PART 16 | Division 1 — Sentences in general |
| 303.—(1) The General Division of the High Court may pass any sentence authorised by law. [40/2019] (2) Subject to this Code and any other written law, a District Court may pass any of the following sentences:| (a) | imprisonment not exceeding 10 years; | | (b) | fine not exceeding $30,000; | | (c) | caning not exceeding 12 strokes; | | (d) | any other lawful sentence, including a combination of the sentences it is authorised by law to pass. |
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(3) Subject to this Code and any other written law, a Magistrate’s Court may pass any of the following sentences:| (a) | imprisonment not exceeding 3 years; | | (b) | fine not exceeding $10,000; | | (c) | caning not exceeding 6 strokes; | | (d) | any other lawful sentence, including a combination of the sentences it is authorised by law to pass. |
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| Presumptive minimum sentence |
| 303A.—(1) This section applies where a presumptive minimum sentence is prescribed for an offence under any written law, which is denoted by the words “imprisonment for a presumptive minimum term of not less than” or words to the same or similar effect. [15/2019] | (2) The court must, unless subsection (3) applies, impose a sentence that is equal to or greater than the presumptive minimum sentence prescribed for that offence. [15/2019] |
| (3) Where the court is satisfied that by reason of exceptional circumstances it would be unjust to impose on a first‑time offender the presumptive minimum sentence prescribed for an offence the first‑time offender is convicted of, the court must impose a sentence of the same type of punishment but that is less than the presumptive minimum sentence prescribed for that offence. [15/2019] |
| (4) In any written law, unless the context requires otherwise, a reference to a mandatory minimum sentence of imprisonment shall include a reference to a presumptive minimum sentence mentioned in subsection (1). [15/2019] |
(5) In this section, “first‑time offender”, in relation to an offence, means a person who does not fall within any of the following descriptions:| (a) | a person who had previously been sentenced to a term of imprisonment for any offence, other than a term of imprisonment served by him or her in default of payment of a fine; | | (b) | a person who had previously been sentenced to reformative training, corrective training or preventive detention, for any offence; | | (c) | a person who had previously been detained or subject to police supervision under section 30 of the Criminal Law (Temporary Provisions) Act 1955; | | (d) | a person who had previously been admitted to an approved institution under section 34 of the Misuse of Drugs Act 1973 or to an approved centre under section 17 of the Intoxicating Substances Act 1987.| Explanation.—The circumstances must be so exceptional as to make it unjust to impose the presumptive minimum sentence for an offence and outweigh the public interests in punishing the offender with the presumptive minimum sentence. The mere presence of all or any of the following mitigating circumstances will not be sufficient to constitute “exceptional circumstances”: |
| | (a) | the offender pleaded guilty to the offence; |
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| | (b) | the offender is a first‑time offender; |
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| | (c) | the offender is of previous good character. |
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[15/2019] |
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| Corrective training and preventive detention |
304.—(1) Where a person of 18 years of age or above —| (a) | is convicted before the General Division of the High Court or a District Court of an offence punishable with imprisonment for 2 years or more, and has been convicted in Singapore or elsewhere at least twice since he or she reached 16 years of age for offences punishable with such a sentence; or | | (b) | is convicted at one trial before the General Division of the High Court or a District Court of 3 or more distinct offences punishable with imprisonment for 2 years or more, and has been convicted and sentenced in Singapore or elsewhere to imprisonment for at least one month since he or she reached 16 years of age for an offence punishable with imprisonment for 2 years or more, |
| then, if the court is satisfied that it is expedient with a view to the person’s reformation and the prevention of crime that the person should receive training of a corrective character for a substantial period of time, followed by a period of supervision if released before the expiry of his or her sentence, the court, unless it has special reasons for not doing so, must sentence him or her to corrective training for a period of 5 to 14 years in lieu of any sentence of imprisonment, or any sentence of imprisonment and fine. |
[19/2018; 40/2019] (2) Where a person 30 years of age or above —| (a) | is convicted before the General Division of the High Court or a District Court of an offence punishable with imprisonment for 2 years or more, and has been convicted in Singapore or elsewhere at least 3 times since he or she reached 16 years of age for offences punishable with such a sentence, and was on at least 2 of those occasions sentenced to imprisonment or corrective training; or | | (b) | is convicted at one trial before the General Division of the High Court or a District Court of 3 or more distinct offences punishable with imprisonment for 2 years or more, and has been convicted and sentenced in Singapore or elsewhere to imprisonment for at least one month since he or she reached 16 years of age for an offence punishable with imprisonment for 2 years or more, |
