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Contents  

Long Title

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 1A — Review of sentence of death when no appeal filed

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

Legislative History

 
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Criminal Procedure Code
(CHAPTER 68)

(Original Enactment: Act 15 of 2010)

REVISED EDITION 2012
(31st August 2012)
An Act relating to criminal procedure.
[2nd January 2011]
PART I
PRELIMINARY
Short title
1.  This Act may be cited as the Criminal Procedure Code and is generally referred to in this Act as this Code.
Interpretation
2.
—(1)  In this Code, unless the context otherwise requires —
“advocate” means an advocate and solicitor lawfully entitled to practise criminal law in Singapore;
“arrestable offence” and “arrestable case” mean, respectively, an offence for which and a case in which a police officer may ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law;
“bailable offence” means an offence shown as bailable in the fifth column of the First Schedule or which is made bailable by any other written law, and “non-bailable offence” means any offence other than a bailable offence;
“complaint” means any allegation made orally or in writing to a Magistrate with a view to his taking action under this Code that some person, whether known or unknown, has committed or is guilty of an offence;
“computer” has the same meaning as in the Computer Misuse and Cybersecurity Act (Cap. 50A);
“court” means the Court of Appeal, the High Court, a District Court or a Magistrate’s Court, as the case may be, which exercises criminal jurisdiction;
“criminal record” means the record of any —
(a)
conviction in any court, or subordinate military court established under section 80 of the Singapore Armed Forces Act (Cap. 295);
(b)
order made under section 34(2) of the Misuse of Drugs Act (Cap. 185);
(c)
supervision order made under section 16 of the Intoxicating Substances Act (Cap. 146A);
(d)
order made under section 30 of the Criminal Law (Temporary Provisions) Act (Cap. 67); and
(e)
order as may be prescribed by the Minister charged with the responsibility for home affairs to be a criminal record for the purposes of this Code;
“financial institution” has the same meaning as in section 2 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A);
“fine” means any fine or financial penalty imposed by any court upon any conviction of any offence;
“Judge” means a Judge of the High Court and includes the Chief Justice and any person appointed to exercise the powers of a Judge;
“Judge of Appeal” includes the Chief Justice and a Judge of the High Court sitting as a judge of the Court of Appeal under section 29(3) of the Supreme Court of Judicature Act (Cap. 322);
“judicial proceeding” means any proceeding in the course of which evidence is or may be legally taken by a court;
“juvenile” means a person who, in the absence of legal proof to the contrary, is 7 years of age or above and below the age of 16 years in the opinion of the court;
“law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law;
“life imprisonment” means imprisonment for the duration of a person’s natural life;
“non-arrestable offence” and “non-arrestable case” mean, respectively, an offence for which and a case in which a police officer may not ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law;
“offence” means an act or omission punishable by any written law;
“place” includes —
(a)
any building or structure, whether permanent or temporary;
(b)
any land, whether or not built on;
(c)
any place, whether or not enclosed, and whether or not situated underground or underwater;
(d)
any vessel, aircraft, train, or vehicle (whether mechanically propelled or otherwise) or any other means of transport; and
(e)
any part of any place referred to in paragraphs (a) to (d);
“police officer” has the same meaning as in the Police Force Act (Cap. 235);
“police station” includes —
(a)
any office or branch of the Criminal Investigation Department;
(b)
the Radio Division of the Singapore Police Force;
(c)
any place designated by the Commissioner of Police as a police station; and
(d)
any other place designated by the Minister charged with the responsibility for home affairs as a police station;
“Postal Authority” and “public postal licensee” have the same meanings as in section 2 of the Postal Services Act (Cap. 237A);
“proceeding” includes a committal hearing, criminal case disclosure conference and a pre-trial conference, held under Part IX or X, as the case may be;
“property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property;
“public body” means —
(a)
the Government or any department, office or service of the Government; or
(b)
any corporation, authority, board, council, commission, office or other body established by or under any public Act for a public purpose;
“Registrar of the Subordinate Courts” includes a Deputy Registrar of the Subordinate Courts;
“Registrar of the Supreme Court” includes the Deputy Registrar and an Assistant Registrar of the Supreme Court;
“repealed Code” means the Criminal Procedure Code (Cap. 68, 1985 Ed.) repealed by this Code;
“signed” or “signature” and its grammatical variations, in relation to documents signed by a person who is a Judge of the Supreme Court, the Registrar of the Supreme Court, the Registrar of the Subordinate Courts, a District Judge or a Magistrate, shall have the same meaning as defined in section 2 of the Electronic Transactions Act (Cap. 88);
“stolen property” has the same meaning as in section 410 of the Penal Code (Cap. 224);
“Subordinate Court” means any court constituted under the Subordinate Courts Act (Cap. 321) for the administration of criminal justice;
“travel document” means a passport and includes any document issued by any State (including Singapore) or territory for the purpose of facilitating travel by the holder thereof;
“writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form, whether permanent or otherwise.
(2)  Words and expressions used in this Code which are defined in the Penal Code but not defined in this section shall have the same meanings given to them by the Penal Code.
Service of notices, orders and documents
3.
—(1)  Any notice, order or document (other than a summons or a notice to attend court issued under this Code) required or permitted to be served on a person under this Code may be served on that person —
(a)
by delivering it personally to that person;
(b)
by addressing it to that person and delivering it at the last known residential address of that person to an adult person who is a member of his family;
(c)
by addressing it to that person and delivering it at the last known business address of that person to his employee or by addressing it to his advocate (if any) and delivering it to the advocate at the advocate’s office;
(d)
by sending it by registered post addressed to that person at his last known residential or business address, or sending it by registered post addressed to his advocate (if any) at the advocate’s office;
(e)
by addressing it to that person and transmitting it by facsimile to his last known facsimile number, or addressing it to his advocate (if any) and transmitting it by facsimile to the advocate’s office facsimile number;
(f)
by leaving it at his last known residential or business address, if service cannot be effected under paragraphs (a) to (e);
(g)
in the case of a body corporate or a limited liability partnership —
(i)
by delivering it to the director, manager or secretary, or other like officer of the body corporate or limited liability partnership, at its registered office or principal place of business;
(ii)
by delivering it to the advocate (if any) of the body corporate or limited liability partnership at the advocate’s office;
(iii)
by sending it by registered post addressed to the body corporate or limited liability partnership at the registered office or principal place of business of the body corporate or limited liability partnership;
(iv)
by sending it by registered post addressed to the advocate (if any) of the body corporate or limited liability partnership at the advocate’s office;
(v)
by addressing it to that body corporate or limited liability partnership and transmitting it to the last known facsimile number of the body corporate or limited liability partnership; or
(vi)
by addressing it to the advocate (if any) of the body corporate or limited liability partnership and transmitting it by facsimile to the advocate’s office facsimile number;
(h)
in the case of a partnership other than a limited liability partnership —
(i)
by delivering it to any one of the partners or the secretary, or other like officer of the partnership, at its registered office or principal place of business;
(ii)
by delivering it to the advocate (if any) of the partnership at the advocate’s office;
(iii)
by sending it by registered post addressed to the partnership at the registered office or principal place of business of the partnership;
(iv)
by sending it by registered post addressed to the advocate (if any) of the partnership at the advocate’s office;
(v)
by addressing it to that partnership and transmitting it to the last known facsimile number of the partnership; or
(vi)
by addressing it to the advocate (if any) of the partnership and transmitting it by facsimile to the advocate’s office facsimile number;
(i)
in the case of an unincorporated association —
(i)
by delivering it to the president, the secretary or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee, at the address of the unincorporated association;
(ii)
by delivering it to the advocate (if any) of the unincorporated association at the advocate’s office;
(iii)
by sending it by registered post addressed to the unincorporated association at the address of the unincorporated association;
(iv)
by sending it by registered post addressed to the advocate (if any) of the unincorporated association at the advocate’s office;
(v)
by addressing it to that unincorporated association and transmitting it to the last known facsimile number of the unincorporated association; or
(vi)
by addressing it to the advocate (if any) of the unincorporated association and transmitting it by facsimile to the advocate’s office facsimile number; or
(j)
by any other prescribed method.
(2)  In the case of service under subsection (1)(a), the person to whom the notice, order or document is served must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip.
(3)  In the case of service under subsection (1)(b) and (c), the family member or employee to whom the notice, order or document is delivered must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip and writing down his name, age, identity card or passport number, contact details and relationship to the person on whom the notice, order or document is intended to be served.
(4)  In the case of service under subsection (1)(g)(i), (h)(i) and (i)(i), the person to whom the notice, order or document is delivered must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip and writing down his name, age, identity card or passport number, contact details and position in the body corporate, limited liability partnership, partnership or unincorporated association, as the case may be, on which the notice, order or document is intended to be served.
(5)  A reference in this Code to service by registered post is a reference to a postal service that records the posting and delivery of mail by the Postal Authority or public postal licensee.
(6)  When a notice, order or document is served under this section, an affidavit of such service purporting to be made by the process server before an officer authorised to administer an oath shall be admissible in evidence.
Trial of offences under Penal Code or other laws
4.
—(1)  Offences under the Penal Code (Cap. 224) must be inquired into and tried according to this Code.
(2)  Offences under any other written law must also be inquired into and tried according to this Code, subject to any law regulating the manner or place of inquiring into or trying those offences.
Saving of powers of Supreme Court and law officers
5.  Nothing in this Code shall derogate from the jurisdiction or powers of the Court of Appeal or the High Court or the Judges thereof, or the Attorney-General or the Solicitor-General.
Where no procedure is provided
6.  As regards matters of criminal procedure for which no special provision has been made by this Code or by any other law for the time being in force, such procedure as the justice of the case may require, and which is not inconsistent with this Code or such other law, may be adopted.
PART II
CRIMINAL JURISDICTION OF SUBORDINATE COURTS
Criminal jurisdiction of Magistrates’ Courts
7.
—(1)  Subject to this Code, Magistrates’ Courts shall have jurisdiction and power to —
(a)
try any offence for which the maximum term of imprisonment provided by law does not exceed 5 years or which is punishable with a fine only;
(b)
conduct a committal hearing into any offence with a view to committal for trial by the High Court;
(c)
inquire into a complaint of any offence and summon and examine any witness who may give evidence relating to such offence;
(d)
summon, apprehend and issue warrants for the apprehension of criminals and offenders, and deal with them according to law;
(e)
issue a warrant to search or cause to be searched any place wherein any stolen goods or any goods, article or thing with which or in respect of which any offence has been committed is alleged to be kept or concealed;
(f)
require any person to furnish security for keeping the peace or for his good behaviour according to law; and
(g)
do any other thing that Magistrates’ Courts are empowered to do under this Code or any other written law.
(2)  The jurisdiction and powers conferred on Magistrates’ Courts under subsection (1)(a) and (b) must be exercised by a Magistrate sitting in a court house of the Magistrate’s Court or at such other place as may be prescribed.
(3)  The jurisdiction and powers conferred on Magistrates’ Courts under subsection (1)(c) to (g) may be exercised by a Magistrate at any place in Singapore.
Criminal jurisdiction of District Courts
8.
—(1)  District Courts shall have jurisdiction and power to try any offence for which the maximum term of imprisonment provided by law does not exceed 10 years or which is punishable with a fine only.
(2)  Every District Court shall have in the exercise of its jurisdiction all the powers of a Magistrate’s Court.
Enlargement of jurisdiction of Subordinate Courts
9.
—(1)  Where an offence is triable by a District Court but not by a Magistrate’s Court, the Public Prosecutor may in writing authorise a Magistrate’s Court in any particular case to try the offence.
(2)  Notwithstanding section 7(1), a Magistrate’s Court may try any offence —
(a)
under the Penal Code (Cap. 224), if the offence is shown to be triable by a Magistrate’s Court in the seventh column of the First Schedule; or
(b)
under any law other than the Penal Code, if the offence is shown to be triable by a Magistrate’s Court under that law.
(3)  Notwithstanding section 8(1), a District Court may try any offence other than an offence punishable with death —
(a)
if that offence (which is one under the Penal Code) is shown to be triable by a District Court in the seventh column of the First Schedule;
(b)
if that offence (which is one under any law other than the Penal Code) is shown to be triable by a District Court under that law; or
(c)
if the Public Prosecutor applies to the District Court to try such offence, and the accused consents, or if more than one are charged together with the same offence, all such accused persons consent.
(4)  Nothing in this section shall be construed as enlarging the power conferred on the Magistrate’s Court or District Court under section 303.
Consent required for prosecution of certain offences
10.
—(1)  A prosecution for —
(a)
an offence under section 172 to 188, 193 to 196, 199, 200, 205 to 211, 228, 376C, 376G or 505 of the Penal Code (Cap. 224);
(b)
an offence under Chapter VA, VI (except section 127) or XVIII of the Penal Code;
(c)
an offence under Chapter XXI of the Penal Code; or
(d)
an abetment of, or an attempt to commit, any offence referred to in paragraphs (a), (b) and (c),
must not be instituted except with the consent of the Public Prosecutor.
(2)  A person may be charged or arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or released on bail, notwithstanding that the consent of the Public Prosecutor has not been obtained, but the case shall not be further prosecuted until that consent has been obtained.
(3)  When a person is brought before a court before the Public Prosecutor has consented to the prosecution, the charge shall be explained to him but he shall not be called upon to plead.
(4)  The consent of the Public Prosecutor —
(a)
need not refer to a particular offence but may be expressed in general terms; and
(b)
must as far as practicable specify the place in which and the occasion on which the offence was committed.
(5)  No consent shall remain in force unless acted upon within one month from the date on which it was given.
(6)  Subsections (2) to (5) shall also apply in respect of every consent of the Public Prosecutor which is required to be obtained under any other written law before proceedings in respect of an offence may be instituted.
PART III
POWERS OF ATTORNEY-GENERAL
AND PUBLIC PROSECUTOR
Public Prosecutor
11.
—(1)  The Attorney-General shall be the Public Prosecutor and shall have the control and direction of criminal prosecutions and proceedings under this Code or any other written law.
(2)  The Solicitor-General shall have all the powers of a Deputy Public Prosecutor and shall act as Public Prosecutor when the Attorney-General is absent or unable to act.
(3)  Subject to this section, the Public Prosecutor may appoint any officer or other person to act as a Deputy Public Prosecutor or an Assistant Public Prosecutor in carrying out any of the duties of the Public Prosecutor under this Code or under any other written law, and may assign any of those duties to a Deputy Public Prosecutor or an Assistant Public Prosecutor.
(4)  The Public Prosecutor may authorise in writing one or more Deputy Public Prosecutors —
(a)
to give any consent, fiat, order, authorisation, permission, instruction or direction; or
(b)
to make any application or requisition,
on behalf of the Public Prosecutor that is required by this Code or any other written law for —
(i)
the trial of an offence before any court, tribunal or authority;
(ii)
the forfeiture, confiscation, destruction or disposal of property; or
(iii)
the exercise by any police officer of the powers of investigation under this Code,
as the case may be.
(5)  The Public Prosecutor, the Solicitor-General or a Deputy Public Prosecutor may authorise any person, on such terms and conditions as he thinks fit, to act for the Public Prosecutor in the conduct of a case or prosecution in court or in any part of such conduct.
(6)  Any proceeding before the High Court must be conducted by the Public Prosecutor, the Solicitor-General, a Deputy Public Prosecutor, an Assistant Public Prosecutor, or a person authorised under subsection (5) who is an advocate.
(7)  No person shall appear on behalf of the Public Prosecutor in any criminal appeal, or any case stated or criminal reference under Division 2 of Part XX, other than the Solicitor-General, a Deputy Public Prosecutor, or a person authorised under subsection (5) who is an advocate.
(8)  Subject to subsections (9) and (10), any proceeding relating to a criminal matter before a Subordinate Court must be conducted only by the Public Prosecutor, the Solicitor-General, a Deputy Public Prosecutor, an Assistant Public Prosecutor, or any other person authorised under subsection (5).
(9)  An officer of a public body, or an advocate acting on behalf of that public body, may with the authorisation of the Public Prosecutor, conduct any prosecution in summary cases before a Magistrate’s Court.
(10)  A private person may appear in person or by an advocate to prosecute in summary cases before a Magistrate’s Court for any offence for which the maximum term of imprisonment provided by law does not exceed 3 years or which is punishable with a fine only.
Public Prosecutor’s fiat
12.
—(1)  Notwithstanding any provision in this Code, the Public Prosecutor may by fiat, and on such terms and conditions as he thinks fit, permit any person to prosecute, on the person’s own behalf, any particular offence punishable under the Penal Code (Cap. 224) or any other written law, or to pursue any further proceedings in such prosecution.
(2)  The person to whom the fiat is granted under subsection (1) may either appear in person or by an advocate.
Public Prosecutor’s power to take over conduct of prosecution, etc.
13.  Where a prosecution is conducted by a person other than the Public Prosecutor, the Solicitor-General, a Deputy Public Prosecutor or an Assistant Public Prosecutor, the Public Prosecutor may, if he thinks fit, take over the conduct of the prosecution at any stage of the proceedings and continue or discontinue the prosecution.
PART IV
INFORMATION TO POLICE AND POWERS OF INVESTIGATION
Division 1 — Duties of police officer
on receiving information about offences
Information about offences received by police
14.
—(1)  When information is first received at a police station about an offence, the recording officer must proceed in accordance with this section.
(2)  If the information is in writing, the recording officer must —
(a)
if practicable, immediately mark on it the date and time of receipt at the police station and the name and address of the person who gave the information; and
(b)
if the information appears to be signed by the informant, file it as a report.
(3)  If the information is given orally and the recording officer considers it practicable to reduce it to writing immediately, he must ensure that all of the following are recorded in a report:
(a)
the date and time of his receipt of the information;
(b)
the name and address of the informant;
(c)
the information given by the informant;
(d)
such other particulars as the nature of the case may require.
(4)  The informant, the recording officer and the interpreter (if any) must, where practicable, sign the report referred to in subsection (3).
