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Contents  

Long Title

Part I PRELIMINARY

Part II OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES

Part III EVIDENCE, ENFORCEMENT AND PUNISHMENT

Part IV TREATMENT AND REHABILITATION

Part V TAKING OF PHOTOGRAPHS, FINGER IMPRESSIONS, PARTICULARS AND BODY SAMPLES

Part VI COMMITTEE OF INQUIRY

Part VII GENERAL

FIRST SCHEDULE Controlled Drugs

SECOND SCHEDULE Offences Punishable on Conviction

THIRD SCHEDULE Controlled equipment, materials or substances useful for manufacturing controlled drugs

FOURTH SCHEDULE Specified Drugs

FIFTH SCHEDULE Temporarily listed drugs

Legislative History

Comparative Table

Comparative Table

 
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PART III
EVIDENCE, ENFORCEMENT AND PUNISHMENT
Certificate of corresponding law
15.
—(1)  A document purporting to be issued by or on behalf of the government of a country outside Singapore and purporting to state the terms of a corresponding law in force in that country shall be admitted in evidence, in any proceedings for an offence under this Act, on its production by the prosecution without further proof.
(2)  Such document shall be conclusive evidence that —
(a)
it is issued by or on behalf of the government of that country;
(b)
the terms of that law are as stated in the document; and
(c)
any fact stated in the document as constituting an offence under that law does constitute such offence.
Certificate of analyst, etc.
16.  A certificate purporting —
(a)
to be signed by —
(i)
an analyst employed by the Health Sciences Authority; or
(ii)
such other person as the Minister may, by notification in the Gazette, appoint; and
(b)
to relate to a controlled drug or controlled substance,
shall be admitted in evidence, in any proceedings for an offence under this Act, on its production by the prosecution without proof of signature and, until the contrary is proved, shall be proof of all matters contained therein.
[2/2006]
Presumption concerning trafficking
17.  Any person who is proved to have had in his possession more than —
(a)
100 grammes of opium;
(b)
3 grammes of morphine;
(c)
2 grammes of diamorphine;
(d)
15 grammes of cannabis;
(e)
30 grammes of cannabis mixture;
(f)
10 grammes of cannabis resin;
(g)
3 grammes of cocaine;
(h)
25 grammes of methamphetamine;
(ha)
113 grammes of ketamine; or
(i)
10 grammes of any or any combination of the following:
(i)
N, α-dimethyl-3,4-(methylenedioxy)phenethylamine;
(ii)
α-methyl-3,4-(methylenedioxy)phenethylamine; or
(iii)
N-ethyl-α-methyl-3,4-(methylenedioxy)phenethylamine,
whether or not contained in any substance, extract, preparation or mixture, shall be presumed to have had that drug in possession for the purpose of trafficking unless it is proved that his possession of that drug was not for that purpose.
[38/89; 40/93; 20/98; 2/2006]
Presumption of possession and knowledge of controlled drugs
18.
—(1)  Any person who is proved to have had in his possession or custody or under his control —
(a)
anything containing a controlled drug;
(b)
the keys of anything containing a controlled drug;
(c)
the keys of any place or premises or any part thereof in which a controlled drug is found; or
(d)
a document of title relating to a controlled drug or any other document intended for the delivery of a controlled drug,
shall, until the contrary is proved, be presumed to have had that drug in his possession.
(2)  Any person who is proved or presumed to have had a controlled drug in his possession shall, until the contrary is proved, be presumed to have known the nature of that drug.
(3)  The presumptions provided for in this section shall not be rebutted by proof that the accused never had physical possession of the controlled drug.
(4)  Where one of 2 or more persons with the knowledge and consent of the rest has any controlled drug in his possession, it shall be deemed to be in the possession of each and all of them.
Presumption concerning premises
19.
—(1)  Where a pipe, syringe, utensil, apparatus or other article intended for the smoking, administration or consumption of a controlled drug is found in any place or premises, it shall be presumed, until the contrary is proved, that the place or premises is used for the purpose of smoking, administering or consuming a controlled drug.
(2)  Any person found in or escaping from any place or premises which is proved or presumed to be used for the purpose of smoking or administering a controlled drug shall, until the contrary is proved, be presumed to have been smoking or administering a controlled drug in that place or premises.
