Singapore Statutes Online - 15 - Criminal Procedure Code 2010

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Contents

Criminal Procedure Code 2010
(No. 15 of 2010)

Enacting Formula

Part I PRELIMINARY

1 Short title and commencement

2 Interpretation

3 Service of notices, orders and documents

4 Trial of offences under Penal Code or other laws

5 Saving of powers of Supreme Court and law officers

6 Where no procedure is provided

Part II CRIMINAL JURISDICTION OF SUBORDINATE COURTS

7 Criminal jurisdiction of Magistrates’ Courts

8 Criminal jurisdiction of District Courts

9 Enlargement of jurisdiction of Subordinate Courts

10 Consent required for prosecution of certain offences

Part III POWERS OF ATTORNEY-GENERAL AND PUBLIC PROSECUTOR

11 Public Prosecutor

12 Public Prosecutor’s fiat

13 Public Prosecutor’s power to take over conduct of prosecution, etc.

Part IV INFORMATION TO POLICE AND POWERS OF INVESTIGATION

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

14 Information about offences received by police

15 Information about offences received by authorised persons

16 Procedure in non-arrestable cases

17 Procedure when arrestable offence is suspected

18 Investigation in arrestable cases

19 Diary of proceedings in investigation

20 Power to order production of any document or other thing

21 Power to require attendance of witnesses

22 Power to examine witnesses

23 Cautioned statements

Division 2 — Search and seizure

24 When search warrant may be issued

25 Search of house suspected to contain stolen property, forged documents, etc.

26 Form of search warrant

27 Setting aside search warrant

28 When search warrant issued to person other than police officer

29 Execution of search warrant

30 Search for person wrongfully confined

31 Person in charge of closed place to allow search

32 Search without warrant for stolen property

33 Summary search

34 Search by police officer in arrestable case

35 Powers to seize property in certain circumstances

36 Forfeiture of counterfeit coin or counterfeit currency note or bank note, etc.

37 List of all things seized to be made and signed

38 Power of court to impound document or other thing produced

39 Power to access computer

40 Power to access decryption information

Part V PREVENTION OF OFFENCES

Division 1 — Security for keeping peace and for good behaviour

41 Security for keeping peace on conviction

42 Security for keeping peace by complainant

43 Security for keeping peace generally

44 Security for good behaviour from suspected offenders, etc.

45 Security for good behaviour from habitual offenders

46 Order to show cause

47 Procedure in respect of person subject to order

48 Attendance of person required to execute bond

49 Inquiry as to truth of information

50 Order to give security

Division 2 — Proceedings following order to provide security

51 Start of period for which security is required

52 Contents of bond

53 Power to reject sureties

54 Imprisonment in default of security

55 Power to release person imprisoned for failing to give security

56 Discharge of surety

Division 3 — Unlawful assemblies

57 Who may order unlawful assembly to disperse

58 When unlawful assembly may be dispersed by use of civil force

59 Use of military force

60 Minister or Commissioner of Police or Deputy Commissioner of Police may require any officer in command of troops to disperse unlawful assembly