| then, if the court is satisfied that it is expedient for the protection of the public that the person should be detained in custody for a substantial period of time, followed by a period of supervision if released before the expiry of his or her sentence, the court, unless it has special reasons for not doing so, must sentence him or her to preventive detention for a period of 7 to 20 years in lieu of any sentence of imprisonment, or any sentence of imprisonment and fine. |
[19/2018; 40/2019] |
| (3) Before sentencing any offender to corrective training or preventive detention, the court must call for and consider any report submitted by the Commissioner of Prisons, or any person authorised by the Commissioner of Prisons to submit the report on the Commissioner’s behalf, on the offender’s physical and mental condition and the offender’s suitability for such a sentence; and if the court has not received such a report, it must remand the offender in custody for a period or periods, not exceeding one month in the case of any single period, to enable the report to be submitted. [1/2014] |
| (4) The court must give a copy of any report submitted by the Commissioner of Prisons to the offender or the offender’s advocate and to the Public Prosecutor. [1/2014] |
| (5) Where an offender who is sentenced under subsection (1) or (2) is also convicted at the same trial of any offence other than an offence punishable with imprisonment for 2 years or more, the court may, on the application of the Public Prosecutor, instead of imposing any term of imprisonment as may be prescribed for that offence, take into account that offence for the purposes of determining the period of corrective training or preventive detention, as the case may be. |
| (6) A person sentenced to corrective training or preventive detention must be detained in a prison for the term of his or her sentence in accordance with the regulations made under section 428. |
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305.—(1) Where a person is convicted by a court of an offence punishable with imprisonment and that person is, on the day of his or her conviction —| (a) | of or above 16 years of age but below 21 years of age; or | | (b) | of or above 14 years of age but below 16 years of age and has, before that conviction, been dealt with by a court in connection with another offence and had, for that offence, been ordered to be sent to a juvenile rehabilitation centre established under section 90 of the Children and Young Persons Act 1993, |
| the court may impose a sentence of reformative training in lieu of any other sentence if it is satisfied, having regard to his or her character, previous conduct and the circumstances of the offence, that to reform him or her and to prevent crime he or she should undergo a period of training in a reformative training centre. |
(2) Where a young person has been ordered by a Youth Court under the Children and Young Persons Act 1993 to be brought before a District Court, then the court must inquire into the circumstances of the case and may —| (a) | if satisfied that to reform the young person he or she should undergo a period of training in a reformative training centre, sentence him or her to reformative training instead of any other sentence; or | | (b) | in any case, deal with the young person in the manner that the Youth Court might have dealt with him or her. [27/2014] |
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| (3) Before imposing any sentence of reformative training, the court must call for and consider any report submitted by the Commissioner of Prisons, or any person authorised by the Commissioner of Prisons to submit the report on the Commissioner’s behalf, on the offender’s physical and mental condition, the offender’s suitability for the sentence, and the nature of the rehabilitation that is recommended for the offender; and if the court has not received such a report, it must remand the offender in custody for a period or periods, not exceeding one month in the case of any single period, to enable the report to be submitted. [1/2014; 19/2018] |
| (4) The court must give a copy of any report submitted by the Commissioner of Prisons to the offender or the offender’s advocate and to the Public Prosecutor. [1/2014] |
| (5) A person sentenced to reformative training must be detained in accordance with the regulations made under section 428. |
(6) A sentence of reformative training must specify, as the minimum period of detention, such of the following periods as the court may determine to be the most appropriate for the rehabilitation of the offender:| (a) | 6 months beginning on the date the sentence takes effect; | | (b) | 12 months beginning on the date the sentence takes effect. [19/2018] |
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| (7) A sentence of reformative training (including any period of supervision under the sentence) must not extend beyond 54 months after the date the sentence takes effect. [19/2018] |
(8) The period of detention under a sentence of reformative training must not extend beyond —| (a) | 54 months after the date the sentence takes effect, in any case that may be prescribed; or | | (b) | 36 months after the date the sentence takes effect, in any other case. [19/2018] |
