Comparison View

Formal Consolidation |  2020 RevEd
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;
“audiovisual recording” means an aggregate of visual images and sounds embodied in a thing, so as to be capable, by the use of that thing, of being produced electronically and shown as a moving picture with associated sounds;
“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;
“child abuse offence” means an offence under section 6(1), 7, 8, 14(2), 16 or 17 of the Children and Young Persons Act 1993, or an offence under section 377BG, 377BH, 377BI, 377BJ, 377BK or 377BL of the Penal Code 1871, and includes an abetment of, a conspiracy to commit, or an attempt to commit, such an offence;
“complaint” means any allegation made orally or in writing to a Magistrate with a view to the Magistrate taking action under this Code that some person, whether known or unknown, has committed or is guilty of an offence;
“computer” has the meaning given by the Computer Misuse Act 1993;
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
“Criminal Procedure Rules”  —
(a)means the Criminal Procedure Rules 2018 made under this Code and any other written law by the Criminal Procedure Rules Committee constituted under section 428A; and
(b)includes any subsidiary legislation deemed under section 428A(15) to be Criminal Procedure Rules;
“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 1972;
(b)order made under section 34(2) of the Misuse of Drugs Act 1973;
(c)supervision order made under section 16 of the Intoxicating Substances Act 1987;
(d)order made under section 30(1) of the Criminal Law (Temporary Provisions) Act 1955; 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;
“data” has the meaning given by the Computer Misuse Act 1993;
“financial institution” has the meaning given by section 2 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;
“fine” means any fine or financial penalty imposed by any court upon any conviction of any offence;
“fine‑only offence” means an offence that is punishable only with a fine;
“Judge” means a Supreme Court Judge, a Senior Judge or a Judicial Commissioner sitting in the General Division of the High Court in accordance with the Constitution and the Supreme Court of Judicature Act 1969;
“Judge sitting in the Court of Appeal” means a Supreme Court Judge, a Senior Judge or a Judicial Commissioner sitting in the Court of Appeal in accordance with the Constitution and the Supreme Court of Judicature Act 1969;
“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 16 years of age 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 meaning given by the Police Force Act 2004;
“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”, “public parcel locker network operator” and “public postal licensee” have the meanings given by section 2(1) of the Postal Services Act 1999;
“proceeding” includes a criminal case disclosure conference and a pre-trial conference, held under Part 9 or 10, 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 Family Justice Courts” means the registrar of the Family Justice Courts, and includes the deputy registrar and an assistant registrar of the Family Justice Courts;
“Registrar of the State Courts” means the registrar of the State Courts, and includes a deputy registrar of the State 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 Revised Edition) repealed by this Code;
“sexual offence” means —
(a)an offence under section 354, 354A, 355, 372, 373, 373A, 375, 376, 376A, 376AA, 376B, 376C, 376D, 376E, 376EA, 376EB, 376EC, 376ED, 376EE, 376F, 376G, 376H, 377(3), 377A, 377B(3), 377BA, 377BB, 377BC, 377BD, 377BE or 377BF of the Penal Code 1871; or
(b)an offence under section 140, 141, 142, 143, 144, 145, 146, 146A, 147 or 148 of the Women’s Charter 1961,
and includes an abetment of, a conspiracy to commit, or an attempt to commit, such an offence;
“signed” or “signature” has the meaning given by section 2(1) of the Electronic Transactions Act 2010;
“State Court” means any court constituted under the State Courts Act 1970 for the administration of criminal justice;
“stolen property” has the meaning given by section 410 of the Penal Code 1871;
“terrorist act” has the meaning given by section 2(2) and (3) of the Terrorism (Suppression of Financing) Act 2002;
“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.
[3/2013; 5/2014; 27/2014; 42/2014; 9/2018; 12/2018; 19/2018; 15/2019; 40/2019; 10/2021]
(1A)  Any power conferred on a court by this Code to make an order for the disposal of any property includes a power to make an order for the forfeiture, confiscation or destruction of the property, or for the delivery of the property to any person, but must be exercised subject to any provisions on forfeiture, confiscation, destruction or delivery in any other written law that is applicable to the case.
[19/2018]
(2)  Words and expressions used in this Code which are defined in the Penal Code 1871 but not defined in this section have the meanings given by the Penal Code 1871.