61 When commissioned officer may disperse unlawful assembly by military force

62 Protection against prosecution for acts done under this Division

Division 4 — Preventive action of police

63 Prevention of offences and use of lethal force by police

Part VI ARREST AND BAIL AND PROCESSES TO COMPEL APPEARANCE

Division 1 — Arrest without warrant

64 When arrest may be made without warrant

65 Arrest on refusal to give name and residence to police officer

66 Arrest by private person

67 How arrested person to be dealt with

68 Person arrested not to be detained more than 48 hours

Division 2 — Arrest with warrant

69 Warrant to whom directed

70 Arrest of person subject to warrant

71 Form of arrest warrant

72 Court may endorse on warrant security to be taken

73 Notification of content of warrant

74 Arrested person to be brought before court without delay

Division 3 — General provisions for arrests with or without warrant

75 How to arrest

76 No unnecessary restraint

77 Search of place entered by person sought to be arrested

78 Search of person arrested and his premises

79 Power to seize offensive weapons

80 Search for name and address

81 Detention and search of persons in place searched

82 Mode of freeing persons

83 Mode of searching women

84 Power to pursue and arrest after escape or rescue

85 Release of arrested person

86 Public assistance in arrests

87 Assisting person other than police officer to execute warrant

Division 4 — Proclamation and attachment

88 Proclamation for person absconding

89 Attachment of property of person proclaimed

90 Application for release of attached property

Division 5 — Bails and bonds

91 Interpretation of this Division

92 When person must be released on bail or personal bond

93 When person accused of non-bailable offence may be released on bail

94 Conditions of bail or personal bond

95 Exceptions to bail or release on personal bond

96 Amount of bond

97 High Court’s powers to grant or vary bail

98 Application for bail or release on personal bond in High Court

99 Bond to be executed

100 Person to be released

101 Released person to give address for service

102 Withdrawal, change of conditions, etc., of bail

103 Liability to arrest for absconding or breaking conditions of bail or personal bond

104 Duties of surety

105 Surety may apply to have bond discharged

106 Security instead of surety

107 Procedure on forfeiture of bond

108 Appeal from orders

109 Power to direct levy of amount due on bond

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

110 Notice to attend court

111 Bond for appearance of complainant and witnesses

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

112 Surrender of travel document

113 Return of travel document

114 Where person acquainted with facts of investigation intends to leave Singapore

Division 8 — Summons to appear in court

115 Form and validity of summons, etc.

116 Service of summons

117 Proceedings against body corporate, limited liability partnership, etc.

118 Service for offences punishable with fine only

119 Proof of service

120 Issue of warrant instead of or in addition to summons

121 Service of summons: reciprocal arrangements with Malaysia and Brunei Darussalam

122 Detention of offender attending court

Part VII THE CHARGE

123 Form of charge

124 Details of time, place and person or thing

125 When manner of committing offence must be stated

126 Sense of words used in charge to describe offence

127 Effect of errors

128 Court may alter charge or frame new charge

129 Trial after alteration of charge or framing of new charge

130 Stay of proceedings if altered or new charge requires Public Prosecutor’s consent

131 Recall of witnesses on trial of altered or new charge

132 Separate charges for distinct offences

133 Joining of similar offences

134 Trial for more than one offence

135 Trial of offences within 2 or more definitions

136 Acts forming one offence but when combined form different offence

137 Sections 134, 135 and 136 not to affect section 308

138 If it is doubtful what offence has been committed

139 When person charged with one offence can be convicted of another

140 Conviction of attempt or abetment

141 When offence proved is lesser offence

142 Where court finds offence referred to in section 10 proved

143 Persons who may be charged and tried jointly

144 Joint trials for connected offences

145 Joint trials with consent

146 Separate trial when accused is prejudiced

147 Withdrawal of remaining charges on conviction on one of several charges

148 Outstanding offences