Presumption relating to ship or aircraft
20.  If any controlled drug is found in any ship or aircraft, it shall be presumed, until the contrary is proved, that the drug has been imported in that ship or aircraft with the knowledge of the master or the captain thereof.
Presumption relating to vehicle
21.  If any controlled drug is found in any vehicle, it shall be presumed, until the contrary is proved, to be in the possession of the owner of the vehicle and of the person in charge of the vehicle for the time being.
Presumption relating to urine test
22.  If any controlled drug is found in the urine of a person as a result of both urine tests conducted under section 31(4)(b), he shall be presumed, until the contrary is proved, to have consumed that controlled drug in contravention of section 8(b).
[49/75; 38/89; 2/2006]
Protection of informers
23.
—(1)  Except as provided in subsection (3) —
(a)
no information for an offence under this Act shall be admitted in evidence in any civil or criminal proceedings; and
(b)
no witness in any civil or criminal proceedings shall be obliged —
(i)
to disclose the name and address of any informer who has given information with respect to an offence under this Act; or
(ii)
to answer any question if the answer thereto would lead, or would tend to lead, to the discovery of the name or address of the informer.
(2)  If any book, document or paper which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to his discovery, the court shall cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.
(3)  If —
(a)
in any proceedings before a court for an offence under this Act, the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which he knew or believed to be false or did not believe to be true; or
(b)
in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties thereto without the disclosure of the name of an informer,
the court may permit inquiry and require full disclosure concerning the informer.
Powers of search and seizure
24.
—(1)  Any officer of the Bureau, police officer not below the rank of Assistant Superintendent of Police or any police officer authorised by him or any senior officer of customs may at any time —
(a)
without a warrant enter and search any place or premises in which he reasonably suspects that there is to be found —
(i)
any controlled drug, controlled substance, drug specified in the Fifth Schedule, substance containing any drug specified in the Fifth Schedule or article liable to seizure; or
[Act 30 of 2012 wef 01/05/2013]
(ii)
a person who has committed or is reasonably suspected to have committed any offence under this Act or any seizable offence under the regulations;
(b)
search any person found in that place or premises; and
(c)
seize and detain any controlled drug, controlled substance, drug specified in the Fifth Schedule or substance containing any drug specified in the Fifth Schedule, which is found in that place or premises, or any article liable to seizure.
[20/98]
[Act 30 of 2012 wef 01/05/2013]
(2)  For the purpose of exercising his power under this section, an officer may, with such assistance as he considers necessary, break open any door, window, lock, fastener, floor, wall, ceiling, compartment, box, container or any other thing.
(3)  Notwithstanding subsection (1), if the use of any drug specified in the Fifth Schedule or any substance containing such drug at any place or premises searched under that subsection is authorised by the Director, that drug or substance shall not be liable to seizure under that subsection.
[Act 30 of 2012 wef 01/05/2013]
Powers of arrest
25.
—(1)  Any officer of the Bureau, police officer, officer of customs, or special police officer or member of the Vigilante Corps authorised in writing by a police officer not below the rank of Assistant Superintendent of Police, may arrest and search without a warrant any person who has committed or whom he reasonably suspects to have committed an offence under this Act or a seizable offence under the regulations.
[12/77; 20/98]
(2)  Any person arrested under subsection (1) shall, together with any controlled drug, controlled substance or article liable to seizure, be taken to the Central Narcotics Bureau, a police station or a customs station and may be searched.
[49/75; 20/98]
(3)  No woman shall be searched under this Act except by another woman.
(4)  An officer making an arrest under this section may seize and detain any controlled drug, controlled substance or article liable to seizure.
[20/98]
