which such data occurs or can be found for the purposes of protecting the content of such data;
“plain text version” means the original data before it has been transformed or scrambled to an unreadable or incomprehensible format.
PART V
PREVENTION OF OFFENCES
41.
—(1) When a person is charged with and convicted of —
(a)
rioting, assault or any other breach of the peace or abetting any such offence;
(b)
an offence under section 143, 144, 145, 153, 504 or 510 of the Penal Code (Cap. 224) or under section 13A, 13B, 13C or 13D of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap. 184);
(c)
assembling armed men or taking other unlawful measures for such purpose; or
(d)
committing criminal intimidation by threatening injury to any person or property,
and the court before which he is convicted believes that that person must execute a bond for keeping the peace, then the court may, at the time of passing sentence on that person, or instead of any sentence, order him to execute a bond for a sum proportionate to his means, with or without sureties, for keeping the peace for a period not exceeding 2 years.
(2) If the conviction is set aside on appeal or otherwise, the bond so executed becomes void.
42.
—(1) If, during or after a trial, the court considers that a complainant is or has been behaving in such a way that he should be ordered to execute a bond to keep the peace, the court may require him to show cause why he should not be ordered to execute a bond to keep the peace for a period not exceeding 2 years.
(2) The evidence which the court relies on under subsection (1) must be read to the complainant, but it shall not be necessary to recall any witness unless the complainant desires to cross-examine the witness.
(3) The court may deal with this proceeding either as part of the case out of which it has arisen or as a separate proceeding.
43. If it appears to a court that a person is likely to breach the peace or do a wrongful act that might lead to a breach of the peace, the court may require that person to show cause why he should not be ordered to execute a bond to keep the peace for a period not exceeding 2 years.
44.
—(1) A court may require a person to show cause why he should not be ordered to execute a bond for his good behaviour for a period not exceeding 2 years, if it appears to the court that —
(a)
the person is trying to conceal his presence and there is reason to believe that he is doing so with a view to committing an offence;
(b)
the person has no apparent means of supporting himself or is unable to give a satisfactory account of himself; or
(c)
the person orally or in writing disseminates or tries to disseminate or in any way helps to disseminate —
(i)
any seditious matter, that is to say, any matter whose publication is punishable under the Sedition Act (Cap. 290) or any material which forms the subject matter of a charge under section 267C, 298A or 505 of the Penal Code (Cap. 224); or
(ii)
any matter concerning a Judge or a judicial officer amounting to criminal intimidation or defamation under the Penal Code.
(2) No proceeding shall be taken under subsection (1)(c) except with the consent of the Public Prosecutor.
45. A court may require a person to show cause why he should not be ordered to execute a bond for his good behaviour for a period not exceeding 2 years, if it appears to the court that —
(a)
the person habitually commits offences;
(b)
the person habitually associates with robbers, housebreakers, thieves, prostitutes or people who have no apparent means of subsistence; or
(c)
the person is so desperate or dangerous as to pose a risk to the community when at large.
46. Where a court acting under section 43, 44 or 45 considers it necessary to require any person to show cause under the section, it must make an order in writing setting out —
(a)
the information received on which the court is acting;
(b)
the amount of the bond to be executed;
(c)
how long the bond will be in force; and
(d)
the number of sureties, if any, required.
47.
—(1) If the person subject to an order under section 46 is present in court, the order must be read to him or, if he wishes, explained to him.
(2) If the person subject to the order is not present in court, the court must issue a summons requiring him to appear or, if he is in custody, a warrant instructing the officer in whose custody he is to bring him before the court.
(3) The court may issue a warrant for a person’s arrest if the court is satisfied that, based on a police officer’s report or other information, there is reason to fear a breach of the peace and that this can be prevented only by the person’s immediate arrest.
(4) A copy of the order under section 46 must accompany every summons or warrant issued under subsection (2) or (3).
(5) The copy of the order must be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.
48. The court may, if it has good reasons, dispense with the personal attendance of a person subject to an order under section 46, and permit him to appear by an advocate.
49.
—(1) When an order under section 46 has been read or explained under section 47(1) to a person present in court or when a person appears or is brought before the court in compliance with a summons or in execution of a warrant under section 47, the court must then inquire into the truth of the information on which it has acted and will take further evidence as appears necessary.
(2) The inquiry must follow as closely as practicable the procedure prescribed in this Code for conducting trials, except that no charge need be framed.
(3) For the purposes of this section, a person’s habitual offending may be proved by evidence of his general reputation or in other ways.
50.
—(1) If after an inquiry under section 49, the court is satisfied that the person subject to the order must execute a bond in order to keep the peace or maintain good behaviour, the court must make such order as is appropriate.
(2) The bond may be with or without sureties and —
(a)
must not be larger than the amount or longer than the period specified in the order made under section 46; and
(b)
the amount of the bond must be fixed with due regard to the circumstances of the case and shall not be excessive but must be such as to afford the person against whom the order is made a fair chance of complying with it.
(3) If the court is satisfied that a bond is not necessary, the court must release the person subject to the order.
51.
—(1) If any person subject to an order under section 41 or 50 is, at the time the order is made, sentenced to or undergoing imprisonment, the period for which the security is required will begin at the end of that sentence.
(2) In all other cases, the period will begin on the date of the order.
52.
—(1) The bond to be executed by any person subject to an order under section 41 or 50 shall, as the case may be, bind him —
(a)
to keep the peace; or
(b)
to be of good behaviour.
(2) In the case of subsection (1)(b), it is a breach of the bond to commit, attempt to commit or abet the commission of an offence punishable with imprisonment.
53. A court may, in its discretion, refuse to accept any particular person offered as surety under this Part.
54.
—(1) If a person ordered to give security under section 41 or 50 fails to do so by the date on which the period for the security is to begin, the court may commit him to prison for a period not exceeding the period for which the security is ordered to be given.
(2) If the person referred to in subsection (1) is already in prison, he shall stay there until the end of the term that the court has determined under subsection (1) or until he gives the security as ordered, whichever is the earlier.
55.
—(1) When a court decides that a person imprisoned for failing to give security under this Part may be released without danger to the community or to another person, the court may order that person to be released.
(2) A court other than the High Court shall not exercise this power except in cases where the imprisonment is under its own order or that of a similar court.
56.
—(1) Any surety for the peaceable conduct or good behaviour of a person may at any time apply to a court to cancel any bond executed under this Part.
(2) On receiving the application, the court must issue a summons or warrant, as it thinks fit, requiring the person for whom that surety is bound to appear or to be brought before it.
(3) When that person comes before the court, the court must cancel the bond and order him to provide adequate security for the remaining term of the bond.
(4) Every such order referred to in subsection (3) shall be treated as made under section 41 or 50 and in such a case, sections 52 to 55 shall apply accordingly.
57.
—(1) A police officer may command an unlawful assembly or an assembly of 5 or more people likely to cause a disturbance of the public peace to disperse, and the members of the assembly must then disperse.
(2) Nothing in this Division shall derogate from the powers conferred on any person under the Public Order Act 2009 (Act 15 of 2009).
58.
—(1) If any such assembly does not disperse as commanded, or shows a determination not to disperse, any police officer may disperse the assembly by force and, if necessary, arrest and confine the participants, and may require any male civilian to help.
(2) In this section, “civilian” means any person who is not a regular serviceman, full-time national serviceman or operationally ready national serviceman who has reported for service in the Singapore Armed Forces.
59. If any such assembly cannot be otherwise dispersed and it is necessary for the public security that it should be dispersed, the Minister or the Commissioner of Police or a Deputy Commissioner of Police may cause it to be dispersed by military force.
Minister or Commissioner of Police or Deputy Commissioner of Police may require any officer in command of troops to disperse unlawful assembly
60.
—(1) When the Minister or the Commissioner of Police or a Deputy Commissioner of Police determines to disperse any such assembly by military force, he may require any commissioned or non-commissioned officer in command of any sailors, soldiers or airmen in the Singapore Armed Forces or in any visiting force lawfully present in Singapore to disperse the assembly by military force and to arrest and confine the persons forming part of it as the Minister or Commissioner of Police or the Deputy Commissioner of Police directs or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.
(2) Every such officer shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force and do as little injury to person and property as is consistent with dispersing the assembly and arresting and confining those persons.
61. When the public security is manifestly endangered by any such assembly and when neither the Minister nor the Commissioner of Police nor a Deputy Commissioner of Police can be communicated with, any commissioned officer in the Singapore Armed Forces or in any visiting force lawfully present in Singapore may disperse such assembly by military force and may arrest and confine the persons forming part of it as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law, but if while he is acting under this section it becomes practicable for him to communicate with the Minister, the Commissioner of Police or a Deputy Commissioner of Police, he shall do so and thereafter obey the instructions of the Minister, the Commissioner of Police or the Deputy Commissioner of Police as to whether he shall or shall not continue the action.
62. No prosecution against the Minister or any police officer or officer, sailor, soldier or airman in the Singapore Armed Forces or in any visiting force lawfully present in Singapore for any act purporting to be done under this Division shall be instituted in any criminal court except with the sanction of the President, and —
(a)
no police officer acting under this Division in good faith;
(b)
no commissioned officer acting under section 61 in good faith;
(c)
no person doing any act in good faith in compliance with a requisition under section 58 or 60; and
(d)
no inferior officer, sailor, soldier or airman or member of any of the Singapore Armed Forces or of any visiting force lawfully present in Singapore doing any act in obedience to any order which under naval, military or air force law he was bound to obey,
shall be deemed thereby to have committed an offence.
63.
—(1) Any police officer who has reasonable grounds to suspect that any offence may be committed may intervene for the purpose of preventing and must, to the best of his ability, use all lawful means to prevent the commission of the offence.
(2) Without affecting the generality of subsection (1), a police officer may act in any manner (including doing anything likely to cause the death of, or grievous hurt to, any person) if the police officer has reasonable grounds to believe that —
(a)
the person (whether acting alone or in concert with any other person) is doing or about to do, something which may amount to a terrorist act; and
(b)
such act by the police officer is necessary to apprehend the person.
(3) In this section —
“lawful means” includes removing a person from any place and taking away any thing which the person has in his possession which the police officer reasonably suspects is intended to be used in the commission of the offence;
“terrorist act” means the use or threat of action —
(a)
where the action —
(i)
involves serious violence against a person or which endangers a person’s life;
(ii)
involves serious damage to any building or structure;
(iii)
creates a serious risk to the health or the safety of the public or a section of the public;
(iv)
involves the use of firearms or explosives; or
(v)
involves releasing into the environment or any part thereof, or distributing or otherwise exposing the public or any part thereof to —
(A)
any dangerous, hazardous, radioactive or harmful substance;
(B)
any toxic chemical; or
(C)
any microbial or other biological agent, or toxin; and
(b)
where the use or threat of action is intended or reasonably regarded as intending to —
(i)
influence or compel the Government, any other government, or any international organisation to do or refrain from doing any act; or
(ii)
intimidate the public or a section of the public.
PART VI
ARREST AND BAIL AND PROCESSES
TO COMPEL APPEARANCE
TO COMPEL APPEARANCE
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.
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.
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.
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.
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.
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.
70. A person subject to an arrest warrant may be arrested by a person authorised to execute the warrant or by a police officer.
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.
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.
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.
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.
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.
76. The person arrested must not be restrained more than is necessary to prevent his escape.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
PART VII
THE CHARGE
123.
—(1) Every charge under this Code must state the offence with which the accused is charged.
(2) If the law that creates the offence gives it any specific name, the offence may be described in the charge by that name only.
(3) If the law that creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.
(4) The provision of the law against which the offence is said to have been committed must be mentioned in the charge.
(5) The fact that the charge is made is equivalent to a statement that the case fulfils every legal condition required by law to constitute the offence charged.
(6) If the accused has been previously convicted of any offence and it is intended to prove that previous conviction for the purpose of affecting the punishment which the court is competent to award, the fact, date and place of the previous conviction shall be stated in the charge; but if the statement is omitted, the court may add it at any time before sentence is passed.
Illustrations
(a)
A is charged with the murder of B. This is equivalent to a statement that A’s act fell within the definition of murder in section 300 of the Penal Code (Cap. 224); that he did not come within any of the general exceptions in Chapter IV of that Code; and that it did not fall within any of the Exceptions to section 300 or that, if it did fall within Exception 1, one or other of the 3 provisos to that Exception applied to it.
(b)
A is charged under section 326 of the Penal Code with voluntarily causing grievous hurt to B by using an instrument for shooting. This is equivalent to a statement that section 335 of that Code and the general exceptions in Chapter IV of that Code did not apply to it.
(c)
A is accused of murder, cheating, theft, extortion, criminal intimidation or using a false property mark. The charge may state, without referring to the definitions of those offences in the Penal Code, that A committed murder or cheating or theft or extortion or criminal intimidation or that he used a false property mark, but the charge must refer to the section under which each offence is punishable.
(d)
A is charged under section 184 of the Penal Code with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.
(7) All charges upon which persons are tried before the High Court shall be —
(a)
in accordance with the prescribed form;
(b)
brought in the name of the Public Prosecutor; and
(c)
signed by the Public Prosecutor or by some person authorised by him in that behalf and in the latter case, the words “By authority of the Public Prosecutor” shall be prefixed to the signature.
124.
—(1) The charge must contain details of the time and place of the alleged offence and the person, if any, against whom or the thing, if any, in respect of which it was committed, as are reasonably sufficient to give the accused notice of what he is charged with.
(2) If the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it shall be sufficient to specify —
(a)
the gross sum in respect of which the offence is alleged to have been committed; and
(b)
the dates between which the offence is alleged to have been committed, which period shall not exceed 12 months,
without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence.
125. If the particulars mentioned in sections 123 and 124 do not give the accused sufficient notice of what he is charged with, then the charge must also give details of how the alleged offence was committed as will be sufficient for that purpose.
Illustrations
(a)
A is accused of theft of a certain article at a certain time and place. The charge need not state how the theft was effected.
(b)
A is accused of cheating B at a given time and place. The charge must state how A cheated B.
(c)
A is accused of giving false evidence at a given time and place. The charge must state that portion of A’s evidence that is alleged to be false.
(d)
A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must state how A obstructed B in discharging his functions.
(e)
A is accused of the murder of B at a given time and place. The charge need not state how A murdered B.
(f)
A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must state the disobedience charged and the law broken.
126. In every charge, words used to describe an offence shall be deemed to have been used in the sense attached to them respectively by the law under which that offence is punishable.
127. No error in stating either the offence or the particulars that must be stated in the charge, and no omission to state the offence or those details shall be regarded at any stage of the case as material unless the accused was in fact misled by that error or omission.
Illustrations
(a)
A is charged under section 242 of the Penal Code (Cap. 224) with “having been in possession of a counterfeit coin having known at the time when he became possessed of it that the coin was counterfeit”, but the word “fraudulently” is omitted from the charge. Only if A was actually misled by this omission may the error be regarded as material.
(b)
A is charged with cheating B. How he cheated B is not stated in the charge or is stated incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The court may infer from this that omitting to state, or stating incorrectly, how B was cheated is not a material error.
(c)
A is charged with cheating B. How he cheated B is not stated in the charge. There were many transactions between A and B and A had no means of knowing to which of them the charge referred and offered no defence. The court may infer from those facts that omitting to state how B was cheated was a material error.
(d)
A was charged with murdering Tan Ah Teck on 5 June 1996 and Tan Ah Tuck, who tried to arrest him for that murder, on 6 June 1996. While charged with murdering Tan Ah Teck, A was tried for the murder of Tan Ah Tuck. The witnesses present in his defence were witnesses in the case of Tan Ah Teck. The court may infer from this that A was misled and that the error was material.
129.
—(1) If a charge is altered or a new charge framed under section 128, the court must immediately call on the accused to enter his plea and to state whether he is ready to be tried on this altered or new charge.
(2) If the accused declares that he is not ready, the court must duly consider any reason he gives.
(3) If the court thinks that proceeding immediately with the trial is unlikely to prejudice the accused’s defence or the prosecutor’s conduct of the case, then it may proceed with the trial.
(4) If the court thinks otherwise, then it may direct a new trial or adjourn the trial for as long as necessary.
130.
—(1) If the offence stated in the altered or new charge is one that requires the Public Prosecutor’s consent under section 10(1), then the trial must not proceed before the consent is obtained, unless it has already been obtained for a prosecution on the same facts as those on which the altered or new charge is based.
(2) If consent for the prosecution is or has been obtained, all evidence previously admitted by the court in the trial shall be deemed to have been admitted in evidence in the trial of the altered or new charge.
131. If a charge is altered or a new charge is framed by the court after the start of a trial, the prosecutor and the accused must, on application to the court by either party, be allowed to recall or re-summon and examine any witness who may have been examined, with reference to the altered or newly framed charge only, unless the court thinks that the application is frivolous or vexatious or is meant to cause delay or to frustrate justice.
132.
—(1) For every distinct offence of which any person is accused, there must be a separate charge and, subject to subsection (2), every charge must be tried separately.
(2) Subsection (1) does not apply —
(b)
to charges to which the accused pleads guilty; or
(c)
to charges which the accused and the prosecutor consent to be taken into consideration under section 148.
Illustration
A is accused of a theft on one occasion and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt. However, he does not need to be separately tried if he pleads guilty to both charges or if he pleads guilty to one charge and consents to the other charge being taken into consideration under section 148.
133. When a person is accused of 2 or more offences, he may be charged with and tried at one trial for any number of those offences if the offences form or are a part of a series of offences of the same or a similar character.
134. If, in one series of acts connected so as to form the same transaction, 2 or more offences are committed by the same person, then he may be charged with and tried at one trial for every such offence.
Illustrations
The separate charges referred to in illustrations (a) to (g) below respectively may be tried at one trial.
(a)
A rescues B, a person in lawful custody, and in doing so causes grievous hurt to C, a constable in whose custody B was. A may be separately charged with offences under sections 225 and 333 of the Penal Code (Cap. 224).
(b)
A has in his possession several seals that he knows to be counterfeit and intends to use them to commit forgeries punishable under section 466 of the Penal Code. A may be separately charged with the possession of each seal under section 473 of the Penal Code.
(c)
Intending to cause injury to B, A begins a criminal proceeding against him knowing that there is no just or lawful basis for the proceeding; and also falsely accuses B of having committed an offence knowing there is no just or lawful basis for the charge. A may be separately charged with 2 offences under section 211 of the Penal Code.
(d)
Intending to cause injury to B, A falsely accuses him of having committed an offence knowing that there is no just or lawful basis for the charge. At the trial A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. A may be separately charged with offences under sections 211 and 194 of the Penal Code.
(e)
A, with 6 others, commits the offences of rioting, causing grievous hurt and assaulting a public servant trying to suppress the riot in the discharge of his duty. A may be separately charged with offences under sections 145, 325 and 152 of the Penal Code.
(f)
A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may be separately charged with each of the 3 offences under section 506 of the Penal Code.
(g)
A locks B and C in a room and then sets fire to that room, intending thereby to cause their deaths. A may be separately charged with each of the 2 offences under section 302 of the Penal Code.
135. If the alleged acts constitute an offence falling within 2 or more separate definitions of any law by which offences are defined or punished, then the person accused of them may be charged with and tried at one trial for each of those offences.
Illustrations
The separate charges referred to in illustrations (a) to (d) below respectively may be tried at one trial.
(a)
A wrongfully strikes B with a cane. A may be separately charged with offences under sections 352 and 323 of the Penal Code (Cap. 224).
(b)
Several stolen sacks of rice are passed to A and B, who know they are stolen property, so they can conceal them. A and B then voluntarily help each other to conceal the sacks at the bottom of a grain-pit. A and B may be separately charged with offences under sections 411 and 414 of the Penal Code.
(c)
A exposes her child with the knowledge that by doing so she is likely to cause its death. The child dies as a result. A may be separately charged with offences under sections 317 and 304 of the Penal Code.
(d)
A dishonestly uses a forged document as evidence to convict B, a public servant, of an offence under section 167 of the Penal Code. A may be separately charged with offences under sections 471 (read with section 466) and 196 of the Penal Code.
136. If several acts of which one or more than one would by itself or themselves constitute an offence but when combined constitute a different offence, the person accused of them may be charged with and tried at one trial for the offence constituted by those acts when combined or for any offence constituted by any one or more of those acts.
Illustration
A robs B, and in doing so voluntarily hurts him. A may be separately charged with offences under sections 323, 392 and 394 of the Penal Code and he may be tried at one trial for those offences.
Sections 134, 135 and 136 not to affect section 308
138. If a single act or series of acts is such that it is doubtful which of several offences the provable facts will constitute, the accused may be charged with all or any of those offences and any number of the charges may be tried at once, or he may be charged in the alternative with any one of those offences.
Illustrations
(a)
A is accused of an act that may amount to theft or receiving stolen property or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft or receiving stolen property or criminal breach of trust or cheating.
(b)
A states on oath before the committing Magistrate that he saw B hit C with a club. Before the High Court, A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence although it cannot be proved which of these contradictory statements was false.
139. If in the case mentioned in section 138 the accused is charged with one offence and it appears in evidence that he committed a different offence for which he might have been charged under that section, he may be convicted of the offence that he is shown to have committed although he was not charged with it.
Illustration
A is charged with theft. In evidence it appears that he committed the offence of criminal breach of trust or of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods, as the case may be, although he was not charged with that offence.
140. When the accused is charged with an offence, he may be convicted of having attempted to commit it or of having abetted its commission, although neither the attempt nor the abetment is separately charged.
141.
—(1) If the charge against a person in respect of any offence consists of several particulars, a combination of only some of which forms a complete lesser offence, and the combination is proved but the remaining particulars are not proved, he may be convicted of the lesser offence although he was not charged with it.
(2) When a person is charged with an offence and facts are proved which reduce it to a lesser offence, he may be convicted of the lesser offence although he is not charged with it.
Illustrations
(a)
A is charged under section 407 of the Penal Code (Cap. 224) with criminal breach of trust in respect of property entrusted to him as a carrier. It appears that he did commit criminal breach of trust under section 406 of the Penal Code in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under section 406 of the Penal Code.
(b)
A is charged under section 325 of the Penal Code with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of the Penal Code.