149 Death of accused

Part VIII INITIATION OF CRIMINAL PROCEEDINGS AND COMPLAINT TO MAGISTRATE

150 Initiation of criminal proceedings

151 Examination of complaint

152 Dismissal of complaint

153 Issue of summons or warrant

154 Personal attendance of accused may be dispensed with

155 Absence of complainant in proceedings instituted on complaint

156 Absence of accused

Part IX PRE-TRIAL PROCEDURES IN THE SUBORDINATE COURTS

Division 1 — General matters

157 Interpretation of this Part

158 Reading of charge

159 When criminal case disclosure procedures apply

Division 2 — Criminal case disclosure procedures

160 Criminal case disclosure conference

161 When Case for the Prosecution is served

162 Contents of Case for the Prosecution

163 When Case for the Defence is served

164 Court to explain to unrepresented accused certain requirements and consequences

165 Contents of Case for the Defence

166 Time for service of other statements and exhibits

167 Fixing dates for trial

168 If co-accused charged subsequently

Division 3 — Non-compliance with Division 2

169 Consequences of non-compliance with Division 2

Division 4 — Where criminal case disclosure procedures do not apply

170 Court to try accused or transfer case

171 Pre-trial conference

Part X PRE-TRIAL PROCEDURES IN HIGH COURT

Division 1 — General matters

172 Interpretation of this Part

173 When accused first produced in court

174 Remand of accused

175 Procedure for cases to be tried in High Court

Division 2 — Committal procedures for cases triable by High Court

176 Committal hearing

177 Examining Magistrate to conduct committal hearing

178 Committal hearing where accused wishes to plead guilty

179 Use of written statements

180 When accused to be discharged

181 When charge to be framed

182 Committal when defence reserved

183 Defence of accused

184 Addresses

185 Discharge or committal after defence

186 Bonds of witnesses

187 Attendance at trial of person making report

188 Procedure after committal of accused for trial

189 Custody of accused pending trial

190 Restrictions on reports of committal hearing

191 Certain provisions to prevail

192 Procedure after case has been committed to High Court

193 When Case for the Defence is served

194 Court to explain to unrepresented accused certain matters

195 Contents of Case for the Defence

196 Time for service of other statements

197 Fixing dates for trial

198 If co-accused charged subsequently

Division 3 — Supplementary provisions to committal procedures

199 Persons to be deemed to have been brought before High Court in due course of law

200 When Public Prosecutor may direct that accused be discharged

201 Public Prosecutor may by fiat designate court of trial when criminal offence disclosed

202 Procedure when court designated is High Court

203 Procedure when court designated is not High Court

204 Witnesses to be notified of change of court

205 Public Prosecutor may issue subsequent fiat

206 Public Prosecutor may alter or redraw charge

207 Public Prosecutor may order proceedings before Magistrate’s Court to be transmitted to him

208 Public Prosecutor may thereupon give instructions to Magistrate

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

209 Consequences of non-compliance with certain requirements in Division 2

Division 5 — Transmission proceedings

210 Transmission of case to High Court

211 Public Prosecutor may issue subsequent fiat

212 Procedure after case has been transmitted to High Court

213 When Case for the Prosecution is served

214 Contents of Case for the Prosecution

215 When Case for the Defence is served

216 Court to explain to unrepresented accused certain matters

217 Contents of Case for the Defence

218 Time for service of other statements and exhibits

219 Fixing dates for trial

220 If co-accused charged subsequently

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

221 Consequences of 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

222 Conference by video-link

223 Extension of time

224 Power of court to prohibit certain communication

225 Restrictions on reports of restricted information

Division 2 — When accused pleads guilty electronically

226 Pleading guilty electronically

Division 3 — Plead guilty procedures

227 Procedure if accused pleads guilty or retracts plea

228 Address on sentence, mitigation and sentence

Part XII PROCEDURE AT TRIAL IN ALL COURTS

229 Interpretation of this Part

230 Procedure at trial

231 Notice required to call witness or produce exhibits not disclosed in Case for the Prosecution or Case for the Defence

