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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 XXII
MISCELLANEOUS
When irregularities do not make proceedings invalid
423.  Subject to this Code, any judgment, sentence or order passed or made by a court of competent jurisdiction may not be reversed or altered on account of —
(a)
an error, omission or irregularity in the complaint, summons, warrant, charge, judgment or other proceedings before or during trial or in an inquiry or other proceeding under this Code;
(b)
the lack of any consent by the Public Prosecutor as required by law; or
(c)
the improper admission or rejection of any evidence,
unless the error, omission, improper admission or rejection of evidence, irregularity or lack of consent has caused a failure of justice.
Duty to give information of certain matters
424.  Every person aware of the commission of or the intention of any other person to commit any arrestable offence punishable under Chapters VI, VII, VIII, XII and XVI of the Penal Code (Cap. 224) or under any of the following sections of the Penal Code:
Sections 161, 162, 163, 164, 170, 171, 211, 212, 216, 216A, 226, 270, 281, 285, 286, 382, 384, 385, 386, 387, 388, 389, 392, 393, 394, 395, 396, 397, 399, 400, 401, 402, 430A, 435, 436, 437, 438, 440, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 489A, 489B, 489C, 489D and 506,
shall, in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, immediately give information to the officer in charge of the nearest police station or to a police officer of the commission or intention.
Irregularity in attachment
425.
—(1)  An attachment made under this Code shall not be considered unlawful, nor shall any person making it be considered to have done any wrong, on account of some defect or lack of form in the summons, conviction, order of attachment or other proceeding relating to it.
(2)  The person referred to in subsection (1) shall not be considered to have done wrong from the start on account of any irregularity that he afterwards commits, but anyone wronged by the irregularity may take such proceedings in a civil court as he thinks fit to recover damages for any loss or harm he might have suffered.
Copies of proceedings
426.
—(1)  Any person (other than the Public Prosecutor) affected by any judgment, sentence or order made by a court may, on application to the court and upon payment of the prescribed fee, be furnished with a copy of any judgment, sentence, order, deposition or any other part of the record of proceedings.
(2)  Notwithstanding subsection (1), an accused committed to stand trial in the High Court shall receive free of charge a copy of the depositions of the witnesses recorded by the Magistrate.
(3)  The court may, if it thinks fit, waive the payment of any fee under this section.
(4)  The Public Prosecutor may apply to the court and must be furnished, free of charge, with a copy of any judgment, sentence, order, deposition or any other part of the record of proceedings.
Amendment of Schedules
427.
—(1)  The Minister may, by order published in the Gazette, amend any of the Schedules.
(2)  The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient.
(3)  Every order made under subsection (1) shall be presented to Parliament as soon as possible after publication in the Gazette.
Minister to make regulations
428.
—(1)  The Minister may make regulations for anything that is required, permitted or necessary for carrying out the purposes and provisions of this Code.
(2)  Without prejudice to the generality of subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:
(a)
the rates or scales of payment of the expenses and compensation to be ordered under section 363 and concerning the payment of them;
(b)
the treatment, training and detention of persons sentenced to reformative training, corrective training or preventive detention, including any matter relating to the supervision of such persons when they are released from their places of detention;
(c)
any form which is to be used by any person in relation to any matter under this Code;
(d)
for carrying into effect the purposes of Division 2 of Part X;
(e)
the prescribing of anything that is required or permitted to be prescribed under this Code.
Repeal, savings and transitional provisions
429.
—(1)  The Criminal Procedure Code (Cap. 68) is repealed.
(2)  This Code shall not affect —
(a)
any inquiry, trial or other proceeding commenced or pending under the repealed Code before the appointed day, and every such inquiry, trial or other proceeding may be continued and everything in relation thereto may be done in all respects after that day as if this Code had not been enacted; and
(b)
any further proceedings which may be taken under the repealed Code in respect of any inquiry, trial or other proceeding which has commenced or is pending before the appointed day, and such further proceedings may be taken and everything in relation thereto may be done in all respects after that day as if this Code had not been enacted.
(3)  Any application, authorisation, consent, direction, fiat, instruction, order, requirement or sanction of the Public Prosecutor given or made under the repealed Code before the appointed day and which remains in force or which is not complied with before that day shall be treated as if it were an application, authorisation, consent, direction, fiat, instruction, order or requirement of the Public Prosecutor given or made under the corresponding provisions of this Code.
(4)  Any summons, warrant or requisition issued by a court under the repealed Code before the appointed day and which has not been complied with or executed before that day shall be treated as if it were a summons, warrant or requisition, as the case may be, issued under the corresponding provisions of this Code.