Where court finds offence referred to in section 10 proved
142. Where the court makes a finding under section 139 or 141 that any offence referred to in section 10(1) has been proved, the court may only pronounce a conviction if the consent of the Public Prosecutor is obtained.
143. The following persons may be charged and tried together or separately:
(a)
persons accused of the same offence committed in the same transaction;
(b)
persons accused of different offences committed in the same transaction;
(c)
persons accused of 2 or more offences which form or are a part of a series of offences of the same or a similar character;
(d)
a person accused of an offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating, and another person accused of receiving or retaining or assisting in the disposal or concealment of the subject matter of that offence;
(e)
persons accused of offences under sections 411 and 414 of the Penal Code (Cap. 224), or either of those sections, in respect of the same stolen property, the possession of which has been transferred as a result of the original offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating;
(f)
a person accused of any offence under Chapter XII of the Penal Code relating to a counterfeit coin, and a person accused of any other offence under that Chapter relating to the same coin;
(g)
a person accused of committing an offence and a person accused of abetment of or attempt to commit that offence.
Illustrations
(a)
A and B are accused of the same murder. A and B may be charged and tried together for the murder.
(b)
A and B are accused of a robbery during which A commits a murder with which B has nothing to do. A and B may be tried together, where both will be tried for robbery and A tried also for the murder.
(c)
A and B are both charged with a theft and B is charged with 2 other thefts he committed during the same transaction. A and B may both be tried together, where both will be tried for the one theft and B alone for the 2 other thefts.
(d)
A commits theft of a computer. B, knowing that the computer was stolen, receives it from A. B then passes it to C who, knowing that the computer was stolen, disposes of it. A, B and C may all be tried together.
(e)
A and B are accused of giving false evidence in the same proceedings. They should be charged and tried separately.
144. Notwithstanding section 143, a person may be separately charged and tried together with any other person accused of another offence under the same written law, if both offences arise from the same series of acts, whether or not they form the same transaction.
Illustrations
(a)
A agrees to let B keep his benefits of drug trafficking in A’s bank account to avoid detection. A and B may be separately charged and tried together for offences under sections 43(1)(a) and 46(1)(a) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A) respectively as the offences arise from the same series of acts.
(b)
A sells 10 grams of diamorphine to B. Out of the 10 grams of diamorphine, B sells 5 grams to C. A, B and C may be separately charged and tried together for offences under section 5(1)(a) of the Misuse of Drugs Act (Cap. 185) as the offences arise from the same series of acts.
(c)
A has in his possession a secret official code word which has been entrusted in confidence to him by a person holding office under the Government and fails to take reasonable care of the secrecy of the information. As a result of A’s failure, B comes into possession of the secret official code word and retains it for a purpose prejudicial to the safety of Singapore when he has no right to retain it. A and B may be separately charged and tried together for offences under sections 5(1)(d)(iv) and 6(2)(a) of the Official Secrets Act (Cap. 213) respectively as the offences arise from the same series of acts.
(d)
A gives B a gratification as an inducement for awarding a contract by B’s company to A. A and B may be separately charged and tried together for offences under section 6(b) and (a) of the Prevention of Corruption Act (Cap. 241) respectively as the offences arise from the same series of acts.
(e)
Members of opposing factions in an unlawful assembly or a riot may be separately charged and tried jointly as the offence of unlawful assembly or rioting arises from the same series of acts.
145.
—(1) A court may try offences together at one trial or order a joint trial notwithstanding that it cannot do so by virtue of section 133, 134, 135, 136, 138, 143 or 144, if —
(a)
in a case where an accused is charged with 2 or more offences, the Public Prosecutor and the accused consent to have all such offences tried together;
(b)
in a case where 2 or more persons are charged with separate offences, the Public Prosecutor and all such persons consent to a joint trial.
(2) Notwithstanding subsection (1), the court shall not try offences together or order a joint trial in relation to a person who had earlier given consent under that subsection if —
(a)
at the time when the consent is given, the person is not represented by an advocate; and
(b)
at the time of the trial, that person objects to the court trying the offences together or to the joint trial.
146. Notwithstanding any other provision in this Code, where before a trial or at any stage of a trial, a court is of the view that an accused may be prejudiced or embarrassed in his defence because —
(a)
he is charged with and tried at one trial for more than one offence under section 133, 134, 135, 136 or 145(1)(a); or
(b)
he is charged with and tried at one trial with one or more other co-accused under section 143, 144 or 145(1)(b),
the court may order that he be charged and tried separately for any one or more of the offences.
147.
—(1) Where 2 or more charges are made against the same person and he has been convicted on one or more of them, the prosecution may, with the consent of the court, withdraw the remaining charge or any of the remaining charges.
(2) Such withdrawal shall have the effect of an acquittal on the remaining charge or charges withdrawn unless the conviction is set aside.
(3) Where a conviction is set aside under subsection (2), and subject to any order of the court setting aside the conviction, the court may proceed with the trial of the charge or charges previously withdrawn.
148.
—(1) If the accused is found guilty of an offence in any criminal proceedings begun by or on behalf of the Public Prosecutor, the court in determining and passing sentence may, with the consent of the prosecution and the accused, take into consideration any other outstanding offences that the accused admits to have committed.
(2) If the outstanding offences referred to in subsection (1) were not begun by or on behalf of the Public Prosecutor, the court must first be satisfied that the person or authority by whom those proceedings were begun consents to that course of action.
(3) The High Court may, under subsection (1), take into consideration any outstanding offences an accused admits to have committed when passing sentence, notwithstanding that no committal hearing under Division 2 of Part X or no transmission proceedings under Division 5 of Part X have been held in respect of those outstanding offences.
(4) When consent is given under subsection (1) or (2) and any outstanding offences are taken into consideration in determining and passing sentence, such fact must be entered in the court’s record.
(5) After being sentenced, the accused may not, unless his conviction for the original offence under subsection (1) is set aside, be charged or tried for any such offence that the court had taken into consideration under this section.
PART VIII
INITIATION OF CRIMINAL PROCEEDINGS AND
COMPLAINT TO MAGISTRATE
COMPLAINT TO MAGISTRATE
150. Criminal proceedings against any person may be initiated pursuant to an arrest, a summons, an arrest warrant, a notice to attend court or any other mode for compelling the attendance of a person in court which is provided for under this Code or any other written law, as the case may be.
151.
—(1) Any person may make a complaint to a Magistrate.
(2) On receiving a complaint by a person who is not a police officer nor an officer from a law enforcement agency nor a person acting with the authority of a public body, the Magistrate —
(a)
must immediately examine the complainant on oath and the substance of the examination must be reduced to writing and must be signed by the complainant and by the Magistrate; and
(b)
may, after examining the complainant —
(i)
for the purpose of inquiring into the case himself, issue a summons to compel the attendance before him of any person who may be able to help him determine whether there is sufficient ground for proceeding with the complaint;
(ii)
direct any police officer to make inquiries for the purpose of ascertaining the truth or falsehood of the complaint and report to the Magistrate the result of those inquiries;
(iii)
proceed in accordance with section 15 of the Community Mediation Centres Act (Cap. 49A); or
(iv)
postpone consideration of the matter to enable the complainant and the person complained against to try to resolve the complaint amicably.
152.
—(1) After examining the complainant under section 151(2)(a), and making any inquiry under section 151(2)(b)(i) or considering the result of any inquiry under section 151(2)(b)(ii), the Magistrate may dismiss the complaint if he decides that there is insufficient reason to proceed.
(2) Where in relation to any complaint, the Magistrate or a police officer has referred any case for mediation under section 15 of the Community Mediation Centres Act (Cap. 49A) or under section 16(1)(c), respectively, and the complainant has failed or refused to attend the mediation session, the Magistrate may dismiss the complaint if the complainant does not provide reasonable grounds for such failure or refusal.
(3) If the Magistrate dismisses the complaint, he must record his reasons.
153.
—(1) A Magistrate must issue a summons for the attendance of an accused if —
(a)
he finds sufficient reason to proceed with a complaint made by a person who is not a police officer nor an officer from a law enforcement agency nor a person acting with the authority of a public body;
(b)
he finds sufficient reason to proceed with a complaint made by a police officer, an officer from a law enforcement agency or a person acting with the authority of a public body, and the complaint is written and signed by that officer or person;
(c)
he knows or suspects that an offence has been committed; or
(d)
the accused is brought before the court in custody without process and is accused of having committed an offence which the court has jurisdiction to inquire into or try,
and the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a summons.
(2) In determining whether there is sufficient reason to proceed under subsection (1)(a), the Magistrate shall take into account whether the accused has failed or refused to attend any mediation session when the Magistrate has proceeded in accordance with section 15 of the Community Mediation Centres Act (Cap. 49A) or when a police officer has referred the case to a mediator for mediation under section 16(1)(c), and if so, whether the accused had any reasonable grounds for such failure or refusal.
(3) If the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a warrant, he may do so or, if he thinks fit, issue a summons causing the accused to be brought or to appear at a certain time before a Magistrate’s Court.
(4) If the accused fails or refuses to attend any mediation session without providing reasonable grounds for such failure or refusal, the Magistrate may take such failure or refusal into consideration when issuing any further order or direction as the Magistrate deems fit, or when sentencing the accused.
(5) This section does not affect section 120.
154.
—(1) A Magistrate issuing a summons may dispense with the personal attendance of the accused and permit him to appear by an advocate.
(2) In any case relating to an offence punishable by fine only or by imprisonment for 12 months or less, or both, and in which a Magistrate has issued a summons, an accused who wishes to plead guilty and be convicted and sentenced in his absence may —
(a)
appear by an advocate; or
(b)
by letter plead guilty and agree to pay any fine that may be imposed for that offence.
(3) In the case where the accused pleads guilty by letter, the court may record a plea of guilty, convict him according to law, and sentence him to a fine with or without a sentence of imprisonment if he fails to pay the fine.
(4) If the accused pleads guilty by letter, he must state in the letter a postal address.
(5) Notwithstanding section 3, the court must then send, by registered post using the particulars stated under subsection (4), a letter informing the accused of the sentence imposed.
(6) The accused must pay the fine within 7 days from the date on which the court’s letter was posted or transmitted.
(7) The court inquiring into or trying the case may at any stage of the proceeding direct the accused to attend in person, and if necessary may enforce his attendance in the way set out in section 153.
(8) If the court intends to impose a sentence of imprisonment without the option of a fine, it must require the accused to attend in person.
(9) If the accused wishes to withdraw his plea of guilty and claim trial when he appears pursuant to subsection (8), then the court must, notwithstanding any order of conviction made in his absence, permit him to withdraw his plea and then hear and determine the case, and if the court convicts him, pass sentence according to law.
(10) Nothing in this section shall affect the powers of the court conferred by section 156.
155. In a private prosecution commenced pursuant to a complaint under section 151 for an offence which is compoundable under section 241, the court may at any time before calling upon the accused to enter upon his defence, discharge the accused if the complainant is absent.
156. If ––
(a)
an accused does not appear at the time and place mentioned in the summons or notice to attend court and it appears to the court on oath that the summons or notice was duly served a reasonable time before the time appointed in it for appearing; and
(b)
no sufficient ground is shown for an adjournment,
the court may either proceed ex parte to hear and determine the complaint or may postpone the hearing to a future day.
PART IX
PRE-TRIAL PROCEDURES IN THE SUBORDINATE COURTS
157. In this Part —
“Case for the Defence” means the document by that name referred to in section 165;
“Case for the Prosecution” means the document by that name referred to in section 162;
“co-accused” means any person who is to be tried jointly with an accused and to whom the criminal case disclosure procedures apply by virtue of section 159;
“court” means a Magistrate’s Court or a District Court, as the case may be;
“criminal case disclosure conference” means any conference held under Division 2 in respect of any offence to which the criminal case disclosure procedures apply by virtue of section 159;
“criminal case disclosure procedures” means the procedures under Division 2.
158. In a case to be tried in a Magistrate’s Court or District Court, the following provisions apply:
(a)
when an accused is first charged in the court for an offence, a charge must be framed, read and explained to him;
(b)
the accused must be asked whether he wishes to claim trial or plead guilty to the charge unless either party to the case applies for, and the court grants, an adjournment without the plea being recorded; and
(c)
if the accused, after he has been asked to plead —
(i)
pleads guilty to the charge, Division 3 of Part XI applies;
(ii)
refuses to plead or does not plead or claims trial to the charge, and the case is subject to the criminal case disclosure procedures by virtue of section 159, Division 2 applies; or
(iii)
refuses to plead or does not plead or claims trial to the charge, and the case is not subject to the criminal case disclosure procedures by virtue of section 159, Division 4 applies.
159.
—(1) Subject to subsection (2), the criminal case disclosure procedures shall apply to an offence which ––
(a)
is specified in the Second Schedule; and
(b)
is to be tried in a District Court.
(2) The criminal case disclosure procedures shall not apply if the accused, on or before the date of the first criminal case disclosure conference fixed by a court under section 161(1), or such other date to which the first criminal case disclosure conference is adjourned under section 238, informs the court that he does not wish to have the criminal case disclosure procedures apply.
(3) For any offence other than an offence referred to in subsection (1), the criminal case disclosure procedures shall not apply unless all parties consent to have the procedures apply.
160.
—(1) The prosecution and the accused shall attend a criminal case disclosure conference as directed by a court in accordance with this Division for the purpose of settling the following matters:
(a)
the filing of the Case for the Prosecution and the Case for the Defence;
(b)
any issues of fact or law which are to be tried by the trial judge at the trial proper;
(c)
the list of witnesses to be called by the parties to the trial;
(d)
the statements, documents or exhibits which are intended by the parties to the case to be admitted at the trial; and
(e)
the trial date.
(2) The Magistrate or District Judge who presides over a criminal case disclosure conference must not make any order in relation to any matter referred to in subsection (1) in the absence of any party if the order is prejudicial to that party.
(3) Where an accused claims trial, the Magistrate or District Judge who had presided over the criminal case disclosure conference in relation to the accused’s case must not conduct the trial.
(4) Where an accused informs the court during any criminal case disclosure conference conducted under this Division that he intends to plead guilty to the charge, the court must fix a date for his plea to be taken in accordance with Division 3 of Part XI.
161.
—(1) In a case where the criminal case disclosure procedures apply by virtue of section 159, and on the date the accused is asked by the court how he wishes to plead and the accused refuses to plead or does not plead or claims trial, the court must, unless there are good reasons, fix a first criminal case disclosure conference not earlier than 8 weeks from that date.
(2) If, at the first criminal case disclosure conference, or such other date to which the first criminal case disclosure conference has been adjourned under section 238, the accused does not indicate that he wishes to plead guilty to the charge, the prosecution must file in court the Case for the Prosecution and serve a copy of this on the accused and every co-accused, if any, not later than 2 weeks from the date of the first criminal case disclosure conference or such date to which the first criminal case disclosure conference is adjourned.
(3) Where at a criminal case disclosure conference, the accused indicates that he wishes to claim trial to more than one charge, the Case for the Prosecution to be served under subsection (2) shall only relate to those charges that the prosecution intends to proceed with at the trial.
(4) The court may at any time fix a date for a further criminal case disclosure conference not earlier than 7 days from the date the Case for the Prosecution is to be filed under this section.
162. The Case for the Prosecution must contain —
(a)
the charge which the prosecution intends to proceed with at the trial;
(b)
a summary of the facts in support of the charge;
(c)
a list of the names of the witnesses for the prosecution;
(d)
a list of the exhibits that are intended by the prosecution to be admitted at the trial; and
(e)
any statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution.
Illustrations
(a)
A is charged with theft of a shirt from a shop. The summary of facts should state the facts in support of the charge, for example, that A was seen taking a shirt in the shop and putting it into his bag, and that A left the shop without paying for the shirt.
(b)
A is charged with conspiracy to cheat together with a known person and an unknown person. The summary of facts should state —
(i)
when and where the conspiracy took place; and
(ii)
who the known conspirators were and what they did.
(c)
A is charged with robbery and 3 separate statements, X, Y and Z were recorded from him by the police at 3 different time periods. If the prosecution intends to adduce in evidence as part of the Case for the Prosecution statement Y, but not statements X and Z, the Case for the Prosecution must contain the entire statement Y. The Case for the Prosecution need not contain statements X and Z.
163.
—(1) At the further criminal case disclosure conference held on the date referred to in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the accused does not indicate that he wishes to plead guilty, the defence must file in court the Case for the Defence and serve a copy thereof on the prosecution and on every co-accused who is claiming trial with him, if any, not later than 2 weeks from the date of the further criminal case disclosure conference or such date to which the further criminal case disclosure conference is adjourned.
(2) The court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under subsection (1) and after the prosecution is to serve on the accused copies of the statements, exhibits and records referred to in section 166(1).
164. At the further criminal case disclosure conference held on the date referred to in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the accused is not represented by an advocate, the court must explain to him, in accordance with the prescribed form, the requirements of section 163(1), the effect of section 166 and the consequences provided under section 169(1).
165.
—(1) The Case for the Defence must contain —
(a)
a summary of the defence to the charge and the facts in support of the defence;
(b)
a list of the names of the witnesses for the defence;
(c)
a list of the exhibits that are intended by the defence to be admitted at the trial; and
(d)
if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —
(i)
a statement of the nature of the objection;
(ii)
the issue of fact on which evidence will be produced; and
(iii)
the points of law in support of such objection.
Illustration 1
A is charged with robbery. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim gave the items to A voluntarily) and any issue of law which A intends to rely on (for example, that A’s act did not amount to robbery as the elements of that offence were not made out, or that a general exception in Chapter IV of the Penal Code (Cap. 224) applied in this case).
Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of his statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements he intends to challenge and the facts that he intends to rely on to support his challenge.
(2) Notwithstanding subsection (1), an accused who is not represented by an advocate need not state any —
(a)
objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or
(b)
point of law in support of any objection raised by the defence.
166.
—(1) Where the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks from the date of service, serve on the accused copies of —
(a)
all other statements given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial;
(b)
the documentary exhibits referred to in section 162(d); and
(c)
criminal records, if any, of the accused, upon payment of the prescribed fee.
(2) Where the Case for the Defence has not been served on the prosecution, the prosecution —
(a)
need not serve on the defence any of the statements, exhibits or records referred to in subsection (1); and
(b)
may use any such statements, exhibits or records at the trial.
167. If, at the further criminal case disclosure conference held on the date referred to in section 163(2), the accused does not indicate that he wishes to plead guilty, the court may fix a date for trial.
168. If, subsequent to any criminal case disclosure conference held under this Division in relation to an accused, a co-accused is charged, the court may do all or any of the following:
(a)
order the prosecution to serve on the co-accused the Case for the Prosecution in relation to the accused;
(b)
order the accused to serve on the co-accused his Case for the Defence, if any.
169.
—(1) The court may draw such inference as it thinks fit if —
(a)
the prosecution fails to serve the Case for the Prosecution on the accused or the defence fails to serve the Case for the Defence after the Case for the Prosecution has been served on the accused;
(b)
the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 162 or 165(1), respectively; or
(c)
the prosecution or the defence puts forward a case at the trial which differs from or is otherwise inconsistent with the Case for the Prosecution or the Case for the Defence, respectively, that has been filed.
(2) If the prosecution fails to serve the Case for the Prosecution in respect of any charge which the prosecution intends to proceed with at trial within the time permitted under section 161 or the Case for the Prosecution does not contain any or any part of the items specified in section 162, a court may order a discharge not amounting to an acquittal in relation to the charge.
170. In a case where the criminal case disclosure procedures do not apply by virtue of section 159, and on the date the accused is asked by the court how he wishes to plead and the accused refuses to plead or does not plead or claims trial, the court may —
(a)
proceed to try the accused immediately or on such date as the court directs; or
(b)
transfer the case to another court of equal jurisdiction for the case to be tried in accordance with Part XII at a later date.
171. In a case where the criminal case disclosure procedures do not apply by virtue of section 159, a court may, at any time, fix the date for and conduct a pre-trial conference to settle any administrative matter in relation to a trial.
PART X
PRE-TRIAL PROCEDURES IN HIGH COURT
172. In this Part —
“Case for the Defence” means the document by that name referred to in sections 195 and 217;
“Case for the Prosecution” means the document by that name referred to in sections 176(4) and 214;
“co-accused” means any person who is to be tried jointly with an accused in the High Court.
173. In a case that is triable only in the High Court, the accused shall be first produced before a Magistrate’s Court and the charge shall be explained to him but he shall not be called upon to plead thereto.
174. Any such person produced under section 173 may be remanded in accordance with section 238.
[2/2012]
175.
—(1) Before a case is to be tried in the High Court, the committal procedures under Division 2 or the transmission procedures under Division 5 shall apply in accordance with this section.
(2) Subject to subsections (3), (4) and (5), the committal procedures under Division 2 shall be held for the purpose of committing an accused to stand trial in the High Court where the accused is to be tried in the High Court for an offence.
(3) The transmission procedures under Division 5 shall apply to any offence specified in the Third Schedule which is to be tried in the High Court.
(4) Where an accused may be tried at the same trial in the High Court for an offence specified in the Third Schedule, together with an offence which is not specified in the Third Schedule and is not punishable with death, the transmission procedures under Division 5 shall apply to both offences.
(5) Where an accused may be tried at the same trial in the High Court for an offence specified in the Third Schedule, together with an offence which is not specified in the Third Schedule and is punishable with death, the transmission procedures under Division 5 shall apply to the offence specified in the Third Schedule and the committal procedures under Division 2 shall apply to the other offence.
176.
—(1) The prosecution and the accused shall attend a criminal case disclosure conference as directed by a court for the purpose of settling the following matters:
(a)
the charge that the prosecution intends to proceed with;
(b)
whether the accused intends to plead guilty or claim trial to the charge; and
(c)
the date for the holding of a committal hearing.
(2) If the accused intends to plead guilty to an offence other than an offence punishable with death, the court shall fix a date for a committal hearing to be conducted in accordance with section 178(1).
(3) If the accused intends to plead guilty to an offence punishable with death, or intends to claim trial —
(a)
the court shall fix a date for a committal hearing; and
(b)
the prosecution must file in court the Case for the Prosecution and serve a copy of this on the accused and every co-accused, if any, not less than 7 days before the date fixed for the committal hearing.