Power to search ship, hovercraft, aircraft, vehicle or train and person arriving in or departing from Singapore
26.
—(1)  Any officer of the Bureau, police officer or officer of customs may —
(a)
stop, board and search any ship, hovercraft, aircraft, vehicle or train if he has reason to suspect that there is therein any controlled drug in contravention of this Act, controlled substance, drug specified in the Fifth Schedule, substance containing any drug specified in the Fifth Schedule or any article liable to seizure;
[Act 30 of 2012 wef 01/05/2013]
(b)
search any person in that ship, hovercraft, aircraft, vehicle or train; and
(c)
search any person arriving in Singapore or about to depart from Singapore.
[20/98]
(2)  An officer may seize and detain —
(a)
any controlled drug, controlled substance, drug specified in the Fifth Schedule, substance containing any drug specified in the Fifth Schedule or article liable to seizure as a result of any search under this section; and
[Act 30 of 2012 wef 01/05/2013]
(b)
any ship, hovercraft, aircraft, vehicle or train which has been used in the commission of or in connection with an offence under this Act.
[20/98]
(3)  Notwithstanding subsection (2), if the use of any drug specified in the Fifth Schedule or any substance containing such drug onboard any ship, hovercraft, aircraft, vehicle or train or by any person searched under that subsection is authorised by the Director, that drug or substance shall not be liable to seizure under that subsection.
[Act 30 of 2012 wef 01/05/2013]
Forfeiture of controlled drugs, controlled substances and articles seized
27.
—(1)  Where anything is seized under this Act, the officer who carried out the seizure shall immediately give notice in writing of the seizure to the owner of that thing, if known, either by delivering the notice to him personally or by post at his place of residence, if known.
(2)  The notice under subsection (1) shall not be required to be given where the seizure is made in the presence of the offender or the owner or his agent, or in the case of a ship or an aircraft, in the presence of the master or captain thereof.
(3)  An order for the forfeiture of any controlled drug, controlled substance or article shall be made if it is proved to the satisfaction of a court that an offence under this Act has been committed and that such drug, substance or article was the subject matter of or was used in the commission of the offence notwithstanding that no person may have been convicted of that offence.
[20/98]
(4)  If there is no prosecution with regard to any controlled drug, controlled substance or article seized under this Act, that drug, substance or article shall be deemed to be forfeited at the expiration of one month from the date of the seizure thereof unless a claim thereto has been made before that date in such manner as may be prescribed.
[20/98]
(5)  Any drug specified in the Fifth Schedule or any substance containing such drug shall be deemed to be forfeited at the expiration of one month after the date of the seizure thereof unless a claim thereto has been made before that date in such manner as may be prescribed.
[Act 30 of 2012 wef 01/05/2013]
Forfeiture of ship, hovercraft, aircraft or vehicle
28.
—(1)  Where a person has been convicted of an offence under this Act, the court may order to be forfeited to the Government any ship, hovercraft or aircraft which has been proved to have been used in any manner in connection with the offence.
[20/98]
(2)  Where a person has been convicted of an offence under this Act, the court shall, upon the application of the Public Prosecutor, order to be forfeited to the Government any vehicle which has been proved to have been used in any manner in connection with the offence.
[20/98]
(3)  This section shall not apply to any ship or hovercraft of more than 200 tons net or to any aircraft belonging to any person carrying on a regular passenger service to and from Singapore by means of that aircraft.
(4)  No ship, hovercraft, aircraft or vehicle shall be forfeited under this section if it is established by the owner thereof that the ship, hovercraft, aircraft or vehicle was unlawfully in the possession of another person without the consent of the owner.
Disposal of things forfeited
29.
—(1)  All things which are forfeited to the Government under this Act shall be disposed of in such manner as the Minister thinks fit.
(2)  The Minister may, in his discretion and after any proceedings under this Act are concluded, entertain and give effect to any claim to or in respect of anything which has been forfeited to the Government.
