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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.