(4) The Case for the Prosecution filed under subsection (3)(b) must contain the following:
(a)
the charge which the prosecution intends to proceed with at the trial;
(b)
a list of the names of the witnesses for the prosecution;
(c)
a list of exhibits that are intended by the prosecution to be admitted at the trial;
(d)
the statements of witnesses which are intended by the prosecution to be admitted under section 179(1); and
(e)
any statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution.
177.
—(1) A committal hearing under this Division shall be held before a Magistrate (referred to as the examining Magistrate).
(2) Whenever from any cause an examining Magistrate conducting a committal hearing is unable to conveniently complete the proceedings of the hearing himself, another examining Magistrate may complete the hearing and proceed as if he had heard and recorded all the evidence himself.
178.
—(1) Subject to subsection (2), where an accused who is brought before an examining Magistrate states that he wishes to plead guilty to the charge preferred against him, the Magistrate shall record the facts of the case presented by the prosecution and if the facts disclose sufficient grounds for committing the accused, he shall satisfy himself that the accused understands the nature of the charge and intends to admit without qualification the offence alleged against him and, on being so satisfied, shall commit the accused for trial for the offence.
(2) Where the accused wishes to plead guilty to an offence punishable with death, the examining Magistrate shall proceed to hear all the evidence tendered by the prosecution and the defence, which shall consist of the written statements referred to in section 179, and satisfy himself that the statements disclose sufficient evidence for him to commit the accused for trial for the offence.
(3) After an accused has been committed for trial for any offence under this section, the Registrar of the Supreme Court may at any time fix a date for the plea of guilty by the accused to be taken in accordance with Division 3 of Part XI.
179.
—(1) Notwithstanding anything in this Code or in any other written law, in a committal hearing conducted under this Division, a written statement made by any person is admissible as evidence to the same extent and to the same effect as oral evidence by the person, if the following conditions are satisfied:
(a)
the statement appears to be signed by the person who made it;
(b)
the statement contains a declaration by the person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were given in evidence, he would be liable to prosecution if he stated in it anything he knew to be false or did not believe to be true; and
(c)
before the statement is given in evidence, a copy of the statement is served, by or on behalf of the party proposing to give it, on each of the other parties to the committal hearing not less than 7 days before the date of the committal hearing.
(2) The following provisions also apply to any written statement given in evidence under this section:
(a)
if the statement is by a person below the age of 21 years, it must state his age;
(b)
if it is made by a person who cannot read it, it must be read to him before he signs it and must be accompanied by a declaration by the person who read the statement to him, stating that it was so read; and
(c)
if it refers to any other document as an exhibit, the copy of the written statement served on any other party to the committal hearing under subsection (1)(c) must be accompanied by a copy of that document or by information that will enable the party on whom it is served to inspect that document or make a copy of it.
(3) Where a written statement made by any person is admitted in evidence under this section, the examining Magistrate may, of his own motion or on the application of any party to the committal hearing, require the person to attend before the examining Magistrate and give evidence.
(4) So much of any statement as is admitted in evidence under this section must, unless the examining Magistrate otherwise directs, be read aloud at the hearing and where the examining Magistrate so directs, an account shall be given orally of so much of any statement as is not read aloud.
(5) A document or an object referred to as an exhibit and identified in a written statement given in evidence under this section must be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.
(6) Section 297 shall apply to any written statement tendered in evidence at a committal hearing under this section, as it applies to a deposition taken in the committal hearing.
180.
—(1) When the written statements and all the other evidence, if any, in support of the prosecution have been received in evidence, the examining Magistrate shall, if he finds that there are insufficient grounds for committing the accused for trial, discharge him.
(2) Nothing in this section shall be deemed to prevent an examining Magistrate from discharging the accused at any previous stage of the case if for reasons to be recorded by the examining Magistrate, he considers the charge to be groundless.
(3) When the examining Magistrate is of the opinion that there are peculiar difficulties or circumstances connected with the case or whenever he is so directed by the Public Prosecutor, he shall remand the accused or admit him to bail and shall forthwith forward the evidence before the court to the Public Prosecutor in order that he may give such instructions as to him appear requisite.
181. If after taking the written statements and all the other evidence, if any, in support of the prosecution, the examining Magistrate is of the opinion that, on the evidence as it stands, the accused should be committed for trial on the charge that the prosecution tenders to the examining Magistrate, the charge shall be read and explained to the accused and the examining Magistrate shall say to him these words or words to the like effect:
“Having heard the evidence, do you wish to say anything in answer to the charge? You have nothing to hope from any promise of favour and nothing to fear from any threat which may have been held out to you to induce you to make any confession of your guilt. You are not bound to say anything unless you desire to do so but whatever you say will be taken down in writing and may be given in evidence at your trial.”.
182. If the accused elects to reserve his defence, he shall forthwith be committed for trial before the High Court.
183.
—(1) If the accused elects to make his defence before the examining Magistrate instead of making a written statement under section 179, the statement made by the accused, if any, shall be taken down in writing and read over to him and shall be signed by the examining Magistrate and kept with the written statements made under section 179 and depositions, if any, and forwarded with them as hereinafter mentioned.
(2) The evidence of the accused if he tenders himself as a witness in his own behalf in lieu of making a statement under subsection (1) or section 179 and of any witnesses whom he may desire to call shall then be taken.
(3) Notwithstanding anything in the Evidence Act (Cap. 97), the accused shall be a competent witness in his own behalf in a committal hearing under this Division.
184. In a committal hearing under this Division, the accused or his advocate may at the end of the prosecution case and, if the accused has elected to make his defence, at the end of the defence case, address the examining Magistrate on a submission that there is insufficient evidence to put the accused on trial for the offence of which he is charged, and the person conducting the prosecution shall have the right of reply.
185. When sections 183 and 184 have been complied with, the examining Magistrate shall —
(a)
if he finds that there are insufficient grounds for committing the accused for trial, discharge the accused; or
(b)
if he finds that there are sufficient grounds for committing the accused for trial, commit the accused for trial before the High Court.
186.
—(1) Witnesses for the prosecution and the defence whose attendance before the High Court is necessary and who have appeared before the examining Magistrate pursuant to section 179(3) or whose written statements have been admitted by the examining Magistrate under that section shall execute bonds binding themselves to be in attendance when called upon at the High Court to give evidence.
(2) If any witness refuses to execute such bond, the examining Magistrate may commit him to prison until the trial or until he gives satisfactory security that he will give evidence at the trial.
187.
—(1) Where any report under section 20 of the Coroners Act 2010 (Act 14 of 2010) or any document under section 263(1) has been used as evidence in a committal hearing, the examining Magistrate shall then inform the accused that he has the right to require the attendance of the person under whose hand the report or document is made as a witness at the trial, and that he may, to this end, give notice at any time before the trial to the Registrar of the Supreme Court, or to the officer in charge of the prison in which he is kept, of his wish that that person be required to attend at the trial.
(2) On receiving any such notice from the accused, the officer in charge of the prison shall notify the Registrar of the Supreme Court.
(3) The Registrar of the Supreme Court on receipt of such notice from the accused or from the officer in charge of the prison shall forthwith issue a summons to compel the attendance of that person at the trial.
(4) Nothing in this section shall render such report or document inadmissible in evidence when the person who made it is dead or cannot be found or is incapable of giving evidence, or if his presence cannot be obtained without an amount of delay or expense which under the circumstances of the case the court considers unreasonable.
(5) At any committal hearing, any report made under section 20 of the Coroners Act 2010 shall be admissible as evidence, and shall be prima facie evidence of the facts stated therein.
188.
—(1) When the accused is committed for trial, the examining Magistrate shall send a copy of the record of the committal hearing to the Public Prosecutor and to the accused and, when the Magistrate receives an order from the Public Prosecutor to do so, forward the original record and any document, weapon or other thing which is to be produced in evidence to the Registrar of the Supreme Court.
(2) Any such thing which from its bulk or otherwise cannot conveniently be forwarded to the Registrar of the Supreme Court may remain in the custody of the police or any other law enforcement agency.
(3) A list of all exhibits with a note of their distinguishing marks and showing which of those exhibits are forwarded with the record and which remain in the custody of the police or any other law enforcement agency shall be forwarded to the Registrar of the Supreme Court with the record.
(4) The record shall comprise the following particulars:
(a)
the serial number;
(b)
the date of the commission of the offence;
(c)
the date of the complaint, if any;
(d)
the name and residence of the complainant, if any;
(e)
the name, residence, if known, and nationality of the accused;
(f)
the offence complained of and the offence, if any, proved and the value of the property, if any, in respect of which the offence has been committed;
(g)
the date of the summons or warrant and of the return day of the summons, if any, or on which the accused was first arrested;
(h)
the date on which the accused first appeared or was brought before the Magistrate’s Court;
(i)
the date of the making of each adjournment or postponement, if any, and the date to which the adjournment or postponement was made and the grounds of making the same;
(j)
the date on which the proceedings terminated;
(k)
the order made;
(l)
the written statements referred to in section 179;
(m)
the depositions;
(n)
the statement or evidence of the accused under section 183, if any; and
(o)
the charge.
190.
—(1) Except as provided by subsections (2) and (3), it shall not be lawful to publish a report of any committal hearing containing any matter other than that permitted by subsection (4).
(2) A Magistrate’s Court shall, on an application for the purpose made with reference to any committal hearing by the accused person or one of the accused persons, as the case may be, order that subsection (1) shall not apply to reports of those proceedings.
(3) It shall not be unlawful under this section to publish a report of any committal hearing containing any matter other than that permitted by subsection (4) —
(a)
where the examining Magistrate determines not to commit the accused person or persons for trial, after he so determines; and
(b)
where an examining Magistrate commits the accused person or any of the accused persons for trial, after the conclusion of his trial or, as the case may be, the trial of the last to be tried.
(4) The following matters may be contained in a report of a committal hearing published without an order under subsection (2) before the time authorised by subsection (3):
(a)
the identity of the court and the name of the examining Magistrate;
(b)
the names, and occupations of the parties and the ages of the accused person or persons;
(c)
the offence or offences, or a summary of them, with which the accused person or persons is or are charged;
(d)
the names of advocates engaged in the proceedings;
(e)
any decision of the court to commit the accused person or any of the accused persons for trial, and any decision of the court on the disposal of the case of any accused person not committed;
(f)
where the court commits the accused person or any of the accused persons for trial, the charge or charges, or a summary of them, on which he is committed;
(g)
where the committal hearing is adjourned, the date to which it is adjourned;
(h)
any arrangements as to bail on committal or adjournment.
(5) If a report is published in contravention of this section, the following persons shall be liable on summary conviction to a fine not exceeding $5,000:
(a)
in the case of a publication of a report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;
(b)
in the case of a publication of a report otherwise than as part of a newspaper or periodical, the person who publishes it;
(c)
in the case of a broadcast of a report by a body corporate, limited liability partnership, partnership or unincorporated association, any person acting on behalf of the body corporate, limited liability partnership, partnership or unincorporated association, having functions in relation to the broadcast of the report corresponding to those of the editor of a newspaper or periodical.
(6) Proceedings for an offence under this section shall not be instituted otherwise than by or with the consent of the Public Prosecutor.
(7) Subsection (1) shall be in addition to, and not in derogation of, the provisions of any other written law with respect to the publication of reports and proceedings of a Magistrate’s Court and any other court.
(8) In this section —
“broadcast” means any transmission of signs or signals for general reception, using wireless telecommunications or any other means of delivery, whether or not the transmission is encrypted;
“publish”, in relation to a report, means make the report available to the general public of Singapore, or any section thereof, in whatever form and by whatever means, including broadcasting and transmitting on what is commonly known as the Internet.
191. If a conflict arises between sections 176 to 190 and any other provisions of this Code or of any other written law, sections 176 to 190 shall prevail.
192.
—(1) After the accused has been committed to stand trial in the High Court (not being a committal for trial under section 178), the Registrar of the Supreme Court shall hold a criminal case disclosure conference not earlier than 7 days from the date the record of the committal hearing has been served on the parties under section 188.
(2) The accused and the prosecution shall attend a criminal case disclosure conference as directed by the Registrar of the Supreme Court in accordance with this Division for the purpose of settling the following matters:
(a)
the filing of the Case for the Defence;
(b)
any issues of fact or law which are to be tried by the trial judge at the trial proper;
(c)
the list of witnesses to be called by the parties to the trial;
(d)
the statements, documents or exhibits which the parties to the case intend to adduce at the trial; and
(e)
the trial date.
(3) The court must not make any order in relation to any matter referred to in subsection (2) in the absence of any party if the order is prejudicial to that party.
193.
—(1) If, at the criminal case disclosure conference held on the date referred to in section 192(1), or on such other date to which the criminal case disclosure conference is adjourned under section 238, the accused does not indicate that he wishes to plead guilty, the defence may file in court the Case for the Defence and serve a copy on the prosecution and on every co-accused who is claiming trial with him, if any, not later than 2 weeks from the date of the criminal case disclosure conference.
(2) If the accused indicates that he does not wish to file the Case for the Defence, the Registrar of the Supreme Court may fix a date for trial in the High Court.
(3) The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under subsection (1) and after the prosecution is to serve on the defence copies of the statements and records referred to in section 196(1).
194. If, at the criminal case disclosure conference held on the date referred to in section 192(1), the accused is not represented by an advocate, the Registrar of the Supreme Court must explain to him, in accordance with the prescribed form, what he may do under section 193(1), the effect of section 196 and the consequences provided under section 209.
195.
—(1) The Case for the Defence must contain —
(a)
a summary of the defence to the charge and the facts in support of the defence;
(b)
a list of the names of witnesses for the defence;
(c)
a list of the exhibits that are intended by the defence to be admitted at the trial; and
(d)
if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —
(i)
a statement of the nature of the objection;
(ii)
the issue of fact on which evidence will be adduced; and
(iii)
the points of law in support of such objection.
Illustration 1
A is charged with murder. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim attacked A with a knife first) and any issue of law (for example, that exceptions 2 (private defence) and 4 (sudden fight) to section 300 of the Penal Code (Cap. 224) apply).
Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of his statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements he intends to challenge and the facts that he intends to rely on to support his challenge.
(2) Notwithstanding subsection (1), an accused who is not represented by an advocate need not state any —
(a)
objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or
(b)
point of law in support of any objection raised by the defence.
196.
—(1) After the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks from the date of service, serve on the accused or his advocate copies of —
(a)
all other statements given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial; and
(b)
criminal records, if any, of the accused, upon payment of the prescribed fee.
(2) Where the Case for the Defence has not been served on the prosecution, the prosecution —
(a)
need not serve on the defence any statement or record referred to in subsection (1); and
(b)
may use any such statement or record at the trial.
197. If, at the further criminal case disclosure conference referred to in section 193(3), the accused does not indicate that he wishes to plead guilty, the Registrar of the Supreme Court may fix a date for trial.
198. If, subsequent to any criminal case disclosure conference held under this Division in relation to an accused, a co-accused is charged, the court may do all or any of the following:
(a)
order the prosecution to serve on the co-accused the Case for the Prosecution or the record of the committal hearing referred to in section 188(1) in relation to the accused;
(b)
order the accused to serve on the co-accused his Case for the Defence, if any.
199. All persons appearing before the High Court (under a commitment for trial or in pursuance of bail so to appear) against whom charges are preferred by or at the instance of the Public Prosecutor shall, unless the contrary is shown, be deemed to have been brought before the Court in due course of law, and, subject to this Code, shall be tried upon the charges so preferred.
200.
—(1) When a copy of the record of any committal hearing before a Magistrate’s Court has been transmitted to the Public Prosecutor as required by section 188, the Public Prosecutor, if he is of the opinion that no further proceedings should be taken in the case, may make an order in writing, signed by himself, directing the accused to be discharged from the matter of the charge and, if the accused is in custody, from further detention upon the charge.
(2) The Public Prosecutor shall send such order to the Magistrate’s Court by which the accused was committed or held to bail and thereupon that Court shall cause the accused to be brought before it and discharged and shall record the order and the discharge made on it upon the proceedings.
(3) The powers given to the Public Prosecutor by this section shall be exercised only by him.
201.
—(1) Whenever the Public Prosecutor is of the opinion that a criminal offence is disclosed by the record and that further proceedings should be taken against the accused and that the evidence taken is sufficient to afford a foundation for a full and proper trial, he shall, by his fiat in writing signed by himself, designate the court, whether the High Court, a District Court or a Magistrate’s Court, before which the case shall be placed for trial and shall order the record of the case to be transmitted to the court so designated.
(2) Such fiat shall be filed with and form part of the record of the case.
202.
—(1) If the court so designated is the High Court, the Public Prosecutor shall, with his fiat, send to the Magistrate’s Court a signed charge as required by section 123(7) which shall be annexed to and form part of the record.
(2) The Magistrate’s Court shall forthwith serve a copy of that charge on the accused.
203.
—(1) If the court so designated is other than the High Court, the accused and his sureties shall, if he is at large on bail, be served with a copy of the fiat and thereupon the bail of the accused shall be taken to refer to the court named in the fiat in the same manner as if that court had been the High Court.
(2) If the accused is detained in prison, the court shall cause a copy of the fiat to be left with the officer in charge of the prison who shall make and deliver a copy of it to the accused and shall produce the prisoner for trial accordingly.
(3) Any fiat made under this section shall be subject to any order made by the High Court under section 239.
204.
—(1) If the court designated by the fiat of the Public Prosecutor for the trial of the accused is a court other than the High Court, that court shall cause notices to that effect to be served on the witnesses who have been bound over to appear and give evidence.
(2) Thereupon the bail bond given by or for those witnesses shall be taken to refer to the court and time named in the notice in the same manner as if they had been bound over to appear and give evidence at that court and time, and the witnesses shall be legally bound to attend at the time appointed by that court for the trial of the case.
205. If the Public Prosecutor has by his fiat designated the High Court for the trial of the accused, he may nevertheless by subsequent fiat addressed to the High Court designate some other court for the trial, and sections 201(2), 203 and 204 shall then take effect as if the previous fiat had not been issued.
206. Before ordering the record of the committal hearing to be forwarded to the court of trial, the Public Prosecutor shall, if it appears to him necessary or expedient to do so, alter or redraw the charge or frame an additional charge or additional charges against the accused having regard to the regulations made under this Code as to the form of charges.
207. Every Magistrate’s Court shall, whenever required to do so by the Public Prosecutor, immediately transmit to the Public Prosecutor the proceedings in any case in which a committal hearing has been or is being held before the Court and thereupon the hearing shall be suspended in the like manner as upon an adjournment of it.
208.
—(1) The Public Prosecutor, upon the proceedings in any case being transmitted to him under section 207, may give such instructions with regard to the committal hearing to which those proceedings relate as he considers requisite, and thereupon the Magistrate shall carry into effect, subject to this Code, those instructions and shall conduct and conclude the committal hearing in accordance with the terms of those instructions.
(2) The powers given to the Public Prosecutor by section 207 and this section shall be exercised only by him.
209. The court may draw such inference as it thinks fit if —
(a)
the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 176(4) or 195(1), respectively; or
(b)
the prosecution or the defence puts forward a case at the trial which differs from or is otherwise inconsistent with the Case for the Prosecution or the Case for the Defence, respectively, that has been filed.
210.
—(1) Whenever the Public Prosecutor is of the opinion that there is sufficient evidence to afford a foundation for a full and proper trial, he shall, by fiat in writing signed by himself, designate the High Court to try —
(a)
an offence specified in the Third Schedule; or
(b)
the offences referred to in section 175(4) for which an accused may be tried at the same trial in the High Court.
(2) Upon receipt of the fiat referred to in subsection (1) together with the charge, the Magistrate’s Court shall cause the charge to be read and explained to the accused and thereafter —
(a)
transmit the case to the High Court for the purpose of trial; and
(b)
order that the accused shall be remanded in custody until and during the trial, unless he is released on bail.
211. If the Public Prosecutor has by his fiat designated the High Court for the trial of the accused, he may nevertheless by subsequent fiat addressed to the High Court designate a District Court or a Magistrate’s Court for the trial.
212.
—(1) After the case has been transmitted to the High Court, the accused and the prosecution shall, unless the Registrar of the Supreme Court for good reason directs otherwise, attend a first criminal case disclosure conference, not earlier than 4 weeks from the date of transmission as directed by the Registrar of the Supreme Court for the purpose of settling the following matters:
(a)
the filing of the Case for the Prosecution and the Case for the Defence;
(b)
any issues of fact or law which are to be tried by the trial judge at the trial proper;
(c)
the list of witnesses to be called by the parties to the trial;
(d)
the statements, documents or exhibits which are intended by the parties to be admitted at the trial; and
(e)
the trial date.
(2) The Registrar of the Supreme Court must not make any order in relation to any matter referred to in subsection (1) in the absence of any party if the order is prejudicial to that party.
(3) Where an accused informs the Registrar of the Supreme Court during any criminal case disclosure conference conducted under this Division that he intends to plead guilty to the charge, the Registrar must fix a date for his plea to be taken in accordance with Division 3 of Part XI.
213.
—(1) If, at the first criminal case disclosure conference held on the date referred to in section 212(1), or on such other date to which the first criminal case disclosure conference has been adjourned under section 238, the accused does not indicate that he wishes to plead guilty to the charge, the prosecution must file in the High Court the Case for the Prosecution and serve a copy of this on the accused and every co-accused claiming trial with him, if any, not later than 2 weeks from the date of the first criminal case disclosure conference or such date to which the first criminal case disclosure conference is adjourned.
(2) Where at a criminal case disclosure conference, the accused indicates that he wishes to claim trial to more than one charge, the Case for the Prosecution to be served under subsection (1) shall only relate to those charges that the prosecution intends to proceed with at the trial.
(3) The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference not earlier than 7 days from the date the Case for the Prosecution is to be filed under this section.
214. The Case for the Prosecution must contain the following:
(a)
a copy of the charge which the prosecution intends to proceed with at the trial;
(b)
a list of the names of the witnesses for the prosecution;
(c)
a list of exhibits that are intended by the prosecution to be admitted at the trial;
(d)
the statements of the witnesses under section 264 that are intended by the prosecution to be admitted at the trial; and
(e)
any statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution.
215.
