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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 XI
GENERAL PROVISIONS RELATING TO PRE-TRIAL AND PLEAD GUILTY PROCEDURES IN ALL COURTS
Division 1 — General pre-trial procedures
Conference by video-link
222.  A criminal case disclosure conference, or a pre-trial conference, held under Part IX or X, or any matter in relation to such criminal case disclosure conference or pre-trial conference, may be heard by video-link.
Extension of time
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.
Power of court to prohibit certain communication
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)
the Case for the Prosecution referred to in sections 162, 176(4) and 214;
(b)
the Case for the Defence referred to in sections 165(1), 195(1) and 217(1); or
(c)
the statements, exhibits or records referred to in section 166(1), 196(1) or 218(1),
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.
(5)  The “relevant judge” referred to in this section means a District Judge, Magistrate, the Registrar of the Subordinate Courts or the Registrar of the Supreme Court, as the case may be, conducting a criminal case disclosure conference under Part IX or X.
Restrictions on reports of restricted information
225.
—(1)  It shall not be lawful to publish a report of any information contained in —
(a)
the Case for the Prosecution referred to in sections 162, 176(4) and 214;
(b)
the Case for the Defence referred to in sections 165(1), 195(1) and 217(1); or
(c)
the statements, exhibits or records referred to in section 166(1), 196(1) or 218(1),
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.
Division 2 — When accused pleads guilty electronically
Pleading guilty electronically
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).
Division 3 — Plead guilty procedures
Procedure if accused pleads guilty or retracts plea
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.
Address on sentence, mitigation and sentence
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.