(5)  Any proclamation published by a court under section 51 of the repealed Code shall be treated as if it were a proclamation published under section 88.
(6)  Any authorisation given by the Commissioner of Police under section 70 of the repealed Code which is not acted on before the appointed day shall be treated as if it were an authorisation of the Commissioner of Police given under section 33.
(7)  Any written order of a police officer under section 58 of the repealed Code which is not complied with before the appointed day shall be treated as if it were a written order of a police officer under section 20.
(8)  Any order of a police officer under section 120 of the repealed Code which is not complied with before the appointed day shall be treated as if it were an order of a police officer under section 21.
(9)  Any requisition made by a police officer or authorised person under section 125A or 125B of the repealed Code before the appointed day which is not complied with before the appointed day shall be deemed to be a requisition made by a police officer or an authorised person under section 39 or 40, respectively.
(10)  Any plea of guilty by letter under section 137 of the repealed Code which is not dealt with by a court before the appointed day shall be treated as if it were a plea of guilty by letter under section 154 and that provision shall apply accordingly to the plea of guilty.
(11)  Any plea of guilty under section 137A of the repealed Code which is not dealt with by a court before the appointed day shall be treated as if it were a plea of guilty under section 226 and that provision shall apply accordingly to the plea of guilty.
(12)  Any bond executed by any person under the repealed Code before the appointed day and which remains in force on or after that day shall be treated as if it were a bond executed under the corresponding provisions of this Code.
(13)  Any person who is subject to the supervision of the police under section 11 of the repealed Code shall be treated as if he were a person subject to police supervision under section 309 of this Code.
(14)  Any information received or recorded under section 115 of the repealed Code which is not dealt with in accordance with the provisions of the repealed Code before the appointed day shall be treated as if the information were received or recorded under section 14 and the police shall deal with the matter in accordance with the provisions of this Code.
(15)  Any complaint which is received by a Magistrate before the appointed day and which is not disposed of before that day, shall be treated as if it were a complaint received by a Magistrate under this Code and the provisions of this Code shall, with the necessary modifications, apply in relation to the complaint.
(16)  Any offence which is to be compounded under section 199A of the repealed Code and which is not so compounded before the appointed day shall be treated as an offence which is to be compounded under section 243 of this Code.
(17)  Notwithstanding any other provisions in this Code, Part XIX shall, with the necessary modifications, apply to any property seized under the provisions of the repealed Code and which is not reported or disposed of in accordance with Chapter XXXVIII of the repealed Code.
(18)  Where any period of time specified in any provision in the repealed Code is current immediately before the appointed day, this Code shall have effect as if the corresponding provision in this Code had been in force when the period began to run; and (without prejudice to the foregoing) any period of time so specified and current shall be deemed for the purposes of this Code —
(a)
to run from the day or event from which it was running immediately before that appointed day; and
(b)
to expire (subject to any provision of this Code for its extension) whenever it would have expired if this Code had not been enacted,
and any rights, priorities, liabilities, reliefs, obligations, requirements, powers, duties or exemptions dependent on the beginning, duration or end of such a period as abovementioned shall be under this Code as they were or would have been under that provision in the repealed Code.
(19)  Any subsidiary legislation made under the repealed Code and in force immediately before the appointed day shall, so far as it is not inconsistent with the provisions of this Code, continue to be in force as if made under this Code until it is revoked or repealed by subsidiary legislation made under this Code.
(20)  In so far as it is necessary for preserving the effect of any written law, any reference in such written law to a seizable offence or a non-seizable offence shall be construed, respectively, as a reference to an arrestable offence or a non-arrestable offence under this Code.
(21)  Where in any written law reference is made to the sanction of the Public Prosecutor or a Deputy Public Prosecutor, such reference shall be read as a reference to the consent of the Public Prosecutor or a Deputy Public Prosecutor.
(22)  In any written law or document in which a reference is made to the repealed Code, such reference shall be read as a reference to this Code.
(23)  Where before the appointed day any inquiry is held under Chapter XXX of the repealed Code and has not been concluded immediately before that day, the inquiry may continue in accordance with the provisions under the repealed Code relating to such inquiry as if this Code had not been enacted.
(24)  For a period of 2 years after the appointed day, the Minister may, by regulations, prescribe such additional provisions of a savings or transitional nature consequent on the enactment of subsection (1) as he may consider necessary or expedient.
(25)  In this section, “appointed day” means the date of commencement of this Code.
Consequential and related amendments to other written laws
430.  The provisions of the Acts specified in the first column of the Sixth Schedule are amended in the manner set out in the second column thereof.