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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 2 — Transfer of cases
High Court’s power to transfer cases
239.
—(1)  Where in respect of any case it appears to the High Court that —
(a)
a fair and impartial trial cannot be had in any Subordinate Court;
(b)
some question of law of unusual difficulty is likely to arise; or
(c)
a transfer of the case is expedient for the ends of justice or is required by this Code or any other written law,
the High Court may order —
(i)
that the case be transferred from a Subordinate Court to any other Subordinate Court of equal or superior jurisdiction; or
(ii)
that the case be transferred to and tried before the High Court.
(2)  An application for the transfer of a case may be made only after a court has fixed the case for trial in accordance with the pre-trial procedures in the Subordinate Courts in Part IX, and the order may be granted at any time thereafter before the conclusion of the trial.
(3)  The application for the transfer of a case shall be by way of a motion and Division 5 of Part XX shall apply, except that where the applicant is the Public Prosecutor, the motion need not be supported by affidavit.
(4)  When an accused makes an application under this section for the transfer of a case, the High Court may, if it thinks fit, order him to execute a bond with or without sureties requiring him, if convicted, to pay the costs of the prosecution.
Transfer of cases by other courts
240.
—(1)  In any trial before a Magistrate’s Court in which it appears at any stage of the proceedings that from any cause the case is one which the Magistrate’s Court is not competent to try or one which in the opinion of that Court ought to be tried by a District Court or by the High Court, or if before or during the trial an application is made by the Public Prosecutor, the Magistrate’s Court shall stay proceedings and —
(a)
transfer the case to a District Court;
(b)
in a case where the committal procedures under Division 2 of Part X are to be held by virtue of section 175, arrange for a criminal case disclosure conference to be held in accordance with section 176, and that Division shall apply in relation to the case; or
(c)
in a case where the transmission procedures under Division 5 of Part X are to be held by virtue of section 175, forward the case to the Public Prosecutor, and that Division shall apply in relation to the case.
(2)  In any trial before a District Court in which it appears at any stage of the proceedings that from any cause the case is one which the District Court is not competent to try or one which in the opinion of that Court ought to be tried by the High Court, or if before or during the trial an application is made by the Public Prosecutor, the District Court shall stay proceedings and —
(a)
in a case where the committal procedures under Division 2 of Part X are to be held by virtue of section 175, arrange for a criminal case disclosure conference to be held in accordance with section 176 and that Division shall apply in relation to the case; or
(b)
in a case where the transmission procedures under Division 5 of Part X are to be held by virtue of section 175, forward the case to the Public Prosecutor, and that Division shall apply in relation to the case.
(3)  The Magistrate’s Court and the District Court shall record its order on the proceedings made under subsections (1) and (2), respectively.
(4)  The powers conferred by subsections (1) and (2), other than the power of a Magistrate’s Court to transfer a case to a District Court, shall not be exercised except upon the application of the Public Prosecutor or with the consent of the Public Prosecutor.
(5)  If in a trial before a Magistrate’s Court or District Court the accused, when charged, has refused to plead or has not pleaded or has claimed to be tried, and no further step has been taken in the proceedings, that Court may, if it thinks fit, stay the proceedings and transfer the case to another Magistrate’s Court or District Court, as the case may be, and shall record its order on the proceedings.