Obstruction of inspection or search
30.
—(1)  It shall be an offence for a person to —
(a)
obstruct any officer of the Bureau, police officer, officer of customs or other public officer in the exercise of any power under this Act;
(b)
fail to comply with any lawful requirement of any officer of the Bureau, police officer, officer of customs or other public officer in the execution of his duty under this Act;
(c)
fail, without reasonable excuse, to furnish such information in his possession as may be required by any officer of the Bureau, police officer, officer of customs or other public officer; or
(d)
furnish to any officer of the Bureau, police officer, officer of customs or other public officer any information which he knows or has reason to believe to be false.
[12/77]
(2)  In subsection (1), “public officer” includes any special police officer or member of the Vigilante Corps exercising any power under section 25.
[12/77]
Urine tests
31.
—(1)  Any officer of the Bureau, immigration officer or police officer not below the rank of sergeant may, if he reasonably suspects any person to have committed an offence under section 8(b), require that person to provide a specimen of his urine for urine tests to be conducted under this section.
[12/77; 38/89]
(2)  A person who fails, without reasonable excuse, to provide a specimen of his urine within such time as may be required by any of the officers referred to in subsection (1) shall be guilty of an offence.
[12/77]
(3)  Any person (other than a citizen of Singapore or a permanent resident) arriving in Singapore by land, sea or air who —
(a)
fails to comply with the requirement of an immigration officer under this section; or
(b)
is found as a result of urine tests conducted under subsection (4)(a) or (b) to have consumed a controlled drug,
may be prohibited from entering or remaining in Singapore.
[38/89; 2/2006]
(4)  A specimen of urine provided under this section shall be divided into 3 parts and dealt with, in such manner and in accordance with such procedure as may be prescribed, as follows:
(a)
a preliminary urine test shall be conducted on one part of the urine specimen; and
(b)
each of the remaining 2 parts of the urine specimen shall be marked and sealed and a urine test shall be conducted on each part by a different person, being either an analyst employed by the Health Sciences Authority or any person as the Minister may, by notification in the Gazette, appoint for such purpose.
[2/2006]
(5)  Notwithstanding subsection (4), where upon conducting any preliminary urine test under subsection (4)(a), a part of a urine specimen has tested negative for controlled drugs, any of the officers referred to in subsection (1) may either discard the remaining 2 parts of the same urine specimen or proceed in accordance with subsection (4)(b).
[Act 30 of 2012 wef 01/05/2013]
(6)  A certificate stating the result of a urine test shall be signed by an analyst employed by the Health Sciences Authority or any other person that the Minister, by notification in the Gazette, appoints for such purpose.
[Act 30 of 2012 wef 01/05/2013]
(7)  The certificate stating the result of a urine test may be signed by an analyst or person appointed under subsection (6) notwithstanding that he did not personally conduct the test to analyse the urine specimen as long as the test was conducted by another person acting under his direction.
[Act 30 of 2012 wef 01/05/2013]
(8)  In this section, a specimen of urine may be collected from a person on different occasions within the time referred to in subsection (2).
[Act 30 of 2012 wef 01/05/2013]
Hair tests
31A.
—(1)  Any officer of the Bureau, immigration officer or police officer not below the rank of sergeant may, if he reasonably suspects any person to have committed an offence under section 8(b), require that person to provide specimens of his hair for a hair test to be conducted under this section.
(2)  A person who fails, without reasonable excuse, to provide specimens of his hair of such type and quantity as may be required by any of the officers referred to in subsection (1) shall be guilty of an offence.
(3)  All specimens of hair provided under this section shall be marked and sealed for hair testing in accordance with the prescribed procedure.
(4)  A certificate stating the result of a hair test shall be signed by an analyst employed by the Health Sciences Authority or any other person that the Minister, by notification in the Gazette, appoints for such purpose.