—(1) If, at the further criminal case disclosure conference held on the date referred to in section 213(3) or on such other date to which the further criminal case disclosure conference has been adjourned under section 238 —
(a)
the accused does not indicate that he wishes to plead guilty, the defence may file in the High Court the Case for the Defence and serve a copy on the prosecution and on every co-accused claiming trial with him, if any, not later than 2 weeks from the date of the further criminal case disclosure conference; or
(b)
the accused indicates that he does not wish to file the Case for the Defence, the Registrar of the Supreme Court may fix a date for trial in the High Court.
(2) The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under this section and after the prosecution is to serve on the defence copies of the statements and records referred to in section 218(1).
216. If, at the further criminal case disclosure conference held on the date referred to in section 215(1), the accused is not represented by an advocate, the Registrar of the Supreme Court must explain to him, in accordance with the prescribed form, what he may do under section 215(1)(a), the effect of section 218 and the consequences provided under section 221.
217.
—(1) The Case for the Defence must contain —
(a)
a summary of the defence to the charge and the facts in support of the defence;
(b)
a list of the names of the witnesses for the defence;
(c)
a list of the exhibits that are intended by the defence to be admitted at the trial; and
(d)
if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —
(i)
a statement of the nature of the objection;
(ii)
the issue of fact on which evidence will be produced; and
(iii)
the points of law in support of such objection.
Illustration 1
A is charged with robbery. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim gave the items to A voluntarily) and any issue of law which A intends to rely on (for example, that A’s act did not amount to robbery as the elements of that offence were not made out, or that a general exception in Chapter IV of the Penal Code (Cap. 224) applied in this case).
Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of his statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements he intends to challenge and the facts that he intends to rely on to support his challenge.
(2) Notwithstanding subsection (1), an accused who is not represented by an advocate need not state any —
(a)
objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or
(b)
point of law in support of any objection raised by the defence.
218.
—(1) After the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks from the date of service, serve on the accused or his advocate copies of —
(a)
all other statements given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial; and
(b)
criminal records, if any, of the accused, upon payment of the prescribed fee.
(2) Where the Case for the Defence has not been served on the prosecution, the prosecution —
(a)
need not serve on the defence any statement or record referred to in subsection (1); and
(b)
may use any such statement or record at the trial.
219. If, at the further criminal case disclosure conference held on the date referred to in section 215(2), the accused does not indicate that he wishes to plead guilty, the Registrar of the Supreme Court may fix a date for trial.
220. If, subsequent to any criminal case disclosure conference held under this Division in relation to an accused, a co-accused is charged, the Registrar of the Supreme Court may do all or any of the following:
(a)
order the prosecution to serve on the co-accused the Case for the Prosecution in relation to the accused;
(b)
order the accused to serve on the co-accused his Case for the Defence, if any.
221. The court may draw such inference as it thinks fit if —
(a)
the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 214 or 217(1), respectively; or
(b)
the prosecution or the defence puts forward a case at the trial which differs from or is otherwise inconsistent with the Case for the Prosecution or the Case for the Defence, respectively, that has been filed.
PART XI
GENERAL PROVISIONS RELATING TO PRE-TRIAL AND PLEAD GUILTY PROCEDURES IN ALL COURTS
223.
—(1) Any party to a criminal case disclosure conference may at any time apply to the court for an extension of time or a further extension of time to file or serve any document required under Part IX or X.
(2) Any application under subsection (1) must be heard in the presence of all the parties to the criminal case disclosure conference.
224.
—(1) A relevant judge may, if satisfied that it is expedient in the interests of public safety, public security or propriety, public order, national interest or national security of Singapore or any part thereof, or for other sufficient reason to do so, order that any information contained in —
(a)
(b)
(c)
shall not be communicated to any other person by the accused, and if the accused is represented by an advocate, by his advocate as well.
(2) Notwithstanding subsection (1), an accused or his advocate (if any) may make an application to the relevant judge for the information contained in the Case for the Prosecution which is subject to an order under that subsection to be communicated to any other person, and the relevant judge may grant the application if he is satisfied that such communication is necessary and desirable for the accused to conduct his defence.
(3) The relevant judge who grants an application under subsection (2) may impose any condition as he thinks necessary relating to the communication of the information to any other person.
(4) Any person who acts in contravention of any order under subsection (1) or any condition imposed by the relevant judge under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
225.
—(1) It shall not be lawful to publish a report of any information contained in —
(a)
(b)
(c)
other than the names, ages and occupations of the accused person or persons, and the offence or offences, or a summary of them, with which the accused person or persons is or are charged.
(2) If a report is published in contravention of this section, the following persons shall be liable on summary conviction to a fine not exceeding $5,000:
(a)
in the case of a publication of a report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;
(b)
in the case of a publication of a report otherwise than as part of a newspaper or periodical, the person who publishes it;
(c)
in the case of a broadcast of a report by a body corporate, limited liability partnership, partnership or unincorporated association, any person acting on behalf of the body corporate, limited liability partnership, partnership or unincorporated association, having functions in relation to the broadcast of the report corresponding to those of the editor of a newspaper or periodical.
(3) Proceedings for an offence under this section shall not be instituted otherwise than by or with the consent of the Public Prosecutor.
(4) Subsection (1) shall be in addition to, and not in derogation of, the provisions of any other written law with respect to the publication of reports and proceedings of any court.
(5) In this section —
“broadcast” means any transmission of signs or signals for general reception, using wireless telecommunications or any other means of delivery, and whether or not the transmission is encrypted;
“publish”, in relation to a report, means make the report available to the general public of Singapore, or any section thereof, in whatever form and by whatever means, including broadcasting and transmitting on what is commonly known as the Internet.
226.
—(1) A person who is accused of a prescribed offence and is a prescribed person under subsection (7)(b) may plead guilty electronically to that offence by paying the fine and any prescribed fee under subsection (7)(c) in accordance with this section.
(2) To plead guilty electronically, the accused must —
(a)
enter a plea of guilty at a computer terminal designated by the Registrar of the Subordinate Courts for that purpose within the prescribed time; and
(b)
pay in advance the fine fixed by the supervising Magistrate as the sentence to be imposed on an accused who pleads guilty electronically to that offence.
(3) The Registrar of the Subordinate Courts must, within a reasonable time after the accused has entered the plea and paid the fine, send to the supervising Magistrate a record of the guilty plea and of the fine paid.
(4) When the supervising Magistrate is satisfied that the fine fixed under subsection (2)(b) has been paid, he shall convict the accused of the prescribed offence in the accused’s absence and record the fine paid as the sentence passed for that offence.
(5) The supervising Magistrate may, at any stage of the proceedings, require the accused to attend in person and, if necessary, enforce his attendance by —
(a)
issuing a summons if the case appears to be one in which, according to the fourth column of the First Schedule, he should first issue a summons; or
(b)
issuing a warrant if the case appears to be one in which, according to that column, the Magistrate should first issue a warrant, or if he thinks fit, by issuing a summons causing the accused to be brought or to appear at a certain time before him.
(6) Nothing in subsection (5) affects section 120.
(7) For the purposes of this section, the Minister may make regulations to prescribe —
(a)
the offences punishable by fine or by imprisonment of 12 months or less or both to which this section applies;
(b)
the class of persons who qualify to plead guilty electronically under this section;
(c)
the fee to be paid for the use of the computer terminal referred to in subsection (2)(a);
(d)
the method of paying fines and fees under this section;
(e)
the time within which an accused may plead guilty electronically; and
(f)
all matters necessary or convenient to give effect to this section.
(8) In this section —
“prescribed offence” means an offence specified in regulations made under subsection (7)(a);
“supervising Magistrate” means the Magistrate in charge of the operation of the computer terminal referred to in subsection (2)(a).
227.
—(1) If the accused pleads guilty to the charge after it has been read and explained to him, whether as originally framed or as amended, his plea must be recorded and he may be convicted on it.
(2) Before the court records a plea of guilty, it must —
(a)
if the accused is not represented by an advocate, be satisfied that the accused —
(i)
understands the nature and consequences of his plea and the punishment prescribed for the offence; and
(ii)
intends to admit to the offence without qualification; or
(b)
if the accused is represented by an advocate, record the advocate’s confirmation that the accused —
(i)
understands the nature and consequences of his plea; and
(ii)
intends to admit to the offence without qualification.
(3) The High Court shall not record a plea of guilty in a case where the accused pleads guilty to an offence punishable with death unless the accused has been committed to stand trial in the High Court under Division 2 of Part X for the offence, and evidence is led by the prosecution to prove its case at the trial.
(4) Where —
(a)
an accused has been committed for trial under section 178 or a case has been transmitted for trial in the High Court under Division 5 of Part X;
(b)
a date is fixed for a plea of guilty to be taken from the accused who has been committed for trial or whose case has been so transmitted; and
(c)
on that date, the accused refuses to plead, does not plead or claims trial,
the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters referred to in section 212 and the procedure in Division 5 of Part X shall, with the necessary modifications, apply in relation to the case.
(5) Where —
(a)
the criminal case disclosure procedures apply by virtue of section 159 in relation to a case;
(b)
a date is fixed for a plea of guilty to be taken from the accused to whom the case relates; and
(c)
on that date, the accused refuses to plead, does not plead or claims trial,
the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters referred to in section 160 and the procedures in Division 2 of Part IX shall, with the necessary modifications, apply in relation to the case.
228.
—(1) On the conviction of the accused, the prosecution may where it thinks fit address the court on sentence.
(2) The address on sentence may include —
(a)
the criminal records of the accused;
(b)
any victim impact statement; and
(c)
any relevant factors which may affect the sentence.
(3) The court must then hear any plea in mitigation of sentence by the accused and the prosecution has a right of reply.
(4) Where the court is satisfied that any matter raised in the plea in mitigation materially affects any legal condition required by law to constitute the offence charged, the court must reject the plea of guilty.
(5) After the court has heard the plea in mitigation, it may —
(a)
at its discretion or on the application of the prosecution or the accused hear any evidence to determine the truth or otherwise of the matters raised before the court which may materially affect the sentence; and
(b)
attach such weight to the matter raised as it considers appropriate after hearing the evidence.
(6) The court must then pass sentence according to law immediately or on such day as it thinks fit.
(7) In this section, “victim impact statement” means any statement relating to any harm suffered by any person as a direct result of an offence, which includes physical bodily harm or psychological or psychiatric harm.
PART XII
PROCEDURE AT TRIAL IN ALL COURTS
229. In this Part, unless the context otherwise requires, “co-accused” means any person tried jointly with the accused.
230.
—(1) The following procedure must be complied with at the trial in all courts:
(a)
at the commencement of the trial, the charge must be read and explained to the accused and his plea taken;
(b)
if the accused pleads guilty to the charge, the court must follow the procedure set out in Division 3 of Part XI;
(c)
if the accused refuses to plead or does not plead or claims trial, the court must proceed to hear the case;
(d)
the prosecutor may open his case and state shortly the nature of the offence with which the accused is charged and the evidence by which he proposes to prove the guilt of the accused;
(e)
the prosecutor must then examine his witnesses, if any, and each of them may in turn be cross-examined by the accused and every co-accused, after which the prosecutor may re-examine them;
(f)
after the prosecutor has concluded his case, the defence may invite the court to dismiss the case on the ground that there is no case to answer and the prosecutor may reply to the submission;
(g)
the court may alter the charge or frame a new charge before calling on the accused to give his defence and if the court does so, the court must follow the procedure set out in sections 128 to 131;
(h)
if the accused pleads guilty to this altered or new charge, the court must follow the procedure set out in Division 3 of Part XI;
(i)
if the accused refuses to plead or does not plead or claims trial to the altered or new charge, the court must proceed in accordance with the procedure set out hereinafter;
(j)
if after considering the evidence referred to in paragraph (e), the court is of the view that there is some evidence which is not inherently incredible and which satisfies each and every element of the charge as framed by the prosecutor or as altered or framed by the court, the court must call on the accused to give his defence;
(k)
the court must order a discharge amounting to an acquittal if it is of the view that there is no such evidence as referred to in paragraph (j);
(l)
nothing in paragraphs (j) and (k) shall be deemed to prevent any court from acquitting the accused at any previous stage of the case if, for reasons to be recorded by the court, it considers the charge to be groundless;
(m)
before the accused calls any evidence in his defence, the court must inform the accused that he will be called upon by the court to give evidence in his own defence and what the effect will be if, when so called on, he refuses to give evidence on oath or affirmation; and the court may inform the accused in the following terms:
“I find that the prosecution has made out a case against you on the charge(s) on which you are being tried. There is some evidence, not inherently incredible, that satisfies each and every element of the charge(s). Accordingly, I call upon you to give evidence in your own defence.
You have two courses open to you. First, if you elect to give evidence you must give it from the witness box, on oath or affirmation, and be liable to cross-examination. Second, if you elect not to give evidence in the witness box, that is to say, remain silent, then I must tell you that the court in deciding whether you are guilty or not, may draw such inferences as appear proper from your refusal to give evidence, including inferences that may be adverse to you.
Let me also say, whichever course you take, it is open to you to call other evidence in your own defence. You may confer with your counsel on the course you wish to take.
I now call upon you to give evidence in your own defence. How do you elect?”;
(n)
after the court has called upon the accused to give his defence, the accused may —
(i)
plead guilty to the charge, in which event the court must follow the procedure set out in Division 3 of Part XI; or
(ii)
choose to give his defence;
(o)
when the accused is called on to begin his defence, he may, before producing his evidence, open his case by stating the facts or law on which he intends to rely and make such comments as he thinks necessary on the evidence for the prosecution;
(p)
if the accused is giving evidence in his own defence, the evidence shall be taken in the following order:
(i)
the accused shall give evidence and then be cross-examined first by the other co-accused (if any) and then by the prosecutor after which he may be re-examined;
(ii)
any witness for the defence of the accused shall give evidence and they may in turn be cross-examined first by the other co-accused (if any) and then by the prosecutor after which he may be re-examined;
(iii)
where there are other co-accused persons, they and their witnesses shall then give evidence and be cross-examined and re-examined in like order;
(q)
an accused may apply to the court to issue process for compelling the attendance of any witness for the purpose of examination or cross-examination or to produce any exhibit in court, whether or not the witness has previously been examined in the case;
(r)
the court must issue process unless it considers that the application made under paragraph (q) should be refused because it is frivolous or vexatious or made to delay or frustrate justice and in such a case the court must record the reasons for the order;
(s)
before summoning any witness pursuant to an application under paragraph (q), the court may require that his reasonable expenses incurred in attending the trial be deposited in court by the defence;
(t)
at the close of the defence case, the prosecution shall have the right to call a person as a witness or recall and re-examine a person already examined, for the purpose of rebuttal, and such witness may be cross-examined by the accused and every co-accused, after which the prosecutor may re-examine him;
(u)
at the close of the defence case, the accused may sum up his case;
(v)
the prosecution shall have the final right of reply on the whole case;
(w)
if the court finds the accused not guilty, it must order a discharge amounting to an acquittal, and shall, provided no other charge is pending against him, forthwith release the accused;
(x)
if the court finds the accused guilty, it must record a conviction and comply with the procedure in section 228 after which it shall pass sentence in accordance with the law.
(2) Where a witness, other than an accused, is giving evidence for the prosecution or the defence, the court may, on the application of either party, interpose that witness with any other witness if the court is of the view that there are good reasons to do so.
Notice required to call witness or produce exhibits not disclosed in Case for the Prosecution or Case for the Defence
231.
—(1) The prosecutor or defence may, at a trial, call as a witness or produce an exhibit not disclosed in the Case for the Prosecution or the Case for the Defence respectively only if it has given prior notice in writing to the court and the other parties to the trial of his intention to call that witness or to produce that exhibit.
(2) The notice must state the name of the witness and an outline of his evidence, or provide a brief description of the exhibit, as the case may be.
232.
—(1) At any stage of any proceedings in court —
(a)
before an accused is acquitted of any charge; or
(b)
where an accused has been convicted of any charge but before he is sentenced for that charge,
the Public Prosecutor may, if he thinks fit, inform the court that he will not further prosecute the accused upon the charge, and the proceedings on the charge against the accused must then be stayed and he shall be discharged from and of the same.
(2) Except in cases referred to in section 147, a discharge under subsection (1) shall not amount to an acquittal unless the court so directs.
(3) Where an accused had previously been granted a discharge not amounting to an acquittal by a Magistrate’s Court or District Court in relation to an offence triable in the Subordinate Courts, any Magistrate’s Court or District Court, as the case may be, may grant the accused a discharge amounting to an acquittal on the application of the Public Prosecutor.
(4) Where an accused had previously been granted a discharge not amounting to an acquittal by a Magistrate’s Court or District Court in relation to an offence triable in the High Court, any Magistrate’s Court or District Court, as the case may be, may grant the accused a discharge on the application of the Public Prosecutor.
(5) A discharge under subsection (4) shall have the effect of an acquittal.
(6) An application under subsection (3) or (4) may be granted by the court notwithstanding the absence of the accused.
233. Except as otherwise expressly provided, the evidence of a witness during a trial conducted in accordance with this Part must be taken in the presence of the accused or, when his personal attendance is dispensed with, in the presence of his advocate.
234. Every trial before the High Court shall be heard and disposed of before a single judge of the High Court.
235.
—(1) Whenever any court considers that the production of any document or other thing is necessary or desirable for the purposes of any inquiry, trial or other proceeding under this Code by or before that court, such court may issue a summons to the person in whose possession or power the document or thing is believed to be, to require the person to produce the document or thing at the time and place stated in the summons.
(2) If any document or thing in the custody of a Postal Authority or public postal licensee is, in the opinion of the court, required for the purposes of any inquiry, trial or proceeding under this Code, the court may require the Postal Authority or public postal licensee to deliver that document or thing to such person as the court directs.
(3) If a person is required merely to produce any document or thing, he may comply with such requirement by causing the document or thing to be produced instead of bringing it in person.
(4) This section does not affect any provision of the Evidence Act (Cap. 97).
(6) For the avoidance of doubt, the power of a court under subsection (1) shall not be exercisable by any court which presides or is to preside over any criminal case disclosure conference or pre-trial conference held under Part IX or X, as the case may be.
PART XIII
GENERAL PROVISIONS RELATING TO
PROCEEDINGS IN COURTS
PROCEEDINGS IN COURTS
236. Every accused person before any court may of right be defended by an advocate.
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.
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]
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
PART XIV
EVIDENCE AND WITNESSES
258.
—(1) Subject to subsections (2) and (3), where any person is charged with an offence, any statement made by the person, whether it is oral or in writing, made at any time, whether before or after the person is charged and whether or not in the course of any investigation carried out by any law enforcement agency, is admissible in evidence at his trial; and if that person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit.
(2) Where a statement referred to in subsection (1) is made by any person to a police officer, no such statement shall be used in evidence if it is made to a police officer below the rank of sergeant.
(3) The court shall refuse to admit the statement of an accused or allow it to be used in the manner referred to in subsection (1) if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the accused, proceeding from a person in authority and sufficient, in the opinion of the court, to give the accused grounds which would appear to him reasonable for supposing that by making the statement he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.
Explanation 1—If a statement is obtained from an accused by a person in authority who had acted in such a manner that his acts tend to sap and have in fact sapped the free will of the maker of the statement, and the court is of the opinion that such acts gave the accused grounds which would appear to the accused reasonable for supposing that by making the statement, he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him, such acts will amount to a threat, an inducement or a promise, as the case may be, which will render the statement inadmissible.
Explanations 2—If a statement is otherwise admissible, it will not be rendered inadmissible merely because it was made in any of the following circumstances:
(a)
under a promise of secrecy, or in consequence of a deception practised on the accused for the purpose of obtaining it;
(b)
when the accused was intoxicated;
(c)
in answer to questions which the accused need not have answered whatever may have been the form of those questions;
(d)
where the accused was not warned that he was not bound to make the statement and that evidence of it might be given against him; or
(e)
where the recording officer or the interpreter of an accused’s statement recorded under section 22 or 23 did not fully comply with that section.
(4) If the statement referred to in subsection (3) is made after the impression caused by any such inducement, threat or promise referred to in that subsection has, in the opinion of the court, been fully removed, it shall be admissible.
(5) When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the court may take into consideration the confession as against the other person as well as against the person who makes the confession.
Explanation— —“Offence” as used in this section includes the abetment of or attempt to commit the offence.
Illustrations
(a)
A and B are jointly tried for the murder of C. It is proved that A said “B and I murdered C”. The court may consider the effect of this confession as against B.
(b)
A is on trial for the murder of C. There is evidence to show that C was murdered by A and B and that B said “ A and I murdered C”. This statement may not be taken into consideration by the court against A as B is not being jointly tried.
(6) Notwithstanding any other provision in this section —
(a)
where a person is charged with any offence in relation to the making or contents of any statement made by him to any officer of a law enforcement agency in the course of any investigation carried out by the agency, that statement may be used as evidence in the prosecution;
(b)
any statement made by the accused in the course of an identification parade may be used as evidence; and
(c)
when any fact or thing is discovered in consequence of information received from a person accused of any offence in the custody of any officer of a law enforcement agency, so much of such information as relates distinctly to the fact or thing thereby discovered may be proved.
(7) In this section, “confession”, in relation to any person who is tried for an offence, means any statement made at any time by him stating or suggesting the inference that he committed that offence.
259.
—(1) Any statement made by a person other than the accused in the course of any investigation by any law enforcement agency is inadmissible in evidence, except where the statement —
(a)
is admitted under section 147 of the Evidence Act (Cap. 97);
(b)
is used for the purpose of impeaching his credit in the manner provided in section 157 of the Evidence Act;
(c)
is made admissible as evidence in any criminal proceeding by virtue of any other provisions in this Code or the Evidence Act or any other written law;
(d)
is made in the course of an identification parade; or
(e)
falls within section 32(1)(a) of the Evidence Act.
[4/2012]
(2) Where any person is charged with any offence in relation to the making or contents of any statement made by him to an officer of a law enforcement agency in the course of an investigation carried out by that officer, that statement may be used as evidence in the prosecution.
Admissibility of report on first information made under section 14 or 15
260.
—(1) In any proceeding under this Code, if a police officer of or above the rank of inspector certifies as a true copy a copy of a report received or recorded under section 14(2) or (3) or 15(1), or of a note made under section 14(5), the certified copy is admissible as evidence of the original information and of the date, time and place at which it was given.