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(9) A sentence of reformative training (including any period of supervision under the sentence) that is imposed on a person expires if, while the person is serving the sentence —| (a) | a sentence of corrective training, or another sentence of reformative training, is imposed on the person; or | | (b) | the person is detained under an order made under section 30(1) of the Criminal Law (Temporary Provisions) Act 1955. [19/2018] |
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| (10) Where a person, while serving a sentence of reformative training (including any period of supervision under the sentence), is sentenced to imprisonment, the sentence of reformative training does not expire, but runs concurrently with the sentence of imprisonment. [19/2018] |
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| Sentence in case of conviction for several offences at one trial |
306.—(1) Where a person is convicted at one trial of any 2 or more distinct offences, the court must sentence the person for those offences to the punishments that it is competent to impose.| (2) Subject to section 307 and subsection (4), where these punishments consist of imprisonment, they are to run consecutively in the order that the court directs, or they may run concurrently if the court so directs. |
| (3) The court need not send the offender for trial before a higher court merely because the combined punishment for the various offences exceeds the punishment which the court is competent to inflict for a single offence. |
| (4) Subject to any written law, a Magistrate’s Court or District Court may not impose a total term of imprisonment that exceeds twice that which such court is competent to impose under section 303. |
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| Consecutive sentences in certain cases |
307.—(1) Subject to subsection (2), if at one trial a person is convicted and sentenced to imprisonment for at least 3 distinct offences, the court before which the person is convicted must order the sentences for at least 2 of those offences to run consecutively.| (2) Where a sentence of life imprisonment is imposed by the General Division of the High Court at a trial mentioned in subsection (1), the other sentences of imprisonment must run concurrently with the sentence of life imprisonment, except that where the Court of Appeal sets aside or reduces the sentence of life imprisonment then the Court of Appeal may order any of the other sentences of imprisonment to run consecutively. [40/2019] |
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| Limit of punishment for offence made up of several offences |
308.—(1) Where anything which is an offence is made up of parts, any of which parts is itself an offence, the person who committed the offence must not be punished with the punishment of more than one of such offences unless it is expressly provided.(2) Where —| (a) | anything is an offence falling within 2 or more separate definitions of any law in force for the time being by which offences are defined or punished; or | | (b) | several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, |
| the person who committed the offence must not be punished with a more severe punishment than the court which tries the person could award for any one of such offences. |
| | (a) | A gives Z 50 strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, A might be imprisoned for 50 years, one for each blow. But A is liable only to one punishment for the whole beating. |
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| | (b) | But if, while A is beating Z, Y interferes and A intentionally strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y. |
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309.—(1) If a person who has been convicted in Singapore or elsewhere of an offence punishable with imprisonment for 2 years or more is convicted of another offence also punishable with imprisonment for 2 years or more, a court may, in addition to sentencing the person to any other punishment, order that the person be placed under police supervision for a period starting immediately after the last sentence passed on the person ends.| (2) The period of supervision imposed by the General Division of the High Court, the District Court and the Magistrate’s Court under subsection (1) must not exceed 7 years, 5 years and 3 years, respectively. [40/2019] |
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| Requirements from person subject to supervision |
310.—(1) Every person ordered to be placed under police supervision and who is at large in Singapore must —| (a) | personally present himself or herself and notify the place of his or her residence to the officer in charge of the police division in which his or her residence is situated; | | (b) | where the person changes his or her residence, personally present himself or herself and notify the change of residence to the officer in charge of the police division in which his or her new residence is situated; | | (c) | where the person changes his or her residence to a place outside Singapore, personally present himself or herself and notify the change of residence and the place to which he or she is going to reside to the officer in charge of the police division in which his or her last residence in Singapore is situated; | | (d) | if, having changed his or her residence to a place outside Singapore, the person later returns to Singapore, personally present himself or herself and notify his or her return and his or her place of residence in Singapore to the officer in charge of the police division in which his or her residence in Singapore is situated; and | | (e) | if the person intends to be absent from his or her last notified residence for more than 48 hours without changing his or her place of residence, personally present himself or herself and notify his or her intention, where he or she intends to go and how long he or she will be away to the officer in charge of the police division in which his or her residence is situated. |