(5)  If the information is given orally and it is impracticable for the recording officer to write it down immediately, he must —
(a)
make a note of the first information; and
(b)
if the offence to which the information relates is an arrestable offence, cause to be recorded, as soon as possible, a fuller statement from the informant under section 22.
(6)  If requested, the recording officer must give a copy of the information recorded under this section to the informant upon payment of the prescribed fee.
(7)  The Minister charged with the responsibility for home affairs may prescribe the mode by which information about an offence may be received or given under this section and section 15.
(8)  In this section, “recording officer” means the officer in charge of a police station or any police officer whose duty includes receiving reports relating to the commission of any offence.
Information about offences received by authorised persons
15.
—(1)  When information about an offence is given to any authorised person —
(a)
that person shall immediately record the information in a report and communicate that report to the officer in charge of a police station or any police officer whose duty includes dealing with reports relating to the commission of any offence; and
(b)
that officer must then proceed in accordance with section 16 or 17.
(2)  If requested, the officer referred to in subsection (1) must give a copy of the information recorded under this section to the informant upon payment of the prescribed fee.
(3)  In this section, “authorised person” means any person, not being a police officer, who is authorised by the Commissioner of Police to receive reports relating to the commission of any offence.
Procedure in non-arrestable cases
16.
—(1)  Where the information so filed or recorded under section 14 or 15 relates to a non-arrestable offence —
(a)
the case shall thereupon be investigated by a police officer;
(b)
the informant shall, by order of a police officer, be referred to a Magistrate; or
(c)
a police officer may refer the case to a mediator of a Community Mediation Centre, established under the Community Mediation Centres Act (Cap. 49A), for mediation.
(2)  In investigating such a case, a police officer may, by order of the Public Prosecutor or a Magistrate, exercise any of the special powers of investigation under sections 21, 22, 34, 39 and 111.
(3)  A police officer receiving an order of the Public Prosecutor or a Magistrate as referred to in subsection (2) may also exercise the same powers in respect of the investigation as he may exercise without an order in an arrestable case, except the power to arrest without warrant.
(4)  Any informant referred to a Magistrate under subsection (1) shall be supplied with a copy of any report filed or recorded under section 14 or 15 on which shall be endorsed the name of the police station or place at which the information was so filed or recorded.
(5)  A police officer must record his reasons if he decides not to investigate into any non-arrestable case.
Procedure when arrestable offence is suspected
17.
—(1)  If, from information received or otherwise, a police officer has reason to suspect that an arrestable offence has been committed at any place, the police officer must, or if he is unable to attend to the case, another police officer acting in his place must —
(a)
go as soon as practicable to the place to investigate the facts and circumstances of the case; and
(b)
try to find the offender and, if appropriate, arrest the offender and report the case to the Public Prosecutor.
(2)  Notwithstanding subsection (1) —
(a)
if the police officer has reason to believe that the case is not of a serious nature, there shall be no need to go to the place to investigate the facts and circumstances of the case; or
(b)
if the police officer has reason to believe that there are insufficient grounds for proceeding with the matter, he shall not do so.
(3)  In each of the cases mentioned in subsection (2)(a) and (b), the police officer receiving the information shall state in his report his reason for not fully complying with subsection (1).
Investigation in arrestable cases
18.
—(1)  A police officer may exercise all or any of the special powers of investigation under sections 21, 22, 34, 39 and 111 when investigating any arrestable case.
(2)  The action of a police officer in such a case may not be called into question at any time on the ground that he lacked authority under this section to exercise the special powers of investigation under sections 21, 22, 34, 39 and 111.
Diary of proceedings in investigation
19.
—(1)  A police officer conducting any investigation under this Part must keep a daily diary of his progress, setting out —
(a)
the time at which any order for investigation reached him;
(b)
the times at which he began and closed his investigation;
(c)
the places he visited; and
(d)
the findings of his investigation.
(2)  Notwithstanding anything in the Evidence Act (Cap. 97), an accused is not entitled to call for or inspect such a diary before or during an inquiry, a trial or other proceeding under this Code.
(3)  Where, for the purposes of section 161 or 162 of the Evidence Act, the police officer conducting the investigation refers to such a diary, then —
(a)
the accused may be shown only the entries in the diary that the officer or prosecutor has referred to; and
(b)
the prosecutor must conceal or obliterate any other entries.
Power to order production of any document or other thing
20.
—(1)  Where a police officer of or above the rank of sergeant considers that a document or other thing (other than a document or thing in the custody of a Postal Authority or public postal licensee) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, he may issue a written order to the person in whose possession or power the document or thing is believed to be, to require that person —
(a)
to produce the document or thing at the time and place stated in the order; or
(b)
to give a police officer access to such document or thing.
(2)  Notwithstanding subsection (1), a written order under that subsection for the production of customer information by a financial institution, or access to customer information kept by a financial institution —
(a)
must only be made by a police officer of or above the rank of inspector; and
(b)
may require the financial institution to monitor any account of a customer of the financial institution for a period of time and provide such information relating to the transactions carried out in the account during that period.
(3)  If any document or thing in the custody of a Postal Authority or a public postal licensee is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, he may require the Postal Authority or public postal licensee to deliver that document or thing to the person whom the Public Prosecutor so requires it to be delivered.
(4)  If a person is required merely to produce any document or thing, he may comply with such requirement by causing the document or thing to be produced instead of bringing it in person.
(5)  A police officer may exercise the powers conferred under this section notwithstanding any provision in any other law relating to the production of, or the giving of any access to, any document or thing.
(6)  In this section, “customer information” has the same meaning as in section 40A of the Banking Act (Cap. 19).
Power to require attendance of witnesses
21.
—(1)  In conducting an investigation under this Part, a police officer may issue a written order requiring anyone within the limits of Singapore, who appears to be acquainted with any of the facts and circumstances of the case, to attend before him, and that person must attend as required.
(2)  If that person fails to attend as required, the police officer may report the matter to a Magistrate who may then, in his discretion, issue a warrant ordering the person to attend.
Power to examine witnesses
22.
—(1)  In conducting an investigation under this Part, a police officer may examine orally any person who appears to be acquainted with any of the facts and circumstances of the case —
(a)
whether before or after that person or anyone else is charged with an offence in connection with the case; and
(b)
whether or not that person is to be called as a witness in any inquiry, trial, or other proceeding under this Code in connection with the case.
(2)  The person examined shall be bound to state truly what he knows of the facts and circumstances of the case, except that he need not say anything that might expose him to a criminal charge, penalty or forfeiture.
(3)  A statement made by any person examined under this section must —
(a)
be in writing;
(b)
be read over to him;
(c)
if he does not understand English, be interpreted for him in a language that he understands; and
(d)
be signed by him.
Cautioned statements
23.
—(1)  If, during an investigation, a person (referred to in this section as the accused) is charged with an offence or informed by a police officer or any other person charged with the duty of investigating offences or charging offenders that he may be prosecuted for an offence, he must be served with and have read to him a notice in writing as follows:
You have been charged with [or informed that you may be prosecuted for] —
(set out the charge).
Do you want to say anything about the charge that was just read to you? If you keep quiet now about any fact or matter in your defence and you reveal this fact or matter in your defence only at your trial, the judge may be less likely to believe you. This may have a bad effect on your case in court. Therefore it may be better for you to mention such fact or matter now. If you wish to do so, what you say will be written down, read back to you for any mistakes to be corrected and then signed by you.”.
(2)  If an accused, after the notice under subsection (1) is read to him —
(a)
remains silent; or
(b)
says or does anything which intimates his refusal to give a statement,
the fact of his remaining silent or his refusal to give a statement or his other action must be recorded.
(3)  A statement made by an accused after the notice under subsection (1) is read to him must —
(a)
be in writing;
(b)
be read over to him;
(c)
if he does not understand English, be interpreted for him in a language that he understands; and
(d)
be signed by him.
(4)  No statement made by an accused in answer to a notice read to him under subsection (1) shall be construed as a statement caused by any threat, inducement or promise as is described in section 258(3), if it is otherwise voluntary.
(5)  A copy of a statement recorded under this section must be given to the accused at the end of the recording of such statement.
Division 2 — Search and seizure
When search warrant may be issued
24.
—(1)  A court may issue a search warrant if —
(a)
the court has reason to believe that a person who has been or may be issued an order under section 20(1), or a requisition under section 20(3), or a summons under section 235(1), would not produce the document or other thing as required by the order, requisition or summons;
(b)
it is not known who possesses that document or thing; or
(c)
the court considers that a general or specific search or inspection will serve the purposes of justice or of any investigation, inquiry, trial or other proceeding under this Code.
(2)  Nothing in this section shall authorise any court other than the High Court to grant a warrant to search for a document in the custody of the Postal Authority or a public postal licensee.
Search of house suspected to contain stolen property, forged documents, etc.
25.  If a court, upon information and after such inquiry as it thinks necessary, has reason to believe that any place is used —
(a)
for the deposit or sale of stolen property or of property unlawfully obtained or of goods in respect of which an offence has been committed under section 4, 5 or 6 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act (Cap. 53);
(b)
for the deposit or sale or manufacture of any forged document, false seal, counterfeit stamp or coin, or any instrument or material for counterfeiting any coin or stamp or for forging; or
(c)
for the concealing, keeping or depositing of any stolen property or property unlawfully obtained, forged document, false seal, counterfeit stamp or coin, or any instrument or material used for counterfeiting any coin or stamp or for forging,
the court may by warrant authorise the person or persons to whom it is issued —
(i)
to enter that place with such assistance as may be required;
(ii)
to search it in the manner, if any, specified in the warrant;
(iii)
to take possession of any goods, property, document, seal, stamp or coin found in it which any of those persons reasonably suspects to be the subject of an offence committed under section 4, 5 or 6 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act or to be stolen, unlawfully obtained, forged, false or counterfeit, and also of any such instrument and material as aforesaid;
(iv)
to convey any such goods, property, document, seal, stamp, coin, instrument or material before a Magistrate’s Court, or to guard the same on the spot until the offender is taken before a Magistrate’s Court, or otherwise to dispose thereof in some place of safety; and
(v)
to take into custody and produce before a Magistrate’s Court every person found in that place who appears to have been privy to the deposit, sale or manufacture or keeping of any such goods, property, document, seal, stamp, coin, instrument or material knowing or having reasonable cause to suspect —
(A)
the goods to have been the subject of an offence committed under section 4, 5 or 6 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act;
(B)
the property to have been stolen or otherwise unlawfully obtained;
(C)
the document, seal, stamp or coin to have been forged, falsified or counterfeited; or
(D)
the instrument or material to have been or to be intended to be used for counterfeiting any coin or stamp or for forging.
Form of search warrant
26.
—(1)  A search warrant issued by a court under this Code must be in writing bearing the seal of the court, and signed by a Magistrate or District Judge, as the case may be, or in the case of the High Court, by a Judge of the High Court or by the Registrar of the Supreme Court.
(2)  A search warrant must ordinarily be issued to the Commissioner of Police and to one or more other police officers to be designated by name in the warrant, and all or any of those police officers may execute it.
(3)  The court may in appropriate circumstances issue a search warrant to one or more named persons who are not police officers, and all or any of those persons may execute it.
(4)  The court may, if it thinks fit, specify in a search warrant the particular place or part of it to be searched or inspected, and the person charged with executing the warrant must then search or inspect only the specified place or part thereof.
(5)  A search warrant is subject to such conditions as may be specified by the court and shall remain in force for the number of days stated in the warrant.
Setting aside search warrant
27.
—(1)  A court issuing a search warrant may suspend or cancel the warrant if there are good reasons to do so.
(2)  Where a search warrant is suspended or cancelled, the court must as soon as is reasonably practicable, inform the person or persons to whom the search warrant is issued of the suspension or cancellation.
When search warrant issued to person other than police officer
28.
—(1)  The court must specify the following conditions in every search warrant issued under section 26(3):
(a)
a list or description of the documents or things, or class of documents or things, that the person executing the search warrant may seize pursuant to the search;
(b)
whether section 31(2) applies, and if so, the extent of its application; and
(c)
the amount of bond that the person executing the warrant must sign to ensure that the warrant is properly executed and the peace is kept.
(2)  The court may, in addition to the conditions in subsection (1), specify in any search warrant issued under section 26(3) such conditions as it deems necessary for the proper execution of the warrant and the prevention of any breach of the peace.
Execution of search warrant
29.
—(1)  The person granted a search warrant must conduct the search in accordance with the warrant and with this Code.
(2)  Entry and search under a search warrant must be conducted during such period of time as may be specified in the warrant.
(3)  If the occupier of a place to be entered and searched is present when the person granted the search warrant seeks to execute it, the person granted the warrant must —
(a)
identify himself to the occupier and —
(i)
if he is a police officer, show the occupier documentary evidence that he is such a police officer; or
(ii)
if he is not a police officer, show the occupier his original identity card or travel document as proof of his identity;
(b)
show the occupier the warrant; and
(c)
if requested, give the occupier a copy of the warrant.
(4)  If the occupier is not present when the person granted the search warrant seeks to execute it, but some other person who appears to be in charge of the place is present, then subsection (3) applies to that other person as if he were the occupier.
(5)  If a search warrant is issued by a court under section 26(3), the person issued the warrant must, after duly executing the warrant, report that fact to the court and submit the list prepared under section 37(1).
Search for person wrongfully confined
30.
—(1)  A court may issue a search warrant if there is reason to believe that a person is confined under such circumstances that the confinement amounts to an offence.
(2)  The police officer or person granted the search warrant may search for the confined person in accordance with the terms of the warrant.
(3)  The confined person, if found, must as soon as reasonably practicable, be taken before the court, and the court shall make an order that is appropriate in the circumstances.
(4)  If information is given to a police officer that there is reasonable cause for suspecting that any person is unlawfully confined in a place, and he has reason to believe that a delay in obtaining a search warrant is likely to adversely affect the rescue of the confined person or the arrest of the person responsible for confining the confined person, that police officer may immediately proceed to enter and search the place without a search warrant.
Person in charge of closed place to allow search
31.
—(1)  Where a police officer or other person executing any search under this Division demands entry or access to a place liable to search under this Division, the occupier or any person in charge of the place must allow him free entry or access and provide all reasonable facilities for a search in it.
(2)  If free entry or access to that place cannot be obtained under subsection (1), it shall be lawful in any case for the police officer or other person executing the search warrant to break open any outer or inner door or window of any place or to use any other reasonable means in order to gain entry or access into the place.
Search without warrant for stolen property
32.
—(1)  If information is given to any police officer of or above the rank of sergeant that there is reasonable cause for suspecting that any stolen property is concealed or lodged in any place and he has good grounds for believing that by reason of the delay in obtaining a search warrant such property is likely to be removed, he may search for the property alleged to have been stolen in the place specified without a search warrant.
(2)  A list of all the articles found upon a search conducted under subsection (1) and alleged to have been stolen or missing shall be delivered or taken down in writing with a declaration stating that an offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating has been committed and that the informant has good grounds for believing that the property is deposited in that place.
(3)  The person who lost the property or his representative shall accompany the officer in the search for that property under subsection (1) unless that person or his representative cannot be found without unreasonable delay.
Summary search
33.
—(1)  The Commissioner of Police may authorise any police officer in writing to enter any place in the circumstances mentioned in subsection (2) to search, seize and secure any property which the police officer believes to have been stolen as if the police officer had a search warrant for the property seized.
(2)  The circumstances referred to in subsection (1) are —
(a)
when the place to be searched is, or has in the 12 months preceding the search been, occupied or used by any person who has been convicted of the offence of receiving stolen property or of harbouring thieves; or
(b)
when the place to be searched is occupied or used by any person who has been convicted of any offence involving fraud or dishonesty punishable with imprisonment.
(3)  In authorising any police officer under subsection (1), it is not necessary for the Commissioner of Police to specify any particular property if he has reason to believe generally that the place to be searched is being made a storage for stolen property.
Search by police officer in arrestable case
34.
—(1)  A police officer investigating an arrestable offence may, without a search warrant, search or cause a search to be made for a document or other thing in any place  if —
(a)
he considers the document or thing to be necessary for his investigation and if he has reason to believe that a person who has been or may be issued with an order under section 20(1) will not or is unlikely to produce the document or thing or give access thereto as directed in the order;
(b)
he has reason to believe that the document or thing, which he considers to be necessary for his investigation, is likely to be removed; or
(c)
it is not known who possesses the document or thing which he considers to be necessary for his investigation.
(2)  The police officer in subsection (1) shall, if reasonably practicable, conduct the search in person.
(3)  The provisions of this Code relating to searches pursuant to search warrants shall, with the necessary modifications, apply to a search made under this section.
Powers to seize property in certain circumstances
35.
—(1)  A police officer may seize, or prohibit the disposal of or dealing in, any property —
(a)
in respect of which an offence is suspected to have been committed;
(b)
which is suspected to have been used or intended to be used to commit an offence; or
(c)
which is suspected to constitute evidence of an offence.
(2)  If the property liable to be seized under subsection (1) is held or suspected to be held in an account or a safe deposit box in a financial institution, a police officer of or above the rank of inspector may, by written order —
(a)
direct the financial institution to deliver the property to any police officer; or
(b)
direct the financial institution not to allow any dealings in respect of the property in such account or safe deposit box for such period as may be specified in the order.
(3)  A police officer to whom any property has been delivered under subsection (2)(a) must, as soon as is reasonably practicable, make a report of his receipt of the property at a police station.
(4)  A police officer may exercise the powers conferred under this section notwithstanding any provision in any other law relating to the seizure of, or the prohibition of any disposal of or dealing in, any property.
(5)  Where any property held in an account in a financial institution is subject to a written order made by a police officer under subsection (2)(b) —
(a)
any interest or other earnings on such account, or any other payments, may be credited into such account after the date on which the written order was made; and
(b)
any such interest, other earnings or payments shall be deemed to be subject to that same written order.