(5)  The certificate stating the result of a hair test may be signed by an analyst or person appointed under subsection (4) notwithstanding that he did not personally conduct the test to analyse the specimens of hair as long as the test was conducted by another person acting under his direction.
[Act 30 of 2012 wef 01/05/2013]
Power of investigation of officers of Bureau
32.
—(1)  In any case relating to the commission of an offence under this Act, an officer of the Bureau shall have all the powers of a police officer under the Criminal Procedure Code (Cap. 68) in relation to an investigation into a seizable offence.
[49/75; 20/98]
(1A)  Where any search is conducted by an officer of the Bureau under section 24 or 26 in relation to a drug specified in the Fifth Schedule or any substance containing such drug, the officer may examine orally any person found within the place searched and section 22 of the Criminal Procedure Code shall apply, with the necessary modifications, to any statement made by any person so examined.
[Act 30 of 2012 wef 01/05/2013]
(2)  In any case relating to the commission of an offence under the regulations —
(a)
where the offence is seizable, an officer of the Bureau shall have all the powers of a police officer under the Criminal Procedure Code in relation to an investigation into a seizable offence; and
(b)
where the offence is non-seizable, an officer of the Bureau shall have all the powers of a police officer under the Criminal Procedure Code in relation to an investigation into a non-seizable offence.
[20/98]
(3)  For the purposes of subsections (1) and (2)(a), when an officer of the Bureau is exercising the powers of a police officer under the Criminal Procedure Code 2010, the officer of the Bureau shall be deemed to be an officer not below the rank of inspector of police.
[15/2010 wef 02/01/2011]
Officer of Bureau to be armed
32A.  Every officer of the Bureau shall be provided with such staves, arms, ammunition and other accoutrements as may be necessary for the effective discharge of his duties.
[2/2006]
Punishment for offences
33.
—(1)  Except as provided in subsection (4), (4A), (4B) or (4C) or under section 33A, the Second Schedule shall have effect, in accordance with subsections (2) and (3), with respect to the way in which offences under this Act are punishable on conviction.
[12/77; 20/98]
[Act 30 of 2012 wef 01/05/2013]
(2)  In relation to an offence under any provision of this Act specified in the first column of the Second Schedule (the general nature of the offence being described in the second column thereof) —
(a)
the third, fourth and fifth columns show, respectively, the punishments to be imposed on a person convicted of the offence according to whether the controlled drug in relation to which the offence was committed was a Class A drug, a Class B drug or a Class C drug, except as otherwise provided in paragraph (b);
(b)
the sixth column shows the punishments to be imposed on a person convicted of the offence where the offence was committed —
(i)
in the case of unauthorised manufacture, in relation to such specified controlled drug as is mentioned in the second column; and
(ii)
in the case of unauthorised traffic or import or export, in relation to a specified quantity of such controlled drug or to a controlled drug (except opium) containing such quantity of morphine or diamorphine as is mentioned in the second column; and
(c)
the seventh column shows the punishments to be imposed on a person convicted of the offence whether or not the offence was committed in relation to a controlled drug and, if it was so committed, irrespective of the nature of the drug.
(3)  In the third, fourth, fifth, sixth and seventh columns of the Second Schedule, a reference to a period gives the maximum or minimum term of imprisonment as is specified, a reference to a sum of money gives the maximum or minimum fine as is specified, and a reference to a number of strokes gives the number of strokes of caning with which the offender shall, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, be punished.
[15/2010 wef 02/01/2011]
[49/75]
(4)  If any person convicted of an offence under section 8(b) or 31(2) is again convicted of an offence under section 8(b) or 31(2), he shall on conviction be punished with imprisonment for a term of not less than 3 years unless he is punished under section 33A for that same offence.
[20/98]
(4A)  Where —
(a)
any person is convicted of an offence under section 5(1) or 7; and
(b)
that person is again convicted of an offence under section 5(1) or 7,
