On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 24/08/2012.
PART XXII
MISCELLANEOUS
423. Subject to this Code, any judgment, sentence or order passed or made by a court of competent jurisdiction may not be reversed or altered on account of —
(a)
an error, omission or irregularity in the complaint, summons, warrant, charge, judgment or other proceedings before or during trial or in an inquiry or other proceeding under this Code;
(b)
the lack of any consent by the Public Prosecutor as required by law; or
(c)
the improper admission or rejection of any evidence,
unless the error, omission, improper admission or rejection of evidence, irregularity or lack of consent has caused a failure of justice.
424. Every person aware of the commission of or the intention of any other person to commit any arrestable offence punishable under Chapters VI, VII, VIII, XII and XVI of the Penal Code (Cap. 224) or under any of the following sections of the Penal Code:
Sections 161, 162, 163, 164, 170, 171, 211, 212, 216, 216A, 226, 270, 281, 285, 286, 382, 384, 385, 386, 387, 388, 389, 392, 393, 394, 395, 396, 397, 399, 400, 401, 402, 430A, 435, 436, 437, 438, 440, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 489A, 489B, 489C, 489D and 506,
shall, in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, immediately give information to the officer in charge of the nearest police station or to a police officer of the commission or intention.
425.
—(1) An attachment made under this Code shall not be considered unlawful, nor shall any person making it be considered to have done any wrong, on account of some defect or lack of form in the summons, conviction, order of attachment or other proceeding relating to it.
(2) The person referred to in subsection (1) shall not be considered to have done wrong from the start on account of any irregularity that he afterwards commits, but anyone wronged by the irregularity may take such proceedings in a civil court as he thinks fit to recover damages for any loss or harm he might have suffered.
426.
—(1) Any person (other than the Public Prosecutor) affected by any judgment, sentence or order made by a court may, on application to the court and upon payment of the prescribed fee, be furnished with a copy of any judgment, sentence, order, deposition or any other part of the record of proceedings.
(2) Notwithstanding subsection (1), an accused committed to stand trial in the High Court shall receive free of charge a copy of the depositions of the witnesses recorded by the Magistrate.
(3) The court may, if it thinks fit, waive the payment of any fee under this section.
(4) The Public Prosecutor may apply to the court and must be furnished, free of charge, with a copy of any judgment, sentence, order, deposition or any other part of the record of proceedings.
427.
—(1) The Minister may, by order published in the Gazette, amend any of the Schedules.
(2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient.
(3) Every order made under subsection (1) shall be presented to Parliament as soon as possible after publication in the Gazette.
428.
—(1) The Minister may make regulations for anything that is required, permitted or necessary for carrying out the purposes and provisions of this Code.
(2) Without prejudice to the generality of subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:
(a)
the rates or scales of payment of the expenses and compensation to be ordered under section 363 and concerning the payment of them;
(b)
the treatment, training and detention of persons sentenced to reformative training, corrective training or preventive detention, including any matter relating to the supervision of such persons when they are released from their places of detention;
(c)
any form which is to be used by any person in relation to any matter under this Code;
(d)
for carrying into effect the purposes of Division 2 of Part X;
(da)
in relation to documents being filed with, served on, delivered or otherwise conveyed to any court or any party to any criminal matter —
(i)
the establishment of any electronic filing service and any other matter which relates to the use or operation of the electronic filing service;
(ii)
the manner and form of any such filing, service, delivery or conveyance;
(iii)
the modification of such provisions of the Evidence Act (Cap. 97) as may be necessary for the purpose of facilitating the use in court of documents filed, served, delivered or conveyed using the electronic filing service;
(iv)
the burden of proof and rebuttable presumptions in relation to the identity and authority of the person filing, serving, delivering or conveying the documents by the use of the electronic filing service;
(v)
the authentication of documents filed, served, delivered or conveyed by the use of the electronic filing service; and
(vi)
the means by which particular facts may be proved, and the mode in which evidence thereof may be given, in any proceedings which involve the use or operation of the electronic filing service;
(e)
the prescribing of anything that is required or permitted to be prescribed under this Code.
[2/2012]
429.
—(1) This Code shall not affect —
(a)
any inquiry, trial or other proceeding commenced or pending under the repealed Code before 2nd January 2011, and every such inquiry, trial or other proceeding may be continued and everything in relation thereto may be done in all respects after that date as if this Code had not been enacted; and
(b)
any further proceedings which may be taken under the repealed Code in respect of any inquiry, trial or other proceeding which has commenced or is pending before 2nd January 2011, and such further proceedings may be taken and everything in relation thereto may be done in all respects after that date as if this Code had not been enacted.
(2) Any application, authorisation, consent, direction, fiat, instruction, order, requirement or sanction of the Public Prosecutor given or made under the repealed Code before 2nd January 2011 and which remains in force or which is not complied with before that date shall be treated as if it were an application, authorisation, consent, direction, fiat, instruction, order or requirement of the Public Prosecutor given or made under the corresponding provisions of this Code.