(6)  Any financial institution which contravenes an order made under subsection (2)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.
(7)  A court may —
(a)
subsequent to an order of a police officer made under subsection (2); and
(b)
on the application of any person who is prevented from dealing with property,
order the release of such property or any part of such property.
(8)  The court shall only order a release of property under subsection (7) if it is satisfied that —
(a)
such release is necessary for the payment of basic expenses, including any payment for foodstuff, rent, the discharge of a mortgage, medicine, medical treatment, taxes, insurance premiums and public utility charges;
(b)
such release is necessary exclusively for —
(i)
the payment of reasonable professional fees and the reimbursement of any expenses incurred in connection with the provision of legal services; or
(ii)
the payment of fees or service charges imposed for the routine holding or maintenance of the property which the person is prevented from dealing in;
(c)
such release is necessary for the payment of any extraordinary expenses;
(d)
the property is the subject of any judicial, administrative or arbitral lien or judgment, in which case the property may be used to satisfy such lien or judgment, provided that the lien or judgment arose or was entered before the order was made under subsection (2)(b); or
(e)
such release is necessary, where the person is a company incorporated in Singapore, for any day-to-day operations of the company.
(9)  In this section, property in respect of which an offence is suspected to have been committed and property which is suspected to have been used or intended to be used to commit an offence include —
(a)
such property as was originally in the possession or under the control of any person;
(b)
any property into or for which the property which was originally in the possession or under the control of any person has been converted or exchanged and anything acquired by such conversion or exchange, whether immediately or otherwise; and
(c)
if the property referred to in paragraph (a) or (b) is money kept in an account in a financial institution, any interest or other earnings on such account or any other payment which is credited into such account after the date —
(i)
on which the offence is suspected to have been committed; or
(ii)
on which the property is suspected to have been used or intended to be used to commit an offence.
Forfeiture of counterfeit coin or counterfeit currency note or bank note, etc.
36.
—(1)  Any police officer of or above the rank of sergeant, upon being satisfied that any person has in his possession —
(a)
any counterfeit coin or current coin or any die, instrument or material for the purpose of counterfeiting any coin or current coin; or
(b)
any forged or counterfeit currency note or bank note or any machinery, instrument or material used for the forging or counterfeiting of any currency note or bank note,
may, without warrant and with or without assistance, enter and search any place where any such coin, currency note or bank note or any such die, machinery, instrument or material is kept and seize any such coin, note, die, machinery, instrument or material.
(2)  Anything seized under subsection (1) shall, by order of the court before which any person is tried relating to such possession, or where there is no trial, by order of a Magistrate, be forfeited and shall be destroyed or otherwise disposed of in such manner as the Minister may direct.
(3)  In this section, “coin”, “current coin”, “die” and “instrument” have the same meanings as in the Penal Code (Cap. 224).
List of all things seized to be made and signed
37.
—(1)  A police officer or any other person making a search under this Division must prepare and sign a list of all things seized during the search, recording the location where each such thing is found.
(2)  In every case, the occupier or person in charge of the place searched, or a person acting on his behalf, may attend during the search, and must be given a signed copy of the list.
Power of court to impound document or other thing produced
38.  A court may, if it thinks fit, impound any document or other thing taken under this Code and produced before it.
Power to access computer
39.
—(1)  A police officer or an authorised person, investigating an arrestable offence, may at any time —
(a)
access, inspect and check the operation of a computer that he has reasonable cause to suspect is or has been used in connection with the arrestable offence; or
(b)
use or cause to be used any such computer to search any data contained in or available to such computer.
(2)  The police officer or authorised person may also require any assistance he needs to gain such access from —
(a)
any person whom he reasonably suspects of using the computer in connection with the arrestable offence or of having used it in this way; or
(b)
any person having charge of, or otherwise concerned with the operation of, such computer.
(3)  Any person who obstructs the lawful exercise by a police officer or an authorised person of the powers under subsection (1), or who fails to comply with any requirement of the police officer or authorised person under subsection (2), 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 6 months or to both.
(4)  An offence under subsection (3) shall be an arrestable offence.
(5)  A person who had acted in good faith under subsection (1) or in compliance with a requirement under subsection (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act.
(6)  In this section and section 40, “authorised person” means a person authorised in writing by the Commissioner of Police for the purposes of this section or section 40 or both.
Power to access decryption information
40.
—(1)  For the purposes of investigating an arrestable offence, the Public Prosecutor may by order authorise a police officer or an authorised person to exercise, in addition to the powers under section 39, all or any of the powers under this section.
(2)  The police officer or authorised person referred to in subsection (1) shall be entitled to —
(a)
access any information, code or technology which has the capability of retransforming or unscrambling encrypted data into readable and comprehensible format or text for the purposes of investigating the arrestable offence;
(b)
require —
(i)
any person whom he reasonably suspects of using a computer in connection with an arrestable offence or of having used it in this way; or
(ii)
any person having charge of, or otherwise concerned with the operation of, such computer,
to provide him with such reasonable technical and other assistance as he may require for the purposes of paragraph (a); and
(c)
require any person whom he reasonably suspects to be in possession of any decryption information to grant him access to such decryption information as may be necessary to decrypt any data required for the purposes of investigating the arrestable offence.
(3)  Any person who obstructs the lawful exercise by a police officer or an authorised person of the powers under subsection (2)(a) or who fails to comply with any requirement of the police officer or authorised person under subsection (2)(b) or (c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
(4)  Where a person is convicted of an offence under subsection (3) and it is shown that the encrypted data contains evidence relevant to the planning, preparation or commission of a specified serious offence, he shall, in lieu of the punishment prescribed under subsection (3) —
(a)
be liable to be punished with the same punishment prescribed for that specified serious offence, except that the punishment imposed shall not exceed a fine of $50,000 or imprisonment for a term not exceeding 10 years or both; or
(b)
be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both where the specified serious offence is punishable on conviction with death or imprisonment for life.
(5)  For the purposes of subsection (4) but subject to subsection (6), “specified serious offence” means an offence under any of the following written laws:
(a)
any written law which provides for any offence involving the causing of death or bodily harm;
(b)
any written law relating to actions or the threat of actions prejudicial to national security;
(c)
any written law relating to radiological or biological weapons;
(d)
the Arms and Explosives Act (Cap. 13);
(e)
the Chemical Weapons (Prohibition) Act (Cap. 37B);
(f)
the Corrosive and Explosive Substances and Offensive Weapons Act (Cap. 65);
(g)
the Hijacking of Aircraft and Protection of Aircraft and International Airports Act (Cap. 124);
(h)
the Kidnapping Act (Cap. 151);
(i)
the Maritime Offences Act (Cap. 170B);
(j)
the Official Secrets Act (Cap. 213);
(k)
the Protected Areas and Protected Places Act (Cap. 256);
(l)
the Statutory Bodies and Government Companies (Protection of Secrecy) Act (Cap. 319);
(m)
the Strategic Goods (Control) Act (Cap. 300);
(n)
the Terrorism (Suppression of Financing) Act (Cap. 325);
(o)
the United Nations (Anti-Terrorism Measures) Regulations (Cap. 339, Rg 1); and
(p)
such other written law as the Minister may, by order published in the Gazette, specify.
(6)  No offence shall be a specified serious offence for the purposes of subsection (4) unless the maximum punishment prescribed for that offence, whether for a first or subsequent conviction, is —
(a)
imprisonment for a term of 5 years or more;
(b)
imprisonment for life; or
(c)
death.
(7)  In proceedings against any person for an offence under this section, if it is shown that that person was in possession of any decryption information at any time before the time of the request for access to such information, that person shall be presumed for the purposes of those proceedings to have continued to be in possession of that decryption information at all subsequent times, unless it is shown that the decryption information —
(a)
was not in his possession at the time the request was made; and
(b)
continued not to be in his possession after the request was made.
(8)  A person who had acted in good faith or in compliance with a requirement under subsection (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act.
(9)  In this section —
“data” means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer;
“decryption information” means information, code or technology or part thereof that enables or facilitates the retransformation or unscrambling of encrypted data from its unreadable and incomprehensible format to its plain text version;
“encrypted data” means data which has been transformed or scrambled from its plain text version to an unreadable or incomprehensible format, regardless of the technique utilised for such transformation or scrambling and irrespective of the medium in which such data occurs or can be found for the purposes of protecting the content of such data;
“plain text version” means the original data before it has been transformed or scrambled to an unreadable or incomprehensible format.
PART V
PREVENTION OF OFFENCES
Division 1 — Security for keeping peace
and for good behaviour
Security for keeping peace on conviction
41.
—(1)  When a person is charged with and convicted of —
(a)
rioting, assault or any other breach of the peace or abetting any such offence;
(b)
an offence under section 143, 144, 145, 153, 504 or 510 of the Penal Code (Cap. 224) or under section 13A, 13B, 13C or 13D of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap. 184);
(c)
assembling armed men or taking other unlawful measures for such purpose; or
(d)
committing criminal intimidation by threatening injury to any person or property,
and the court before which he is convicted believes that that person must execute a bond for keeping the peace, then the court may, at the time of passing sentence on that person, or instead of any sentence, order him to execute a bond for a sum proportionate to his means, with or without sureties, for keeping the peace for a period not exceeding 2 years.
(2)  If the conviction is set aside on appeal or otherwise, the bond so executed becomes void.
Security for keeping peace by complainant
42.
—(1)  If, during or after a trial, the court considers that a complainant is or has been behaving in such a way that he should be ordered to execute a bond to keep the peace, the court may require him to show cause why he should not be ordered to execute a bond to keep the peace for a period not exceeding 2 years.
(2)  The evidence which the court relies on under subsection (1) must be read to the complainant, but it shall not be necessary to recall any witness unless the complainant desires to cross-examine the witness.
(3)  The court may deal with this proceeding either as part of the case out of which it has arisen or as a separate proceeding.
Security for keeping peace generally
43.  If it appears to a court that a person is likely to breach the peace or do a wrongful act that might lead to a breach of the peace, the court may require that person to show cause why he should not be ordered to execute a bond to keep the peace for a period not exceeding 2 years.
Security for good behaviour from suspected offenders, etc.
44.
—(1)  A court may require a person to show cause why he should not be ordered to execute a bond for his good behaviour for a period not exceeding 2 years, if it appears to the court that —
(a)
the person is trying to conceal his presence and there is reason to believe that he is doing so with a view to committing an offence;
(b)
the person has no apparent means of supporting himself or is unable to give a satisfactory account of himself; or
(c)
the person orally or in writing disseminates or tries to disseminate or in any way helps to disseminate —
(i)
any seditious matter, that is to say, any matter whose publication is punishable under the Sedition Act (Cap. 290) or any material which forms the subject matter of a charge under section 267C, 298A or 505 of the Penal Code (Cap. 224); or
(ii)
any matter concerning a Judge or a judicial officer amounting to criminal intimidation or defamation under the Penal Code.
(2)  No proceeding shall be taken under subsection (1)(c) except with the consent of the Public Prosecutor.
Security for good behaviour from habitual offenders
45.  A court may require a person to show cause why he should not be ordered to execute a bond for his good behaviour for a period not exceeding 2 years, if it appears to the court that —
(a)
the person habitually commits offences;
(b)
the person habitually associates with robbers, housebreakers, thieves, prostitutes or people who have no apparent means of subsistence; or
(c)
the person is so desperate or dangerous as to pose a risk to the community when at large.
Order to show cause
46.  Where a court acting under section 43, 44 or 45 considers it necessary to require any person to show cause under the section, it must make an order in writing setting out —
(a)
the information received on which the court is acting;
(b)
the amount of the bond to be executed;
(c)
how long the bond will be in force; and
(d)
the number of sureties, if any, required.
Procedure in respect of person subject to order
47.
—(1)  If the person subject to an order under section 46 is present in court, the order must be read to him or, if he wishes, explained to him.
(2)  If the person subject to the order is not present in court, the court must issue a summons requiring him to appear or, if he is in custody, a warrant instructing the officer in whose custody he is to bring him before the court.
(3)  The court may issue a warrant for a person’s arrest if the court is satisfied that, based on a police officer’s report or other information, there is reason to fear a breach of the peace and that this can be prevented only by the person’s immediate arrest.
(4)  A copy of the order under section 46 must accompany every summons or warrant issued under subsection (2) or (3).
(5)  The copy of the order must be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.
Attendance of person required to execute bond
48.  The court may, if it has good reasons, dispense with the personal attendance of a person subject to an order under section 46, and permit him to appear by an advocate.
Inquiry as to truth of information
49.
—(1)  When an order under section 46 has been read or explained under section 47(1) to a person present in court or when a person appears or is brought before the court in compliance with a summons or in execution of a warrant under section 47, the court must then inquire into the truth of the information on which it has acted and will take further evidence as appears necessary.
(2)  The inquiry must follow as closely as practicable the procedure prescribed in this Code for conducting trials, except that no charge need be framed.
(3)  For the purposes of this section, a person’s habitual offending may be proved by evidence of his general reputation or in other ways.
Order to give security
50.
—(1)  If after an inquiry under section 49, the court is satisfied that the person subject to the order must execute a bond in order to keep the peace or maintain good behaviour, the court must make such order as is appropriate.
(2)  The bond may be with or without sureties and —
(a)
must not be larger than the amount or longer than the period specified in the order made under section 46; and
(b)
the amount of the bond must be fixed with due regard to the circumstances of the case and shall not be excessive but must be such as to afford the person against whom the order is made a fair chance of complying with it.
(3)  If the court is satisfied that a bond is not necessary, the court must release the person subject to the order.
Division 2 — Proceedings following order to provide security
Start of period for which security is required
51.
—(1)  If any person subject to an order under section 41 or 50 is, at the time the order is made, sentenced to or undergoing imprisonment, the period for which the security is required will begin at the end of that sentence.
(2)  In all other cases, the period will begin on the date of the order.
Contents of bond
52.
—(1)  The bond to be executed by any person subject to an order under section 41 or 50 shall, as the case may be, bind him —
(a)
to keep the peace; or
(b)
to be of good behaviour.
(2)  In the case of subsection (1)(b), it is a breach of the bond to commit, attempt to commit or abet the commission of an offence punishable with imprisonment.
Power to reject sureties
53.  A court may, in its discretion, refuse to accept any particular person offered as surety under this Part.
Imprisonment in default of security
54.
—(1)  If a person ordered to give security under section 41 or 50 fails to do so by the date on which the period for the security is to begin, the court may commit him to prison for a period not exceeding the period for which the security is ordered to be given.
(2)  If the person referred to in subsection (1) is already in prison, he shall stay there until the end of the term that the court has determined under subsection (1) or until he gives the security as ordered, whichever is the earlier.
Power to release person imprisoned for failing to give security
55.
—(1)  When a court decides that a person imprisoned for failing to give security under this Part may be released without danger to the community or to another person, the court may order that person to be released.
(2)  A court other than the High Court shall not exercise this power except in cases where the imprisonment is under its own order or that of a similar court.
Discharge of surety
56.
—(1)  Any surety for the peaceable conduct or good behaviour of a person may at any time apply to a court to cancel any bond executed under this Part.
(2)  On receiving the application, the court must issue a summons or warrant, as it thinks fit, requiring the person for whom that surety is bound to appear or to be brought before it.
(3)  When that person comes before the court, the court must cancel the bond and order him to provide adequate security for the remaining term of the bond.
(4)  Every such order referred to in subsection (3) shall be treated as made under section 41 or 50 and in such a case, sections 52 to 55 shall apply accordingly.
Division 3 — Unlawful assemblies
Who may order unlawful assembly to disperse
57.
—(1)  A police officer may command an unlawful assembly or an assembly of 5 or more people likely to cause a disturbance of the public peace to disperse, and the members of the assembly must then disperse.
(2)  Nothing in this Division shall derogate from the powers conferred on any person under the Public Order Act 2009 (Act 15 of 2009).
When unlawful assembly may be dispersed by use of civil force
58.
—(1)  If any such assembly does not disperse as commanded, or shows a determination not to disperse, any police officer may disperse the assembly by force and, if necessary, arrest and confine the participants, and may require any male civilian to help.
(2)  In this section, “civilian” means any person who is not a regular serviceman, full-time national serviceman or operationally ready national serviceman who has reported for service in the Singapore Armed Forces.
Use of military force
59.  If any such assembly cannot be otherwise dispersed and it is necessary for the public security that it should be dispersed, the Minister or the Commissioner of Police or a Deputy Commissioner of Police may cause it to be dispersed by military force.
Minister or Commissioner of Police or Deputy Commissioner of Police may require any officer in command of troops to disperse unlawful assembly
60.
—(1)  When the Minister or the Commissioner of Police or a Deputy Commissioner of Police determines to disperse any such assembly by military force, he may require any commissioned or non-commissioned officer in command of any sailors, soldiers or airmen in the Singapore Armed Forces or in any visiting force lawfully present in Singapore to disperse the assembly by military force and to arrest and confine the persons forming part of it as the Minister or Commissioner of Police or the Deputy Commissioner of Police directs or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.
(2)  Every such officer shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force and do as little injury to person and property as is consistent with dispersing the assembly and arresting and confining those persons.
When commissioned officer may disperse unlawful assembly by military force
61.  When the public security is manifestly endangered by any such assembly and when neither the Minister nor the Commissioner of Police nor a Deputy Commissioner of Police can be communicated with, any commissioned officer in the Singapore Armed Forces or in any visiting force lawfully present in Singapore may disperse such assembly by military force and may arrest and confine the persons forming part of it as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law, but if while he is acting under this section it becomes practicable for him to communicate with the Minister, the Commissioner of Police or a Deputy Commissioner of Police, he shall do so and thereafter obey the instructions of the Minister, the Commissioner of Police or the Deputy Commissioner of Police as to whether he shall or shall not continue the action.