(2) A court may require to be shown the original report or note.
261.
—(1) Where in any criminal proceeding evidence is given that the accused on being charged with an offence, or informed by a police officer or any other person charged with the duty of investigating offences that he may be prosecuted for an offence, failed to mention any fact which he subsequently relies on in his defence, being a fact which in the circumstances existing at the time he could reasonably have been expected to mention when so questioned, charged or informed, as the case may be, the court may in determining —
(a)
whether to commit the accused for trial;
(b)
whether there is a case to answer; and
(c)
whether the accused is guilty of the offence charged,
draw such inferences from the failure as appear proper; and the failure may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material.
(2) Subsection (1) does not —
(a)
prejudice the admissibility in criminal proceedings of evidence of the silence or other reaction of the accused in the face of anything said in his presence relating to the conduct for which he is charged, in so far as evidence of this would be admissible apart from that subsection; or
(b)
preclude the drawing of any inference from any such silence or other reaction of the accused which could be drawn apart from that subsection.
262.
—(1) Any affidavit made by a witness may be used in any criminal court, if it is sworn —
(a)
in Singapore, before any Judge, District Judge, Registrar, Deputy Registrar or Magistrate or before any commissioner for oaths appointed or deemed to have been appointed under the Supreme Court of Judicature Act (Cap. 322);
(b)
elsewhere in the Commonwealth before any judge, court, notary public or person lawfully authorised to administer oaths; or
(c)
in any other place, before any consul or vice-consul of Singapore, Malaysia or the United Kingdom.
(2) The court shall take judicial notice of the seal or signature, as the case may be, of any judge, court, notary public, person, consul or vice-consul appended or subscribed to any affidavit.
263.
—(1) A document, including any exhibits and annexures identified in the document, which is presented as the report of a qualified person concerning a matter or thing duly submitted to him for examination, analysis or report, may be used as evidence in any criminal proceeding under this Code, and the qualified person need not be called as a witness unless the court or any of the parties requires that person to be examined orally or cross-examined on the report.
(2) Qualified persons are by this Code bound to state the truth in their reports.
(3) A report of a qualified person is admissible as prima facie evidence of the facts stated in it.
(4) In this section, “qualified person” means a person specified by the Minister by notification in the Gazette for the purposes of this section.
264.
—(1) Notwithstanding anything in this Code or in any other written law, a written statement made by any person is admissible as evidence in any criminal proceeding (other than a committal hearing held under Division 2 of Part X), to the same extent and to the same effect as oral evidence given by the person, if the following conditions are satisfied:
(a)
the statement appears to be signed by the person who made it;
(b)
the statement contains a declaration by the person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were given in evidence, he would be liable to prosecution if he stated in it anything he knew to be false or did not believe to be true;
(c)
before the hearing at which the statement is given in evidence, a copy of the statement is served, by or on behalf of the party proposing to give it, on each of the other parties to the proceedings;
(d)
before or during the hearing, the parties agree to the statement being tendered in evidence under this section; and
(e)
the court is satisfied that the accused is aware of this section or is represented by an advocate during the criminal proceeding.
(2) The following provisions also apply to any written statement given in evidence under this section:
(a)
if the statement is by a person below the age of 21 years, it must state his age;
(b)
if it is made by a person who cannot read it, it must be read to him before he signs it and must be accompanied by a declaration by the person who read the statement to him, stating that it was so read; and
(c)
if it refers to any other document as an exhibit, the copy of the written statement must be accompanied by a copy of that document or by information that will enable the party on whom it is served to inspect that document or a copy of it.
(3) Where in any criminal proceeding a written statement made by any person is admitted in evidence under this section —
(a)
the party by whom or on whose behalf a copy of the statement was served may call the person to give evidence; and
(b)
the court may, of its own motion or on the application of any party to the proceeding, require the person to attend before the court and give evidence.
(4) So much of any statement as is admitted in evidence under this section must, unless the court otherwise directs, be read aloud at the hearing and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.
(5) A document or an object referred to as an exhibit and identified in a written statement given in evidence under this section must be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.
265. Where proceedings are taken against a person for having received goods knowing them to be stolen or for having in his possession stolen property, evidence may be given at any stage of the proceedings that there was found in his possession other property stolen within the preceding 12 months; and such evidence may be taken into consideration when proving that the person knew that the property which is the subject of the proceedings was stolen.
266.
—(1) Where —
(a)
proceedings are taken against a person for having received goods knowing them to be stolen or for having in his possession stolen property; and
(b)
evidence is given that the stolen property was found in his possession,
then, if he has been convicted of an offence involving fraud or dishonesty within the 5 years immediately preceding, evidence of that previous conviction may be given and may be taken into consideration when proving that the accused knew that the property in his possession was stolen.
(2) The accused must be given at least 7 days’ written notice that proof will be given of the previous conviction under subsection (1).
(3) For the purposes of subsection (1), the previous conviction of the accused need not be entered in the charge.
267.
—(1) Subject to this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the Public Prosecutor or the accused, and the admission by any party of any such fact under this section shall as against that party be conclusive evidence in those proceedings of the fact admitted.
(2) An admission under this section —
(a)
may be made before or at the proceedings;
(b)
if made otherwise than in court, must be in writing;
(c)
if made in writing by an individual, must purport to be signed by the person making it and, if so made by a body corporate, limited liability partnership, partnership or unincorporated association, must purport to be signed by a duly authorised representative of that body corporate, limited liability partnership, partnership or unincorporated association, as the case may be;
(d)
if made on behalf of an accused who is an individual, must be made by his advocate; and
(e)
if made before the trial by an accused who is an individual, must be approved by his advocate before or at the proceedings in question.
(3) An admission under this section for the purpose of proceedings relating to any matter shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter, including any appeal or retrial.
(4) An admission under this section may with the leave of the court be withdrawn in the proceedings for which it is made or any subsequent criminal proceedings relating to the same matter.
268. In any criminal proceedings, a statement is admissible as evidence of any fact stated therein to the extent that it is so admissible by this Code, the Evidence Act (Cap. 97), or any other written law.
[4/2012]
278.
—(1) In any trial, the accused may not, without the leave of the court, offer evidence in support of an alibi unless he gives notice of particulars of the alibi.
(2) Without prejudice to subsection (1), the accused may not call a witness to give such evidence without the leave of the court unless the following conditions apply:
(a)
the notice under subsection (1) includes the name and address of the witness or, if the accused does not know the name or address at the time he gives the notice, any information he has that might help find the witness;
(b)
if the name or the address is not included in that notice, the court is satisfied that the accused, before giving the notice, took and continued taking all reasonable steps to find out the name or address;
(c)
if the name or the address is not included in that notice, but the accused later discovers the name or address or receives other information that might help to find the witness, he immediately gives notice of the name, address or other information, as the case may be; and
(d)
if the accused is notified by, or on behalf of, the Public Prosecutor that the witness has not been traced by the name or at the address given, the accused gives notice immediately of the information he has or later receives.
(3) Subject to any directions by the court as to the time it is to be given, evidence to disprove an alibi may be given before or after evidence in support of the alibi.
(4) Unless the contrary is proved, a notice offered under this section on behalf of the accused by his advocate is regarded as having been given with the accused’s authority.
(5) A notice under subsection (1) must either be given —
(a)
to the court when the accused is first charged in court in relation to the offence for which he is raising the defence of an alibi; or
(b)
in writing to the Public Prosecutor, or to the officer in charge of the prison where the accused is kept for him to forward to the Public Prosecutor, within 14 days from the date he is charged in court for the first time with the offence for which he is raising the defence of an alibi.
(6) A notice under subsection (2)(c) or (d) must be given in writing to the Public Prosecutor.
(7) A notice required by this section to be given to the Public Prosecutor may be delivered to him, or left at his office, or sent in a registered letter addressed to him at his office.
(8) If the Public Prosecutor or any officer of a law enforcement agency interviews any witness who is named in a notice given under this section, the accused or his advocate is entitled to be present at the interview.
(9) The court may not refuse leave under this section if no advocate appears to have been instructed to act for the accused at any time before his trial and if it is satisfied that the accused was unaware of the provisions of this section.
(10) In this section, “evidence in support of an alibi” means evidence tending to show that because the accused was present at a place or in an area at a certain time he was not, or was unlikely to have been, at the place where the offence was committed at the relevant time.
279.
—(1) Subject to this Code and any other written law relating to the admissibility of evidence, where any party objects to the admissibility of any statement made by that party or any other evidence which the other party to the case intends to tender at any stage of the trial, the court must determine it separately at an ancillary hearing before continuing with the trial.
Illustrations
(a)
Evidence is to be given of a tape recording that is said to be of a conversation between X and Y. There is an objection that the tape has been tampered with. The court must hold an ancillary hearing to determine its admissibility.
(b)
X is accused of murdering Y and disposing of the body by dismembering it. The prosecution seeks to offer evidence that X was involved in the murder of Z where similar dismemberment was done. The defence objects to the admission of such evidence. The court must hold an ancillary hearing to determine the admissibility of the evidence.
(c)
The prosecution seeks to admit the statement of the accused. The accused alleges that the statement was given involuntarily as a result of a threat, inducement or promise. The court must hold an ancillary hearing to determine whether the statement was given voluntarily.
(d)
The prosecution seeks to admit a statement of the accused, who denies that he made it. No ancillary hearing is necessary as this does not relate to the voluntariness of the statement.
(e)
X is accused of murdering Y. Z, a good friend of X, testifies that X told him that he had murdered Y, which is denied by X. As Z is not a person in authority, no ancillary hearing is necessary as there is no issue of admissibility.
(2) In an ancillary hearing, any evidence adduced shall be limited only to the ancillary issue.
(3) The following procedure shall be complied with at an ancillary hearing:
(a)
the party seeking to admit the evidence shall produce his evidence on the ancillary issue;
(b)
the party must then examine his witnesses, if any, and each of them may in turn be cross-examined by the other party and every co-accused, as the case may be, after which the first party may re-examine them;
(c)
after the party has concluded his case, the court shall call on the other party to present his evidence;
(d)
when the other party is called on to present his evidence, the other party shall examine his witnesses, if any, and each of them may in turn be cross-examined by the first party and every co-accused, as the case may be, after which they may be re-examined;
(e)
an accused may apply to the court to issue process for compelling the attendance of any witness and the production of any exhibit in court, whether or not the witness has previously been examined in the case, for the purpose of examination or cross-examination;
(f)
the court must issue process unless it considers that the application made under paragraph (e) should be refused because it is frivolous or vexatious or made to delay or frustrate justice and in such a case the court must record the reasons for the order;
(g)
before summoning any witness pursuant to an application under paragraph (e), the court may require that the reasonable expenses incurred by the witness in attending the trial be deposited in court by the defence;
(h)
at the close of the other party’s case, whether or not evidence has been adduced in accordance with section 283, the first party shall have the right to call a person as a witness or recall and re-examine a person already examined, for the purpose of rebuttal, and such witness may be cross-examined by the other party and every co-accused, after which the first party may re-examine him;
(i)
at the close of the other party’s case, the first party may sum up his case;
(j)
the first party shall have the final right of reply on the whole case;
(k)
before proceeding with the main trial, the court must make a ruling on the admissibility of the statement or the other evidence which has been objected to by any party to the proceedings.
(4) Where a witness, other than an accused, is giving evidence for the prosecution or the defence, the court may, on the application of either party, interpose that witness with any other witness if the court is of the view that there are good reasons to do so.
(5) If any evidence has been given in any ancillary hearing relating to the statement or the other evidence which has been objected to by any party to the proceedings, any such evidence which is relevant for the purposes of the main trial shall be admissible without the need to recall any of the witnesses to give evidence.
(6) The court may, in the interests of justice, allow any witness who has testified at the ancillary hearing to be recalled during the trial for examination or cross-examination by the prosecution or the defence, as the case may be.
(7) If the court, after hearing evidence in the main trial, is doubtful about the correctness of its earlier decision whether or not to admit the evidence at the ancillary hearing, it may call on the prosecution and the defence to make further submissions.
(8) If the court, after hearing any submissions, decides to reverse its earlier decision in admitting the evidence, it shall disregard such evidence when determining whether or not to call for the defence or when determining the guilt or otherwise of the accused.
(9) If the court, after hearing any submissions, decides to reverse its earlier decision in not admitting the evidence, such evidence may be admitted in court for the purpose of determining whether or not to call for the defence or when determining the guilt or otherwise of the accused.
280.
—(1) A Magistrate may record a statement made to him at any time before a trial begins.
(2) The statement must be recorded in full, and a question asked by the Magistrate and the answer given to him must be clearly shown as being a question and answer.
(3) The Magistrate must not record the statement if, on questioning the person making it, he does not believe it was made voluntarily.
(4) The Magistrate must make a note at the foot of this record as follows:
“I believe that this statement was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it. The maker of the statement has admitted that it is correct and contains a full and true account of what he/she said. | ||
(Signed) | A.B. Magistrate”. | |
(5) If the person making the statement does not understand English, the proceedings must be interpreted for him in his own language or in a language he understands, and the note referred to in subsection (4) must be signed by the Magistrate and by the interpreter.
(6) Taking and recording a statement disqualifies the Magistrate who has taken and recorded it from trying the case.
(7) If an accused’s confession recorded under this section is presented to a court as evidence, but the court finds that the Magistrate recording the statement did not fully comply with this section, it must take evidence as to whether the accused duly made the statement recorded and, if it is satisfied of that, it must admit the statement in evidence if the error has not prejudiced the accused’s defence on the merits.
281.
—(1) Notwithstanding any provision of this Code or of any other written law, but subject to the provisions of this section, the court may allow the evidence of a person in Singapore (except the accused) to be given through a live video or live television link in any trial, inquiry, appeal or other proceedings if —
(a)
the witness is below the age of 16 years;
(b)
the offence charged is an offence specified in subsection (2);
(c)
the court is satisfied that it is in the interests of justice to do so; or
(d)
the Minister certifies that it is in the public interest to do so.
(2) The offences for the purposes of subsection (1)(b) are —
(a)
an offence that involves an assault on or injury or a threat of injury to persons, including an offence under sections 319 to 338 of the Penal Code (Cap. 224);
(b)
an offence under Part II of the Children and Young Persons Act (Cap. 38) (relating to protection of children and young persons);
(c)
(d)
an offence under Part XI of the Women’s Charter (Cap. 353) (relating to offences against women and girls); and
(e)
any other offence that the Minister may, after consulting the Chief Justice, prescribe.
(3) Notwithstanding any provision of this Code or of any other written law, the court may order an accused to appear before it through a live video or live television link while in remand in Singapore in proceedings for any of the following matters:
(a)
an application for bail or release on personal bond at any time after an accused is first produced before a Magistrate pursuant to Article 9(4) of the Constitution;
(b)
an extension of the remand of an accused under section 238; and
(c)
any other matters that the Minister may, after consulting the Chief Justice, prescribe.
(4) Notwithstanding any provision of this Code or of any other written law but subject to subsection (5), an accused who is not a juvenile may appear before the court through a live video or live television link while in remand in Singapore in proceedings for an application for remand or for bail or for release on personal bond when he is first produced before a Magistrate pursuant to Article 9(4) of the Constitution.
(5) A court may, if it considers it necessary, either on its own motion or on the application of an accused, require an accused to be produced in person before it in proceedings referred to in subsection (4).
(6) In exercising its powers under subsection (1), (3) or (4), the court may make an order on all or any of the following matters:
(a)
the persons who may be present at the place with the witness;
(b)
that a person be kept away from the place while the witness is giving evidence;
(c)
the persons in the courtroom who must be able to be heard, or seen and heard, by the witness and by the persons with the witness;
(d)
the persons in the courtroom who must not be able to be heard, or seen and heard, by the witness and by the persons with the witness;
(e)
the persons in the courtroom who must be able to see and hear the witness and the persons with the witness;
(f)
the stages in the proceedings during which a specified part of the order is to apply;
(g)
the method of operation of the live video or live television link system including compliance with such minimum technical standards as may be determined by the Chief Justice;
(h)
any other order that the court considers necessary in the interests of justice.
(7) The court may revoke, suspend or vary an order made under this section if —
(a)
the live video or live television link system stops working and it would cause unreasonable delay to wait until a working system becomes available;
(b)
it is necessary for the court to do so to comply with its duty to ensure fairness in the proceedings;
(c)
it is necessary for the court to do so in order that the witness can identify a person or a thing or so that the witness can participate in or view a demonstration or an experiment;
(d)
it is necessary for the court to do so because part of the proceedings is being heard outside a courtroom; or
(e)
there has been a material change in the circumstances after the court has made the order.
(8) The court must not make an order under this section, or include a particular provision in such an order, if to do so would be inconsistent with its duty to ensure that the proceedings are conducted fairly to all parties.
(9) An order made under this section does not cease to apply merely because the person in respect of whom it was made reaches the age of 16 years before the proceedings in which it was made are finally concluded.
(10) When a witness gives evidence in proceedings through a live video or live television link, the evidence is to be regarded for the purposes of sections 193, 194, 195, 196, 205 and 209 of the Penal Code as having been given in those proceedings.
(11) If a witness gives evidence in accordance with this section, for the purposes of this Code and the Evidence Act (Cap. 97), he is regarded as giving evidence in the presence of the court and the accused, as the case may be.
(12) In subsections (6), (10) and (11), a reference to “witness” includes a reference to an accused who appears before a court through a live video or live television link under subsection (3) or (4).
(13) The Chief Justice may make such rules as appear to him to be necessary or expedient to give effect to this section and for prescribing anything that may be prescribed under this section.
282.
—(1) Where the presence of any person detained in a prison in Singapore is required in any court, that court may issue a warrant addressed to the officer in charge of the prison requiring him to produce that person before the court in proper custody at the time and place named in the warrant and from time to time if the hearing is adjourned.
(2) The officer in charge of the prison must have the person named in the warrant brought to court as directed and must arrange for his safe custody during his absence from prison.
(3) A warrant must bear the seal of the court and be signed by the Registrar of the Supreme Court, Registrar of the Subordinate Courts, District Judge or Magistrate, as the case may be.
283.
—(1) A court may, on its own motion or on the application of the prosecution or the defence, at the close of the case for the defence, or at the end of any proceeding under this Code, summon a person as a witness or examine a person in attendance as a witness, whether or not summoned, or recall and re-examine a person already examined.
(2) The court must summon and examine or recall and re-examine such a person if it thinks his evidence is essential to making a just decision in the case.
(3) The exercise by a court of its power under subsection (1) is not a ground for appeal, or for revision, unless the appellant, or the applicant, as the case may be, shows that the examination has led to a failure of justice.
284.
—(1) If a court is satisfied that any witness subject to a bond or is otherwise bound or about to be bound to give evidence in a trial intends to leave Singapore and that the ends of justice would probably be defeated if that person were not present at the trial to give evidence, it may, upon the application of the Public Prosecutor or accused, commit that person to prison until the trial or until he gives satisfactory security that he will give evidence at the trial, or complies with any other conditions that may be imposed by the court.
(2) Before making the order, the court must be satisfied that the party making the application has made adequate provision for the person’s maintenance and for compensating him for his detention and loss of time.
285. Except as otherwise expressly provided, in proceedings under this Code, the evidence of the witnesses must be recorded in the manner set down by this Part.
286.
—(1) The evidence given in any proceeding under this Code must be recorded by the court in writing or in any other suitable form of recording that can reduce the evidence to a readable form.
(2) Evidence recorded in writing or, if it is not recorded in writing, the transcript of the evidence recorded, must be in English and signed by the judge hearing the case; and shall form part of the record.
(3) Evidence recorded under this section may be taken down in the form of question and answer or in the form of a narrative, as the court thinks fit.
287.
—(1) The evidence of each witness taken in committal hearings under Division 2 of Part X shall be read over to him and shall, after correction if necessary, be signed by him.
(2) If the witness denies the correctness of any part of the evidence when it is read over to him, the Magistrate may, instead of correcting the evidence, make a memorandum on it of the objection made to it by the witness and shall add such remarks as the Magistrate thinks necessary.
(3) If the witness does not understand English the evidence so taken down shall be interpreted for him in the language in which it was given or in a language which he understands.
(4) The substance of any correction made and of any memorandum made by the Magistrate shall be explained to the accused.
288.
—(1) Where evidence is given in a language not understood by the accused and he is present in person, it must be interpreted for him immediately in a language which the court is satisfied he understands.
(2) Where documents are put in for the purpose of formal proof, the court may choose to interpret for the accused as much of them as appears necessary.
289. During or after the recording of the evidence in the course of any proceeding under this Code, the court hearing the proceeding may record any remarks that it thinks material about the demeanour of the witness while under examination.
290.
—(1) In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal or any order of court relevant to the case may be proved, in addition to any other way provided by law —
(a)
by an extract certified to be a copy of the sentence or order by the officer who has custody of the records of the court in which that conviction, acquittal or order was carried out, whether in Singapore or elsewhere; or
(b)
alternatively —
(i)
in the case of a previous conviction in Singapore, either by a certificate signed by the officer who has custody of the records of the prison in Singapore in which the punishment or any part of it was inflicted, or by production of the warrant of commitment under which the punishment was suffered; or
(ii)
in the case of a previous conviction elsewhere, either by a certificate signed by the officer in charge of the prisons in that place in which the punishment or any part of it was inflicted, or by production of the warrant of commitment under which the punishment was suffered,
together with evidence as to the identity of the accused and the person so convicted or acquitted or against whom the order was made.
(2) The certificate referred to in subsection (1)(b) purporting to be signed by the officer who has custody of the records of the prison in Singapore or elsewhere shall be admitted in evidence on its production by the prosecution without proof of signature and, until the contrary is proved, shall be proof of all matters contained therein.
291.
—(1) In all criminal proceedings except a committal hearing, the accused may not give evidence except on oath or affirmation, and if he does so, he is liable to cross-examination.
(2) An accused who is not represented by an advocate has the right to address the court without being sworn or affirmed in circumstances where, if he were so represented, the advocate could address the court on his behalf.
(3) If an accused —
(a)
after being called by the court to give evidence or after he or the advocate representing him has informed the court that he will give evidence, refuses to be sworn or affirmed; or
(b)
having been sworn or affirmed, without good cause refuses to answer any question,
the court, in deciding whether the accused is guilty of the offence, may draw such inferences from the refusal as appear proper.
