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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 VIII
INITIATION OF CRIMINAL PROCEEDINGS AND
COMPLAINT TO MAGISTRATE
Initiation of criminal proceedings
150.  Criminal proceedings against any person may be initiated pursuant to an arrest, a summons, an arrest warrant, a notice to attend court or any other mode for compelling the attendance of a person in court which is provided for under this Code or any other written law, as the case may be.
Examination of complaint
151.
—(1)  Any person may make a complaint to a Magistrate.
(2)  On receiving a complaint by a person who is not a police officer nor an officer from a law enforcement agency nor a person acting with the authority of a public body, the Magistrate —
(a)
must immediately examine the complainant on oath and the substance of the examination must be reduced to writing and must be signed by the complainant and by the Magistrate; and
(b)
may, after examining the complainant —
(i)
for the purpose of inquiring into the case himself, issue a summons to compel the attendance before him of any person who may be able to help him determine whether there is sufficient ground for proceeding with the complaint;
(ii)
direct any police officer to make inquiries for the purpose of ascertaining the truth or falsehood of the complaint and report to the Magistrate the result of those inquiries;
(iv)
postpone consideration of the matter to enable the complainant and the person complained against to try to resolve the complaint amicably.
Dismissal of complaint
152.
—(1)  After examining the complainant under section 151(2)(a), and making any inquiry under section 151(2)(b)(i) or considering the result of any inquiry under section 151(2)(b)(ii), the Magistrate may dismiss the complaint if he decides that there is insufficient reason to proceed.
(2)  Where in relation to any complaint, the Magistrate or a police officer has referred any case for mediation under section 15 of the Community Mediation Centres Act or under section 16(1)(c), respectively, and the complainant has failed or refused to attend the mediation session, the Magistrate may dismiss the complaint if the complainant does not provide reasonable grounds for such failure or refusal.
(3)  If the Magistrate dismisses the complaint, he must record his reasons.
Issue of summons or warrant
153.
—(1)  A Magistrate must issue a summons for the attendance of an accused if —
(a)
he finds sufficient reason to proceed with a complaint made by a person who is not a police officer nor an officer from a law enforcement agency nor a person acting with the authority of a public body;
(b)
he finds sufficient reason to proceed with a complaint made by a police officer, an officer from a law enforcement agency or a person acting with the authority of a public body, and the complaint is written and signed by that officer or person;
(c)
he knows or suspects that an offence has been committed; or
(d)
the accused is brought before the court in custody without process and is accused of having committed an offence which the court has jurisdiction to inquire into or try,
and the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a summons.
(2)  In determining whether there is sufficient reason to proceed under subsection (1)(a), the Magistrate shall take into account whether the accused has failed or refused to attend any mediation session when the Magistrate has proceeded in accordance with section 15 of the Community Mediation Centres Act (Cap. 49A) or when a police officer has referred the case to a mediator for mediation under section 16(1)(c), and if so, whether the accused had any reasonable grounds for such failure or refusal.
(3)  If the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a warrant, he may do so or, if he thinks fit, issue a summons causing the accused to be brought or to appear at a certain time before a Magistrate’s Court.
(4)  If the accused fails or refuses to attend any mediation session without providing reasonable grounds for such failure or refusal, the Magistrate may take such failure or refusal into consideration when issuing any further order or direction as the Magistrate deems fit, or when sentencing the accused.
(5)  This section does not affect section 120.
Personal attendance of accused may be dispensed with
154.
—(1)  A Magistrate issuing a summons may dispense with the personal attendance of the accused and permit him to appear by an advocate.
(2)  In any case relating to an offence punishable by fine only or by imprisonment for 12 months or less, or both, and in which a Magistrate has issued a summons, an accused who wishes to plead guilty and be convicted and sentenced in his absence may —
(a)
appear by an advocate; or
(b)
by letter plead guilty and agree to pay any fine that may be imposed for that offence.
(3)  In the case where the accused pleads guilty by letter, the court may record a plea of guilty, convict him according to law, and sentence him to a fine with or without a sentence of imprisonment if he fails to pay the fine.
(4)  If the accused pleads guilty by letter, he must state in the letter a postal address.
(5)  Notwithstanding section 3, the court must then send, by registered post using the particulars stated under subsection (4), a letter informing the accused of the sentence imposed.
(6)  The accused must pay the fine within 7 days from the date on which the court’s letter was posted or transmitted.
(7)  The court inquiring into or trying the case may at any stage of the proceeding direct the accused to attend in person, and if necessary may enforce his attendance in the way set out in section 153.
(8)  If the court intends to impose a sentence of imprisonment without the option of a fine, it must require the accused to attend in person.
(9)  If the accused wishes to withdraw his plea of guilty and claim trial when he appears pursuant to subsection (8), then the court must, notwithstanding any order of conviction made in his absence permit him to withdraw his plea and then hear and determine the case, and if the court convicts him, pass sentence according to law.
(10)  Nothing in this section shall affect the powers of the court conferred by section 156.
Absence of complainant in proceedings instituted on complaint
155.  In a private prosecution commenced pursuant to a complaint under section 151 for an offence which is compoundable under section 241, the court may at any time before calling upon the accused to enter upon his defence, discharge the accused if the complainant is absent.
Absence of accused
156.  If ––
(a)
an accused does not appear at the time and place mentioned in the summons or notice to attend court and it appears to the court on oath that the summons or notice was duly served a reasonable time before the time appointed in it for appearing; and
(b)
no sufficient ground is shown for an adjournment,
the court may either proceed ex parte to hear and determine the complaint or may postpone the hearing to a future day.