Protection against prosecution for acts done under this Division
62.  No prosecution against the Minister or any police officer or officer, sailor, soldier or airman in the Singapore Armed Forces or in any visiting force lawfully present in Singapore for any act purporting to be done under this Division shall be instituted in any criminal court except with the sanction of the President, and —
(a)
no police officer acting under this Division in good faith;
(b)
no commissioned officer acting under section 61 in good faith;
(c)
no person doing any act in good faith in compliance with a requisition under section 58 or 60; and
(d)
no inferior officer, sailor, soldier or airman or member of any of the Singapore Armed Forces or of any visiting force lawfully present in Singapore doing any act in obedience to any order which under naval, military or air force law he was bound to obey,
shall be deemed thereby to have committed an offence.
Division 4 — Preventive action of police
Prevention of offences and use of lethal force by police
63.
—(1)  Any police officer who has reasonable grounds to suspect that any offence may be committed may intervene for the purpose of preventing and must, to the best of his ability, use all lawful means to prevent the commission of the offence.
(2)  Without affecting the generality of subsection (1), a police officer may act in any manner (including doing anything likely to cause the death of, or grievous hurt to, any person) if the police officer has reasonable grounds to believe that —
(a)
the person (whether acting alone or in concert with any other person) is doing or about to do, something which may amount to a terrorist act; and
(b)
such act by the police officer is necessary to apprehend the person.
(3)  In this section —
“lawful means” includes removing a person from any place and taking away any thing which the person has in his possession which the police officer reasonably suspects is intended to be used in the commission of the offence;
“terrorist act” means the use or threat of action —
(a)
where the action —
(i)
involves serious violence against a person or which endangers a person’s life;
(ii)
involves serious damage to any building or structure;
(iii)
creates a serious risk to the health or the safety of the public or a section of the public;
(iv)
involves the use of firearms or explosives; or
(v)
involves releasing into the environment or any part thereof, or distributing or otherwise exposing the public or any part thereof to —
(A)
any dangerous, hazardous, radioactive or harmful substance;
(B)
any toxic chemical; or
(C)
any microbial or other biological agent, or toxin; and
(b)
where the use or threat of action is intended or reasonably regarded as intending to —
(i)
influence or compel the Government, any other government, or any international organisation to do or refrain from doing any act; or
(ii)
intimidate the public or a section of the public.
PART VI
ARREST AND BAIL AND PROCESSES
TO COMPEL APPEARANCE
Division 1 — Arrest without warrant
When arrest may be made without warrant
64.
—(1)  Any police officer may, without a warrant, arrest any person who —
(a)
has been concerned in an arrestable offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of his having been so concerned or involved;
(b)
possesses a housebreaking tool without being able to provide a lawful excuse for having it;
(c)
has been proclaimed as an offender under section 88;
(d)
possesses anything that may reasonably be suspected to be stolen or fraudulently obtained property, and who may reasonably be suspected of having committed an offence in acquiring it;
(e)
obstructs a police officer while the police officer is doing his duty, or has escaped or tries to escape from lawful custody;
(f)
is reasonably suspected of being a deserter from any force referred to in section 140B of the Penal Code (Cap. 224) or to which Chapter VII of that Code may be extended;
(g)
is trying to conceal his presence in circumstances that suggest he is doing so with a view to committing an arrestable offence;
(h)
has no apparent means of subsistence or who cannot give a satisfactory account of himself;
(i)
is known to be a habitual robber, housebreaker or thief, or a habitual receiver of stolen property knowing it to be stolen, or who is known to habitually commit extortion or to habitually put or attempt to put persons in fear of injury in order to commit extortion;
(j)
commits or attempts to commit a breach of the peace in the police officer’s presence;
(k)
is known to be planning to commit an arrestable offence, if it appears to the police officer that the offence cannot otherwise be prevented;
(l)
is subject to police supervision and who has failed to comply with this Code or any other written law; or
(m)
has breached any detention order under any written law.
(2)  This section does not affect any other law empowering a police officer to arrest without a warrant.
Arrest on refusal to give name and residence to police officer
65.
—(1)  A police officer may arrest any person who is accused of committing, or who commits in the view or presence of the police officer, a non-arrestable offence if, on the demand of the police officer, he refuses to give his name and residential address.
(2)  A police officer may arrest such a person who gives a residential address outside Singapore, or a name or residential address which the police officer has reason to believe is false.
(3)  Any person arrested under this section must be brought to a police station as soon as reasonably practicable and may, if required by a police officer of or above the rank of sergeant, be released upon signing a bond with or without surety to appear before a Magistrate.
(4)  If the person refuses or is unable to sign the bond as required, he must, within 24 hours of the arrest (excluding the time necessary for the journey to a Magistrate’s Court), be brought before a Magistrate’s Court.
(5)  The person who is brought before a Magistrate’s Court under subsection (4) may —
(a)
be ordered to be detained in custody until he can be tried; or
(b)
if so required by the Magistrate, be released upon signing a bond, with or without surety, to appear before a Magistrate’s Court.
Arrest by private person
66.
—(1)  Any private person may arrest any person who, in his view or presence, commits an arrestable non-bailable offence, or who has been proclaimed as an offender under section 88.
(2)  The private person must, without unnecessary delay, hand over the arrested person to a police officer or take him to a police station.
(3)  If there is reason to believe that the arrested person is a person referred to in section 64(1), a police officer must re-arrest him.
(4)  If there is reason to believe that the arrested person has committed a non-arrestable offence and he refuses to give his name and residential address when required by a police officer, or gives a residential address outside Singapore, or a name or residential address that the police officer has reason to believe is false, he may be dealt with under section 65.
(5)  If there is no reason to believe that the arrested person has committed any offence, he must be released at once.
(6)  A person who commits an offence against any other person (referred to in this subsection as the victim) or that other person’s property may, if —
(a)
his name and residential address are unknown;
(b)
he gives a residential address outside Singapore; or
(c)
he gives a name or residential address which the victim or any person who is using the victim’s property in relation to which the offence is committed, or which the employee of either of those persons, or which any person authorised by or acting in aid of either of those persons, has reason to believe is false,
be apprehended by the victim, employee or such person referred to in paragraph (c).
(7)  The person apprehended under subsection (6) may be detained until he can be delivered into the custody of a police officer, and subsections (3), (4) and (5) shall thereafter apply.
(8)  If any person being lawfully apprehended under subsection (6) assaults or forcibly resists the person by whom he is so apprehended, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
How arrested person to be dealt with
67.  A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions of this Code on bail or previous release, take or send the person arrested before a Magistrate’s Court.
Person arrested not to be detained more than 48 hours
68.
—(1)  No police officer shall detain in custody a person who has been arrested without a warrant for a longer period than under all the circumstances of the case is reasonable.
(2)  Such period shall not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.
Division 2 — Arrest with warrant
Warrant to whom directed
69.
—(1)  An arrest warrant must ordinarily be directed to the Commissioner of Police or to the head or director of any law enforcement agency, or any person of a similar rank in such law enforcement agency.
(2)  An arrest warrant —
(a)
if directed to the Commissioner of Police, may be executed by any police officer or any person appointed by the Commissioner of Police; or
(b)
if directed to the head or director of any law enforcement agency, or any person of a similar rank in such law enforcement agency, may be executed by any person appointed by the head, director or any person of a similar rank.
(3)  The court issuing an arrest warrant may direct it to any person or persons by name or office and such person or persons may execute the warrant.
(4)  When an arrest warrant is directed to more than one person, all or any of them may execute it.
Arrest of person subject to warrant
70.  A person subject to an arrest warrant may be arrested by a person authorised to execute the warrant or by a police officer.
Form of arrest warrant
71.
—(1)  An arrest warrant issued by a court under this Code must be in writing bearing the seal of the court and signed by a Magistrate or District Judge, as the case may be, or in the case of the High Court, by a Judge of the High Court or by the Registrar of the Supreme Court.
(2)  The arrest warrant shall remain in force until it is executed, or cancelled by a court.
Court may endorse on warrant security to be taken
72.
—(1)  A court issuing an arrest warrant may direct by endorsement on the warrant that, if the person subject to the arrest warrant executes a bond with sufficient sureties for his attendance at the next sitting of the court after the day of arrest and at every subsequent sitting until the court directs otherwise, then the person to whom the warrant is directed must take such security and release the person subject to the arrest warrant from custody.
(2)  The endorsement must state —
(a)
the number of sureties; and
(b)
the amount that the sureties and the person subject to the arrest warrant are respectively bound.
(3)  When security is taken under this section, the person to whom the warrant is directed must, when required, send the bond to the court.
Notification of content of warrant
73.  The police officer or other person executing an arrest warrant must inform the arrested person of the content of the warrant and, if required, show him the warrant or a copy of it.
Arrested person to be brought before court without delay
74.  Subject to section 72, the police officer or other person executing an arrest warrant must bring the arrested person to the court before which he is required by law to produce that person without unnecessary delay.
Division 3 — General provisions for arrests
with or without warrant
How to arrest
75.
—(1)  In making an arrest, the police officer or other person must touch or confine the body of the person to be arrested unless he submits to arrest by word or action.
(2)  If the person forcibly resists or tries to evade arrest, the police officer or other person may use all reasonable means necessary to make the arrest.
No unnecessary restraint
76.  The person arrested must not be restrained more than is necessary to prevent his escape.
Search of place entered by person sought to be arrested
77.
—(1)  If a police officer with authority to arrest or a person acting under an arrest warrant has reason to believe that the person to be arrested is inside any place and demands entry to that place, any person residing in or in charge of the place must allow him free entry and provide all reasonable facilities for a search in it.
(2)  If entry to that place cannot be gained under subsection (1), it shall be lawful for a police officer with authority to arrest or a person acting under an arrest warrant to enter and search the place.
(3)  In any case in which an arrest warrant may be issued but cannot be obtained without the risk of the person to be arrested escaping, a police officer may enter and search the place.
(4)  After stating his authority and purpose and demanding entry to a place, a police officer with authority to arrest or a person acting under an arrest warrant who is unable to obtain entry may, for the purposes of subsection (2) or (3), break open any outer or inner door or window or use any other reasonable means to gain such entry.
Search of person arrested and his premises
78.
—(1)  Whenever —
(a)
a person is arrested by a police officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or
(b)
a person is arrested without warrant by a police officer or a private person under a warrant and the person arrested cannot legally be admitted to bail or is unable to furnish bail,
the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom the private person hands over the person arrested, may search the person arrested and place in safe custody all articles other than necessary wearing apparel found upon him.
(2)  A police officer investigating an arrestable offence under Part IV may —
(a)
enter any place belonging to or under the control of any person who —
(i)
is under arrest in connection with the offence;
(ii)
is reasonably believed to be connected with the offence; or
(iii)
is reasonably believed to have given shelter to the person under arrest; and
(b)
search the place for any evidence of the offence.
Power to seize offensive weapons
79.  Any police officer or person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to a police station.
Search for name and address
80.  A person lawfully in custody who, because of incapacity from intoxication, illness, mental disorder, physical disability or infancy, cannot give a reasonable account of himself may be searched to find out his name and address.
Detention and search of persons in place searched
81.
—(1)  Where a search for anything is lawfully made in any place in respect of any offence, every person found there may be lawfully detained until the search is completed.
(2)  If the thing sought in a place can be concealed on a person, each person found in the place may be searched for it by or in the presence of a police officer of or above the rank of sergeant.
Mode of freeing persons
82.  A police officer or other person authorised to make an arrest may break open a place to free himself or any other person who, having lawfully gone inside to make an arrest, is detained in it.
Mode of searching women
83.  Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
Power to pursue and arrest after escape or rescue
84.
—(1)  If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued, or any police officer, may immediately pursue and arrest him for the purpose of returning him to the place where he was in lawful custody.
(2)  Sections 77 and 82 shall apply to any arrest under subsection (1) even if the person making the arrest is not acting under an arrest warrant and is not a police officer having authority to arrest.
Release of arrested person
85.  A person arrested by a police officer must not be released except on his own bond or on bail, or by a written order of a court or of a police officer of or above the rank of sergeant.
Public assistance in arrests
86.  Every person is bound to help a police officer or any other person authorised to make an arrest reasonably demanding his aid —
(a)
in arresting a person whom the police officer or other person is authorised to arrest;
(b)
in preventing a breach of the peace or in preventing any person from damaging any public property; or
(c)
in suppressing a riot or an affray.
Assisting person other than police officer to execute warrant
87.  If a warrant is granted to a person who is not a police officer, any other person may help in executing the warrant if the person to whom the warrant is granted is near at hand and engaged in executing it.
Division 4 — Proclamation and attachment
Proclamation for person absconding
88.
—(1)  If a court has reason to believe, whether after taking evidence or not, that a person against whom a warrant of arrest has been issued has absconded or is hiding so that the warrant cannot be executed, the court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than 30 days after the date of publication.
(2)  The proclamation must be published —
(a)
in a daily newspaper;
(b)
by leaving a copy of it at the person’s last known address;
(c)
by affixing a copy of it to any bulletin board in the court house;
(d)
by affixing a copy of it to the bulletin board in the office of the Town Council established under section 4 of the Town Councils Act (Cap. 329A) that is nearest to the person’s last known address; or
(e)
by affixing a copy of it to a bulletin board of any community centre or clubhouse established under the People’s Association Act (Cap. 227) that is nearest to the person’s last known address.
(3)  A statement by the court issuing the proclamation stating that the proclamation was published on a specified day in a specified manner, or on a specified day at a specified place, is conclusive of that fact.
Attachment of property of person proclaimed
89.
—(1)  After issuing a proclamation under section 88, the court may order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person.
(2)  If the property consists of debts or other movable property, the attachment may be made by all or any of the following methods:
(a)
by seizure;
(b)
by the appointment of a receiver;
(c)
by an order in writing prohibiting the delivery of the property to the proclaimed person or any person on his behalf.
(3)  If the property to be attached is immovable property, the attachment may be made by all or any of the following methods:
(a)
by taking possession;
(b)
by the appointment of a receiver;
(c)
by an order in writing prohibiting the payment of rent or delivery of any instrument of title to the proclaimed person or any person on his behalf.
(4)  The powers, duties and liabilities of a receiver appointed under this section are the same as those of a receiver appointed by the High Court under its civil jurisdiction.
(5)  An attachment of immovable property shall have no effect until the order of attachment is registered under the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157), as the case may be.
(6)  If the proclaimed person does not appear within the time specified in the proclamation, the attached property shall be at the disposal of the Government, but it must not be disposed of until the end of a reasonable period set by the court, having regard to the nature of the property.
Application for release of attached property
90.
—(1)  Any person, including the person proclaimed, may apply to the court for the release of the property attached under section 89 or for the net proceeds of sale if sold.
(2)  Such an application must be supported by an affidavit stating the reason for the release of the property or the net proceeds of the sale, and served on the Public Prosecutor.
(3)  The court, after hearing the parties, may make such order as it thinks fit, including an order for the applicant to pay the costs of the proceeding and an order for costs to be awarded to an applicant whose property was wrongfully attached.
(4)  An application under this section may not be made more than 3 years from the date of attachment or the sale, whichever is the later.
(5)  Any hearing conducted under this section must follow as closely as practicable the procedure prescribed in this Code for conducting trials.
(6)  Any order for costs to be awarded to an applicant whose property was wrongfully attached shall be paid out of the Consolidated Fund.
Division 5 — Bails and bonds
Interpretation of this Division
91.  In this Division —
“released person” means any person who is released on bail or on his personal bond, as the case may be;
“surrender to custody”, in relation to a released person, means to surrender himself into the custody of the court or a police officer, as the case may be, according to the bail or bond conditions at the time and place appointed for him to do so.
When person must be released on bail or personal bond
92.
—(1)  When any person, except a person accused of a non-bailable offence —
(a)
is arrested or detained without warrant by a police officer, or appears or is brought before a court; and
(b)
is prepared to give bail at any time while in the police officer’s custody or at any stage of the proceedings before the court,
the person must be released on bail by a police officer in cases determined by the Commissioner of Police or by that court.
(2)  Instead of taking bail from the person, the police officer or the court may release him if he signs a personal bond without sureties.
When person accused of non-bailable offence may be released on bail
93.
—(1)  Subject to section 95(1), if any person accused of any non-bailable offence is arrested or detained without warrant by a police officer, or appears or is brought before a court, he may be released on bail by a police officer of or above the rank of sergeant or by the court.
(2)  Subject to section 95(1), if, at any stage of an investigation, inquiry, trial or other proceeding under this Code, there are no reasonable grounds for believing that the accused has committed a non-bailable offence, the police officer or court must release him.
[2/2012]
(3)  Notwithstanding subsection (2), if there are grounds for further investigations as to whether the accused has committed some other bailable offence, then, pending the investigations, the accused must be released on bail or, at the discretion of the police officer or court, on his own personal bond.
(4)  A police officer or a court releasing any person under this section must record in writing the reasons for so doing.
(5)  Any court may at any subsequent stage of any proceeding under this Code cause any person who has been released under this section to be arrested and may commit him to prison.
Conditions of bail or personal bond
94.
—(1)  A police officer or the court may impose such conditions as are necessary when granting bail or releasing the accused on personal bond under section 92 or 93.
(2)  The conditions imposed in relation to an accused under subsection (1) may include the following requirements:
(a)
to surrender any travel document in his possession;
(b)
to surrender to custody or to make himself available for investigations or to attend court on the day and at the time and place appointed for him to do so;
(c)
not to commit any offence while released on bail or on personal bond; and
(d)
not to interfere with any witness or otherwise obstruct the course of justice whether in relation to himself or any other person.
Exceptions to bail or release on personal bond
95.
—(1)  An accused shall not be released on bail or on personal bond if —
(a)
he is charged for an offence punishable with death or imprisonment for life;
(b)
having been previously released on bail or personal bond in any criminal proceedings, he had not surrendered to custody or made himself available for investigations or attended court, and the court believes that in view of this failure, he would not surrender to custody, or make himself available for investigations or attend court if released; or
(c)
he has been arrested or taken into custody under a warrant issued under section 10, 24 or 34 of the Extradition Act (Cap. 103) or endorsed under section 33 of that Act.