(4) This section does not compel the accused to give evidence on his own behalf, and he will not be guilty of contempt of court if he refuses to be sworn or affirmed in the circumstances of subsection (3)(a).
(5) For the purposes of this section, an accused who, having been sworn or affirmed, refuses to answer a question shall be taken to do so without good cause unless —
(a)
he is entitled to refuse to answer by section 122(4) of the Evidence Act (Cap. 97) or another written law or on the ground of privilege; or
(b)
the court excuses him from answering it.
(6) Subsection (3) does not apply to an accused if it appears to the court that his physical or mental condition makes it undesirable for him to be called on to give evidence.
292.
—(1) If an accused, though not of unsound mind, cannot understand or be made to understand the proceedings, the court may proceed with the committal hearing or trial.
(2) For all courts other than the High Court, if the committal hearing results in a committal to stand trial in the High Court or if the trial results in a conviction, then the court must forward the proceedings to the High Court with a report of the circumstances of the case and the High Court must make such order or pass such sentence as it thinks fit.
293.
—(1) If it is proved that an accused has absented himself so that there is no immediate prospect of arresting him, the court competent to try the accused may, in his absence, examine any witnesses produced on the prosecution’s behalf and record their depositions.
(2) These depositions may, on the arrest of the accused, be given in evidence against him at the committal hearing or trial for the relevant offence, if the deponent is dead or incapable of giving evidence or his attendance cannot be procured without unreasonable delay, expense or inconvenience.
(3) If it appears that an offence punishable with death or with imprisonment for life has been committed by some person or persons unknown, a Magistrate’s Court may hold an inquiry and examine any witnesses who can give evidence concerning the offence.
(4) Any deposition so taken under subsection (3) may be given in evidence against any person who is subsequently accused of the offence if the deponent is dead or incapable of giving evidence or is outside Singapore.
294.
—(1) Where it appears to a Magistrate that a person able to give material evidence for the prosecution or defence concerning any offence is so dangerously ill that it is not practicable to take his evidence according to the usual course of law, any Magistrate may take the deposition of that person provided that reasonable notice has been given to the prosecutor and the accused of his intention to take it and of when and where he intends to take it.
(2) If the accused is in custody, a Judge or a Magistrate may order the officer in charge of the prison to, and the officer must, take the accused to the place and at the time notified.
(3) Where it is proved at the trial of the accused that the deponent is dead, or that he cannot attend for any sufficient reason, the deposition may be read even though the accused was absent when it was taken if the court trying the case is satisfied that —
(a)
the deponent was at the time of his examination so dangerously ill as mentioned in subsection (1);
(b)
the deposition was duly taken at the place and time notified; and
(c)
reasonable notice of the intention to take it was given to the person against whom it is tendered in evidence so that he or his advocate might have been present and might have had, if he had chosen to be present, full opportunity of cross-examination.
295.
—(1) Subject to subsection (2), where an application is made by the Public Prosecutor or the accused to a court for the evidence of a witness to be taken at any time before the date on which a criminal matter is fixed for trial, the court shall take the evidence of the witness appearing before it.
(2) An application under subsection (1) can only be made if it is shown with respect to the witness that it is not reasonably practicable to secure his attendance at the time fixed for the trial.
(3) The proceeding under this section must be conducted in the presence of the accused and co-accused, if any.
(4) The witness called by a party to give evidence in the proceeding under this section may be cross-examined by any other party to the proceeding, after which the witness may be re-examined by the party calling him to give evidence.
(5) Any statement of a witness taken in proceedings under this section may be given in evidence in any trial under this Code (whether or not by the same judge hearing the proceedings) although the person is not called as a witness.
296. If the court is satisfied that grave inconvenience would otherwise be caused, it may, if it thinks fit, allow the deposition of a medical officer of the Government or other medical witness taken and attested by a Magistrate in the presence of the accused to be given in evidence in any trial under this Code, although the deponent is not called as a witness.
297. Whenever at a committal hearing the evidence of any witness has been taken for the purpose of proving the custody or disposal of any matter or thing forwarded in the course of the inquiry to any public officer for examination or analysis or report, or of proving the custody or disposal of any instrument, weapon, matter or thing used in or for the commission of any offence, or of proving the accuracy of any plan or survey made or photograph taken by that witness for the purpose of the case, the High Court may, if it thinks fit, allow the deposition of that witness, taken and attested by an examining Magistrate in the presence of the accused to be given in evidence in any trial before the High Court although the deponent is not called as a witness.
PART XV
JUDGMENT
298.
—(1) The court must deliver judgment in every criminal trial, criminal appeal, case stated, criminal revision, criminal reference or criminal motion in open court immediately after the trial, appeal, case stated, criminal revision, criminal reference or criminal motion, or at a later time of which due notice must be given to the parties or their advocates.
(2) A judgment must be delivered either orally or by written grounds of decision.
(3) Where a judgment is delivered by written grounds of decision, the judgment may be delivered by pronouncing the court’s decision with an oral summary of the written grounds, and giving a copy of the written grounds to the parties or their advocates either on the date of the court’s decision or at a later date.
(4) Where a trial judge had delivered judgment in any manner referred to in subsection (2), the trial judge may, at any time before the appeal is heard, give further grounds for his decision, which may include grounds other than the grounds of decision given earlier by the trial judge.
(5) Where an appellate court had delivered judgment orally, it may, at a later date, give in writing the grounds of its decision, which may include grounds other than the grounds of decision given earlier by the appellate court.
(6) Where the appellate court comprises more than one judge, it shall ordinarily give only one judgment, which may be delivered by the presiding judge or by such other member of the appellate court as the presiding judge may direct.
(7) Separate judgments shall be delivered if the presiding judge so directs.
(8) The judgment of any judge who is absent may be delivered by any other judge.
(9) If the accused is in custody, he must be produced before the court.
(10) If the accused is not in custody, he must attend to hear judgment delivered except when his personal attendance during the trial has been dispensed with and the sentence is one of fine only.
(11) Where the court reserves judgment in a trial, appeal, case stated, criminal revision, criminal reference or criminal motion, it may grant bail to the accused, with or without sureties, and on such terms and conditions as it thinks fit.
299.
—(1) After hearing the appeal and delivering its judgment, the appellate court must certify its judgment, sentence or order to the trial court which recorded or passed the judgment, sentence or order appealed against.
(2) Where an appeal is not dismissed, the certificate must state the grounds on which the appellate court allowed the appeal or varied the trial court’s decision.
(3) The trial court must then make orders that conform to the appellate court’s judgment, sentence or order, and, if necessary, amend the record accordingly.
(4) If the appellate court imposes a sentence of imprisonment on a person who was not so sentenced by the trial court, the appellate court must by warrant commit that person to prison in addition to anything else it is required to do by this section and must certify accordingly to the trial court.
300. When a person is found guilty of one of several possible offences under any written law, but it is doubtful which of those offences he is guilty of, the court must record a conviction in the alternative, distinctly specifying those offences, and the offender must be punished for the offence carrying the lowest punishment if the same punishment is not provided for all.
301.
—(1) Where a court has delivered its judgment, it may rectify a clerical error at any time, and any other error, including an error in the exercise of its sentencing powers, may be rectified by the court by the next working day after the delivery of the judgment.
Illustrations
(a)
A Magistrate’s Court sentences an accused to 4 years’ imprisonment for an offence of theft under section 380 of the Penal Code (Cap. 224). In so far as a Magistrate’s Court may only impose an imprisonment term not exceeding 3 years, the court had made an error. Such an error may be rectified by the court by the next working day after the delivery of the judgment.
(b)
A committed an offence under the Penal Code after the coming into force of the Penal Code (Amendment) Act 2007 (Act 51 of 2007). The Magistrate’s Court, however, imposed a sentence on A based on the penalty provision in the Penal Code that was in force prior to the coming into force of the Penal Code (Amendment) Act 2007 when it should have sentenced A based on the penalty provision as amended by the Penal Code (Amendment) Act 2007. Such an error may be rectified by the court by the next working day after the delivery of the judgment.
(c)
A District Court imposes caning on a man who committed an offence when he was 54 years of age. In so far as section 325 of this Code prohibits the court from imposing caning on the man, the court had made an error. Such an error may be rectified by the court by the next working day after the delivery of the judgment.
(d)
A District Court sentences an accused to one year’s imprisonment for an offence of extortion by putting a person in fear of death or grievous hurt under section 386 of the Penal Code. In so far as section 386 of that Code imposes a mandatory minimum imprisonment term of 2 years, the court had made an error. Such an error may be rectified by the court by the next working day after the delivery of the judgment.
(2) For the avoidance of doubt, any error resulting from a sentence imposed by a court which it subsequently views as being too harsh or too lenient is not such error within the meaning in subsection (1).
PART XVI
SENTENCES
303.
—(1) The High Court may pass any sentence authorised by law.
(2) Subject to this Code and any other written law, a District Court may pass any of the following sentences:
(a)
imprisonment not exceeding 10 years;
(b)
fine not exceeding $30,000;
(c)
caning not exceeding 12 strokes;
(d)
any other lawful sentence, including a combination of the sentences it is authorised by law to pass.
(3) Subject to this Code and any other written law, a Magistrate’s Court may pass any of the following sentences:
(a)
imprisonment not exceeding 3 years;
(b)
fine not exceeding $10,000;
(c)
caning not exceeding 6 strokes;
(d)
any other lawful sentence, including a combination of the sentences it is authorised by law to pass.
304.
—(1) Where a person of the age of 18 years or above —
(a)
is convicted before the High Court or a District Court of an offence punishable with imprisonment for 2 years or more, and has been convicted in Singapore or elsewhere at least twice since he reached the age of 16 years for offences punishable with such a sentence; or
(b)
is convicted at one trial before the High Court or a District Court of 3 or more distinct offences punishable with imprisonment for 2 years or more, and has been convicted and sentenced in Singapore or elsewhere to imprisonment for at least one month since he reached the age of 16 years for an offence punishable with imprisonment for 2 years or more,
then, if the court is satisfied that it is expedient with a view to his reformation and the prevention of crime that he should receive training of a corrective character for a substantial period of time, followed by a period of supervision if released before the expiration of his sentence, the court, unless it has special reasons for not doing so, shall sentence him to corrective training for a period of 5 to 14 years in lieu of any sentence of imprisonment.
(2) Where a person of the age of 30 years or above —
(a)
is convicted before the High Court or a District Court of an offence punishable with imprisonment for 2 years or more, and has been convicted in Singapore or elsewhere at least 3 times since he reached the age of 16 years of offences punishable with such a sentence, and was on at least 2 of those occasions sentenced to imprisonment or corrective training; or
(b)
is convicted at one trial before the High Court or a District Court of 3 or more distinct offences punishable with imprisonment for 2 years or more, and has been convicted and sentenced in Singapore or elsewhere to imprisonment for at least one month since he reached the age of 16 years for an offence punishable with imprisonment for 2 years or more,
then, if the court is satisfied that it is expedient for the protection of the public that he should be detained in custody for a substantial period of time, followed by a period of supervision if released before the expiration of his sentence, the court, unless it has special reasons for not doing so, shall sentence him to preventive detention for a period of 7 to 20 years in lieu of any sentence of imprisonment.
(3) Before sentencing any offender to corrective training or preventive detention, the court must call for and consider any report submitted by the Director of Prisons, or any person authorised by the Director of Prisons to submit the report on his behalf, on the offender’s physical and mental condition and his suitability for such a sentence; and if the court has not received such a report, it must remand the offender in custody for a period or periods, not exceeding one month in the case of any single period, to enable the report to be submitted.
(4) The court must give a copy of any report submitted by the Director of Prisons to the offender or his advocate and to the Public Prosecutor.
(5) Where an offender who is sentenced under subsection (1) or (2) is also convicted at the same trial of any offence other than an offence punishable with imprisonment for 2 years or more, the court may, on the application of the Public Prosecutor, instead of imposing any term of imprisonment as may be prescribed for that offence, take into account such offence for the purposes of determining the period of corrective training or preventive detention, as the case may be.
(6) A person sentenced to corrective training or preventive detention must be detained in a prison for the term of his sentence in accordance with the regulations made under section 428.
305.
—(1) Where a person is convicted by a court of an offence punishable with imprisonment and that person is, on the day of his conviction —
(a)
of or above the age of 16 years but below the age of 21 years; or
(b)
of or above the age of 14 years but below the age of 16 years and has, before that conviction, been dealt with by a court in connection with another offence and had, for that offence, been ordered to be sent to a juvenile rehabilitation centre established under section 64 of the Children and Young Persons Act (Cap. 38),
the court may impose a sentence of reformative training in lieu of any other sentence if it is satisfied, having regard to his character, previous conduct and the circumstances of the offence, that to reform him and to prevent crime he should undergo a period of training in a reformative training centre.
[3/2011]
(2) Where a young person has been ordered by a Juvenile Court under the Children and Young Persons Act to be brought before a District Court, then the court must inquire into the circumstances of the case and may —
(a)
if satisfied that to reform him he should undergo a period of training in a reformative training centre, sentence him to reformative training instead of any other sentence; or
(b)
in any case, deal with him in the manner that the Juvenile Court might have dealt with him.
(3) Before imposing any sentence of reformative training, the court must call for and consider any report submitted by the Director of Prisons, or any person authorised by the Director of Prisons to submit the report on his behalf, on the offender’s physical and mental condition and his suitability for the sentence; and if the court has not received such a report, it must remand the offender in custody for a period or periods, not exceeding one month in the case of any single period, to enable the report to be submitted.
(4) The court must give a copy of any report submitted by the Director of Prisons to the offender or his advocate and to the Public Prosecutor.
(5) A person sentenced to reformative training must be detained in accordance with the regulations made under section 428.
306.
—(1) Where a person is convicted at one trial of any 2 or more distinct offences, the court must sentence him for those offences to the punishments that it is competent to impose.
(2) Subject to section 307 and subsection (4), where these punishments consist of imprisonment, they are to run consecutively in the order that the court directs, or they may run concurrently if the court so directs.
(3) The court need not send the offender for trial before a higher court merely because the combined punishment for the various offences exceeds the punishment which the court is competent to inflict for a single offence.
(4) Subject to any written law, a Magistrate’s Court or District Court may not impose a total term of imprisonment that exceeds twice that which such court is competent to impose under section 303.
307.
—(1) Subject to subsection (2), if at one trial a person is convicted and sentenced to imprisonment for at least 3 distinct offences, the court before which he is convicted must order the sentences for at least 2 of those offences to run consecutively.
(2) Where a sentence of life imprisonment is imposed by the High Court at a trial mentioned in subsection (1), the other sentences of imprisonment must run concurrently with the sentence of life imprisonment, except that where the Court of Appeal sets aside or reduces the sentence of life imprisonment then the Court of Appeal may order any of the other sentences of imprisonment to run consecutively.
308.
—(1) Where anything which is an offence is made up of parts, any of which parts is itself an offence, the person who committed the offence shall not be punished with the punishment of more than one of such offences unless it is expressly provided.
(2) Where —
(a)
anything is an offence falling within 2 or more separate definitions of any law in force for the time being by which offences are defined or punished; or
(b)
several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence,
the person who committed the offence shall not be punished with a more severe punishment than the court which tries him could award for any one of such offences.
Illustrations
(a)
A gives Z 50 strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for 50 years, one for each blow. But he is liable only to one punishment for the whole beating.
(b)
But if, while A is beating Z, Y interferes and A intentionally strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y.
309.
—(1) If a person who has been convicted in Singapore or elsewhere of an offence punishable with imprisonment for 2 years or more is convicted of another offence also punishable with imprisonment for 2 years or more, a court may, in addition to sentencing him to any other punishment, order that he be placed under police supervision for a period starting immediately after the last sentence passed on him ends.
(2) The period of supervision imposed by the High Court, the District Court and the Magistrate’s Court under subsection (1) must not exceed 7 years, 5 years and 3 years, respectively.
310.
—(1) Every person ordered to be placed under police supervision and who is at large in Singapore must —
(a)
personally present himself and notify the place of his residence to the officer in charge of the police division in which his residence is situated;
(b)
where he changes his residence, personally present himself and notify the change of residence to the officer in charge of the police division in which his new residence is situated;
(c)
where he changes his residence to a place outside Singapore, personally present himself and notify the change of residence and the place to which he is going to reside to the officer in charge of the police division in which his last residence in Singapore is situated;
(d)
if, having changed his residence to a place outside Singapore, he later returns to Singapore, personally present himself and notify his return and his place of residence in Singapore to the officer in charge of the police division in which his residence in Singapore is situated; and
(e)
if he intends to be absent from his last notified residence for more than 48 hours without changing his place of residence, personally present himself and notify his intention, where he intends to go and how long he will be away to the officer in charge of the police division in which his residence is situated.
(2) A person under police supervision must, at least once every 30 days, report personally at the time and place and to the police officer appointed by the Commissioner of Police, and such officer may on each occasion take or cause to be taken the fingerprints of the person reporting to him.
Penalty for non-compliance with section 310
311.
—(1) If any person subject to police supervision who is at large in Singapore —
(a)
remains in any place for 48 hours without personally presenting himself and notifying the place of his residence to the officer in charge of the police division in which such place is situated;
(b)
fails to comply with the requirements of section 310 on the occasion of any change of residence;
(c)
is absent from his notified place of residence for more than 48 hours without having complied with the requirements of section 310(1)(e); or
(d)
fails to comply with the requirements of section 310(2),
he shall in every such case, unless he proves to the satisfaction of the court before which he is tried that he did his best to act in conformity with the law, be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 12 months.
(2) Where a court convicts a person of an offence under this section, the court may, in addition to sentencing him to any other punishment, order that he remain under police supervision for a further period of not more than one year, commencing immediately after the end of the sentence passed on him by that court, or immediately after the end of the period of police supervision in respect of which the offence was committed, whichever is the later.
(3) Where a person under police supervision is, while still subject to such supervision, sentenced to a term of imprisonment for any offence, then the period of supervision may exclude any term spent in prison.
312. Sections 310 and 311 apply to every person who, by reason of an order made under the law for the time being in force in Malaysia or any State thereof, would be subject to the supervision of the police if he were at large in Malaysia or that State, and who is at large in Singapore.
313. The following provisions apply to death sentences:
(a)
after sentence has been pronounced, a warrant under the seal of the court must be made out for the person sentenced to be committed to the custody of the Director of Prisons in accordance with such prescribed form;
(b)
the warrant shall be full authority to the Director of Prisons, or any officer appointed by him for that purpose, for receiving into his custody and detaining the person sentenced until he receives the court’s further warrant or order;
(c)
in cases in which notice of appeal or notice of an application for leave to appeal is not given within the prescribed period, the trial Judge who tried the accused must, within a reasonable time after that period has elapsed, send to the Minister a copy of the notes of evidence taken at the trial, with a report in writing signed by him stating whether, in his opinion, there are any reasons (and, if so, what reasons) why the death sentence should or should not be carried out;
(d)
in cases where notice of appeal is given or notice of an application for leave to appeal is given, the trial Judge must forward to the Court of Appeal the notes of evidence and report referred to in paragraph (c), within a reasonable time after being notified by the Registrar of the Supreme Court that the notice has been given;
(e)
if the Court of Appeal dismisses the appeal or the application for leave to appeal, as the case may be, then the Chief Justice or other presiding Judge must, within a reasonable time, forward to the Minister the notes of evidence and report, stating whether he agrees with the trial Judge, together with a notification of the decision of the Court of Appeal and also any report on the case that the Court of Appeal may think fit to make, signed by the Chief Justice or other presiding Judge;
(f)
the President must, acting in accordance with the Constitution —
(i)
transmit to the High Court a copy signed and sealed by him of any order he makes;
(ii)
if the sentence is to be carried out, state the time and place of execution of the sentence in the order; and
(iii)
if the person sentenced is pardoned or the sentence is commuted to another punishment, state this in the order;
(g)
on receiving the copy of the President’s order the High Court must, if the sentence is to be carried out, cause a warrant to be issued under the seal of the Court and signed by the trial Judge, or in his absence any other High Court Judge, setting out the time and place of execution as prescribed in the order of the President;
(h)
the President may, at any time before the warrant is carried out, order a respite of the execution of the warrant and afterwards appoint some other time or other place for its execution;
(i)
the warrant must be directed to the Director of Prisons who must carry out the sentence in accordance with law;
(j)
there must be present at the execution of the sentence the superintendent of the prison, a medical officer of the prison, and any other prison officers that the Director of Prisons requires;
(k)
there may also be present a minister of religion in attendance at the prison and any other persons that the Director of Prisons thinks proper to admit;
(l)
immediately after the death sentence has been carried out, the medical officer of the prison present must examine the body of the person executed, ascertain the fact of death and sign a death certificate and deliver it to the Director of Prisons;
(m)
within 24 hours after the execution, a Coroner must hold an inquiry as provided under the Coroners Act 2010 (Act 14 of 2010) and satisfy himself of the identity of the body and whether the sentence of death was duly carried out;
(n)
a copy of the Coroner’s findings must be forwarded to and filed in the Registry of the Supreme Court and another must be forwarded to and filed in the office of the Minister;
(o)
where a sentence of death is avoided by the escape of the person sentenced to death, the sentence must be carried out at such other time after his recapture that the High Court then orders;
(p)
no omission or error as to time and place and no defect in form in any order or warrant given under this section, and no omission to comply with paragraphs (j) to (n) may be held to make illegal any execution carried out or intended to have been carried out under the order or warrant or make illegal any execution that would otherwise have been legal.
314. A sentence of death must not be passed or recorded against an accused convicted of an offence if the court has reason to believe that, at the time the offence was committed, he was below the age of 18 years, but instead the court must sentence him to life imprisonment.
315.
—(1) Where a woman convicted of an offence punishable with death alleges that she is pregnant, or where the court before whom a woman is so convicted thinks fit, the question whether or not the woman is pregnant must, before sentence is passed on her, be determined by the court.
(2) If the court finds the woman pregnant, it must pass a sentence of life imprisonment on her.
(3) If the court finds the woman not to be pregnant, she may appeal to the Court of Appeal against that finding in the manner set out under this Code.
