PART 4 13.—(1) Whenever the Minister declares that an immediate threat to public peace exists within Singapore or any part thereof, any police officer not below the rank of sergeant may command any assembly of 10 or more persons within Singapore to disperse and it shall thereupon be the duty of those persons to disperse accordingly.| (2) Any person joining or continuing in any assembly referred to in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (3) Any declaration under subsection (1) shall, but without prejudice to the making of a further declaration, remain in force for a period not exceeding 48 hours. |
| (4) In any prosecution under this section, a certificate signed by the Minister as to the date and time of the making of a declaration shall be admissible in evidence and shall not be called in question in any court. |
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| Powers of search and boarding vessels |
14.—(1) A police officer not below the rank of sergeant may, without warrant and with or without assistance, enter and search any premises, stop and search any vehicle or individual, whether in a public place or not, if he suspects that any evidence of the commission of an offence is likely to be found on the premises or individual or in the vehicle, and may seize any evidence so found.(2) Without prejudice to the provisions of any other written law, any police officer may, when on duty and on the authority of a police officer not below the rank of sergeant —| (a) | stop, board and search any vessel not being or having the status of a ship of war; and | | (b) | remain on board so long as the vessel remains within the waters of Singapore. |
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| (3) Any police officer searching a vessel under subsection (2) may seize any evidence found therein of the commission of any offence under the provisions of any written law for the time being in force. |
| (4) Any person resisting or hindering or in any way obstructing any police officer carrying out a search under this section shall be guilty of an offence. |
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| Disposal of subversive documents |
| 15. Any subversive document seized under the provisions of this Act shall be destroyed or otherwise disposed of in such manner as the Commissioner of Police may order. |
| Failure to report offences |
16.—(1) Any person who, knowing or having reasonable cause to believe that another person is guilty of any offence included for the time being in the Second Schedule, fails to report the same to a police officer at the earliest possible opportunity shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years.| (2) Where any person is charged with an offence under subsection (1), the burden of proving that there was no opportunity of making a report to a police officer, or that such a report was, in fact, made by him at the earliest possible opportunity, shall lie on the accused. |
| (3) Subsection (1) shall not apply to communications made by a client to an advocate and solicitor which are protected from disclosure under section 128 of the Evidence Act 1893. |
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| Attempt to commit offences and assisting offenders |
17.—(1) Without prejudice to the operation of Chapter 5 and Chapter 23 of the Penal Code 1871, any person who attempts to commit, or does any act preparatory to the commission of an offence under this Act, shall be deemed to be guilty of that offence.| (2) No person, knowing or having reasonable cause to believe that another person has committed an offence under this Act, shall give that other person any assistance with intent thereby to prevent, hinder or interfere with the apprehension, trial or punishment of that person for that offence. |
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| Offences arrestable and non-bailable |
| 18. Every offence under this Act, other than an offence under section 9, shall be arrestable and non-bailable for the purposes of the Criminal Procedure Code 2010. |
| Offences by companies, etc. |
| 19. Where a person committing an offence under this Act is a company or other body corporate or any association of persons (whether incorporated or not), every director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of that offence. |
| 20. If any person contravenes or fails to comply with any of the provisions of this Act, or any order or rule made under any of those provisions, or any direction given or requirement imposed under any of those provisions, or abets such contravention or failure, he shall be guilty of an offence and, subject to any special provisions in this Act, shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. |
| Jurisdiction of District Courts |
| 21. Without prejudice to the jurisdiction of the General Division of the High Court, a District Court shall have jurisdiction to try any offence under this Act and to impose therefor a fine not exceeding $5,000 or imprisonment for a term not exceeding 5 years or both. [40/2019] |
| Admission of statements in evidence |
22.—(1) Where any person is charged with any offence under this Act, any statement, whether the statement amounts to a confession or not or is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of a police investigation or not, by that person to or in the hearing of any police officer of or above the rank of sergeant shall, notwithstanding anything to the contrary contained in any written law, be admissible at his trial in evidence and, if that person tenders himself as a witness, any such statement may be used in cross‑examination and for the purpose of impeaching his credit.| (2) No statement referred to in subsection (1) shall be admissible or so used if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against that person, proceeding from a person in authority and sufficient, in the opinion of the court, to give that person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. |
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| 23. Notwithstanding anything to the contrary in any written law, a court may order that the whole or any part of any trial before it for any offence under this Act shall be dealt with in private if it is satisfied that it is expedient in the interests of justice or of public safety or security to do so. [Act 25 of 2021 wef 01/04/2022] |
| Power to prohibit publication of witnesses’ names, etc. |