[2/2012]
(2)  Notwithstanding subsection (1), the court may —
(a)
direct that any juvenile or any sick or infirm person accused of such an offence be released on bail; or
(b)
release on bail an accused charged with an offence referred to in subsection (1)(a), if —
(i)
the offence is also punishable with an alternative punishment other than death or life imprisonment; and
(ii)
the offence is to be tried before a District Court or a Magistrate’s Court.
[2/2012]
(3)  In this section, “accused” includes a “fugitive” as defined in the Extradition Act.
Amount of bond
96.  The amount of every bond executed under this Division must be fixed with due regard to the circumstances of the case as being sufficient to secure the attendance of the person arrested or charged.
High Court’s powers to grant or vary bail
97.
—(1)  Whether there is an appeal against conviction or not, the High Court may grant bail to any accused before it, release him on personal bond or vary the amount or conditions of the bail or personal bond required by a police officer or a Subordinate Court, and impose such other conditions for the bail or personal bond as it thinks fit.
(2)  At any stage of any proceeding under this Code, the High Court may cause any person released under this section to be arrested and may commit him to custody.
Application for bail or release on personal bond in High Court
98.
—(1)  An application to the High Court for bail or release on personal bond must, unless otherwise ordered, be supported by an affidavit stating sufficient facts to enable the court to determine whether or not such bail or release should be granted.
(2)  If the court orders that the accused or prisoner be granted bail or released on personal bond, the order must be drawn up with a direction that a warrant be issued to bring the accused or the prisoner before the court for the purpose of being bailed or released.
Bond to be executed
99.
—(1)  Before any person is released on his personal bond under this Division, a bond for such sum of money as the police officer or court thinks sufficient must be executed by the person.
(2)  When a person is released on bail, the bond must be executed by one or more sufficient sureties, on condition that the released person attends on the date and at the time and place mentioned in the bond, and must continue to attend until otherwise directed by the police officer or court, as the case may be.
(3)  The bond may also bind the released person to appear when called on at any court to answer the charge.
(4)  The bond is subject to the further condition that as long as it remains in force, the released person must not leave Singapore without the permission of the police officer or the court.
(5)  Such permission, if granted, must be evidenced by an endorsement on the bond specifying for how long and the place to which the permission applies.
(6)  Such permission may be granted only on the personal application of the released person in the presence of his surety or sureties, if any.
Person to be released
100.
—(1)  As soon as the bond has been executed, the person for whose appearance it has been executed must be released.
(2)  If the person is in prison, the court must issue an order of release to the officer in charge of the prison, and the officer must release him on receiving the order.
(3)  No person shall be released under this section or section 92 or 93 if the person is liable to be detained for a different matter than that for which the bond is executed.
Released person to give address for service
101.
—(1)  A released person must give the court or officer releasing him an address where he can be served with any notice or process.
(2)  If the released person cannot be found or the notice or process cannot be served on him for any other reason, any notice or process left for him at the address given shall be treated as duly served on him.
Withdrawal, change of conditions, etc., of bail
102.
—(1)  If a court has granted bail to a released person and it is shown that —
(a)
there has been a material change of circumstances; or
(b)
new facts have since come to light,
the court may vary the conditions of the bail or personal bond, or impose further conditions for the bail or the personal bond, or cause the released person to be arrested and may commit him to custody.
(2)  If, through mistake, fraud or otherwise, insufficient sureties have been accepted or if they afterwards become insufficient, a court may issue an arrest warrant directing that the released person be brought before it and may order him to provide sufficient sureties.
(3)  If the released person fails to provide sufficient sureties, the court may commit him to custody.
Liability to arrest for absconding or breaking conditions of bail or personal bond
103.
—(1)  If a released person under a duty to surrender to custody, or to make himself available for investigations or to attend court, does not do so, he may be arrested without a warrant.
(2)  If a released person leaves the court at any time after he has surrendered into its custody or after he has attended court on the day and at the time appointed for him to do so, and before the court is ready to begin or to resume the hearing of the proceedings, the court may issue a warrant for his arrest.
(3)  A released person under a duty to surrender to custody, or to make himself available for investigations or to attend court on the day and at the time and place appointed for him to do so, may be arrested without a warrant if —
(a)
there are reasonable grounds for believing that he is unlikely to surrender to custody, or to make himself available for investigations or to attend court;
(b)
there are reasonable grounds for believing that he is likely to break or has broken any of the conditions of his bail or personal bond; or
(c)
any of his sureties informs the police or court that the person is unlikely to surrender to custody, or to make himself available for investigations or to attend court and that the surety therefore wishes to be relieved of his obligations as a surety.
(4)  When such a person is brought before the court pursuant to an arrest under this section and the court thinks that he —
(a)
is unlikely to surrender to custody, or to make himself available for investigations or to attend court; or
(b)
has broken or is likely to break any conditions of his bail or personal bond,
the court may remand him in custody or grant him bail subject to such conditions as it thinks fit.
Duties of surety
104.
—(1)  A surety must —
(a)
ensure that the released person surrenders to custody, or makes himself available for investigations or attends court on the day and at the time and place appointed for him to do so;
(b)
keep in daily communication with the released person and lodge a police report within 24 hours of losing contact with him; and
(c)
ensure that the released person is within Singapore unless the released person has been permitted by the police officer referred to in section 92 or 93 (as the case may be) or the court to leave Singapore.
[2/2012]
(2)  If the surety is in breach of any of his duties, the court may, having regard to all the circumstances of the case, forfeit the whole or any part of the amount of the bond.
(3)  The court may order that any amount forfeited under subsection (2) be paid by instalments.
Surety may apply to have bond discharged
105.
—(1)  A surety may at any time apply to the court to discharge the bond as far as it relates to him.
(2)  On receiving such an application, the court may issue an arrest warrant directing that the released person be produced before it.
(3)  When the released person appears in court under the warrant or voluntarily, the court must direct that the bond be discharged wholly or so far as it relates to the applicant and must call on the released person to provide other sufficient sureties.
(4)  A surety may arrest the person for whom he stood surety and immediately bring him before a court, and the court must then discharge the surety’s bond and call on the released person to provide other sufficient sureties.
(5)  If a released person fails to provide other sufficient sureties when called on to do so under subsection (3) or (4), the court must commit him to custody.
Security instead of surety
106.  When a court or police officer requires a person to sign a bond with one or more sureties, the court or officer may (except in the case of a bond for good behaviour) instead permit him to enter into his own personal bond and provide security acceptable to the court or officer.
Procedure on forfeiture of bond
107.
—(1)  If it is proved to a court’s satisfaction that a bond taken under this Code has been forfeited, the court —
(a)
must record the basis of such proof;
(b)
may summon before it the person bound by the bond; and
(c)
may call on him to pay the amount of the bond or to explain why he should not pay it.
(2)  If his explanation is inadequate and the amount of the bond is not paid, the court may recover the amount by issuing an order for the attachment of any property, movable or immovable, belonging to him —
(a)
by seizure of such property which may be sold and the proceeds applied towards the payment of the amount of the bond; or
(b)
by appointing a receiver who shall be at liberty to take possession of and sell such property and apply the proceeds towards the payment of the amount of the bond.
(2A)  Any person may, not later than 7 days after the date of the seizure of any property under subsection (2)(a) or the taking of possession of any property by the receiver under subsection (2)(b), as the case may be, make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (2) and the court shall make such order as it sees fit.
(3)  If immovable property attached under subsection (2) is sold, the officer under whose direction the attachment and sale was carried out may do any thing or act to transfer the title to the purchaser.
(4)  If the amount of the bond is not paid or cannot be recovered by such attachment and sale, the court may commit to prison the person bound by the bond for a term not exceeding 12 months.
(5)  Any unsatisfied amount of the bond shall constitute a judgment debt in favour of the Government and nothing in this section shall prevent the Government from recovering it as such.
(6)  The court may reduce the amount of the bond and enforce part-payment only.
Appeal from orders
108.  All orders made under section 107 by any Magistrate’s Court or District Court are appealable.
Power to direct levy of amount due on bond
109.  The High Court or a District Court may direct any Magistrate’s Court to exercise the court’s power of forfeiture under section 107 in respect of a bond to appear before the High Court or District Court.
Division 6 — Notice to attend court and bonds
to appear in court
Notice to attend court
110.
—(1)  Where a police officer of or above the rank of inspector has reasonable grounds for believing that a person has committed an offence, he may immediately serve upon the person a prescribed notice, requiring that person to attend at the court described, and at the time and on the date specified in the notice.
(2)  A duplicate of the notice must be prepared by the police officer issuing the notice and, if so required by a court, produced to the court.
(3)  The notice may be served on the person alleged to have committed the offence in the same manner as the service of a summons under section 116.
Bond for appearance of complainant and witnesses
111.
—(1)  If, during or after an investigation under Part IV, a police officer is of the opinion that there is sufficient evidence to justify starting or continuing criminal proceedings for an arrestable offence against a person, he may require any complainant and any or all other persons who may be familiar with the case, to execute a bond to appear before a court and give evidence in the case against the accused.
(2)  After the bond has been executed, the police officer must send it to the court.
(3)  If the complainant or other person refuses to execute the bond, the police officer must report the matter to the court, and the court may then issue a warrant or summons to secure the attendance of the complainant or person before itself to give evidence in the case against the accused.
Division 7 — Surrender of travel document and requirement
to remain in Singapore
Surrender of travel document
112.
—(1)  Notwithstanding any other written law —
(a)
a police officer of or above the rank of sergeant, with the written consent of an authorised officer;
(b)
the head or director of any other law enforcement agency or a person of a similar rank; or
(c)
any officer of a prescribed law enforcement agency, with the written consent of the head or director of that law enforcement agency or a person of a similar rank,
may require a person whom he has reasonable grounds for believing has committed any offence to surrender his travel document.
(2)  Any person who fails to surrender his travel document as required under subsection (1) may be arrested and taken before a Magistrate.
(3)  If the person arrested and taken before the Magistrate under subsection (2) is unable to show good reasons for not surrendering his travel document, the Magistrate may commit him to prison until he surrenders his travel document.
(4)  For the purposes of subsection (3), a certificate signed by an authorised officer, or the head or director of any law enforcement agency or a person of a similar rank, or the head or director of any prescribed law enforcement agency or a person of a similar rank, as the case may be, to the effect that the prisoner has complied with the requirements to surrender his travel document is sufficient warrant for the Director of Prisons to release the prisoner.
(5)  In this section and section 113 —
“authorised officer” means a police officer of or above the rank of Deputy Superintendent of Police who is authorised by the Commissioner of Police to give a written consent referred to in subsection (1)(a);
“prescribed law enforcement agency” means a law enforcement agency prescribed for the purposes of subsection (1)(c) by the Minister charged with the responsibility for that law enforcement agency.
Return of travel document
113.
—(1)  A person who has surrendered his travel document under section 112 may apply to the authorised officer, or the head or director of the law enforcement agency or a person of similar rank, or the head or director of the prescribed law enforcement agency or a person of a similar rank, as the case may be, for the return of the travel document.
(2)  Where an application under subsection (1) has been refused, the person may apply to a District Judge for the return of his travel document, stating the reasons for the application.
(3)  The District Judge may —
(a)
grant the application subject to such conditions as to the further surrender of the travel document and the provision of security for the appearance of the applicant at such time and place in Singapore as the District Judge may determine; or
(b)
refuse the application.
(4)  If the applicant fails to comply with any condition of the return of the travel document, any security provided for the return may be forfeited by a Magistrate and the applicant may be arrested and dealt with in the same way that a person who fails to comply with the requirement under section 112(1) may be arrested and dealt with under section 112(2) and (3).
Where person acquainted with facts of investigation intends to leave Singapore
114.
—(1)  Where a court is satisfied that any person who is acquainted with the subject matter of any investigation carried out under this Code intends to leave Singapore, the court may, having due regard to the circumstances of the person and on the application of the Public Prosecutor, by order require the person to remain in Singapore for such period as the court considers reasonable to facilitate the investigation.
(2)  The court may order due provision to be made for the maintenance of such person and for compensating him for his loss of time.
Division 8 — Summons to appear in court
Form and validity of summons, etc.
115.
—(1)  A summons to appear issued by a court under this Code must be in writing, bearing the seal of the court and signed by a Magistrate or District Judge, as the case may be, or in the case of the High Court, by a Judge of that Court or by the Registrar of the Supreme Court.
(2)  The summons shall remain in force until cancelled by the court or until the person summoned is discharged from it by a court.
(3)  The summons may be served by a police officer or by an officer of the court or any other person directed by the court.
(4)  If the summons is in connection with an offence under any written law enforceable by a public body, the summons may be served by an officer of that public body.
(5)  When a summons cannot be served soon enough to give reasonable notice to the person summoned to appear before the court on the date stated in the summons, the court may in writing substitute some other later date.
Service of summons
116.
—(1)  A summons issued against a person must, as far as is reasonably practicable, be served in accordance with the mode of service referred to in section 3(1)(a).
(2)  A summons issued against a body corporate or a limited liability partnership must, as far as is reasonably practicable, be served in accordance with the mode of service referred to in section 3(1)(g)(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the body corporate or limited liability partnership at the registered office or principal place of business of the body corporate or limited liability partnership.
(3)  A summons issued against a partnership other than a limited liability partnership must, as far as is reasonably practicable, be served in accordance with the mode of service referred to in section 3(1)(h)(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the partnership at the registered office or principal place of business of the partnership.
(4)  A summons issued against an unincorporated association must, as far as is reasonably practicable, be served in accordance with the mode of service referred to in section 3(1)(i)(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the unincorporated association at the address of the unincorporated association.
(5)  Notwithstanding subsections (1) to (4), a summons may be served in any manner referred to in section 3(1) if any of the following persons, as the case may be, consents to such mode of service:
(a)
the person on whom the summons is to be served;
(b)
the director, manager or secretary or other like officer of a body corporate or limited liability partnership on whom the summons is to be served;
(c)
any of the partners or the secretary or other like officer of a partnership (other than a limited liability partnership) on whom the summons is to be served; or
(d)
the president, the secretary or any member of the committee of an unincorporated association (or any person holding a position analogous to that of the president, secretary or member of the committee) on whom the summons is to be served.
(6)  Where a summons is issued against a person who cannot, by the exercise of due diligence, be found, the summons may be served by leaving a copy thereof for him with some adult member of his family or with his employee residing with him.
(7)  Where a summons is issued against a person who cannot, by the exercise of due diligence, be found, and the summons cannot be effected in accordance with subsection (6), the serving officer shall affix a copy of the summons to some conspicuous part of the place in which the person summoned ordinarily resides, and in such a case, the summons, if the court so directs before or after such affixing, shall be deemed to have been duly served.
Proceedings against body corporate, limited liability partnership, etc.
117.
—(1)  If a body corporate, limited liability partnership, partnership or unincorporated association is charged with an offence, either alone or jointly with some other person, a representative may appear for the body corporate, limited liability partnership, partnership or unincorporated association, as the case may be.
(2)  The representative may do anything on behalf of the body corporate, limited liability partnership, partnership or unincorporated association, as the case may be, that an accused may do on his own behalf under this Code.
(3)  A proceeding is not considered invalid only because an accused body corporate, limited liability partnership, partnership or unincorporated association has failed to appear or because its non-appearance results in something not being done that this Code directs should be done.
(4)  Any failure on the part of a body corporate, limited liability partnership, partnership or unincorporated association to comply with the legal formalities relating to the appointment of a representative does not affect the validity of the court proceedings.
(5)  In this section, “representative”, in relation to a body corporate, limited liability partnership, partnership or unincorporated association, means a person duly appointed by the body corporate, limited liability partnership, partnership or unincorporated association, as the case may be, to represent it at the court proceedings.
(6)  A representative for the purposes of this section may be appointed by a statement in writing which is to be signed —
(a)
in the case of a body corporate or limited liability partnership, by a director, manager or secretary or other like officer of the body corporate or limited liability partnership;
(b)
in the case of a partnership, by any of the partners or the secretary or other like officer of the partnership; or
(c)
in the case of an unincorporated association, by the president, the secretary or any member of the committee of the unincorporated association (or any person holding a position analogous to that of the president, secretary or member of the committee),
and such statement in writing shall, for the purposes of this section, be admissible without further proof as prima facie evidence that the person has been duly appointed as representative.
Service for offences punishable with fine only
118.  Notwithstanding section 116, a summons for an offence punishable with a fine only may be served by sending a copy of the summons by registered post to the last known address of the person to be summoned.
Proof of service
119.  When a summons issued by a court is served, an affidavit of such service is admissible as evidence if the affidavit is on its face made before a person authorised to administer an oath or affirmation.
Issue of warrant instead of or in addition to summons
120.  A court in any case in which it is empowered to issue a summons for the appearance of a person may, after recording its reasons in writing, issue a warrant for his arrest if —
(a)
before or after the issue of the summons but before the time fixed for his appearance, the court has reason to believe that he has absconded or will not obey the summons; or
(b)
at such time fixed for his appearance, he fails to appear, and the summons is proved to have been duly served in time to enable him to appear in accordance with it and no reasonable excuse is offered for such failure.
Service of summons: reciprocal arrangements with Malaysia and Brunei Darussalam
121.
—(1)  Where under the provisions of any law in force in Malaysia or Brunei Darussalam, a Magistrate or a Magistrate’s Court has issued a warrant or summons authorising the arrest of a person or requiring any person to appear before any court in Malaysia or Brunei Darussalam, and that person is or is believed to be in Singapore, a Magistrate in Singapore, if satisfied that the warrant or summons was duly issued in Malaysia or Brunei Darussalam, may endorse the warrant or summons, and the warrant or summons may then be executed or served, as the case may be, on that person as if it were a warrant or summons lawfully issued in Singapore under the provisions of this Code.