that person so convicted shall be punished with —
(i)
in relation to a Class A drug —
(A)
imprisonment for a term of not less than 10 years and not more than 30 years; and
(B)
not less than 10 strokes and not more than 15 strokes of the cane;
(ii)
in relation to a Class B drug —
(A)
imprisonment for a term of not less than 6 years and not more than 30 years; and
(B)
not less than 6 strokes and not more than 15 strokes of the cane; and
(iii)
in relation to a Class C drug —
(A)
imprisonment for a term of not less than 4 years and not more than 20 years; and
(B)
not less than 4 strokes and not more than 15 strokes of the cane.
[Act 30 of 2012 wef 01/05/2013]
(4B)  If a person of or above the age of 21 years is convicted of an offence under section 5(1) or 7 and the intended recipient of the controlled drug which is, or is to be, trafficked is a young person or a vulnerable person, that person so convicted shall be punished with —
(a)
in relation to a Class A drug —
(i)
imprisonment for a term of not less than 10 years and not more than 30 years; and
(ii)
not less than 10 strokes and not more than 15 strokes of the cane;
(b)
in relation to a Class B drug —
(i)
imprisonment for a term of not less than 6 years and not more than 30 years; and
(ii)
not less than 6 strokes and not more than 15 strokes of the cane; and
(c)
in relation to a Class C drug —
(i)
imprisonment for a term of not less than 4 years and not more than 20 years; and
(ii)
not less than 4 strokes and not more than 15 strokes of the cane.
[Act 30 of 2012 wef 01/05/2013]
(4C)  If a person of or above the age of 21 years is convicted of an offence under section 11A (Arranging or planning gatherings where controlled drugs are to be consumed or trafficked) and the gathering consists of any young person or vulnerable person, that person so convicted shall be punished with —
(a)
imprisonment for a term of not less than 5 years and not more than 20 years; and
(b)
not less than 3 strokes and not more than 10 strokes of the cane.
[Act 30 of 2012 wef 01/05/2013]
(4D)  The punishment provided under subsection (4A) or (4B) in relation to an offence shall apply only if the punishment as shown in the sixth column of the Second Schedule is not applicable in relation to that offence.
[Act 30 of 2012 wef 01/05/2013]
(5)  In subsection (4), “convicted of an offence” includes a conviction by a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act (Cap. 295).
[38/89]
Punishment for repeat consumption of specified drugs
33A.
—(1)  Where a person who has not less than —
(a)
2 previous admissions;
(b)
2 previous convictions for consumption of a specified drug under section 8(b);
(c)
2 previous convictions for an offence of failure to provide a urine specimen under section 31(2);
(d)
one previous admission and one previous conviction for consumption of a specified drug under section 8(b);
(e)
one previous admission and one previous conviction for an offence of failure to provide a urine specimen under section 31(2); or
(f)
one previous conviction for consumption of a specified drug under section 8(b) and one previous conviction for an offence of failure to provide a urine specimen under section 31(2),
is convicted of an offence under section 8(b) for consumption of a specified drug or an offence of failure to provide a urine specimen under section 31(2), he shall on conviction be punished with —
(i)
imprisonment for a term of not less than 5 years and not more than 7 years; and
(ii)
not less than 3 strokes and not more than 6 strokes of the cane.
[20/98]
(2)  Where a person who has been punished under subsection (1) is again convicted of an offence for consumption of a specified drug under section 8(b) or an offence of failure to provide a urine specimen under section 31(2), he shall on conviction be punished with —
(a)
imprisonment of not less than 7 years and not more than 13 years; and
(b)
not less than 6 strokes and not more than 12 strokes of the cane.
[20/98]
(3)  A certificate purporting to be signed by an officer authorised in writing by the Commissioner of Prisons and purporting to relate to a person’s previous admission to an approved institution under this Act shall be admissible in evidence in any proceedings under this section, on its production by the prosecution without proof of signature; and, until the contrary is proved, that certificate shall be evidence of all matters contained therein.
[20/98]