| (2) A person under police supervision must, at least once every 30 days, report personally at the time and place and to the police officer appointed by the Commissioner of Police, and such officer may on each occasion take or cause to be taken the fingerprints of the person reporting to the officer. |
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| Penalty for non-compliance with section 310 |
311.—(1) If any person subject to police supervision who is at large in Singapore —| (a) | remains in any place for 48 hours without personally presenting himself or herself and notifying the place of his or her residence to the officer in charge of the police division in which such place is situated; | | (b) | fails to comply with the requirements of section 310 on the occasion of any change of residence; | | (c) | is absent from his or her notified place of residence for more than 48 hours without having complied with the requirements of section 310(1)(e); or | | (d) | fails to comply with the requirements of section 310(2), |
| the person shall in every such case, unless he or she proves to the satisfaction of the court before which he or she is tried that he or she did his or her best to act in conformity with the law, be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 12 months. |
| (2) Where a court convicts a person of an offence under this section, the court may, in addition to sentencing the person to any other punishment, order that the person remain under police supervision for a further period of not more than one year, commencing immediately after the end of the sentence passed on the person by that court, or immediately after the end of the period of police supervision in respect of which the offence was committed, whichever is the later. |
| (3) Where a person under police supervision is, while still subject to such supervision, sentenced to a term of imprisonment for any offence, then the period of supervision may exclude any term spent in prison. |
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| Application of law to orders for police supervision made in Malaysia |
| 312. Sections 310 and 311 apply to every person who, by reason of an order made under the law for the time being in force in Malaysia or any State thereof, would be subject to the supervision of the police if the person were at large in Malaysia or that State, and who is at large in Singapore. |
| Provisions as to execution of sentences of death |
313. The following provisions apply to death sentences:| (a) | after sentence has been pronounced, a warrant under the seal of the court must be made out for the person sentenced to be committed to the custody of the Commissioner of Prisons in accordance with such prescribed form; | | (b) | the warrant is full authority to the Commissioner of Prisons, or any officer appointed by the Commissioner of Prisons for that purpose, for receiving into his or her custody and detaining the person sentenced until he or she receives the court’s further warrant or order; | | (c) | the trial Judge who tried the accused must, within a reasonable time after sentence has been pronounced, prepare a copy of the notes of evidence taken at the trial and a report in writing signed by the trial Judge stating whether, in his or her opinion, there is any reason (and, if so, particulars of the reason) why the death sentence should not be carried out; | | (d) | the trial Judge must forward to the Court of Appeal the notes of evidence and report mentioned in paragraph (c), within a reasonable time after being notified by the Registrar of the Supreme Court that a notice of appeal has been given or petition for confirmation has been lodged, as the case may be; | | (e) | if the Court of Appeal dismisses the appeal or confirms the imposition of the sentence of death, then the Chief Justice or other presiding Judge must, within a reasonable time, forward to the Minister the notes of evidence and report mentioned in paragraph (c), stating whether he or she agrees with the trial Judge, together with a notification of the decision of the Court of Appeal and also any report on the case that the Court of Appeal may think fit to make, signed by the Chief Justice or other presiding Judge; | | (f) | the President must, acting in accordance with the Constitution —| (i) | transmit to the Court of Appeal a copy signed and sealed by the President of any order he or she makes; | | (ii) | if the sentence is to be carried out, state the time and place of execution of the sentence in the order; and | | (iii) | if the person sentenced is pardoned or the sentence is commuted to another punishment, state this in the order; |