(2)  Where under the provisions of any law in force in Malaysia or Brunei Darussalam corresponding to subsection (1), a warrant or summons issued by a Magistrate or a Magistrate’s Court in Singapore has been endorsed by a Magistrate in Malaysia or Brunei Darussalam and executed or served on the person named in the warrant or summons, the warrant or summons shall for the purposes of this Code be deemed to have been as validly executed or served as if the execution or service had been effected in Singapore.
(3)  Where a warrant has been executed in Singapore pursuant to subsection (1), the person arrested shall be produced as soon as possible before a Magistrate in Singapore, who shall, if satisfied that he is the person specified in the warrant, direct that the arrested person be transferred forthwith in custody to the appropriate court in Malaysia or Brunei Darussalam; and any such person shall while in such custody, be deemed for all purposes to be in lawful custody.
(4)  Instead of transferring the arrested person in custody to the appropriate court in Malaysia or Brunei Darussalam under subsection (3), the Magistrate may, if for reasons to be recorded by him he is satisfied that it is in the interests of justice to do so and if the case is one in which bail may lawfully be granted, release the person arrested on bail conditional on his appearing before the appropriate court in Malaysia or Brunei Darussalam at a time to be specified in the bond and bail bond.
(5)  Where any person has been served with a summons pursuant to subsection (1), he shall attend at the appropriate court at the time specified in the summons, unless he can satisfy the court that he cannot reasonably do so.
Detention of offender attending court
122.
—(1)  A person attending court who is not under arrest or has not been served with a summons may be detained by the court for examination for any offence which the court may deal with, and which from the evidence that person appears to have committed.
(2)  The court may proceed against that person as though he had been arrested or summoned.
(3)  When the court proceeds against a person under this section during the course of a trial or a committal hearing, it must begin the proceeding against the person separately.
PART VII
THE CHARGE
Form of charge
123.
—(1)  Every charge under this Code must state the offence with which the accused is charged.
(2)  If the law that creates the offence gives it any specific name, the offence may be described in the charge by that name only.
(3)  If the law that creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.
(4)  The provision of the law against which the offence is said to have been committed must be mentioned in the charge.
(5)  The fact that the charge is made is equivalent to a statement that the case fulfils every legal condition required by law to constitute the offence charged.
(6)  If the accused has been previously convicted of any offence and it is intended to prove that previous conviction for the purpose of affecting the punishment which the court is competent to award, the fact, date and place of the previous conviction shall be stated in the charge; but if the statement is omitted, the court may add it at any time before sentence is passed.
Illustrations
(a)
A is charged with the murder of B. This is equivalent to a statement that A’s act fell within the definition of murder in section 300 of the Penal Code (Cap. 224); that he did not come within any of the general exceptions in Chapter IV of that Code; and that it did not fall within any of the Exceptions to section 300 or that, if it did fall within Exception 1, one or other of the 3 provisos to that Exception applied to it.
(b)
A is charged under section 326 of the Penal Code with voluntarily causing grievous hurt to B by using an instrument for shooting. This is equivalent to a statement that section 335 of that Code and the general exceptions in Chapter IV of that Code did not apply to it.
(c)
A is accused of murder, cheating, theft, extortion, criminal intimidation or using a false property mark. The charge may state, without referring to the definitions of those offences in the Penal Code, that A committed murder or cheating or theft or extortion or criminal intimidation or that he used a false property mark, but the charge must refer to the section under which each offence is punishable.
(d)
A is charged under section 184 of the Penal Code with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.
(7)  All charges upon which persons are tried before the High Court shall be —
(a)
in accordance with the prescribed form;
(b)
brought in the name of the Public Prosecutor; and
(c)
signed by the Public Prosecutor or by some person authorised by him in that behalf and in the latter case, the words “By authority of the Public Prosecutor” shall be prefixed to the signature.
Details of time, place and person or thing
124.
—(1)  The charge must contain details of the time and place of the alleged offence and the person, if any, against whom or the thing, if any, in respect of which it was committed, as are reasonably sufficient to give the accused notice of what he is charged with.
(2)  If the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it shall be sufficient to specify —
(a)
the gross sum in respect of which the offence is alleged to have been committed; and
(b)
the dates between which the offence is alleged to have been committed, which period shall not exceed 12 months,
without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence.
When manner of committing offence must be stated
125.  If the particulars mentioned in sections 123 and 124 do not give the accused sufficient notice of what he is charged with, then the charge must also give details of how the alleged offence was committed as will be sufficient for that purpose.
Illustrations
(a)
A is accused of theft of a certain article at a certain time and place. The charge need not state how the theft was effected.
(b)
A is accused of cheating B at a given time and place. The charge must state how A cheated B.
(c)
A is accused of giving false evidence at a given time and place. The charge must state that portion of A’s evidence that is alleged to be false.
(d)
A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must state how A obstructed B in discharging his functions.
(e)
A is accused of the murder of B at a given time and place. The charge need not state how A murdered B.
(f)
A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must state the disobedience charged and the law broken.
Sense of words used in charge to describe offence
126.  In every charge, words used to describe an offence shall be deemed to have been used in the sense attached to them respectively by the law under which that offence is punishable.
Effect of errors
127.  No error in stating either the offence or the particulars that must be stated in the charge, and no omission to state the offence or those details shall be regarded at any stage of the case as material unless the accused was in fact misled by that error or omission.
Illustrations
(a)
A is charged under section 242 of the Penal Code (Cap. 224) with “having been in possession of a counterfeit coin having known at the time when he became possessed of it that the coin was counterfeit”, but the word “fraudulently” is omitted from the charge. Only if A was actually misled by this omission may the error be regarded as material.
(b)
A is charged with cheating B. How he cheated B is not stated in the charge or is stated incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The court may infer from this that omitting to state, or stating incorrectly, how B was cheated is not a material error.
(c)
A is charged with cheating B. How he cheated B is not stated in the charge. There were many transactions between A and B and A had no means of knowing to which of them the charge referred and offered no defence. The court may infer from those facts that omitting to state how B was cheated was a material error.
(d)
A was charged with murdering Tan Ah Teck on 5 June 1996 and Tan Ah Tuck, who tried to arrest him for that murder, on 6 June 1996. While charged with murdering Tan Ah Teck, A was tried for the murder of Tan Ah Tuck. The witnesses present in his defence were witnesses in the case of Tan Ah Teck. The court may infer from this that A was misled and that the error was material.
Court may alter charge or frame new charge
128.
—(1)  A court may alter a charge or frame a new charge, whether in substitution for or in addition to the existing charge, at any time before judgment is given.
(2)  A new or altered charge must be read and explained to the accused.
Trial after alteration of charge or framing of new charge
129.
—(1)  If a charge is altered or a new charge framed under section 128, the court must immediately call on the accused to enter his plea and to state whether he is ready to be tried on this altered or new charge.
(2)  If the accused declares that he is not ready, the court must duly consider any reason he gives.
(3)  If the court thinks that proceeding immediately with the trial is unlikely to prejudice the accused’s defence or the prosecutor’s conduct of the case, then it may proceed with the trial.
(4)  If the court thinks otherwise, then it may direct a new trial or adjourn the trial for as long as necessary.
Stay of proceedings if altered or new charge requires Public Prosecutor’s consent
130.
—(1)  If the offence stated in the altered or new charge is one that requires the Public Prosecutor’s consent under section 10(1), then the trial must not proceed before the consent is obtained, unless it has already been obtained for a prosecution on the same facts as those on which the altered or new charge is based.
(2)  If consent for the prosecution is or has been obtained, all evidence previously admitted by the court in the trial shall be deemed to have been admitted in evidence in the trial of the altered or new charge.
Recall of witnesses on trial of altered or new charge
131.  If a charge is altered or a new charge is framed by the court after the start of a trial, the prosecutor and the accused must, on application to the court by either party, be allowed to recall or re-summon and examine any witness who may have been examined, with reference to the altered or newly framed charge only, unless the court thinks that the application is frivolous or vexatious or is meant to cause delay or to frustrate justice.
Separate charges for distinct offences
132.
—(1)  For every distinct offence of which any person is accused, there must be a separate charge and, subject to subsection (2), every charge must be tried separately.
(2)  Subsection (1) does not apply —
(a)
in the cases mentioned in sections 133 to 136, 138, 143, 144 and 145;
(b)
to charges to which the accused pleads guilty; or
(c)
to charges which the accused and the prosecutor consent to be taken into consideration under section 148.
Illustration
A is accused of a theft on one occasion and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt. However, he does not need to be separately tried if he pleads guilty to both charges or if he pleads guilty to one charge and consents to the other charge being taken into consideration under section 148.
Joining of similar offences
133.  When a person is accused of 2 or more offences, he may be charged with and tried at one trial for any number of those offences if the offences form or are a part of a series of offences of the same or a similar character.
Trial for more than one offence
134.  If, in one series of acts connected so as to form the same transaction, 2 or more offences are committed by the same person, then he may be charged with and tried at one trial for every such offence.
Illustrations
The separate charges referred to in illustrations (a) to (g) below respectively may be tried at one trial.
(a)
A rescues B, a person in lawful custody, and in doing so causes grievous hurt to C, a constable in whose custody B was. A may be separately charged with offences under sections 225 and 333 of the Penal Code (Cap. 224).
(b)
A has in his possession several seals that he knows to be counterfeit and intends to use them to commit forgeries punishable under section 466 of the Penal Code. A may be separately charged with the possession of each seal under section 473 of the Penal Code.
(c)
Intending to cause injury to B, A begins a criminal proceeding against him knowing that there is no just or lawful basis for the proceeding; and also falsely accuses B of having committed an offence knowing there is no just or lawful basis for the charge. A may be separately charged with 2 offences under section 211 of the Penal Code.
(d)
Intending to cause injury to B, A falsely accuses him of having committed an offence knowing that there is no just or lawful basis for the charge. At the trial A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. A may be separately charged with offences under sections 211 and 194 of the Penal Code.
(e)
A, with 6 others, commits the offences of rioting, causing grievous hurt and assaulting a public servant trying to suppress the riot in the discharge of his duty. A may be separately charged with offences under sections 145, 325 and 152 of the Penal Code.
(f)
A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may be separately charged with each of the 3 offences under section 506 of the Penal Code.
(g)
A locks B and C in a room and then sets fire to that room, intending thereby to cause their deaths. A may be separately charged with each of the 2 offences under section 302 of the Penal Code.
Trial of offences within 2 or more definitions
135.  If the alleged acts constitute an offence falling within 2 or more separate definitions of any law by which offences are defined or punished, then the person accused of them may be charged with and tried at one trial for each of those offences.
Illustrations
The separate charges referred to in illustrations (a) to (d) below respectively may be tried at one trial.
(a)
A wrongfully strikes B with a cane. A may be separately charged with offences under sections 352 and 323 of the Penal Code (Cap. 224).
(b)
Several stolen sacks of rice are passed to A and B, who know they are stolen property, so they can conceal them. A and B then voluntarily help each other to conceal the sacks at the bottom of a grain-pit. A and B may be separately charged with offences under sections 411 and 414 of the Penal Code.
(c)
A exposes her child with the knowledge that by doing so she is likely to cause its death. The child dies as a result. A may be separately charged with offences under sections 317 and 304 of the Penal Code.
(d)
A dishonestly uses a forged document as evidence to convict B, a public servant, of an offence under section 167 of the Penal Code. A may be separately charged with offences under sections 471 (read with section 466) and 196 of the Penal Code.
Acts forming one offence but when combined form different offence
136.  If several acts of which one or more than one would by itself or themselves constitute an offence but when combined constitute a different offence, the person accused of them may be charged with and tried at one trial for the offence constituted by those acts when combined or for any offence constituted by any one or more of those acts.
Illustration
A robs B, and in doing so voluntarily hurts him. A may be separately charged with offences under sections 323, 392 and 394 of the Penal Code and he may be tried at one trial for those offences.
Sections 134, 135 and 136 not to affect section 308
137.  Nothing in section 134, 135 or 136 shall affect section 308.
If it is doubtful what offence has been committed
138.  If a single act or series of acts is such that it is doubtful which of several offences the provable facts will constitute, the accused may be charged with all or any of those offences and any number of the charges may be tried at once, or he may be charged in the alternative with any one of those offences.
Illustrations
(a)
A is accused of an act that may amount to theft or receiving stolen property or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft or receiving stolen property or criminal breach of trust or cheating.
(b)
A states on oath before the committing Magistrate that he saw B hit C with a club. Before the High Court, A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence although it cannot be proved which of these contradictory statements was false.
When person charged with one offence can be convicted of another
139.  If in the case mentioned in section 138 the accused is charged with one offence and it appears in evidence that he committed a different offence for which he might have been charged under that section, he may be convicted of the offence that he is shown to have committed although he was not charged with it.
Illustration
A is charged with theft. In evidence it appears that he committed the offence of criminal breach of trust or of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods, as the case may be, although he was not charged with that offence.
Conviction of attempt or abetment
140.  When the accused is charged with an offence, he may be convicted of having attempted to commit it or of having abetted its commission, although neither the attempt nor the abetment is separately charged.
When offence proved is lesser offence
141.
—(1)  If the charge against a person in respect of any offence consists of several particulars, a combination of only some of which forms a complete lesser offence, and the combination is proved but the remaining particulars are not proved, he may be convicted of the lesser offence although he was not charged with it.
(2)  When a person is charged with an offence and facts are proved which reduce it to a lesser offence, he may be convicted of the lesser offence although he is not charged with it.
Illustrations
(a)
A is charged under section 407 of the Penal Code (Cap. 224) with criminal breach of trust in respect of property entrusted to him as a carrier. It appears that he did commit criminal breach of trust under section 406 of the Penal Code in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under section 406 of the Penal Code.
(b)
A is charged under section 325 of the Penal Code with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of the Penal Code.
Where court finds offence referred to in section 10 proved
142.  Where the court makes a finding under section 139 or 141 that any offence referred to in section 10(1) has been proved, the court may only pronounce a conviction if the consent of the Public Prosecutor is obtained.
Persons who may be charged and tried jointly
143.  The following persons may be charged and tried together or separately:
(a)
persons accused of the same offence committed in the same transaction;
(b)
persons accused of different offences committed in the same transaction;
(c)
persons accused of 2 or more offences which form or are a part of a series of offences of the same or a similar character;
(d)
a person accused of an offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating, and another person accused of receiving or retaining or assisting in the disposal or concealment of the subject matter of that offence;
(e)
persons accused of offences under sections 411 and 414 of the Penal Code (Cap. 224), or either of those sections, in respect of the same stolen property, the possession of which has been transferred as a result of the original offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating;
(f)
a person accused of any offence under Chapter XII of the Penal Code relating to a counterfeit coin, and a person accused of any other offence under that Chapter relating to the same coin;
(g)
a person accused of committing an offence and a person accused of abetment of or attempt to commit that offence.
Illustrations
(a)
A and B are accused of the same murder. A and B may be charged and tried together for the murder.
(b)
A and B are accused of a robbery during which A commits a murder with which B has nothing to do. A and B may be tried together, where both will be tried for robbery and A tried also for the murder.
(c)
A and B are both charged with a theft and B is charged with 2 other thefts he committed during the same transaction. A and B may both be tried together, where both will be tried for the one theft and B alone for the 2 other thefts.
(d)
A commits theft of a computer. B, knowing that the computer was stolen, receives it from A. B then passes it to C who, knowing that the computer was stolen, disposes of it. A, B and C may all be tried together.
(e)
A and B are accused of giving false evidence in the same proceedings. They should be charged and tried separately.
Joint trials for connected offences
144.  Notwithstanding section 143, a person may be separately charged and tried together with any other person accused of another offence under the same written law, if both offences arise from the same series of acts, whether or not they form the same transaction.
Illustrations
(a)
A agrees to let B keep his benefits of drug trafficking in A’s bank account to avoid detection. A and B may be separately charged and tried together for offences under sections 43(1)(a) and 46(1)(a) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A) respectively as the offences arise from the same series of acts.
(b)
A sells 10 grams of diamorphine to B. Out of the 10 grams of diamorphine, B sells 5 grams to C. A, B and C may be separately charged and tried together for offences under section 5(1)(a) of the Misuse of Drugs Act (Cap. 185) as the offences arise from the same series of acts.
(c)
A has in his possession a secret official code word which has been entrusted in confidence to him by a person holding office under the Government and fails to take reasonable care of the secrecy of the information. As a result of A’s failure, B comes into possession of the secret official code word and retains it for a purpose prejudicial to the safety of Singapore when he has no right to retain it. A and B may be separately charged and tried together for offences under sections 5(1)(d)(iv) and 6(2)(a) of the Official Secrets Act (Cap. 213) respectively as the offences arise from the same series of acts.
(d)
A gives B a gratification as an inducement for awarding a contract by B’s company to A. A and B may be separately charged and tried together for offences under section 6(b) and (a) of the Prevention of Corruption Act (Cap. 241) respectively as the offences arise from the same series of acts.
(e)
Members of opposing factions in an unlawful assembly or a riot may be separately charged and tried jointly as the offence of unlawful assembly or rioting arises from the same series of acts.
Joint trials with consent
145.
—(1)  A court may try offences together at one trial or order a joint trial notwithstanding that it cannot do so by virtue of section 133, 134, 135, 136, 138, 143 or 144, if —
(a)
in a case where an accused is charged with 2 or more offences, the Public Prosecutor and the accused consent to have all such offences tried together;
(b)
in a case where 2 or more persons are charged with separate offences, the Public Prosecutor and all such persons consent to a joint trial.
(2)  Notwithstanding subsection (1), the court shall not try offences together or order a joint trial in relation to a person who had earlier given consent under that subsection if —
(a)
at the time when the consent is given, the person is not represented by an advocate; and
(b)
at the time of the trial, that person objects to the court trying the offences together or to the joint trial.