Informal Consolidation | Amended Act 25 of 2021
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;
“audiovisual recording” means an aggregate of visual images and sounds embodied in a thing, so as to be capable, by the use of that thing, of being produced electronically and shown as a moving picture with associated sounds;
“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;
“child abuse offence” means an offence under section 6(1), 7, 8, 14(2), 16 or 17 of the Children and Young Persons Act 1993, or an offence under section 377BG, 377BH, 377BI, 377BJ, 377BK or 377BL of the Penal Code 1871, and includes an abetment of, a conspiracy to commit, or an attempt to commit, such an offence;
“complaint” means any allegation made orally or in writing to a Magistrate with a view to the Magistrate taking action under this Code that some person, whether known or unknown, has committed or is guilty of an offence;
“computer” has the meaning given by the Computer Misuse Act 1993;
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
“Criminal Procedure Rules”  —
(a)means the Criminal Procedure Rules 2018 made under this Code and any other written law by the Criminal Procedure Rules Committee constituted under section 428A; and
(b)includes any subsidiary legislation deemed under section 428A(15) to be Criminal Procedure Rules;
“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 1972;
(b)order made under section 34(2) of the Misuse of Drugs Act 1973;
(c)supervision order made under section 16 of the Intoxicating Substances Act 1987;
(d)order made under section 30(1) of the Criminal Law (Temporary Provisions) Act 1955; 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;
“data” has the meaning given by the Computer Misuse Act 1993;
“financial institution” has the meaning given by section 2 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;
“fine” means any fine or financial penalty imposed by any court upon any conviction of any offence;
“fine‑only offence” means an offence that is punishable only with a fine;
“Judge” means a Supreme Court Judge, a Senior Judge or a Judicial Commissioner sitting in the General Division of the High Court in accordance with the Constitution and the Supreme Court of Judicature Act 1969;
“Judge sitting in the Court of Appeal” means a Supreme Court Judge, a Senior Judge or a Judicial Commissioner sitting in the Court of Appeal in accordance with the Constitution and the Supreme Court of Judicature Act 1969;
“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 16 years of age 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 meaning given by the Police Force Act 2004;
“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”, “public parcel locker network operator” and “public postal licensee” have the meanings given by section 2(1) of the Postal Services Act 1999;
“proceeding” includes a criminal case disclosure conference and a case conference, held under Part 9 or 10, as the case may be;
[Act 25 of 2021 wef 01/04/2022]
“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 Family Justice Courts” means the registrar of the Family Justice Courts, and includes the deputy registrar and an assistant registrar of the Family Justice Courts;
“Registrar of the State Courts” means the registrar of the State Courts, and includes a deputy registrar of the State 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 Revised Edition) repealed by this Code;
“sexual offence” means —
(a)an offence under section 354, 354A, 355, 372, 373, 373A, 375, 376, 376A, 376AA, 376B, 376C, 376D, 376E, 376EA, 376EB, 376EC, 376ED, 376EE, 376F, 376G, 376H, 377(3), 377A, 377B(3), 377BA, 377BB, 377BC, 377BD, 377BE or 377BF of the Penal Code 1871; or
(b)an offence under section 140, 141, 142, 143, 144, 145, 146, 146A, 147 or 148 of the Women’s Charter 1961,
and includes an abetment of, a conspiracy to commit, or an attempt to commit, such an offence;
“signed” or “signature” has the meaning given by section 2(1) of the Electronic Transactions Act 2010;
“State Court” means any court constituted under the State Courts Act 1970 for the administration of criminal justice;
“stolen property” has the meaning given by section 410 of the Penal Code 1871;
“terrorist act” has the meaning given by section 2(2) and (3) of the Terrorism (Suppression of Financing) Act 2002;
“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.
[3/2013; 5/2014; 27/2014; 42/2014; 9/2018; 12/2018; 19/2018; 15/2019; 40/2019; 10/2021]
(1A)  Any power conferred on a court by this Code to make an order for the disposal of any property includes a power to make an order for the forfeiture, confiscation or destruction of the property, or for the delivery of the property to any person, but must be exercised subject to any provisions on forfeiture, confiscation, destruction or delivery in any other written law that is applicable to the case.
[19/2018]
(2)  Words and expressions used in this Code which are defined in the Penal Code 1871 but not defined in this section have the meanings given by the Penal Code 1871.