(4)  A certificate purporting to be signed by the Registrar for the subordinate military courts or for the Military Court of Appeal appointed under section 82(5) of the Singapore Armed Forces Act (Cap. 295) shall be admissible in evidence, in any proceedings under this section, on its production by the prosecution without proof of signature; and, until the contrary is proved, that certificate shall be evidence of a person’s previous conviction by a subordinate military court or the Military Court of Appeal.
[20/98]
(5)  For the purposes of this section —
(a)
a conviction under section 8(b) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act at —
(i)
any time on or after 1st October 1992 but before the relevant date for the consumption of a controlled drug which, on the date of any subsequent conviction, is specified in the Fourth Schedule; or
(ii)
any time on or after the relevant date for the consumption of a specified drug,
shall be deemed to be a previous conviction for consumption of a specified drug under section 8(b);
(b)
a conviction under section 31(2) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act at any time on or after 1st October 1992 shall be deemed to be a previous conviction for an offence of failure to provide a urine specimen under section 31(2);
(c)
“admission” means an admission under section 34(2) to an approved institution at —
(i)
any time on or after 1st October 1992 but before the relevant date for the consumption of a controlled drug which, on the date of any subsequent conviction, is specified in the Fourth Schedule; or
(ii)
any time on or after the relevant date for the consumption of a specified drug;
(d)
“relevant date” —
(i)
in relation to a conviction or admission for consumption of diamorphine, morphine or opium, means 20th July 1998; and
(ii)
in relation to a conviction or admission for consumption of any drug added to the Fourth Schedule after 20th July 1998, means the date on which the amendment to that Schedule for the inclusion of such drug commences.
[2/2006]
Discretion of court not to impose sentence of death in certain circumstances
33B.
—(1)  Where a person commits or attempts to commit an offence under section 5(1) or 7, being an offence punishable with death under the sixth column of the Second Schedule, and he is convicted thereof, the court —
(a)
may, if the person satisfies the requirements of subsection (2), instead of imposing the death penalty, sentence the person to imprisonment for life and, if the person is sentenced to life imprisonment, he shall also be sentenced to caning of not less than 15 strokes; or
(b)
shall, if the person satisfies the requirements of subsection (3), instead of imposing the death penalty, sentence the person to imprisonment for life.
(2)  The requirements referred to in subsection (1)(a) are as follows:
(a)
the person convicted proves, on a balance of probabilities, that his involvement in the offence under section 5(1) or 7 was restricted —
(i)
to transporting, sending or delivering a controlled drug;
(ii)
to offering to transport, send or deliver a controlled drug;
(iii)
to doing or offering to do any act preparatory to or for the purpose of his transporting, sending or delivering a controlled drug; or
(iv)
to any combination of activities in sub-paragraphs (i), (ii) and (iii); and
(b)
the Public Prosecutor certifies to any court that, in his determination, the person has substantively assisted the Central Narcotics Bureau in disrupting drug trafficking activities within or outside Singapore.
(3)  The requirements referred to in subsection (1)(b) are that the person convicted proves, on a balance of probabilities, that —
(a)
his involvement in the offence under section 5(1) or 7 was restricted —
(i)
to transporting, sending or delivering a controlled drug;
(ii)
to offering to transport, send or deliver a controlled drug;
(iii)
to doing or offering to do any act preparatory to or for the purpose of his transporting, sending or delivering a controlled drug; or
(iv)
to any combination of activities in sub-paragraphs (i), (ii) and (iii); and
(b)
he was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his mental responsibility for his acts and omissions in relation to the offence under section 5(1) or 7.
(4)  The determination of whether or not any person has substantively assisted the Central Narcotics Bureau in disrupting drug trafficking activities shall be at the sole discretion of the Public Prosecutor and no action or proceeding shall lie against the Public Prosecutor in relation to any such determination unless it is proved to the court that the determination was done in bad faith or with malice.
[Act 30 of 2012 wef 01/01/2013]