Separate trial when accused is prejudiced
146.  Notwithstanding any other provision in this Code, where before a trial or at any stage of a trial, a court is of the view that an accused may be prejudiced or embarrassed in his defence because —
(a)
he is charged with and tried at one trial for more than one offence under section 133, 134, 135, 136 or 145(1)(a); or
(b)
he is charged with and tried at one trial with one or more other co-accused under section 143, 144 or 145(1)(b),
the court may order that he be charged and tried separately for any one or more of the offences.
Withdrawal of remaining charges on conviction on one of several charges
147.
—(1)  Where 2 or more charges are made against the same person and he has been convicted on one or more of them, the prosecution may, with the consent of the court, withdraw the remaining charge or any of the remaining charges.
(2)  Such withdrawal shall have the effect of an acquittal on the remaining charge or charges withdrawn unless the conviction is set aside.
(3)  Where a conviction is set aside under subsection (2), and subject to any order of the court setting aside the conviction, the court may proceed with the trial of the charge or charges previously withdrawn.
Outstanding offences
148.
—(1)  If the accused is found guilty of an offence in any criminal proceedings begun by or on behalf of the Public Prosecutor, the court in determining and passing sentence may, with the consent of the prosecution and the accused, take into consideration any other outstanding offences that the accused admits to have committed.
(2)  If the outstanding offences referred to in subsection (1) were not begun by or on behalf of the Public Prosecutor, the court must first be satisfied that the person or authority by whom those proceedings were begun consents to that course of action.
(3)  The High Court may, under subsection (1), take into consideration any outstanding offences an accused admits to have committed when passing sentence, notwithstanding that no committal hearing under Division 2 of Part X or no transmission proceedings under Division 5 of Part X have been held in respect of those outstanding offences.
(4)  When consent is given under subsection (1) or (2) and any outstanding offences are taken into consideration in determining and passing sentence, such fact must be entered in the court’s record.
(5)  After being sentenced, the accused may not, unless his conviction for the original offence under subsection (1) is set aside, be charged or tried for any such offence that the court had taken into consideration under this section.
Death of accused
149.  Every charge or criminal proceeding abates on the death of the accused, and the court must so order if it is satisfied that he is dead.
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;
(iii)
proceed in accordance with section 15 of the Community Mediation Centres Act (Cap. 49A); or
(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 (Cap. 49A) 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.
PART IX
PRE-TRIAL PROCEDURES IN THE SUBORDINATE COURTS
Division 1 — General matters
Interpretation of this Part
157.  In this Part —
“Case for the Defence” means the document by that name referred to in section 165;
“Case for the Prosecution” means the document by that name referred to in section 162;
“co-accused” means any person who is to be tried jointly with an accused and to whom the criminal case disclosure procedures apply by virtue of section 159;
“court” means a Magistrate’s Court or a District Court, as the case may be;
“criminal case disclosure conference” means any conference held under Division 2 in respect of any offence to which the criminal case disclosure procedures apply by virtue of section 159;
“criminal case disclosure procedures” means the procedures under Division 2.
Reading of charge
158.  In a case to be tried in a Magistrate’s Court or District Court, the following provisions apply:
(a)
when an accused is first charged in the court for an offence, a charge must be framed, read and explained to him;
(b)
the accused must be asked whether he wishes to claim trial or plead guilty to the charge unless either party to the case applies for, and the court grants, an adjournment without the plea being recorded; and
(c)
if the accused, after he has been asked to plead —
(i)
pleads guilty to the charge, Division 3 of Part XI applies;
(ii)
refuses to plead or does not plead or claims trial to the charge, and the case is subject to the criminal case disclosure procedures by virtue of section 159, Division 2 applies; or
(iii)
refuses to plead or does not plead or claims trial to the charge, and the case is not subject to the criminal case disclosure procedures by virtue of section 159, Division 4 applies.
When criminal case disclosure procedures apply
159.
—(1)  Subject to subsection (2), the criminal case disclosure procedures shall apply to an offence which ––
(a)
is specified in the Second Schedule; and
(b)
is to be tried in a District Court.
(2)  The criminal case disclosure procedures shall not apply if the accused, on or before the date of the first criminal case disclosure conference fixed by a court under section 161(1), or such other date to which the first criminal case disclosure conference is adjourned under section 238, informs the court that he does not wish to have the criminal case disclosure procedures apply.
(3)  For any offence other than an offence referred to in subsection (1), the criminal case disclosure procedures shall not apply unless all parties consent to have the procedures apply.
Division 2 — Criminal case disclosure procedures
Criminal case disclosure conference
160.
—(1)  The prosecution and the accused shall attend a criminal case disclosure conference as directed by a court in accordance with this Division for the purpose of settling the following matters:
(a)
the filing of the Case for the Prosecution and the Case for the Defence;
(b)
any issues of fact or law which are to be tried by the trial judge at the trial proper;
(c)
the list of witnesses to be called by the parties to the trial;
(d)
the statements, documents or exhibits which are intended by the parties to the case to be admitted at the trial; and
(e)
the trial date.
(2)  The Magistrate or District Judge who presides over a criminal case disclosure conference must not make any order in relation to any matter referred to in subsection (1) in the absence of any party if the order is prejudicial to that party.
(3)  Where an accused claims trial, the Magistrate or District Judge who had presided over the criminal case disclosure conference in relation to the accused’s case must not conduct the trial.
(4)  Where an accused informs the court during any criminal case disclosure conference conducted under this Division that he intends to plead guilty to the charge, the court must fix a date for his plea to be taken in accordance with Division 3 of Part XI.
When Case for the Prosecution is served
161.
—(1)  In a case where the criminal case disclosure procedures apply by virtue of section 159, and on the date the accused is asked by the court how he wishes to plead and the accused refuses to plead or does not plead or claims trial, the court must, unless there are good reasons, fix a first criminal case disclosure conference not earlier than 8 weeks from that date.
(2)  If, at the first criminal case disclosure conference, or such other date to which the first criminal case disclosure conference has been adjourned under section 238, the accused does not indicate that he wishes to plead guilty to the charge, the prosecution must file in court the Case for the Prosecution and serve a copy of this on the accused and every co-accused, if any, not later than 2 weeks from the date of the first criminal case disclosure conference or such date to which the first criminal case disclosure conference is adjourned.
(3)  Where at a criminal case disclosure conference, the accused indicates that he wishes to claim trial to more than one charge, the Case for the Prosecution to be served under subsection (2) shall only relate to those charges that the prosecution intends to proceed with at the trial.
(4)  The court may at any time fix a date for a further criminal case disclosure conference not earlier than 7 days from the date the Case for the Prosecution is to be filed under this section.
Contents of Case for the Prosecution
162.  The Case for the Prosecution must contain —
(a)
the charge which the prosecution intends to proceed with at the trial;
(b)
a summary of the facts in support of the charge;
(c)
a list of the names of the witnesses for the prosecution;
(d)
a list of the exhibits that are intended by the prosecution to be admitted at the trial; and
(e)
any statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution.
Illustrations
(a)
A is charged with theft of a shirt from a shop. The summary of facts should state the facts in support of the charge, for example, that A was seen taking a shirt in the shop and putting it into his bag, and that A left the shop without paying for the shirt.
(b)
A is charged with conspiracy to cheat together with a known person and an unknown person. The summary of facts should state —
(i)
when and where the conspiracy took place; and
(ii)
who the known conspirators were and what they did.
(c)
A is charged with robbery and 3 separate statements, X, Y and Z were recorded from him by the police at 3 different time periods. If the prosecution intends to adduce in evidence as part of the Case for the Prosecution statement Y, but not statements X and Z, the Case for the Prosecution must contain the entire statement Y. The Case for the Prosecution need not contain statements X and Z.
When Case for the Defence is served
163.
—(1)  At the further criminal case disclosure conference held on the date referred to in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the accused does not indicate that he wishes to plead guilty, the defence must file in court the Case for the Defence and serve a copy thereof on the prosecution and on every co-accused who is claiming trial with him, if any, not later than 2 weeks from the date of the further criminal case disclosure conference or such date to which the further criminal case disclosure conference is adjourned.
(2)  The court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under subsection (1) and after the prosecution is to serve on the accused copies of the statements, exhibits and records referred to in section 166(1).
Court to explain to unrepresented accused certain requirements and consequences
164.  At the further criminal case disclosure conference held on the date referred to in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the accused is not represented by an advocate, the court must explain to him, in accordance with the prescribed form, the requirements of section 163(1), the effect of section 166 and the consequences provided under section 169(1).
Contents of Case for the Defence
165.
—(1)  The Case for the Defence must contain —
(a)
a summary of the defence to the charge and the facts in support of the defence;
(b)
a list of the names of the witnesses for the defence;
(c)
a list of the exhibits that are intended by the defence to be admitted at the trial; and
(d)
if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —
(i)
a statement of the nature of the objection;
(ii)
the issue of fact on which evidence will be produced; and
(iii)
the points of law in support of such objection.
Illustration 1
A is charged with robbery. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim gave the items to A voluntarily) and any issue of law which A intends to rely on (for example, that A’s act did not amount to robbery as the elements of that offence were not made out, or that a general exception in Chapter IV of the Penal Code (Cap. 224) applied in this case).
Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of his statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements he intends to challenge and the facts that he intends to rely on to support his challenge.
(2)  Notwithstanding subsection (1), an accused who is not represented by an advocate need not state any —
(a)
objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or
(b)
point of law in support of any objection raised by the defence.
Time for service of other statements and exhibits
166.
—(1)  Where the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks from the date of service, serve on the accused copies of —
(a)
all other statements given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial;
(b)
the documentary exhibits referred to in section 162(d); and
(c)
criminal records, if any, of the accused, upon payment of the prescribed fee.
(2)  Where the Case for the Defence has not been served on the prosecution, the prosecution —
(a)
need not serve on the defence any of the statements, exhibits or records referred to in subsection (1); and
(b)
may use any such statements, exhibits or records at the trial.
Fixing dates for trial
167.  If, at the further criminal case disclosure conference held on the date referred to in section 163(2), the accused does not indicate that he wishes to plead guilty, the court may fix a date for trial.
If co-accused charged subsequently
168.  If, subsequent to any criminal case disclosure conference held under this Division in relation to an accused, a co-accused is charged, the court may do all or any of the following:
(a)
order the prosecution to serve on the co-accused the Case for the Prosecution in relation to the accused;
(b)
order the accused to serve on the co-accused his Case for the Defence, if any.
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 the accused;
(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.
Division 4 — Where criminal case disclosure procedures do not apply
Court to try accused or transfer case
170.  In a case where the criminal case disclosure procedures do not apply by virtue of section 159, and on the date the accused is asked by the court how he wishes to plead and the accused refuses to plead or does not plead or claims trial, the court may —
(a)
proceed to try the accused immediately or on such date as the court directs; or
(b)
transfer the case to another court of equal jurisdiction for the case to be tried in accordance with Part XII at a later date.
Pre-trial conference
171.  In a case where the criminal case disclosure procedures do not apply by virtue of section 159, a court may, at any time, fix the date for and conduct a pre-trial conference to settle any administrative matter in relation to a trial.
PART X
PRE-TRIAL PROCEDURES IN HIGH COURT
Division 1 — General matters
Interpretation of this Part
172.  In this Part —
“Case for the Defence” means the document by that name referred to in sections 195 and 217;
“Case for the Prosecution” means the document by that name referred to in sections 176(4) and 214;
“co-accused” means any person who is to be tried jointly with an accused in the High Court.
When accused first produced in court
173.  In a case that is triable only in the High Court, the accused shall be first produced before a Magistrate’s Court and the charge shall be explained to him but he shall not be called upon to plead thereto.
Remand of accused
174.  Any such person produced under section 173 may be remanded in accordance with section 238.
[2/2012]
Procedure for cases to be tried in High Court
175.
—(1)  Before a case is to be tried in the High Court, the committal procedures under Division 2 or the transmission procedures under Division 5 shall apply in accordance with this section.
(2)  Subject to subsections (3), (4) and (5), the committal procedures under Division 2 shall be held for the purpose of committing an accused to stand trial in the High Court where the accused is to be tried in the High Court for an offence.
(3)  The transmission procedures under Division 5 shall apply to any offence specified in the Third Schedule which is to be tried in the High Court.
(4)  Where an accused may be tried at the same trial in the High Court for an offence specified in the Third Schedule, together with an offence which is not specified in the Third Schedule and is not punishable with death, the transmission procedures under Division 5 shall apply to both offences.
(5)  Where an accused may be tried at the same trial in the High Court for an offence specified in the Third Schedule, together with an offence which is not specified in the Third Schedule and is punishable with death, the transmission procedures under Division 5 shall apply to the offence specified in the Third Schedule and the committal procedures under Division 2 shall apply to the other offence.
Division 2 — Committal procedures for cases triable by High Court
Committal hearing
176.
—(1)  The prosecution and the accused shall attend a criminal case disclosure conference as directed by a court for the purpose of settling the following matters:
(a)
the charge that the prosecution intends to proceed with;
(b)
whether the accused intends to plead guilty or claim trial to the charge; and
(c)
the date for the holding of a committal hearing.
(2)  If the accused intends to plead guilty to an offence other than an offence punishable with death, the court shall fix a date for a committal hearing to be conducted in accordance with section 178(1).
(3)  If the accused intends to plead guilty to an offence punishable with death, or intends to claim trial —
(a)
the court shall fix a date for a committal hearing; and
(b)
the prosecution must file in court the Case for the Prosecution and serve a copy of this on the accused and every co-accused, if any, not less than 7 days before the date fixed for the committal hearing.
(4)  The Case for the Prosecution filed under subsection (3)(b) must contain the following:
(a)
the charge which the prosecution intends to proceed with at the trial;
(b)
a list of the names of the witnesses for the prosecution;
(c)
a list of exhibits that are intended by the prosecution to be admitted at the trial;
(d)
the statements of witnesses which are intended by the prosecution to be admitted under section 179(1); and
(e)
any statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution.
Examining Magistrate to conduct committal hearing
177.
—(1)  A committal hearing under this Division shall be held before a Magistrate (referred to as the examining Magistrate).
(2)  Whenever from any cause an examining Magistrate conducting a committal hearing is unable to conveniently complete the proceedings of the hearing himself, another examining Magistrate may complete the hearing and proceed as if he had heard and recorded all the evidence himself.
Committal hearing where accused wishes to plead guilty
178.
—(1)  Subject to subsection (2), where an accused who is brought before an examining Magistrate states that he wishes to plead guilty to the charge preferred against him, the Magistrate shall record the facts of the case presented by the prosecution and if the facts disclose sufficient grounds for committing the accused, he shall satisfy himself that the accused understands the nature of the charge and intends to admit without qualification the offence alleged against him and, on being so satisfied, shall commit the accused for trial for the offence.
(2)  Where the accused wishes to plead guilty to an offence punishable with death, the examining Magistrate shall proceed to hear all the evidence tendered by the prosecution and the defence, which shall consist of the written statements referred to in section 179, and satisfy himself that the statements disclose sufficient evidence for him to commit the accused for trial for the offence.
(3)  After an accused has been committed for trial for any offence under this section, the Registrar of the Supreme Court may at any time fix a date for the plea of guilty by the accused to be taken in accordance with Division 3 of Part XI.
Use of written statements
179.
—(1)  Notwithstanding anything in this Code or in any other written law, in a committal hearing conducted under this Division, a written statement made by any person is admissible as evidence to the same extent and to the same effect as oral evidence by the person, if the following conditions are satisfied:
(a)
the statement appears to be signed by the person who made it;
(b)
the statement contains a declaration by the person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were given in evidence, he would be liable to prosecution if he stated in it anything he knew to be false or did not believe to be true; and
(c)
before the statement is given in evidence, a copy of the statement is served, by or on behalf of the party proposing to give it, on each of the other parties to the committal hearing not less than 7 days before the date of the committal hearing.
(2)  The following provisions also apply to any written statement given in evidence under this section:
(a)
if the statement is by a person below the age of 21 years, it must state his age;
(b)
if it is made by a person who cannot read it, it must be read to him before he signs it and must be accompanied by a declaration by the person who read the statement to him, stating that it was so read; and
(c)
if it refers to any other document as an exhibit, the copy of the written statement served on any other party to the committal hearing under subsection (1)(c) must be accompanied by a copy of that document or by information that will enable the party on whom it is served to inspect that document or make a copy of it.
(3)  Where a written statement made by any person is admitted in evidence under this section, the examining Magistrate may, of his own motion or on the application of any party to the committal hearing, require the person to attend before the examining Magistrate and give evidence.
(4)  So much of any statement as is admitted in evidence under this section must, unless the examining Magistrate otherwise directs, be read aloud at the hearing and where the examining Magistrate so directs, an account shall be given orally of so much of any statement as is not read aloud.
(5)  A document or an object referred to as an exhibit and identified in a written statement given in evidence under this section must be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.
(6)  Section 297 shall apply to any written statement tendered in evidence at a committal hearing under this section, as it applies to a deposition taken in the committal hearing.
When accused to be discharged
180.
—(1)  When the written statements and all the other evidence, if any, in support of the prosecution have been received in evidence, the examining Magistrate shall, if he finds that there are insufficient grounds for committing the accused for trial, discharge him.
(2)  Nothing in this section shall be deemed to prevent an examining Magistrate from discharging the accused at any previous stage of the case if for reasons to be recorded by the examining Magistrate, he considers the charge to be groundless.
(3)  When the examining Magistrate is of the opinion that there are peculiar difficulties or circumstances connected with the case or whenever he is so directed by the Public Prosecutor, he shall remand the accused or admit him to bail and shall forthwith forward the evidence before the court to the Public Prosecutor in order that he may give such instructions as to him appear requisite.
When charge to be framed
181.  If after taking the written statements and all the other evidence, if any, in support of the prosecution, the examining Magistrate is of the opinion that, on the evidence as it stands, the accused should be committed for trial on the charge that the prosecution tenders to the examining Magistrate, the charge shall be read and explained to the accused and the examining Magistrate shall say to him these words or words to the like effect:
“Having heard the evidence, do you wish to say anything in answer to the charge? You have nothing to hope from any promise of favour and nothing to fear from any threat which may have been held out to you to induce you to make any confession of your guilt. You are not bound to say anything unless you desire to do so but whatever you say will be taken down in writing and may be given in evidence at your trial.”.