(4) On hearing the appeal referred to in subsection (3), the Court of Appeal, if satisfied for any reason that the finding should be set aside, must set aside the sentence, and pass a sentence of life imprisonment.
316. Where any person is sentenced to death, the sentence must direct that he must be hanged by the neck until he is dead but shall not state the place where nor the time when the sentence is to be carried out.
317.
—(1) Where an accused is sentenced to imprisonment or to caning, the court must immediately forward a warrant (unless the accused is already confined in prison) stating the name of the accused and sentence to the Director of Prisons or an officer appointed by him for that purpose who must receive into his custody the person named in the warrant.
(2) The warrant shall be full authority to the Director of Prisons or the officer appointed by him for receiving into custody and detaining the accused and carrying out the sentence.
318. Subject to this Code and any other written law, a sentence of imprisonment shall take effect from the date it was passed, unless the court passing the sentence or, when there has been an appeal, the appellate court, otherwise directs.
319.
—(1) Where any fine is imposed and there is no express provision in the law relating to the fine, the following provisions apply:
(a)
if the maximum sum is not stated in the law, the fine to which the offender is liable shall be unlimited but must not be excessive;
(b)
the court which imposed the fine may choose to do all or any of the following things at any time before the fine is paid in full:
(i)
allow and extend time for its payment;
(ii)
direct that the fine be paid by instalments;
(iii)
order the attachment of any property, movable or immovable, belonging to the offender —
(A)
by seizure;
(B)
by appointing a receiver; or
(C)
by directing any person who owes money to the offender to pay the court the amount of that debt due or accruing or the amount that is sufficient to pay off the fine;
(iv)
direct that in default of payment of the fine, the offender must suffer imprisonment for a certain term which must be consecutive with any other imprisonment to which he may be sentenced, including any other imprisonment term or terms imposed on the offender under this section in default of payment of fine, or to which he may be liable under a commutation of a sentence;
(v)
direct that the person be searched, and that any money found on him when so searched or which, in the event of his being committed to prison, may be found on him when taken to prison, shall be applied towards the payment of such fine, the surplus, if any, being returned to him; provided that the money shall not be so applied if the court is satisfied that the money does not belong to the person on whom it was found;
(c)
before allowing time for payment under paragraph (b)(i) or directing payment by instalments under paragraph (b)(ii), the court may require the offender to execute a bond with or without sureties on condition that he pay the fine or the instalments, as the case may be, on the day or days directed; and if the fine or any instalment is not paid as ordered, then the whole of the fine remaining unpaid becomes due and payable and the court may issue a warrant for the offender’s arrest;
(d)
the term for which the court directs the offender to be imprisoned in default of payment of a fine shall be as follows:
(i)
if the offence is punishable with imprisonment for a term of 24 months or more, it must not exceed one half of the maximum term of imprisonment fixed for the offence;
(ii)
if the offence is punishable with imprisonment for a term of less than 24 months, it must not exceed one third of the maximum term of imprisonment fixed for the offence;
(iii)
if the offence is not punishable with imprisonment, it must be 6 months or less;
(e)
the imprisonment that is imposed in default of payment of a fine may be additional to the sentence of imprisonment for the maximum term which the court may impose under section 303 provided that the total punishment of imprisonment passed on an offender at one trial does not exceed the limits prescribed by section 306;
(f)
the imprisonment imposed in default of payment of a fine shall end when that fine is paid or levied by process of law;
(g)
if, before the end of the period of imprisonment imposed in default of payment of a fine, such a proportion of the fine is paid or levied that the term of imprisonment already suffered in default of payment is at least equivalent to the part of the fine still unpaid, then the imprisonment must end;
(h)
the fine or any part of it that remains unpaid may be levied at any time within 6 years after the passing of the sentence or, if under the sentence the offender is liable to imprisonment for a longer period than 6 years, then at any time before that period expires; and the offender’s death does not discharge from the liability any property that would after his death be legally liable for his debts.
(2) If a person fails to pay the court the amount which he is directed to pay under subsection (1)(b)(iii)(C), it shall be recoverable as though it were a judgment debt due to the court.
320.
—(1) Where an offender has been sentenced to a fine only and to imprisonment in default of payment of the fine and the court issues an order of attachment under section 319(1)(b)(iii), it may suspend the sentence of imprisonment and may release the offender on his executing a bond with or without sureties, as the court thinks fit, on condition that he appear before that court on the day appointed for the return of the order of attachment.
(2) The day appointed under subsection (1) must not be more than 15 days from the time of executing the bond.
(3) If the fine has not been paid, the court may direct the sentence of imprisonment to be carried out at once.
321. A warrant for the execution of any sentence, including an order of attachment of property, may be issued either by the Judge, District Judge or Magistrate who passed the sentence or by his successor or other Judge, District Judge or Magistrate acting in his place.
322.
—(1) Where a person who is an escaped convict or is undergoing a sentence of imprisonment is sentenced again to imprisonment, the latter sentence of imprisonment must begin either immediately or at the end of the imprisonment to which he was previously sentenced, as the court awarding the sentence directs.
(2) A death sentence must be carried out despite a pending sentence of imprisonment.
(3) Nothing in subsection (1) may be held to excuse a person from any part of the punishment to which he is liable upon his former or subsequent conviction.
Juvenile may be dealt with under Children and Young Persons Act
323. If a juvenile is convicted of an offence punishable by fine or imprisonment or both, and whether or not the law under which the juvenile is convicted provides that fine or imprisonment or both shall be imposed, the court may, instead of sentencing him to fine or imprisonment, deal with the juvenile in the manner provided by the Children and Young Persons Act (Cap. 38).
324. Where a death sentence has been carried out pursuant to a warrant issued under section 313(i), the Director of Prisons who carried out the sentence must return the warrant to the court which issued it with an endorsement signed by him, certifying that the sentence has been carried out.
325.
—(1) The following persons shall not be punished with caning:
(a)
women;
(b)
men who are more than 50 years of age at the time of infliction of the caning; and
(c)
men sentenced to death whose sentences have not been commuted.
(2) Subject to any other written law, if a person is convicted of one or more offences punishable with caning (referred to in this section as the relevant offences) but the person cannot be caned because subsection (1)(a) or (b) applies, the court may, in addition to any other punishment to which that person has been sentenced, impose a term of imprisonment of not more than 12 months in lieu of the caning which it could, but for this section, have ordered in respect of the relevant offences.
(3) A court may impose a term of imprisonment under subsection (2) notwithstanding that the aggregate of such term and the imprisonment term imposed for any of the relevant offences exceeds the maximum term of imprisonment prescribed for any of those offences.
(4) A Magistrate’s Court or District Court may impose a term of imprisonment under subsection (2) notwithstanding that the aggregate sentence of imprisonment (comprising the term of imprisonment imposed under subsection (2) and the combined terms of imprisonment imposed by the court in respect of the relevant offences) exceeds the limits prescribed by section 306.
(5) The power of a court to impose the additional term of imprisonment under subsection (2) shall not apply in relation to any offence which is committed before the date of commencement of this Division.
326. Where a person is sentenced to caning only or where the sentence of caning cannot reasonably be carried out before the release of the person under any sentence of imprisonment, the court must, on the application of the Public Prosecutor, authorise the detention of the person for as long as is reasonably necessary for carrying out the sentence of caning at the place and time that the court directs.
327.
—(1) Where an accused is sentenced to caning in addition to imprisonment, the caning must not be inflicted —
(a)
until after the expiration of the time within which notice of appeal may be given under this Code, or any extension of time which may be permitted under this Code; or
(b)
if notice is so given, until after the determination of the appeal.
(2) The caning must be inflicted as soon as practicable after the time prescribed in subsection (1) has expired.
328.
—(1) Notwithstanding any provision of this Code or any other law to the contrary, where an accused is sentenced at the same sitting for 2 or more offences punishable by caning (referred to in this section as the relevant offences), the aggregate sentence of caning imposed by the court in respect of the relevant offences shall not exceed the specified limit.
(2) Subject to any other written law, where an accused would but for subsection (1) have been sentenced to an aggregate sentence of caning which exceeds the specified limit, the court may impose a term of imprisonment of not more than 12 months in lieu of all such strokes which exceed the specified limit.
(3) A court may impose a term of imprisonment under subsection (2) notwithstanding that the aggregate of such term and the imprisonment term imposed for any of the relevant offences exceeds the maximum term of imprisonment prescribed for any of the relevant offences.
(4) A Magistrate’s Court or District Court may impose a term of imprisonment under subsection (2) notwithstanding that the aggregate sentence of imprisonment (comprising the term of imprisonment imposed under subsection (2) and the combined terms of imprisonment imposed by the court in respect of the relevant offences) exceeds the limits prescribed by section 306.
(5) The power of a court to impose the additional term of imprisonment under subsection (2) shall not apply in relation to any offence which is committed before the date of commencement of this Division.
(6) In this section, the specified limit is 24 strokes in the case of an adult and 10 strokes in the case of a juvenile.
329.
—(1) The Minister may make rules to prescribe the mode of carrying out the sentence of caning.
(2) Caning shall be inflicted on such part of the person as the Minister from time to time generally directs.
(3) The rattan shall not be more than 1.27 centimetres in diameter.
(4) In the case of a juvenile, caning shall be inflicted with a light rattan.
331.
—(1) The punishment of caning may be inflicted only if a medical officer is present and certifies that the offender is in a fit state of health to undergo such punishment.
(2) If, during the execution of a sentence of caning, the medical officer certifies that the offender is not in a fit state of health to undergo the rest of the sentence, the caning must be stopped.
Procedure if punishment cannot be inflicted under section 331
332.
—(1) Where a sentence of caning is wholly or partially prevented from being carried out under section 331, the offender must be kept in custody until the court that passed the sentence can revise it.
(2) That court may —
(a)
remit the sentence; or
(b)
sentence the offender instead of caning, or instead of as much of the sentence of caning as was not carried out, to imprisonment of not more than 12 months, which may be in addition to any other punishment to which he has been sentenced for the offence or offences in respect of which the court has imposed caning (referred to in this section as the relevant offences).
(3) A court may impose a term of imprisonment under subsection (2)(b) notwithstanding that the aggregate of such term and the imprisonment term imposed for any of the relevant offences exceeds the maximum term of imprisonment prescribed for any of those offences.
(4) A Magistrate’s Court or District Court may impose a term of imprisonment under subsection (2)(b) notwithstanding that the aggregate sentence of imprisonment (comprising the term of imprisonment imposed under subsection (2)(b) and the combined terms of imprisonment imposed by the court in respect of the relevant offences) exceeds the limits prescribed by section 306.
(5) The power of a court to impose the additional term of imprisonment under subsection (2)(b) shall not apply in relation to any offence which is committed before the date of commencement of this Division.
333.
—(1) Where a person has been sentenced to punishment for an offence, the President, acting in accordance with the Constitution, may grant a pardon, reprieve or respite, on such conditions as the President thinks fit, of the execution of the sentence, or remit the whole or any part of the sentence or any penalty or forfeiture imposed by law.
(2) Where an application is made to the President for any of the reliefs mentioned in subsection (1), the President —
(a)
in the case of a sentence of death, shall act in accordance with Article 22P(2) of the Constitution; or
(b)
may in any other case, require the presiding judge of the court before or by which the person is convicted to state his opinion as to whether the application should be granted or refused, and the judge shall state his opinion accordingly.
(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the President, not fulfilled, the President may cancel the suspension or remission, and upon such cancellation, the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by a police officer without warrant and remanded to undergo the unexpired portion of the sentence.
(4) Subsection (3) does not apply to a sentence of death.
PART XVII
COMMUNITY SENTENCES
335. In this Part —
“appointed psychiatrist” means any psychiatrist appointed under section 339(13);
“community service officer” means any person appointed as a community service officer under section 346(9)(a);
“community work officer” means any person appointed as a community work officer under section 344(10);
“day reporting centre” means any place as may be designated by the Minister charged with the responsibility for home affairs as a day reporting centre under section 341(8);
“day reporting officer” means any person appointed as a day reporting officer under section 341(7);
“psychiatrist” means any medical practitioner who is registered as a psychiatrist in the Register of Specialists under the Medical Registration Act (Cap. 174).
336.
—(1) In this Part, “community order” means any of the following orders:
(a)
a mandatory treatment order;
(b)
a day reporting order;
(c)
a community work order;
(d)
a community service order; or
(e)
a short detention order.
(2) In this Part, “community sentence” means a sentence which consists of one or more community orders made by a court at the same court proceeding.
337.
—(1) Subject to subsections (2) and (3), a court shall not exercise any of its powers under this Part to make any community order in respect of —
(a)
an offence for which the sentence is fixed by law;
(b)
an offence for which a specified minimum sentence or mandatory minimum sentence of imprisonment or fine or caning is prescribed by law;
(c)
an offence which is specified in the Third Schedule to the Registration of Criminals Act (Cap. 268);
(d)
a person who had previously been sentenced to a term of imprisonment, other than a term of imprisonment served by him in default of payment of a fine;
(e)
a person who had previously been sentenced to reformative training, corrective training or preventive detention;
(f)
a person who had previously been detained or subject to police supervision under section 30 of the Criminal Law (Temporary Provisions) Act (Cap. 67);
(g)
a person who had previously been admitted to an approved institution under section 34 of the Misuse of Drugs Act (Cap. 185) or to an approved centre under section 17 of the Intoxicating Substances Act (Cap. 146A);
(h)
an offence which is punishable with a fine only; or
(i)
an offence which is punishable with a term of imprisonment which exceeds 3 years.
(2) A court may not make a mandatory treatment order in respect of any case referred to in subsection (1) except that it may do so under section 339 even if the offender —
(a)
had previously been sentenced to a term of imprisonment, whether or not it is a term of imprisonment served by him in default of payment of a fine; or
(b)
had previously been admitted to an approved institution under section 34 of the Misuse of Drugs Act or to an approved centre under section 17 of the Intoxicating Substances Act.
(3) A court may not make a community work order in respect of any case referred to in subsection (1) except that it may do so under section 344 even if the offender is convicted of ––
(a)
an offence which is punishable with a fine only; or
(b)
an offence for which a specified minimum sentence of fine or a mandatory minimum sentence of fine is prescribed by law.
(4) If an offender convicted of 2 or more offences is sentenced at the same court proceeding for those offences, a court shall not pass a community sentence if any of those offences relate to an offence in respect of which the powers to make community orders conferred by this Part cannot be exercised by the court.
(5) Subject to section 344(11)(b), a community sentence passed by a court in respect of any offence shall be in lieu of any sentence of imprisonment, caning and fine which the court may impose for that offence.
338. A court may make a community order in respect of one or more offences or it may make one or more community orders in respect of one offence.
339.
—(1) Subject to subsections (2), (3) and (4), where an offender is convicted of an offence, and if the court by or before which he is convicted is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may make a mandatory treatment order requiring the offender to undergo psychiatric treatment for a period not exceeding 24 months.
(2) Before making a mandatory treatment order, the court must call for a report to be submitted by an appointed psychiatrist.
(3) A court may make a mandatory treatment order in respect of an offender only if the report submitted by an appointed psychiatrist states that —
(a)
the offender is suffering from a psychiatric condition which is susceptible to treatment;
(b)
the offender is suitable for the treatment; and
(c)
the psychiatric condition of the offender is one of the contributing factors for his committing the offence.
(4) A court must not make a mandatory treatment order in respect of an offender if the report submitted by the appointed psychiatrist states that he is not satisfied with any of the matters referred to in subsection (3)(a) to (c).
(5) In assessing whether an offender is a person suitable for treatment for his psychiatric condition, the appointed psychiatrist may take into account the following factors:
(a)
whether the offender is likely to attend the treatment sessions on such day and at such time and place as the appointed psychiatrist may require;
(b)
the physical and mental state of the offender; and
(c)
the financial standing of the offender and his ability to pay all or any part of the costs of his treatment which it is reasonable for him to pay.
(6) For the purpose of obtaining the report from an appointed psychiatrist, a court may order that an offender —
(a)
be remanded for observation in a psychiatric institution for a period or periods, not exceeding 3 weeks in the case of any single period, as the court thinks necessary to enable the report to be submitted by the appointed psychiatrist; or
(b)
attend at a psychiatric institution for assessment to enable the report to be submitted by the appointed psychiatrist.
(7) An offender may, no later than 3 weeks from the date the court has called for a report from an appointed psychiatrist, or at such other time as the court may allow, submit to the appointed psychiatrist any report made by a psychiatrist engaged by the offender.
(8) Before making any report, the appointed psychiatrist shall take into consideration the report made by the psychiatrist engaged by the offender.
(9) Any report made by the appointed psychiatrist shall be taken to be final and conclusive as to the matters referred to in subsection (3)(a), (b) and (c).
(10) A court may impose such conditions as it thinks fit when making a mandatory treatment order.
(11) Before making a mandatory treatment order, the court shall also explain to the offender in ordinary language —
(a)
the purpose and effect of the order (and in particular the obligations of the offender as specified in section 340);
(b)
the consequences which may follow if he fails to comply with any of those obligations, or any conditions imposed by the court under subsection (10); and
(c)
that the court has the power, under section 351, to vary or revoke the order on the application of the appointed psychiatrist.
(12) The court shall extend a copy of any report made by an appointed psychiatrist to the offender or his advocate and to the Public Prosecutor.
(13) The Director of Medical Services may appoint any psychiatrist to be an appointed psychiatrist for the purposes of this section.
(14) The Minister charged with the responsibility for health may make regulations in relation to the treatment of a person subject to a mandatory treatment order.
340. An offender in respect of whom a mandatory treatment order is in force shall —
(a)
attend the treatment sessions on such day and at such time and place as the appointed psychiatrist may require;
(b)
comply with such other conditions in connection with his treatment as the appointed psychiatrist may require; and
(c)
comply with such other conditions which a court may impose under section 339(10).
341.
—(1) Subject to subsection (2), where an offender who is 16 years of age or above is convicted of an offence, and if the court by or before which he is convicted is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may make a day reporting order requiring him to report to a day reporting officer at any day reporting centre.
(2) A court must, before making a day reporting order, call for a report from a day reporting officer regarding the susceptibility of the offender convicted of an offence to counselling and rehabilitation under the supervision of a day reporting officer.
(3) For the avoidance of doubt, a court may make a day reporting order notwithstanding that the report from the day reporting officer states that the offender in respect of whom the day reporting order is to be made is not susceptible to counselling and rehabilitation under the supervision of a day reporting officer.
(4) The period during which an offender may be required to report to a reporting centre under a day reporting order shall be specified in the order and shall —
(a)
not be less than 3 months; and
(b)
not be more than 12 months.
(5) A court may impose such conditions as it thinks fit when making a day reporting order.
(6) Before making a day reporting order, the court shall explain to the offender in ordinary language —
(a)
the purpose and effect of the order (and in particular the obligations of the offender as specified in section 343);
(b)
the consequences which may follow if he fails to comply with any of those obligations, or any conditions imposed by the court under subsection (5); and
(c)
that the court has the power, under section 351, to vary or revoke the order on the application of the day reporting officer.
(7) The Director of Prisons may appoint any person to be a day reporting officer for the purposes of this section.
(8) The Minister charged with the responsibility for home affairs may designate any place as a day reporting centre.
342.
—(1) Subject to subsection (2), a day reporting order may in addition include requirements for securing the electronic monitoring of the whereabouts of an offender subject to the order during the period when the order is in force against the offender.
(2) A court shall not make a day reporting order which includes the requirements referred to in subsection (1) unless the court is satisfied that electronic monitoring arrangements can be made by the day reporting officer.
(3) Electronic monitoring arrangements made under this section may include entering into contracts with other persons for the electronic monitoring by them of the whereabouts of the offender.
343. An offender in respect of whom a day reporting order is in force shall —
(a)
report to the day reporting officer on such day and at such time and reporting centre as the day reporting officer may require;
(b)
undergo such counselling and rehabilitation programme as the day reporting officer may require;
(c)
notify the day reporting officer of any change in his address or employment status;
(d)
give to the day reporting officer, upon the request of that officer, any information relating to his daily routine or whereabouts;
(e)
comply with the requirements referred to in section 342(1), if any;
(f)
not assault, threaten, insult or use abusive language to a day reporting officer; and
(g)
comply with such other conditions which a court may impose under section 341(5).
344.
—(1) This section, including the provisions in this Part, shall apply to any offence under any Act or subsidiary legislation which is prescribed under subsection (2).
(2) The Minister responsible for the administration of any Act (or any part thereof) or any subsidiary legislation may prescribe any offence under that Act (or any part thereof) or subsidiary legislation to be an offence to which this section and the other provisions in this Part apply.
(3) Subject to subsection (5), where an offender who is 16 years of age or above is convicted of an offence prescribed under subsection (2), and if the court by or before which he is convicted is satisfied that it is expedient with a view to his reformation that he shall be required to perform community work that is associated with that offence, the court may make a community work order requiring him to perform any unpaid community work under the supervision of a community work officer.
(4) For the purposes of subsection (3), community work is associated with an offence if the performance of that work will promote in the offender a sense of responsibility for, and an acknowledgment of, the harm that he has done by committing that offence.
(5) A court shall not make a community work order in respect of an offender unless the court is satisfied that suitable arrangements can be made for him to perform work under such order.
(6) The number of hours which an offender may be required to work under a community work order shall be specified in the order and shall not exceed the prescribed maximum hours of community work which the offender may be required to perform under that order.
(7) A court may impose such conditions as it thinks fit when making a community work order.
(8) Before making a community work order, the court shall explain to the offender in ordinary language —
(a)
the purpose and effect of the order (and in particular the obligations of the offender as specified in section 345);
(b)
the consequences which may follow if he fails to comply with any of those obligations, or any conditions imposed by the court under subsection (7); and
(c)
that the court has the power, under section 351, to vary or revoke the order on the application of the community work officer.
(9) Where a court makes community work orders in respect of 2 or more offences of which an offender has been convicted by or before the court, the court may direct that the hours of work specified in any of those orders shall be concurrent with or additional to the hours specified in any of those orders, but so that the total number of hours which are not concurrent shall not exceed the maximum hours of community work which the offender may be required to perform under any one of those orders.
