Criminal Procedure Code

(CHAPTER 68)

(Original Enactment: Ordinance 2 of 1980)

REVISED EDITION 1985

(30th March 1987)

An Act relating to criminal procedure.

[16th May 1955]

PART I

PRELIMINARY

Chapter I

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. In this Code, unless there is something repugnant in the subject or context —

“advocate” means an advocate and solicitor lawfully entitled to practise in Singapore;

“bailable offence” means an offence shown as bailable in Schedule A or which is made bailable by any other law for the time being in force, and “non-bailable offence” means any other offence;

“complaint” means the 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;

“fine” includes any fine, pecuniary penalty or forfeiture or compensation adjudged upon any conviction of any crime or offence or for the breach of any law for the time being in force by any court;

“inquiry” includes every inquiry conducted under this Code before a Magistrate’s Court;

“judicial proceeding” means any proceeding in the course of which evidence is or may be legally taken;

“Magistrate” means a Magistrate appointed by the Chief Justice under the Subordinate Courts Act [Cap. 321];

“non-seizable offence” means an offence for which and “non-seizable case” means a case in which a police officer may not ordinarily arrest without warrant according to the third column of Schedule A;

“offence” means any act or omission made punishable by any law for the time being in force;

“place” includes a house, building, tent and vessel;

“police officer” means a person employed for police duties under any written law in force in Singapore relating to the raising or maintenance of a police force or invested under such written law with the powers of a police officer thereunder;

“Registrar” means the Registrar of the Supreme Court and includes a Deputy or an Assistant Registrar;

“seizable offence” means an offence for which and “seizable case” means a case in which a police officer may ordinarily arrest without warrant according to the third column of Schedule A;

“writing” and “written” include printing, lithography, photography, engraving and every other mode in which words or figures can be expressed on paper or on any substance;

“youthful offender” includes any child convicted of any offence punishable by fine or imprisonment who in the absence of legal proof to the contrary is above the age of 7 and under the age of 16 years in the opinion of the court before which the child is convicted;

words which refer to acts done extend also to illegal omissions;

all words and expressions used herein and defined in the Penal Code [Cap. 224] and not hereinbefore defined shall be deemed to have the meanings respectively attributed to them by that Code;

the marginal notes of this Code shall not affect the construction thereof.

Trial of offences under Penal Code or against other laws

3. All offences under the Penal Code [Cap. 224] shall be inquired into and tried according to the provisions of this Code; and all offences under any other law shall be inquired into and tried according to the same provisions, subject, however, to any written law for the time being in force regulating the manner or place of inquiring into or trying those offences.

Saving of powers of High Court and law officers

4. Nothing in this Code shall be construed as derogating from the powers or jurisdiction of the High Court or the Court of Criminal Appeal or of the Judges thereof or of the Attorney-General or of the Solicitor-General.

Laws of England, when applicable

5. 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 in Singapore the law relating to criminal procedure for the time being in force in England shall be applied so far as the procedure does not conflict or is not inconsistent with this Code and can be made auxiliary thereto.

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