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Contents  

Long Title

Enacting Formula

Part I PRELIMINARY

Part II CRIMINAL JURISDICTION OF SUBORDINATE COURTS

Part III POWERS OF ATTORNEY-GENERAL AND PUBLIC PROSECUTOR

Part IV INFORMATION TO POLICE AND POWERS OF INVESTIGATION

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

Division 2 — Search and seizure

Part V PREVENTION OF OFFENCES

Division 1 — Security for keeping peace and for good behaviour

Division 2 — Proceedings following order to provide security

Division 3 — Unlawful assemblies

Division 4 — Preventive action of police

Part VI ARREST AND BAIL AND PROCESSES TO COMPEL APPEARANCE

Division 1 — Arrest without warrant

Division 2 — Arrest with warrant

Division 3 — General provisions for arrests with or without warrant

Division 4 — Proclamation and attachment

Division 5 — Bails and bonds

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

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

Division 8 — Summons to appear in court

Part VII THE CHARGE

Part VIII INITIATION OF CRIMINAL PROCEEDINGS AND COMPLAINT TO MAGISTRATE

Part IX PRE-TRIAL PROCEDURES IN THE SUBORDINATE COURTS

Division 1 — General matters

Division 2 — Criminal case disclosure procedures

Division 3 — Non-compliance with Division 2

Division 4 — Where criminal case disclosure procedures do not apply

Part X PRE-TRIAL PROCEDURES IN HIGH COURT

Division 1 — General matters

Division 2 — Committal procedures for cases triable by High Court

Division 3 — Supplementary provisions to committal procedures

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

Division 5 — Transmission proceedings

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

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

Division 1 — General pre-trial procedures

Division 2 — When accused pleads guilty electronically

Division 3 — Plead guilty procedures

Part XII PROCEDURE AT TRIAL IN ALL COURTS

Part XIII GENERAL PROVISIONS RELATING TO PROCEEDINGS IN COURTS

Division 1 — General provisions

Division 2 — Transfer of cases

Division 3 — Compounding of offences

Division 4 — Previous acquittals or convictions

Division 5 — Proceedings relating to persons of unsound mind

Part XIV EVIDENCE AND WITNESSES

Division 1 — Preliminary

Division 2 — Admissibility of certain types of evidence

Division 3 — Ancillary hearing

Division 4 — Special provisions relating to recording of evidence

Division 5 — Witnesses

Part XV JUDGMENT

Part XVI SENTENCES

Division 1 — Sentences in general

Division 2 — Sentence of caning

Division 3 — Suspensions, remissions and commutations of sentences

Part XVII COMMUNITY SENTENCES

Part XVIII COMPENSATION AND COSTS

Part XIX DISPOSAL OF PROPERTY

Part XX APPEALS, POINTS RESERVED, REVISIONS AND CRIMINAL MOTIONS

Division 1 — Appeals

Division 2 — Points reserved

Division 3 — Revision of proceedings before Subordinate Courts

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

Division 5 — Criminal motions

Part XXI SPECIAL PROCEEDINGS

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

Division 2 — Special proceedings — Order for review of detention

Part XXII MISCELLANEOUS

FIRST SCHEDULE Tabular Statement of Offences under the Penal Code

SECOND SCHEDULE Laws to Which Criminal Case Disclosure Procedures Apply

THIRD SCHEDULE Offences to Which Transmission Procedures Apply

FOURTH SCHEDULE Offences That May be Compounded by Victim

FIFTH SCHEDULE Types of Work

SIXTH SCHEDULE Consequential and Related Amendments to Other Written Laws

 
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PART V
PREVENTION OF OFFENCES
Division 1 — Security for keeping peace
and for good behaviour
Exemption
41.
—(1)  The Minister may, by order and subject to such conditions as he thinks fit, exempt any person or class of persons from all or any of the provisions of this Act.
(2)  Any order made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.
No action in absence of bad faith or malice
42.  No action or proceedings shall lie against the Board, an Investigation Committee or any member thereof for any act or thing done under this Act unless it is proved to the court that the act or thing was done in bad faith or with malice.
Security for keeping peace generally
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.
Security for good behaviour from suspected offenders, etc.
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.
Security for good behaviour from habitual offenders
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.
Order to show cause
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.
Transitional
47.
—(1)  On the appointed day any scheme, contract, document, licence or resolution prepared, made, granted or approved by or on behalf of the previous Board shall continue and be deemed to have been prepared, made, granted or approved by the Board under this Act.
(2)  All obligations and liabilities of the previous Board existing immediately before the appointed day shall as from that day be the obligations and liabilities of the Board and the Board shall have all necessary powers to discharge them.
(3)  In any written law and in any document, unless the context otherwise requires, any reference to the previous Board shall be construed as a reference to the Board.
(4)  Any proceedings or cause of action pending or existing immediately before the appointed day by or against the previous Board, or any person acting on its behalf, may be continued and enforced by or against the Board.
Attendance of person required to execute bond
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.
Inquiry as to truth of information
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.
Order to give security
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.
Division 2 — Proceedings following order to provide security
Start of period for which security is required
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.
Contents of bond
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.
Power to reject sureties
53.  A court may, in its discretion, refuse to accept any particular person offered as surety under this Part.
Imprisonment in default of security
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.
Power to release person imprisoned for failing to give security
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.
Discharge of surety
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.
Division 3 — Unlawful assemblies
Who may order unlawful assembly to disperse
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).
When unlawful assembly may be dispersed by use of civil force
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.
Use of military force
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.
When commissioned officer may disperse unlawful assembly by military force
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.
Protection against prosecution for acts done under this Division
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.
Division 4 — Preventive action of police
Prevention of offences and use of lethal force by police
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.