(10) Where any offence under any Act or subsidiary legislation is prescribed by a Minister under subsection (2), that Minister, or any public body under the charge of that Minister and with his approval, may appoint any person to be a community work officer for the purpose of supervising the performance of work which an offender may be required to perform under a community work order made in relation to the offence prescribed under that subsection.
(11) Where any offence under any Act or subsidiary legislation is prescribed by a Minister under subsection (2), that Minister, or any public authority constituted by any written law under the charge of that Minister and with his approval, may —
(a)
prescribe the minimum and maximum hours of community work which an offender may be required to work under a community work order made in relation to the offence prescribed under that subsection;
(b)
make provisions to allow a court, in a case where the offence prescribed under subsection (2) is punishable with a sentence of fine, to make a community work order which shall be in addition to, or in lieu of, the sentence of fine for that offence; and
(c)
make regulations, not inconsistent with the provisions of this Part, to make further provisions for the manner in which a community work order may be carried out by an offender who may be required to work under the order made in relation to the offence prescribed under that subsection (including the imposition of additional requirements and the service of any instructions or notice on an offender in respect of whom such an order has been made).
(12) If, in respect of any offence —
(a)
a court sentences the offender to a fine in addition to making a community work order; and
(b)
the offender defaults on the payment of the whole or any part of the fine,
the offender shall serve the sentence under the community work order, unless it is earlier revoked, before serving any sentence of imprisonment in default of payment of the fine.
345. An offender in respect of whom a community work order is in force shall —
(a)
perform, for the number of hours specified in the order, such work and on such day and at such time and place as the community work officer may require;
(b)
notify the community work officer of any change of the offender’s address;
(c)
perform the community work in a satisfactory manner;
(d)
not disturb or interfere with any other person participating in or doing anything under a community work order;
(e)
not assault, threaten, insult or use abusive language to a community work officer;
(f)
comply with such other conditions which a court may impose under section 344(7); and
(g)
comply with any regulations made under section 344(11)(c).
346.
—(1) Subject to subsection (2), where an offender who is 16 years of age or above is convicted of an offence, and if the court by or before which he is convicted is satisfied that it is expedient with a view to his reformation that he makes amends to the community for the offence by performing such work as is specified in the Fifth Schedule, the court may make a community service order requiring him to perform any unpaid community service under the supervision of a community service officer.
(2) A court shall not make a community service order in respect of an offender unless the court is satisfied that —
(a)
based on the mental and physical condition of the offender, he is a suitable person to perform community service under such an order; and
(b)
suitable arrangements can be made for him to perform community service under such order.
(3) A court must, before making a community service order, call for a report from a community service officer regarding the suitability of an offender to perform community service under that order.
(4) For the avoidance of doubt, a court may make a community service order notwithstanding that the report from the community service officer states that the offender in respect of whom the community service order is to be made is not suitable to perform community service under that order.
(5) The number of hours which an offender has to perform community service under a community service order shall be specified in the order and shall not exceed the prescribed maximum hours of community service which the offender may be required to perform under that order.
(6) A court may impose such conditions as it thinks fit when making a community service order.
(7) Before making a community service order, the court shall explain to the offender in ordinary language —
(a)
the purpose and effect of the order (and in particular the obligations of the offender as specified in section 347);
(b)
the consequences which may follow if he fails to comply with any of those obligations, or any conditions imposed by the court under subsection (6); and
(c)
that the court has the power, under section 351, to vary or revoke the order on the application of the community service officer.
(8) Where a court makes community service orders in respect of 2 or more offences of which the offender has been convicted by or before the court, the court may direct that the hours of community service specified in any of those orders shall be concurrent with or additional to the hours specified in any of those orders, but so that the total number of hours which are not concurrent shall not exceed the maximum hours of community service which the offender may be required to perform under any one of those orders.
(9) The Minister charged with the responsibility for community development, youth and sports may —
(a)
appoint any person to be a community service officer for the purposes of this section;
(b)
prescribe the minimum and maximum hours of community service which an offender is required to perform under a community service order; and
(c)
make regulations, not inconsistent with the provisions of this Part, to make further provisions for the manner in which a community service order may be performed including the imposition of additional requirements and the service of any instructions or notice on an offender in respect of whom such an order has been made.
347. An offender in respect of whom a community service order is in force shall —
(a)
perform, for the number of hours specified in the order, such community service and on such day and at such time and place as the community service officer may require;
(b)
notify the community service officer of any change of the offender’s address or occupation;
(c)
perform the community service in a satisfactory manner;
(d)
not disturb or interfere with any other person participating in or doing anything under a community service order;
(e)
not assault, threaten, insult or use abusive language to a community service officer;
(f)
comply with such other conditions which a court may impose under section 346(6); and
(g)
comply with any regulations made under section 346(9)(c).
348.
—(1) Where an offender who is 16 years of age or above is convicted of an offence, and if the court by or before which he is convicted is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may make a short detention order requiring him to be detained in prison for a period which shall not exceed 14 days.
(2) Sections 317 and 318 shall apply to a short detention order as if the order were a sentence of imprisonment passed by the court.
349.
—(1) A court making any community order (other than a short detention order) under this Part may require the offender subject to the order, or any other person, to furnish such security or to give such undertaking as the court thinks fit in order to ensure that the offender subject to the order complies with the order.
(2) Any security shall be given in such form and manner as the court may determine and may be by bond, guarantee, cash deposit or any other method, or by any 2 or more different methods.
(3) Where a security bond is furnished under this section, the offender subject to the community order or any other person furnishing the security bond, as the case may be, shall comply with the conditions specified in the security bond.
350.
—(1) If the court is satisfied that the offender subject to a community order or any other person furnishing the security bond, as the case may be, has failed to comply with any condition specified in respect of any security bond furnished under section 349, the court may direct the forfeiture of the security or any part thereof.
(2) The forfeiture of any security under this section shall be without prejudice to the taking of proceedings against any person under this Part.
(3) Notice of the forfeiture of any security or any part thereof shall be given to the offender subject to a community order or any other person furnishing the security bond, as the case may be.
(4) It shall be sufficient if the notice under subsection (3) is sent by registered post to the last known address of the offender subject to the community order or such other person, as the case may be.
351.
—(1) Where a mandatory treatment order, day reporting order, community work order or community service order is in force in respect of an offender, a court may, on the application of the appointed psychiatrist, day reporting officer, community work officer or community service officer, respectively —
(a)
vary the order (including reducing or extending the period that the offender has to undergo psychiatric treatment, report to a day reporting officer or perform community work or community service) or the conditions or obligations thereof in such manner as the court thinks just and expedient in the circumstances; or
(b)
taking into account the extent to which the offender has complied with the order, revoke the order and impose such sentence which is provided for the offence or offences in respect of which the order has been made.
(2) Where a court varies a mandatory treatment order under subsection (1)(a) by extending the period the offender has to undergo psychiatric treatment under the order, the period so extended shall not exceed 24 months from the date the order is first in force.
(3) Where a court varies a day reporting order under subsection (1)(a) by extending the period the offender has to report to a day reporting officer under the order, the period so extended shall not exceed 12 months from the date the order is first in force.
(4) Where a court varies a community work order under subsection (1)(a) by extending the number of hours the offender has to perform community work under the order, the number of hours so extended shall not exceed the prescribed maximum hours of community work which the offender may be required to work under that order.
(5) Where a court varies a community service order under subsection (1)(a) by extending the period the offender is required to perform community service under the order, the period so extended shall not exceed the prescribed maximum hours of community service which the offender may be required to perform under that order.
(6) Where any application is made under subsection (1), the court may fix a hearing date to determine whether or not to vary or revoke the community order referred to in that subsection and may at any time —
(a)
issue a summons directing the offender subject to the community order to appear before the court on a date and at a time specified in the summons; or
(b)
where the court is satisfied that the offender may not appear, issue a warrant for the arrest of the offender.
(7) Where an offender served with a summons issued under subsection (6)(a) fails to attend before the court, the court may issue a warrant for the arrest of the offender.
(8) The court may vary or revoke a mandatory treatment order under subsection (1) on any of the following grounds:
(a)
there has been a change of circumstances since the order was made that would justify the variation or revocation of the order;
(b)
that in view of the progress the offender has made in the treatment, such variation or revocation is warranted.
(9) The court may vary or revoke a day reporting order, community work order or community service order under subsection (1) if such variation or revocation is justified by any change of circumstances since the order was made, or by the conduct of the offender who is subject to the order.
352.
—(1) An offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order if he fails, without reasonable excuse, to comply with any of his obligations under section 340, 343, 345 or 347, respectively.
(2) An offender is in breach of a short detention order if he commits an aggravated prison offence as defined in section 73 of the Prisons Act (Cap. 247) when there is in force in respect of him a short detention order.
(3) Where a court receives information from an appointed psychiatrist, a day reporting officer, a community work officer or a community service officer that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order, respectively, is in force, is in breach of the respective order, the court may fix a hearing date to determine whether the offender is in breach of a community order and may at any time —
(a)
issue a summons directing the offender to appear before the court on a date and at a time specified in the summons; or
(b)
where the court is satisfied that the offender may not appear, issue a warrant for the arrest of the offender.
(4) Where an offender served with a summons issued under subsection (3)(a) fails to attend before the court, the court may issue a warrant for the arrest of the offender.
(5) Subject to subsection (7), if it is proved to the satisfaction of a court that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order, the court may —
(a)
without prejudice to the continuance of the order —
(i)
issue a warning to the offender;
(ii)
vary the order (including reducing or extending the period that the offender has to undergo psychiatric treatment, report to a day reporting officer or perform community work or community service) or the conditions or obligations thereof in such manner as the court thinks just and expedient in the circumstances; or
(iii)
impose on him a fine not exceeding $1,000; or
(b)
taking into account the extent to which the offender has complied with the order, revoke the order and impose such sentence which is provided for the offence or offences in respect of which the order has been made.
(6) Where an offender is in breach of a short detention order, a court may, on the application of the Director of Prisons or any person authorised by the Director of Prisons, revoke the order and, taking into account the period the offender has been detained under that order, impose such sentence which is provided for the offence or offences in respect of which the order has been made.
(7) If it is proved to the satisfaction of a court that an offender in respect of whom a day reporting order, community work order or community service order is in force is in breach of the order, the court may, without prejudice to the continuance of the order, make an order for the offender to be detained in prison for a period which shall not exceed 14 days.
(8) Sections 317 and 318 shall apply to an order made under subsection (7) as if the order were a sentence of imprisonment passed by the court.
(9) Where a court varies a mandatory treatment order under subsection (5)(a)(ii) by extending the period the offender has to undergo psychiatric treatment under the order, the period so extended shall not exceed 24 months from the date the order is first in force.
(10) Where a court varies a day reporting order under subsection (5)(a)(ii) by extending the period the offender has to report to a day reporting officer under the order, the period so extended shall not exceed 12 months from the date the order is first in force.
(11) Where a court varies a community work order under subsection (5)(a)(ii) by extending the number of hours the offender has to perform community work under the order, the number of hours so extended shall not exceed the prescribed maximum hours of community work which the offender may be required to work under that order.
(12) Where a court varies a community service order under subsection (5)(a)(ii) by extending the period the offender is required to perform community service under the order, the period so extended shall not exceed the prescribed maximum hours of community service which the offender may be required to perform under that order.
(13) If it is proved to the satisfaction of a court that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order, and the offender is serving any other community order at the time of the breach —
(a)
the offender shall be deemed to be in breach of all the community orders; and
(b)
the court shall deal with the offender in accordance with subsection (5) in relation to the breach of each of those community orders.
353.
—(1) Where —
(a)
an offender, in respect of whom a community order is in force, is convicted, while the order is in force, of one or more offences committed before the date that the order is in force; and
(b)
the powers of a court to make community orders which are conferred by this Part are exercisable by the court in respect of that offence or those offences,
the court may make a community order in respect of that offence or those offences, or it may sentence him to any punishment which is prescribed for that offence or those offences.
(2) If instead of making a community order, a court sentences an offender in respect of whom a community order is in force to imprisonment under subsection (1), the offender shall thereafter be dealt with in accordance with section 354 as if he had been convicted and dealt with by a court for an offence or offences committed during the period when a community order is in force in respect of him.
(3) If instead of making a community order, a court sentences an offender in respect of whom a community order is in force to a fine under subsection (1) without imposing any term of imprisonment, the offender —
(a)
if he pays the fine amount, shall continue serving the sentence under the community order; or
(b)
if he defaults on paying the fine amount, shall continue serving the sentence under the community order before serving any sentence of imprisonment imposed by the court for the default.
(4) Where —
(a)
an offender, in respect of whom a community order is in force, is convicted, while the order is in force, of one or more offences committed before the date that the order is in force; and
(b)
the powers of a court to make community orders which are conferred by this Part are not exercisable by the court in respect of that offence or those offences,
the court shall sentence him to any punishment which is prescribed for that offence or those offences and he shall thereafter be dealt with in accordance with section 354 as if he had been convicted and dealt with by a court for an offence or offences committed during the period when a community order is in force in respect of him.
354.
—(1) If it appears to a judge to whom jurisdiction is granted under subsection (3) that an offender has been convicted by any court of one or more offences committed during the period when a community order is in force in respect of the offender, and has been dealt with in respect of that offence or those offences, the judge may fix a hearing date to determine if the offender has been so convicted and dealt with and may issue a summons requiring the offender to appear at the place and time specified therein, or may issue a warrant for his arrest.
(2) A Magistrate may not issue a warrant under subsection (1) except on information in writing.
(3) The following persons shall have jurisdiction for the purposes of subsection (1):
(a)
if the community order was made by the High Court, a Judge of the High Court;
(b)
if the community order was made by a District Court, a District Judge; and
(c)
if the community order was made by a Magistrate’s Court, a Magistrate.
(4) A summons or warrant issued under this section shall direct the offender so convicted to appear or be brought before the court which made the community order.
(5) If an offender in respect of whom a community order has been made by the High Court or District Court is convicted and dealt with by any Magistrate’s Court in respect of any offence or offences committed during the period when the community order is in force in respect of the offender, the Magistrate’s Court may commit him to custody or release him on bail (with or without sureties) until he can be brought or appears before the court by which the community order has been made; and if he does so the Magistrate’s Court shall send to the High Court or the District Court, as the case may be, a copy of the minute or memorandum of the conviction entered in the register, signed by the Magistrate.
(6) Where it is proved to the satisfaction of the court by which a community order has been made that the offender in respect of whom the community order has been made has been convicted and dealt with in respect of an offence or offences committed during the period when the community order is in force in respect of the offender, that court may, taking into account the extent to which the offender has complied with the order, revoke the order made and impose such sentence which is prescribed for the offence or offences in respect of which the order has been made.
(7) If an offender in respect of whom a community order has been made by a Magistrate’s Court is convicted before the High Court or a District Court or another Magistrate’s Court of an offence committed during the period when the community order is in force in respect of the offender, the High Court or the District Court or such other Magistrate’s Court (as the case may be) may, taking into account the extent to which the offender has complied with the order, revoke the order made and impose such sentence which is prescribed for the offence or offences in respect of which the order has been made.
PART XVIII
COMPENSATION AND COSTS
Order for payment of costs of prosecution against accused and order for payment of costs incurred by accused in his defence
355.
—(1) The court before which a person is convicted of an offence may, in its discretion and if satisfied that the defence of the person was conducted in an extravagant and unnecessary manner, order that person to pay a sum to be fixed by the court by way of costs of his prosecution.
(2) If an accused is acquitted of any charge for any offence, and if it is proved to the satisfaction of the court that the prosecution was frivolous or vexatious, the court may order the prosecution or the complainant or the person on whose information the prosecution was instituted to pay full costs, charges and expenses incurred by the accused in and for his defence, to be taxed by the Registrar of the Supreme Court or the Registrar of the Subordinate Courts, as the case may be.
(3) The court may direct that either an order for payment of costs under subsection (1) or an order for payment of compensation under section 359(1) be paid in priority to the other, and if no direction is given, the order for payment of costs takes priority over the order for payment of compensation.
356.
—(1) The Court of Appeal or the High Court in the exercise of its powers under Part XX may award costs to be paid by or to the parties as it thinks fit.
(2) Where the Court of Appeal or the High Court makes any order for costs to be paid by the prosecution to an accused, the Court must be satisfied that the conduct of the matter under Part XX by the prosecution was frivolous or vexatious.
(3) Where the Court of Appeal or the High Court makes any order for costs to be paid by an accused to the prosecution, the Court must be satisfied that the conduct of the matter under Part XX by the accused was done in an extravagant and unnecessary manner.
357.
—(1) Where it appears to a court that costs have been incurred unreasonably or improperly in any proceedings or have been wasted by a failure to conduct proceedings with reasonable competence and expedition, the court may make against any advocate whom it considers responsible (whether personally or through an employee or agent) an order —
(a)
disallowing the costs as between the advocate and his client; or
(b)
directing the advocate to repay to his client costs which the client has been ordered to pay to any person.
(2) No order under this section shall be made against an advocate unless he has been given a reasonable opportunity to appear before the court and show cause why the order should not be made.
359.
—(1) The court before which a person is convicted of any offence shall, after the conviction, consider whether or not to make an order for the payment by that person of a sum to be fixed by the court by way of compensation to the person injured, or his representative, in respect of his person, character or property by —
(a)
the offence or offences for which the sentence is passed; and
(b)
any offence that has been taken into consideration for the purposes of sentencing only.
(2) If the court is of the view that it is appropriate to make such an order referred to in subsection (1), it must do so.
(3) If an accused is acquitted of any charge for any offence, and if it is proved to the satisfaction of the court that the prosecution was frivolous or vexatious, the court may order the prosecution or the complainant or the person on whose information the prosecution was instituted to pay as compensation to the accused a sum not exceeding $10,000.
(4) Any order for compensation made under subsection (1) shall not affect any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order, but any claim by a person or his representative for civil damages in respect of the same injury arising from the offence, shall be deemed to have been satisfied to the extent of the amount paid to him under an order for compensation.
(5) The order for compensation made under subsection (3) shall not affect any right to a claim for civil damages for malicious prosecution or false imprisonment beyond the amount of compensation paid under the order, but any claim by the accused for civil damages in respect of the malicious prosecution or false imprisonment shall be deemed to have been satisfied to the extent of the amount paid to him under an order for compensation.
360.
—(1) Subject to the provisions of this Code, where any person is, under this Code, for any reason whatsoever, ordered to pay any sum of money by way of compensation, the court making the order may at any time before that sum has been paid in full, in its discretion, do all or any of the following things:
(a)
allow and extend time for the payment of that sum;
(b)
direct payment to be made of that sum by instalments;
(c)
order the attachment of any property, movable or immovable, belonging to the person —
(i)
by seizure;
(ii)
by appointing a receiver; or
(iii)
by directing any other person who owes money to the person to pay the court the amount of that debt due or accruing or the amount that is sufficient to pay off the compensation sum;
(d)
direct that in default of payment of the compensation sum, that person must suffer imprisonment for a certain term, which imprisonment must be consecutive with any other imprisonment to which he may be sentenced or to which he may be liable under a commutation of sentence;
(e)
direct that that person be searched, and that any money found on him when so searched or which, in the event of his being committed to prison, may be found on him when taken to prison, shall be applied towards the payment of that sum; the surplus, if any, being returned to him.
(2) Before allowing time for payment of any sum under subsection (1)(a) or directing payment of it to be made by instalments under subsection (1)(b), the court may require that person to execute a bond with or without sureties on condition that he pays that sum or the instalments, as the case may be, on the day or days directed; and if that sum or any instalment is not paid as ordered, then the whole of that sum remaining unpaid becomes due and payable and the court may issue a warrant for the person’s arrest.
(3) Any money found on a person under subsection (1)(e) shall not be so applied if the court is satisfied that the money does not belong to the person on whom it was found.
(4) The term for which the court directs that person to be imprisoned in default of payment of the compensation sum shall not exceed the following scale:
(a)
when the money to be paid does not exceed $50, the imprisonment may be for any term not exceeding 2 months;
(b)
when the money to be paid exceeds $50 but does not exceed $100, the imprisonment may be for any term not exceeding 4 months;
(c)
in any other case, the imprisonment may be for a term not exceeding 6 months.
(5) The imprisonment which the court imposes under this section shall terminate whenever the money is paid or levied by process of law.
(6) If before the end of the period of imprisonment imposed in default of payment of the compensation sum, such a proportion of the money is paid or levied that the time of imprisonment already suffered in default of payment of the compensation sum is at least equivalent to the part of the sum still unpaid, then the imprisonment must end.
(7) If the person fails to pay the court the amount which he is directed to pay under subsection (1)(c)(iii), it shall be recoverable as though it were a judgment debt due to the court.
361. Any order for costs made under this Part shall be recoverable as a judgment debt.
362.
—(1) Where the court, whether on its own motion or the Public Prosecutor’s application, considers that a person has shown unusual courage, diligence or effort in the arrest of a person accused of having committed, attempted or abetted an offence punishable with death or imprisonment, then the court may order payment to him out of the Consolidated Fund of a sum of not more than $500.
(2) If a person is killed in trying to arrest or to keep in lawful custody any accused referred to in subsection (1), the Minister may order payment from the Consolidated Fund to the wife, husband, parent or child of the deceased of such money as appears reasonable compensation for the death.
363. A court holding any inquiry or trial under this Code which is conducted by the Public Prosecutor or by any officer of a public body, may, at its discretion, order payment out of the Consolidated Fund to any of the witnesses of the expenses they have incurred individually in attending that court, and compensation for their trouble and loss of time, subject to such regulations as may be prescribed by the Minister.
PART XIX
DISPOSAL OF PROPERTY
364.
—(1) During or at the conclusion of any inquiry or trial under this Code, the court may make an order as it thinks fit for the disposal of any property produced before it.
(2) Subject to any provisions on forfeiture, confiscation, destruction or delivery in any other written law under which property may be seized, a court may, during or at the conclusion of any criminal proceeding under this Code, make an order as it thinks fit for the disposal of any property —
(a)
in respect of which an offence is or was alleged to have been committed or which has been used or is intended to have been used for the commission of any offence or which constitutes evidence of an offence; and
(b)
which is produced before the court or is in the court’s custody or the custody of a police officer or any other person who has seized the property pursuant to any law.
(3) If an order is made under this section in a case in which an ap