Committal when defence reserved
182.  If the accused elects to reserve his defence, he shall forthwith be committed for trial before the High Court.
Defence of accused
183.
—(1)  If the accused elects to make his defence before the examining Magistrate instead of making a written statement under section 179, the statement made by the accused, if any, shall be taken down in writing and read over to him and shall be signed by the examining Magistrate and kept with the written statements made under section 179 and depositions, if any, and forwarded with them as hereinafter mentioned.
(2)  The evidence of the accused if he tenders himself as a witness in his own behalf in lieu of making a statement under subsection (1) or section 179 and of any witnesses whom he may desire to call shall then be taken.
(3)  Notwithstanding anything in the Evidence Act (Cap. 97), the accused shall be a competent witness in his own behalf in a committal hearing under this Division.
Addresses
184.  In a committal hearing under this Division, the accused or his advocate may at the end of the prosecution case and, if the accused has elected to make his defence, at the end of the defence case, address the examining Magistrate on a submission that there is insufficient evidence to put the accused on trial for the offence of which he is charged, and the person conducting the prosecution shall have the right of reply.
Discharge or committal after defence
185.  When sections 183 and 184 have been complied with, the examining Magistrate shall —
(a)
if he finds that there are insufficient grounds for committing the accused for trial, discharge the accused; or
(b)
if he finds that there are sufficient grounds for committing the accused for trial, commit the accused for trial before the High Court.
Bonds of witnesses
186.
—(1)  Witnesses for the prosecution and the defence whose attendance before the High Court is necessary and who have appeared before the examining Magistrate pursuant to section 179(3) or whose written statements have been admitted by the examining Magistrate under that section shall execute bonds binding themselves to be in attendance when called upon at the High Court to give evidence.
(2)  If any witness refuses to execute such bond, the examining Magistrate may commit him to prison until the trial or until he gives satisfactory security that he will give evidence at the trial.
Attendance at trial of person making report
187.
—(1)  Where any report under section 20 of the Coroners Act 2010 (Act 14 of 2010) or any document under section 263(1) has been used as evidence in a committal hearing, the examining Magistrate shall then inform the accused that he has the right to require the attendance of the person under whose hand the report or document is made as a witness at the trial, and that he may, to this end, give notice at any time before the trial to the Registrar of the Supreme Court, or to the officer in charge of the prison in which he is kept, of his wish that that person be required to attend at the trial.
(2)  On receiving any such notice from the accused, the officer in charge of the prison shall notify the Registrar of the Supreme Court.
(3)  The Registrar of the Supreme Court on receipt of such notice from the accused or from the officer in charge of the prison shall forthwith issue a summons to compel the attendance of that person at the trial.
(4)  Nothing in this section shall render such report or document inadmissible in evidence when the person who made it is dead or cannot be found or is incapable of giving evidence, or if his presence cannot be obtained without an amount of delay or expense which under the circumstances of the case the court considers unreasonable.
(5)  At any committal hearing, any report made under section 20 of the Coroners Act 2010 shall be admissible as evidence, and shall be prima facie evidence of the facts stated therein.
Procedure after committal of accused for trial
188.
—(1)  When the accused is committed for trial, the examining Magistrate shall send a copy of the record of the committal hearing to the Public Prosecutor and to the accused and, when the Magistrate receives an order from the Public Prosecutor to do so, forward the original record and any document, weapon or other thing which is to be produced in evidence to the Registrar of the Supreme Court.
(2)  Any such thing which from its bulk or otherwise cannot conveniently be forwarded to the Registrar of the Supreme Court may remain in the custody of the police or any other law enforcement agency.
(3)  A list of all exhibits with a note of their distinguishing marks and showing which of those exhibits are forwarded with the record and which remain in the custody of the police or any other law enforcement agency shall be forwarded to the Registrar of the Supreme Court with the record.
(4)  The record shall comprise the following particulars:
(a)
the serial number;
(b)
the date of the commission of the offence;
(c)
the date of the complaint, if any;
(d)
the name and residence of the complainant, if any;
(e)
the name, residence, if known, and nationality of the accused;
(f)
the offence complained of and the offence, if any, proved and the value of the property, if any, in respect of which the offence has been committed;
(g)
the date of the summons or warrant and of the return day of the summons, if any, or on which the accused was first arrested;
(h)
the date on which the accused first appeared or was brought before the Magistrate’s Court;
(i)
the date of the making of each adjournment or postponement, if any, and the date to which the adjournment or postponement was made and the grounds of making the same;
(j)
the date on which the proceedings terminated;
(k)
the order made;
(l)
the written statements referred to in section 179;
(m)
the depositions;
(n)
the statement or evidence of the accused under section 183, if any; and
(o)
the charge.
Custody of accused pending trial
189.
—(1)  The Magistrate’s Court shall, subject to the provisions of this Code regarding the taking of bail, commit the accused by warrant to custody until and during the trial.
(2)  This section shall not apply where the accused is a corporation.
Restrictions on reports of committal hearing
190.
—(1)  Except as provided by subsections (2) and (3), it shall not be lawful to publish a report of any committal hearing containing any matter other than that permitted by subsection (4).
(2)  A Magistrate’s Court shall, on an application for the purpose made with reference to any committal hearing by the accused person or one of the accused persons, as the case may be, order that subsection (1) shall not apply to reports of those proceedings.
(3)  It shall not be unlawful under this section to publish a report of any committal hearing containing any matter other than that permitted by subsection (4) —
(a)
where the examining Magistrate determines not to commit the accused person or persons for trial, after he so determines; and
(b)
where an examining Magistrate commits the accused person or any of the accused persons for trial, after the conclusion of his trial or, as the case may be, the trial of the last to be tried.
(4)  The following matters may be contained in a report of a committal hearing published without an order under subsection (2) before the time authorised by subsection (3):
(a)
the identity of the court and the name of the examining Magistrate;
(b)
the names, and occupations of the parties and the ages of the accused person or persons;
(c)
the offence or offences, or a summary of them, with which the accused person or persons is or are charged;
(d)
the names of advocates engaged in the proceedings;
(e)
any decision of the court to commit the accused person or any of the accused persons for trial, and any decision of the court on the disposal of the case of any accused person not committed;
(f)
where the court commits the accused person or any of the accused persons for trial, the charge or charges, or a summary of them, on which he is committed;
(g)
where the committal hearing is adjourned, the date to which it is adjourned;
(h)
any arrangements as to bail on committal or adjournment.
(5)  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.
(6)  Proceedings for an offence under this section shall not be instituted otherwise than by or with the consent of the Public Prosecutor.
(7)  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 a Magistrate’s Court and any other court.
(8)  In this section —
“broadcast” means any transmission of signs or signals for general reception, using wireless telecommunications or any other means of delivery, 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.
Certain provisions to prevail
191.  If a conflict arises between sections 176 to 190 and any other provisions of this Code or of any other written law, sections 176 to 190 shall prevail.
Procedure after case has been committed to High Court
192.
—(1)  After the accused has been committed to stand trial in the High Court (not being a committal for trial under section 178), the Registrar of the Supreme Court shall hold a criminal case disclosure conference not earlier than 7 days from the date the record of the committal hearing has been served on the parties under section 188.
(2)  The accused and the prosecution shall attend a criminal case disclosure conference as directed by the Registrar of the Supreme Court in accordance with this Division for the purpose of settling the following matters:
(a)
the filing of the Case for the Defence;
(b)
any issues of fact or law which are to be tried by the trial judge at the trial proper;
(c)
the list of witnesses to be called by the parties to the trial;
(d)
the statements, documents or exhibits which the parties to the case intend to adduce at the trial; and
(e)
the trial date.
(3)  The court must not make any order in relation to any matter referred to in subsection (2) in the absence of any party if the order is prejudicial to that party.
When Case for the Defence is served
193.
—(1)  If, at the criminal case disclosure conference held on the date referred to in section 192(1), or on such other date to which the criminal case disclosure conference is adjourned under section 238, the accused does not indicate that he wishes to plead guilty, the defence may file in court the Case for the Defence and serve a copy on the prosecution and on every co-accused who is claiming trial with him, if any, not later than 2 weeks from the date of the criminal case disclosure conference.
(2)  If the accused indicates that he does not wish to file the Case for the Defence, the Registrar of the Supreme Court may fix a date for trial in the High Court.
(3)  The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under subsection (1) and after the prosecution is to serve on the defence copies of the statements and records referred to in section 196(1).
Court to explain to unrepresented accused certain matters
194.  If, at the criminal case disclosure conference held on the date referred to in section 192(1), the accused is not represented by an advocate, the Registrar of the Supreme Court must explain to him, in accordance with the prescribed form, what he may do under section 193(1), the effect of section 196 and the consequences provided under section 209.
Contents of Case for the Defence
195.
—(1)  The Case for the Defence must contain —
(a)
a summary of the defence to the charge and the facts in support of the defence;
(b)
a list of the names of witnesses for the defence;
(c)
a list of the exhibits that are intended by the defence to be admitted at the trial; and
(d)
if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —
(i)
a statement of the nature of the objection;
(ii)
the issue of fact on which evidence will be adduced; and
(iii)
the points of law in support of such objection.
Illustration 1
A is charged with murder. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim attacked A with a knife first) and any issue of law (for example, that exceptions 2 (private defence) and 4 (sudden fight) to section 300 of the Penal Code (Cap. 224) apply).
Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of his statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements he intends to challenge and the facts that he intends to rely on to support his challenge.
(2)  Notwithstanding subsection (1), an accused who is not represented by an advocate need not state any —
(a)
objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or
(b)
point of law in support of any objection raised by the defence.
Time for service of other statements
196.
—(1)  After the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks from the date of service, serve on the accused or his advocate copies of —
(a)
all other statements given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial; and
(b)
criminal records, if any, of the accused, upon payment of the prescribed fee.
(2)  Where the Case for the Defence has not been served on the prosecution, the prosecution —
(a)
need not serve on the defence any statement or record referred to in subsection (1); and
(b)
may use any such statement or record at the trial.
Fixing dates for trial
197.  If, at the further criminal case disclosure conference referred to in section 193(3), the accused does not indicate that he wishes to plead guilty, the Registrar of the Supreme Court may fix a date for trial.
If co-accused charged subsequently
198.  If, subsequent to any criminal case disclosure conference held under this Division in relation to an accused, a co-accused is charged, the court may do all or any of the following:
(a)
order the prosecution to serve on the co-accused the Case for the Prosecution or the record of the committal hearing referred to in section 188(1) in relation to the accused;
(b)
order the accused to serve on the co-accused his Case for the Defence, if any.
Division 3 — Supplementary provisions to committal procedures
Persons to be deemed to have been brought before High Court in due course of law
199.  All persons appearing before the High Court (under a commitment for trial or in pursuance of bail so to appear) against whom charges are preferred by or at the instance of the Public Prosecutor shall, unless the contrary is shown, be deemed to have been brought before the Court in due course of law, and, subject to this Code, shall be tried upon the charges so preferred.
When Public Prosecutor may direct that accused be discharged
200.
—(1)  When a copy of the record of any committal hearing before a Magistrate’s Court has been transmitted to the Public Prosecutor as required by section 188, the Public Prosecutor, if he is of the opinion that no further proceedings should be taken in the case, may make an order in writing, signed by himself, directing the accused to be discharged from the matter of the charge and, if the accused is in custody, from further detention upon the charge.
(2)  The Public Prosecutor shall send such order to the Magistrate’s Court by which the accused was committed or held to bail and thereupon that Court shall cause the accused to be brought before it and discharged and shall record the order and the discharge made on it upon the proceedings.
(3)  The powers given to the Public Prosecutor by this section shall be exercised only by him.
Public Prosecutor may by fiat designate court of trial when criminal offence disclosed
201.
—(1)  Whenever the Public Prosecutor is of the opinion that a criminal offence is disclosed by the record and that further proceedings should be taken against the accused and that the evidence taken is sufficient to afford a foundation for a full and proper trial, he shall, by his fiat in writing signed by himself, designate the court, whether the High Court, a District Court or a Magistrate’s Court, before which the case shall be placed for trial and shall order the record of the case to be transmitted to the court so designated.
(2)  Such fiat shall be filed with and form part of the record of the case.
Procedure when court designated is High Court
202.
—(1)  If the court so designated is the High Court, the Public Prosecutor shall, with his fiat, send to the Magistrate’s Court a signed charge as required by section 123(7) which shall be annexed to and form part of the record.
(2)  The Magistrate’s Court shall forthwith serve a copy of that charge on the accused.
Procedure when court designated is not High Court
203.
—(1)  If the court so designated is other than the High Court, the accused and his sureties shall, if he is at large on bail, be served with a copy of the fiat and thereupon the bail of the accused shall be taken to refer to the court named in the fiat in the same manner as if that court had been the High Court.
(2)  If the accused is detained in prison, the court shall cause a copy of the fiat to be left with the officer in charge of the prison who shall make and deliver a copy of it to the accused and shall produce the prisoner for trial accordingly.
(3)  Any fiat made under this section shall be subject to any order made by the High Court under section 239.
Witnesses to be notified of change of court
204.
—(1)  If the court designated by the fiat of the Public Prosecutor for the trial of the accused is a court other than the High Court, that court shall cause notices to that effect to be served on the witnesses who have been bound over to appear and give evidence.
(2)  Thereupon the bail bond given by or for those witnesses shall be taken to refer to the court and time named in the notice in the same manner as if they had been bound over to appear and give evidence at that court and time, and the witnesses shall be legally bound to attend at the time appointed by that court for the trial of the case.
Public Prosecutor may issue subsequent fiat
205.  If the Public Prosecutor has by his fiat designated the High Court for the trial of the accused, he may nevertheless by subsequent fiat addressed to the High Court designate some other court for the trial, and sections 201(2), 203 and 204 shall then take effect as if the previous fiat had not been issued.
Public Prosecutor may alter or redraw charge
206.  Before ordering the record of the committal hearing to be forwarded to the court of trial, the Public Prosecutor shall, if it appears to him necessary or expedient to do so, alter or redraw the charge or frame an additional charge or additional charges against the accused having regard to the regulations made under this Code as to the form of charges.
Public Prosecutor may order proceedings before Magistrate’s Court to be transmitted to him
207.  Every Magistrate’s Court shall, whenever required to do so by the Public Prosecutor, immediately transmit to the Public Prosecutor the proceedings in any case in which a committal hearing has been or is being held before the Court and thereupon the hearing shall be suspended in the like manner as upon an adjournment of it.
Public Prosecutor may thereupon give instructions to Magistrate
208.
—(1)  The Public Prosecutor, upon the proceedings in any case being transmitted to him under section 207, may give such instructions with regard to the committal hearing to which those proceedings relate as he considers requisite, and thereupon the Magistrate shall carry into effect, subject to this Code, those instructions and shall conduct and conclude the committal hearing in accordance with the terms of those instructions.
(2)  The powers given to the Public Prosecutor by section 207 and this section shall be exercised only by him.
Division 4 — Non-compliance with certain requirements in Division 2
Consequences of non-compliance with certain requirements in Division 2
209.  The court may draw such inference as it thinks fit if —
(a)
the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 176(4) or 195(1), respectively; or
(b)
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.
Division 5 — Transmission proceedings
Transmission of case to High Court
210.
—(1)  Whenever the Public Prosecutor is of the opinion that there is sufficient evidence to afford a foundation for a full and proper trial, he shall, by fiat in writing signed by himself, designate the High Court to try —
(a)
an offence specified in the Third Schedule; or
(b)
the offences referred to in section 175(4) for which an accused may be tried at the same trial in the High Court.
(2)  Upon receipt of the fiat referred to in subsection (1) together with the charge, the Magistrate’s Court shall cause the charge to be read and explained to the accused and thereafter —
(a)
transmit the case to the High Court for the purpose of trial; and
(b)
order that the accused shall be remanded in custody until and during the trial, unless he is released on bail.
Public Prosecutor may issue subsequent fiat
211.  If the Public Prosecutor has by his fiat designated the High Court for the trial of the accused, he may nevertheless by subsequent fiat addressed to the High Court designate a District Court or a Magistrate’s Court for the trial.
Procedure after case has been transmitted to High Court
212.
—(1)  After the case has been transmitted to the High Court, the accused and the prosecution shall, unless the Registrar of the Supreme Court for good reason directs otherwise, attend a first criminal case disclosure conference, not earlier than 4 weeks from the date of transmission as directed by the Registrar of the Supreme Court for the purpose of settling the following matters:
(a)
the filing of the Case for the Prosecution and the Case for the Defence;
(b)
any issues of fact or law which are to be tried by the trial judge at the trial proper;
(c)
the list of witnesses to be called by the parties to the trial;
(d)
the statements, documents or exhibits which are intended by the parties to be admitted at the trial; and
(e)
the trial date.
(2)  The Registrar of the Supreme Court must not make any order in relation to any matter referred to in subsection (1) in the absence of any party if the order is prejudicial to that party.
(3)  Where an accused informs the Registrar of the Supreme Court during any criminal case disclosure conference conducted under this Division that he intends to plead guilty to the charge, the Registrar must fix a date for his plea to be taken in accordance with Division 3 of Part XI.
When Case for the Prosecution is served
213.
—(1)  If, at the first criminal case disclosure conference held on the date referred to in section 212(1), or on such other date to which the first criminal case disclosure conference has been adjourned under section 238, the accused does not indicate that he wishes to plead guilty to the charge, the prosecution must file in the High Court the Case for the Prosecution and serve a copy of this on the accused and every co-accused claiming trial with him, if any, not later than 2 weeks from the date of the first criminal case disclosure conference or such date to which the first criminal case disclosure conference is