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Contents  

Long Title

Enacting Formula

Part I PRELIMINARY

Part II CRIMINAL JURISDICTION OF SUBORDINATE COURTS

Part III POWERS OF ATTORNEY-GENERAL AND PUBLIC PROSECUTOR

Part IV INFORMATION TO POLICE AND POWERS OF INVESTIGATION

Division 1 — Duties of police officer on receiving information about offences

Division 2 — Search and seizure

Part V PREVENTION OF OFFENCES

Division 1 — Security for keeping peace and for good behaviour

Division 2 — Proceedings following order to provide security

Division 3 — Unlawful assemblies

Division 4 — Preventive action of police

Part VI ARREST AND BAIL AND PROCESSES TO COMPEL APPEARANCE

Division 1 — Arrest without warrant

Division 2 — Arrest with warrant

Division 3 — General provisions for arrests with or without warrant

Division 4 — Proclamation and attachment

Division 5 — Bails and bonds

Division 6 — Notice to attend court and bonds to appear in court

Division 7 — Surrender of travel document and requirement to remain in Singapore

Division 8 — Summons to appear in court

Part VII THE CHARGE

Part VIII INITIATION OF CRIMINAL PROCEEDINGS AND COMPLAINT TO MAGISTRATE

Part IX PRE-TRIAL PROCEDURES IN THE SUBORDINATE COURTS

Division 1 — General matters

Division 2 — Criminal case disclosure procedures

Division 3 — Non-compliance with Division 2

Division 4 — Where criminal case disclosure procedures do not apply

Part X PRE-TRIAL PROCEDURES IN HIGH COURT

Division 1 — General matters

Division 2 — Committal procedures for cases triable by High Court

Division 3 — Supplementary provisions to committal procedures

Division 4 — Non-compliance with certain requirements in Division 2

Division 5 — Transmission proceedings

Division 6 — Non-compliance with certain requirements in Division 5

Part XI GENERAL PROVISIONS RELATING TO PRE-TRIAL AND PLEAD GUILTY PROCEDURES IN ALL COURTS

Division 1 — General pre-trial procedures

Division 2 — When accused pleads guilty electronically

Division 3 — Plead guilty procedures

Part XII PROCEDURE AT TRIAL IN ALL COURTS

Part XIII GENERAL PROVISIONS RELATING TO PROCEEDINGS IN COURTS

Division 1 — General provisions

Division 2 — Transfer of cases

Division 3 — Compounding of offences

Division 4 — Previous acquittals or convictions

Division 5 — Proceedings relating to persons of unsound mind

Part XIV EVIDENCE AND WITNESSES

Division 1 — Preliminary

Division 2 — Admissibility of certain types of evidence

Division 3 — Ancillary hearing

Division 4 — Special provisions relating to recording of evidence

Division 5 — Witnesses

Part XV JUDGMENT

Part XVI SENTENCES

Division 1 — Sentences in general

Division 2 — Sentence of caning

Division 3 — Suspensions, remissions and commutations of sentences

Part XVII COMMUNITY SENTENCES

Part XVIII COMPENSATION AND COSTS

Part XIX DISPOSAL OF PROPERTY

Part XX APPEALS, POINTS RESERVED, REVISIONS AND CRIMINAL MOTIONS

Division 1 — Appeals

Division 2 — Points reserved

Division 3 — Revision of proceedings before Subordinate Courts

Division 4 — Revision of orders made at criminal case disclosure conference

Division 5 — Criminal motions

Part XXI SPECIAL PROCEEDINGS

Division 1 — Proceedings in case of certain offences affecting administration of justice

Division 2 — Special proceedings — Order for review of detention

Part XXII MISCELLANEOUS

FIRST SCHEDULE Tabular Statement of Offences under the Penal Code

SECOND SCHEDULE Laws to Which Criminal Case Disclosure Procedures Apply

THIRD SCHEDULE Offences to Which Transmission Procedures Apply

FOURTH SCHEDULE Offences That May be Compounded by Victim

FIFTH SCHEDULE Types of Work

SIXTH SCHEDULE Consequential and Related Amendments to Other Written Laws

 
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Division 1 — Duties of police officer
on receiving information about offences
Information about offences received by police
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.
Information about offences received by authorised persons
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.
Procedure in non-arrestable cases
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.
Procedure when arrestable offence is suspected
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).
Investigation in arrestable cases
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.
Diary of proceedings in investigation
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, 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.
Power to order production of any document or other thing
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).
Power to require attendance of witnesses
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.
Power to examine witnesses
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.
Cautioned statements
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.