(3) Any summons, warrant or requisition issued by a court under the repealed Code before 2nd January 2011 and which has not been complied with or executed before that date shall be treated as if it were a summons, warrant or requisition, as the case may be, issued under the corresponding provisions of this Code.
(4) Any proclamation published by a court under section 51 of the repealed Code shall be treated as if it were a proclamation published under section 88.
(5) Any authorisation given by the Commissioner of Police under section 70 of the repealed Code which is not acted on before 2nd January 2011 shall be treated as if it were an authorisation of the Commissioner of Police given under section 33.
(6) Any written order of a police officer under section 58 of the repealed Code which is not complied with before 2nd January 2011 shall be treated as if it were a written order of a police officer under section 20.
(7) Any order of a police officer under section 120 of the repealed Code which is not complied with before 2nd January 2011 shall be treated as if it were an order of a police officer under section 21.
(8) Any requisition made by a police officer or authorised person under section 125A or 125B of the repealed Code before 2nd January 2011 which is not complied with before that date shall be deemed to be a requisition made by a police officer or an authorised person under section 39 or 40, respectively.
(9) Any plea of guilty by letter under section 137 of the repealed Code which is not dealt with by a court before 2nd January 2011 shall be treated as if it were a plea of guilty by letter under section 154 and that provision shall apply accordingly to the plea of guilty.
(10) Any plea of guilty under section 137A of the repealed Code which is not dealt with by a court before 2nd January 2011 shall be treated as if it were a plea of guilty under section 226 and that provision shall apply accordingly to the plea of guilty.
(11) Any bond executed by any person under the repealed Code before 2nd January 2011 and which remains in force on or after that date shall be treated as if it were a bond executed under the corresponding provisions of this Code.
(12) Any person who is subject to the supervision of the police under section 11 of the repealed Code shall be treated as if he were a person subject to police supervision under section 309 of this Code.
(13) Any information received or recorded under section 115 of the repealed Code which is not dealt with in accordance with the provisions of the repealed Code before 2nd January 2011 shall be treated as if the information were received or recorded under section 14 and the police shall deal with the matter in accordance with the provisions of this Code.
(14) Any complaint which is received by a Magistrate before 2nd January 2011 and which is not disposed of before that date, shall be treated as if it were a complaint received by a Magistrate under this Code and the provisions of this Code shall, with the necessary modifications, apply in relation to the complaint.
(15) Any offence which is to be compounded under section 199A of the repealed Code and which is not so compounded before 2nd January 2011 shall be treated as an offence which is to be compounded under section 243 of this Code.
(16) Notwithstanding any other provisions in this Code, Part XIX shall, with the necessary modifications, apply to any property seized under the provisions of the repealed Code and which is not reported or disposed of in accordance with Chapter XXXVIII of the repealed Code.
(17) Where any period of time specified in any provision in the repealed Code is current immediately before 2nd January 2011, this Code shall have effect as if the corresponding provision in this Code had been in force when the period began to run; and (without prejudice to the foregoing) any period of time so specified and current shall be deemed for the purposes of this Code —
(a)
to run from the day or event from which it was running immediately before 2nd January 2011; and
(b)
to expire (subject to any provision of this Code for its extension) whenever it would have expired if this Code had not been enacted,
and any rights, priorities, liabilities, reliefs, obligations, requirements, powers, duties or exemptions dependent on the beginning, duration or end of such a period as abovementioned shall be under this Code as they were or would have been under that provision in the repealed Code.
(18) Any subsidiary legislation made under the repealed Code and in force immediately before 2nd January 2011 shall, so far as it is not inconsistent with the provisions of this Code, continue to be in force as if made under this Code until it is revoked or repealed by subsidiary legislation made under this Code.
(19) In so far as it is necessary for preserving the effect of any written law, any reference in such written law to a seizable offence or a non-seizable offence shall be construed, respectively, as a reference to an arrestable offence or a non-arrestable offence under this Code.
(20) Where in any written law reference is made to the sanction of the Public Prosecutor or a Deputy Public Prosecutor, such reference shall be read as a reference to the consent of the Public Prosecutor or a Deputy Public Prosecutor.
(21) In any written law or document in which a reference is made to the repealed Code, such reference shall be read as a reference to this Code.
(22) Where before 2nd January 2011 any inquiry is held under Chapter XXX of the repealed Code and has not been concluded immediately before that date, the inquiry may continue in accordance with the provisions under the repealed Code relating to such inquiry as if this Code had not been enacted.
(23) For a period of 2 years after 2nd January 2011, the Minister may, by regulations, prescribe such additional provisions of a savings or transitional nature consequent on the repeal of the repealed Code as he may consider necessary or expedient.