24.—(1) A court may at any time order that no person shall publish the name, address or photograph of any witness in any case tried or about to be tried before it for an offence under this Act, or any evidence or any other thing likely to lead to the identification of any such witness.| (2) Any person who acts in contravention of any order made under subsection (1) shall be guilty of an offence. |
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| Disposal of articles in possession of authorities |
25.—(1) The provisions of the Criminal Procedure Code 2010 relating to the disposal of property the subject of offences shall apply to any article coming into the possession of an authority which the authority has reasonable ground for believing to be evidence of the commission of an offence under this Act, as they apply to property coming into the possession of the police, and in relation to any such article, shall have effect as if any reference therein to a police officer included a reference to an authority.| (2) For the purposes of this section, “authority” includes any public officer and any other person whomsoever having functions in connection with the operation of this Act. |
| (3) Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in the law apart from this section. |
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26.—(1) When any order or declaration is made or direction given under the provisions of this Act, the authority making the order or declaration or giving the direction shall cause notice of the effect of it to be given as soon as possible in such manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice of it.| (2) Any order or declaration made or direction given under subsection (1) shall have effect as soon as notice under that subsection has been given, without publication in the Gazette. |
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| Interpretation of sections 27A, 27B and 27C |
27.—(1) In sections 27A, 27B and 27C —“appropriate consent” means —| (a) | for a person 16 years of age and above, the written consent of that person; | | (b) | for a person 14 years of age and above but below 16 years of age, the written consent of both that person and of his parent or guardian; and | | (c) | for a person below 14 years of age, the written consent of his parent or guardian, |
| given to a police officer or officer of the Central Narcotics Bureau in charge of the case after that officer has informed the person concerned, his parent or guardian or both, as the case may be, of the purpose for which a body sample is required from such person and the manner by which such body sample is to be taken from him; |
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| “authorised analyst” means a person appointed by the Commissioner of Police to be an analyst; |
“body sample” means —| (a) | a sample of blood; | | (b) | a sample of head hair, including the roots thereof; | | (c) | a swab taken from a person’s mouth; or | | (d) | such other sample as may be prescribed under subsection (2); |
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| “DNA” means deoxyribonucleic acid; |
| “DNA information” means genetic information derived from the forensic DNA analysis of a body sample; |
| “finger impression” includes thumb impression and palmar impression; |
| [docId=2022-ACT-26;validated=verified;docVerId=e70f39fd-c380-4fb6-8aa9-06933bac78de;transactionDate=;urn=;validDate=20230612000000 wef 12/06/2023[Deleted by Act 26 of 2022 wef 12/06/2023 wef 12/06/2023]] |
| “invasive sample” means any body sample that is obtained by means of any invasive procedure, but does not include any sample described in subsection (3); [Act 26 of 2022 wef 12/06/2023] |
| “other particulars”, in relation to a person, means any particulars, information or description of that person, other than his registrable particulars, that may be relevant or useful in the identification of that person; |
| “photograph”, in relation to a person, includes the photograph of any distinguishing feature or mark on the body of that person; |
| “registered medical practitioner” has the meaning given by the Medical Registration Act 1997 and includes a dentist registered under the Dental Registration Act 1999; |
| “registrable particulars” means the particulars of any detention or supervision order made under section 30(1), 32 or 38 and any name, description, photograph or finger impression of, or document relating to, any person so detained or placed under supervision, as the case may be. [32/2004; 22/2007; 12/2018] |
| (2) Subject to subsection (3), the Minister may prescribe additional types of body samples that may be taken under section 27A. [32/2004] |
(3) The additional types of body samples that may be prescribed under subsection (2) shall not include samples to be obtained from —| (a) | the genital or anal area of a person’s body; | | (b) | a person’s body orifice other than the mouth; or | | (c) | the breasts of a woman. [32/2004] |
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| Taking of photographs, finger impressions, body samples, etc., from person arrested, detained or subject to police supervision |
27A.—(1) A police officer or officer of the Central Narcotics Bureau may exercise all or any of the following powers in respect of any person referred to in subsection (2):| (a) | take or cause to be taken photographs and finger impressions of such person; | | (b) | make or cause to be made a record of the registrable particulars and any other particulars of such person; | | (c) | cause body samples of such person to be taken by a person authorised under section 27B(1); | | (d) | send any photograph, finger impression, record of particulars or body sample so taken or made to the Commissioner of Police for identification and report. [32/2004] |
(2) The powers referred to in subsection (1) may be exercised in respect of any of the following persons:| (a) | a person who, on 21 October 2004, is under arrest and detained under section 44 or 45; | | (b) | a person who, on 21 October 2004, is under detention or subject to supervision under section 30(1), 32 or 38; | | (c) | a person who, on or after 21 October 2004, is arrested, detained or placed under police supervision under any of the provisions of this Act. [32/2004; 12/2018] |