232 Public Prosecutor may decline further to prosecute at any stage of trial

233 Evidence to be taken in presence of accused

234 Trial before a single judge

235 Power of court to order any production of document or thing

Part XIII GENERAL PROVISIONS RELATING TO PROCEEDINGS IN COURTS

Division 1 — General provisions

236 Right of accused person to be defended

237 Change of judge during trial

238 Power to postpone or adjourn proceedings

Division 2 — Transfer of cases

239 High Court’s power to transfer cases

240 Transfer of cases by other courts

Division 3 — Compounding of offences

241 Compounding offences

242 Public Prosecutor may compound offences

243 Compounding of offences under other written laws

Division 4 — Previous acquittals or convictions

244 Person once convicted or acquitted not to be tried again for offence on same facts

245 Plea of previous acquittal or conviction

Division 5 — Proceedings relating to persons of unsound mind

246 Interpretation of this Division

247 Procedure if accused is suspected to be of unsound mind

248 Certificate of principal officer

249 Release of person of unsound mind pending investigation or trial

250 Resumption of proceedings

251 Acquittal on ground of unsound mind

252 Safe custody of person acquitted

253 Visiting of prisoners of unsound mind

254 Procedure when person of unsound mind is reported able to make defence

255 Delivery of person of unsound mind to care of relative

256 Procedure when person of unsound mind is reported fit for discharge

Part XIV EVIDENCE AND WITNESSES

Division 1 — Preliminary

257 Interpretation of this Part

Division 2 — Admissibility of certain types of evidence

258 Admissibility of accused’s statements

259 Witness’s statement inadmissible except in certain circumstances

260 Admissibility of report on first information made under section 14 or 15

261 Inferences from accused’s silence

262 Use of affidavits sworn by witnesses

263 Report of qualified persons

264 Conditioned statements

265 When evidence of past possession of stolen property allowed

266 When evidence of previous conviction allowed

267 Proof by formal admission

268 Hearsay evidence admissible only under this Code or other law

269 Definitions, etc., for sections 270 to 277

270 Admissibility of out-of-court statements as evidence of facts stated

271 Restrictions on admissibility of statements under section 270

272 Admissibility of certain records as evidence of facts stated

273 Provisions supplementary to section 270 or 272

274 Admissibility of hearsay evidence by agreement of parties

275 Admissibility of evidence as to credibility of maker, etc., of statement admitted under certain provisions of this Part

276 Saving for exceptions to the rule against hearsay in Evidence Act

277 Application of sections 270 to 275 to statements of opinion

278 Notice of alibi

Division 3 — Ancillary hearing

279 Procedure to determine admissibility of evidence

Division 4 — Special provisions relating to recording of evidence

280 Power of Magistrate to record statements

281 Evidence through video or television links

Division 5 — Witnesses

282 Attendance of prisoner as witness

283 Power of court to summon and examine persons

284 When person bound to give evidence intends to leave Singapore

285 Recording of evidence

286 Manner of recording evidence

287 Reading over evidence and correction

288 Interpretation of evidence to accused

289 Remarks as to demeanour of witness

290 How previous conviction or acquittal may be proved

291 Accused not to give evidence except on oath or affirmation

292 Procedure when accused does not understand proceedings

293 Record of evidence in absence of accused

294 Procedure when prospective witness is ill

295 Taking of evidence before trial

296 Deposition of medical witness

297 Deposition of certain other witnesses

Part XV JUDGMENT

298 Mode of delivering judgment

299 Procedure after judgment of appellate court

300 Judgment in alternative

301 Judgment not to be altered

302 Judgment to be filed with record

Part XVI SENTENCES

Division 1 — Sentences in general

303 Sentences

304 Corrective training and preventive detention

305 Reformative training

306 Sentence in case of conviction for several offences at one trial

307 Consecutive sentences in certain cases

308 Limit of punishment of offence which is made up of several offences

309 Police supervision

310 Requirements from person subject to supervision

311 Penalty for non-compliance with section 310

312 Application of law to orders for police supervision made in Malaysia

313 Provisions as to execution of sentences of death

314 No sentence of death against person below 18 years

315 Sentence of death not to be passed on pregnant woman

316 Judgment of death

317 Sentences other than of death

318 Date that sentence begins

319 Provisions as to sentence of fine

320 Suspension of execution in certain cases

321 Who may issue warrant

322 Commencement of sentence of imprisonment on prisoner already undergoing imprisonment

323 Juvenile may be dealt with under Children and Young Persons Act

324 Return of warrant of execution

Division 2 — Sentence of caning

325 Execution of sentence of caning forbidden in certain cases

326 Place for executing sentence of caning

327 Time of executing sentence of caning

328 Limit on number of strokes

329 Mode of executing sentence of caning

330 Caning not to be carried out by instalments

331 Medical officer’s certificate required

332 Procedure if punishment cannot be inflicted under section 331

Division 3 — Suspensions, remissions and commutations of sentences

333 Power to pardon, suspend or remit sentence, etc.

334 Power to commute punishment

Part XVII COMMUNITY SENTENCES

335 Interpretation of this Part

336 Meaning of "community order" and "community sentence"

337 Community orders

338 Combination of community orders

339 Mandatory treatment orders

340 Obligations of offender subject to mandatory treatment order

341 Day reporting orders

342 Electronic monitoring of offender subject to day reporting order

343 Obligations of offender subject to day reporting order

344 Community work orders

345 Obligations of offender subject to community work order

346 Community service orders

347 Obligations of offender subject to community service order

348 Short detention orders

349 Taking of security

350 Forfeiture of security

351 Variation and revocation of community orders on grounds other than breach thereof

352 Breach of community orders

353 Commission of offence before community order is in force

354 Commission of further offence

Part XVIII COMPENSATION AND COSTS

355 Order for payment of costs of prosecution against accused and order for payment of costs incurred by accused in his defence

356 Costs ordered by Court of Appeal or High Court

357 Costs against defence counsel

358 Costs awarded against Public Prosecutor

359 Order for payment of compensation

360 Provisions as to money payable as compensation

361 Costs recoverable as judgment debt

362 Reward for unusual exertions and compensation for family of person killed or injured in arresting

363 Court may order payment of expenses of witnesses

Part XIX DISPOSAL OF PROPERTY

364 Order for disposal of property by court

365 Direction instead of order

366 Payment to innocent person of money in possession of accused

367 Stay of order

368 Destruction of libellous and other matter

369 Restoration of possession of immovable property

370 Procedure governing seizure of property

371 Procedure when person entitled to property is known

372 Procedure when person entitled to property is unknown or cannot be found

Part XX APPEALS, POINTS RESERVED, REVISIONS AND CRIMINAL MOTIONS

Division 1 — Appeals

373 Interpretation of this Part

374 When appeal may be made

375 Limited right of appeal against plea of guilty

376 Appeal against acquittal and sentence in private prosecutions

377 Procedure for appeal

378 Petition of appeal

379 Records of court proceedings to be sent to appellate court and respondent

380 Appeal specially allowed in certain cases

381 Procedure when appellant in prison

382 Bail pending appeal

383 Stay of execution pending appeal

384 Summary rejection of appeal

385 Notice and time of hearing

386 Appeal to be heard by one or more Judges

387 Procedure at hearing

388 Non-appearance of respondent

389 Arrest of respondent in certain cases

390 Decision on appeal

391 Omission to frame charge

392 Taking additional evidence

393 Death of party to appeal

394 Grounds for reversal by appellate court

Division 2 — Points reserved

395 Power of court to state case

396 Application to state case directly to Court of Appeal

397 Reference to Court of Appeal of criminal matter determined by High Court in exercise of its appellate or revisionary jurisdiction

398 Determination and order

399 Opinion on case stated

Division 3 — Revision of proceedings before Subordinate Courts

400 Power to call for records of Subordinate Courts

401 Powers of High Court on revision

402 Orders on revision

403 Permission for parties to appear

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

404 Power to revise orders made at criminal case disclosure conference

Division 5 — Criminal motions

405 Motion

406 Notice of motion

407 Form and issue of notice of motion

408 Adjournment of hearing

409 Costs

Part XXI SPECIAL PROCEEDINGS

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

410 Procedure as to offences committed in court, etc.

411 Record of facts constituting offence

412 Alternative procedure

413 Power to remit punishment

414 Refusal to give evidence

415 Appeal

416 Magistrate not to try certain offences committed before himself

Division 2 — Special proceedings — Order for review of detention

417 Application for order for review of detention

418 Orders for review of detention

419 Court martial

420 Removal of prisoner from one custody to another

421 Duty of officer to whom order or warrant is addressed

422 No appeal

Part XXII MISCELLANEOUS

423 When irregularities do not make proceedings invalid

424 Duty to give information of certain matters

425 Irregularity in attachment

426 Copies of proceedings

427 Amendment of Schedules

428 Minister to make regulations

429 Repeal, savings and transitional provisions

430 Consequential and related amendments to other written laws

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

Related Subsidiary Legislation | Amendment Annotation off

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Division 3 — Non-compliance with Division 2

Consequences of non-compliance with Division 2

169.

—(1) The court may draw such inference as it thinks fit if —

(a)

the prosecution fails to serve the Case for the Prosecution on the accused or the defence fails to serve the Case for the Defence after the Case for the Prosecution has been served on him;

(b)

the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 162 or 165(1), respectively; or

(c)

the prosecution or the defence puts forward a case at the trial which differs from or is otherwise inconsistent with the Case for the Prosecution or the Case for the Defence, respectively, that has been filed.

(2) If the prosecution fails to serve the Case for the Prosecution in respect of any charge which the prosecution intends to proceed with at trial within the time permitted under section 161 or the Case for the Prosecution does not contain any or any part of the items specified in section 162, a court may order a discharge not amounting to an acquittal in relation to the charge.