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(3) Every person mentioned in subsection (2) shall —| (a) | submit to the taking of his photographs and finger impressions under subsection (1); | | (b) | provide such registrable particulars and other particulars as may be required under subsection (1); and | | (c) | subject to subsection (5), submit to the taking of his body samples by a person authorised under section 27B(1). [32/2004] |
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(4) Where any person mentioned in subsection (2) fails, without reasonable excuse, to comply with subsection (3) —| (a) | that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both; and | | (b) | a police officer or officer of the Central Narcotics Bureau may use such force as is reasonably necessary to take or cause to be taken the photographs, finger impressions and body samples of that person. [32/2004] |
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(5) No —| (a) | sample of blood; or | | (b) | invasive sample, which may be prescribed under section 27(2), |
| shall be taken from any person unless the appropriate consent is given for the taking of the sample. |
[32/2004] [Act 26 of 2022 wef 12/06/2023] |
| (6) All photographs, finger impressions and particulars of a person taken before 21 October 2004 under section 27 or 37 in force before that date shall be deemed to have been taken under this section. [32/2004] |
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| Further provisions for taking of body samples |
27B.—(1) For the purposes of section 27A(1)(c), a body sample may only be taken by —| (a) | a registered medical practitioner; | | (b) | a police officer or officer of the Central Narcotics Bureau who has received training for the purpose; or | | (c) | any other suitably qualified or trained person who is duly appointed in writing by the Commissioner of Police as an authorised person for the purpose. [32/2004] |
| (2) Before taking any body sample, the person authorised by subsection (1) to take the sample must satisfy himself that the taking of the sample does not endanger the person from whom the sample is to be taken. [32/2004] |
| (3) The fact that a body sample has been taken for the purposes of section 27A shall be recorded by the person who took the sample in such form or manner as may be required by the Commissioner of Police. [32/2004] |
| (4) Every body sample taken for the purposes of section 27A shall be sent to an authorised analyst for forensic DNA analysis. [32/2004] |
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| Retention of photographs, finger impressions, particulars and body samples taken |
27C.—(1) The Commissioner of Police shall cause to be maintained —| (a) | a register (whether in a computerised form or otherwise) in which shall be stored all photographs, finger impressions, registrable particulars and other particulars of a person taken or deemed to be taken under section 27A; and | | (b) | a DNA database (whether in a computerised form or otherwise) in which shall be stored all DNA information derived from a body sample taken from a person under section 27A. [32/2004] |
(2) Any information stored in the register and the DNA database under subsection (1) may be used for all or any of the following purposes:| (a) | for comparison with any other information or any other DNA information, as the case may be, obtained in the course of an investigation of an offence conducted by a police officer or officer of the Central Narcotics Bureau; | | (b) | for comparison with information in the register of criminals or identification database maintained under section 4 or 29 of the Registration of Criminals Act 1949 or with DNA information in the DNA database maintained under section 31 of that Act, as the case may be; [Act 26 of 2022 wef 12/06/2023] | | (c) | for comparison with information or DNA information, as the case may be, in the register or DNA database, respectively, established under —| (i) | section 26D of the Intoxicating Substances Act 1987; or | | (ii) | section 40D of the Misuse of Drugs Act 1973; |
| | (d) | for any proceedings for any offence; | | (e) | for administering the register and DNA database for the purposes of this Act; | | (ea) | for any investigation into a death conducted by a police officer, a Coroner or a forensic pathologist (including a post-mortem examination) or any inquiry into any death held by a Coroner, under the Coroners Act 2010; [Act 26 of 2022 wef 12/06/2023] | | (eb) | for identifying a dead person or any part of a person; [Act 26 of 2022 wef 12/06/2023] | | (ec) | for identifying a person in order to provide police assistance to the person; [Act 26 of 2022 wef 12/06/2023] | | (f) | for such other purposes as may be prescribed. [32/2004; 2/2006] |
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(3) Where any photograph, finger impression, record of particulars or body sample has been taken under section 27A from an arrested person and that person is subsequently released, without being —| (a) | convicted of any offence under this Act; or | | (b) | placed on detention or supervision under this Act, |
| the Commissioner of Police shall cause all such photographs, finger impressions, records of particulars and body samples taken from that person to be removed from the register and DNA database maintained under subsection (1). |
[32/2004] |
(4) For the purposes of subsection (2)(d) —| (a) | any photograph, finger impression, registrable particulars or other particulars stored in the register under subsection (1)(a); | | (b) | any DNA information stored in the DNA database under subsection (1)(b); and | | (c) | any certificate or report purporting to have been compiled or made from information stored in the register or DNA database maintained under subsection (1), |
| shall, if produced from proper custody and authenticated by the signature of the Commissioner of Police or a police officer authorised by the Commissioner of Police, be admissible in evidence in any proceedings, without proof of signature; and, until the contrary is proved, shall be proof of all matters contained therein or appearing thereon. |
[32/2004; 2/2006] |
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| 28. The Minister may, by notification in the Gazette, add to, vary or amend any of the Schedules. |
| 29. The provisions of this Act shall be in addition to and not in derogation of the provisions of any other written law and, in the event of conflict between any provision of this Act and any provision of any other written law, the provisions of this Act shall prevail. |
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