| | (g) | on receiving the copy of the President’s order the Court of Appeal must, if the sentence is to be carried out, cause a warrant to be issued under the seal of the Supreme Court and signed by the Chief Justice or other presiding Judge, or in the absence thereof any other Supreme Court Judge, setting out the time and place of execution as prescribed in the order of the President; | | (h) | the President may, at any time before the warrant is carried out, order a respite of the execution of the warrant and afterwards appoint some other time or other place for its execution; | | (i) | the warrant must be directed to the Commissioner of Prisons who must carry out the sentence in accordance with law; | | (j) | there must be present at the execution of the sentence the superintendent of the prison, a medical officer of the prison, and any other prison officers that the Commissioner of Prisons requires; | | (k) | there may also be present a minister of religion in attendance at the prison and any other persons that the Commissioner of Prisons thinks proper to admit; | | (l) | immediately after the death sentence has been carried out, the medical officer of the prison present must examine the body of the person executed, ascertain the fact of death and sign a death certificate and deliver it to the Commissioner of Prisons; | | (m) | within 24 hours after the execution, a Coroner must hold an inquiry as provided under the Coroners Act 2010 and satisfy himself or herself of the identity of the body and whether the sentence of death was duly carried out; | | (n) | a copy of the Coroner’s findings must be forwarded to and filed in the Registry of the Supreme Court and another must be forwarded to and filed in the office of the Minister; | | (o) | where a sentence of death is avoided by the escape of the person sentenced to death, the sentence must be carried out at such other time after the person’s recapture that the General Division of the High Court then orders; | | (p) | no omission or error as to time and place and no defect in form in any order or warrant given under this section, and no omission to comply with paragraphs (j) to (n) may be held to make illegal any execution carried out or intended to have been carried out under the order or warrant or make illegal any execution that would otherwise have been legal. [33/2012; 1/2014; 19/2018; 40/2019] |
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| No sentence of death against person below 18 years of age |
| 314. A sentence of death must not be passed or recorded against an accused convicted of an offence if the court has reason to believe that, at the time the offence was committed, the accused was below 18 years of age, but instead the court must sentence the accused to life imprisonment. |
| Sentence of death not to be passed on pregnant woman |
315.—(1) Where a woman convicted of an offence punishable with death alleges that she is pregnant, or where the court before whom a woman is so convicted thinks fit, the question whether or not the woman is pregnant must, before sentence is passed on her, be determined by the court.| (2) If the court finds the woman pregnant, it must pass a sentence of life imprisonment on her. |
| (3) If the court finds the woman not to be pregnant, she may appeal to the Court of Appeal against that finding in the manner set out under this Code. |
| (4) On hearing the appeal mentioned in subsection (3), the Court of Appeal, if satisfied for any reason that the finding should be set aside, must set aside the sentence, and pass a sentence of life imprisonment. |
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| 316. Where any person is sentenced to death, the sentence must direct that the person must be hanged by the neck until the person is dead but must not state the place where nor the time when the sentence is to be carried out. |
| Sentences other than of death |
| 317.—(1) Where an accused is sentenced to imprisonment or to caning, the court must immediately forward a warrant (unless the accused is already confined in prison) stating the name of the accused and sentence to the Commissioner of Prisons or an officer appointed by the Commissioner for that purpose who must receive into his or her custody the person named in the warrant. [1/2014] | (2) The warrant is full authority to the Commissioner of Prisons or the officer appointed by the Commissioner for receiving into custody and detaining the accused and carrying out the sentence. [1/2014] |
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| Date that sentence begins |
| 318.—(1) Subject to this Code and any other written law, a sentence of imprisonment, corrective training or preventive detention takes effect beginning on the date it was passed, unless the court passing the sentence or, when there has been an appeal, the appellate court, otherwise directs. [19/2018; 14/2019] | (1A) A sentence of reformative training takes effect beginning on the date it was passed or at such later date as the court may determine. [14/2019] |
(2) To avoid doubt, where a court has directed under subsection (1) that a sentence of imprisonment, corrective training or preventive detention is to take effect on a date later than the date the sentence was passed —| (a) | the court may under that subsection further direct that the sentence is to take effect on another date; and | | (b) | the court may release the offender, during the period before the sentence is to take effect, on bail or on the offender’s personal bond. [19/2018; 14/2019] |
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| (3) To avoid doubt, a court may under subsection (1) direct that a sentence of imprisonment, corrective training or preventive detention is to take effect on a date earlier than the date the sentence is passed. [19/2018; 14/2019] |
| (4) Where an offender has been remanded in custody, or remanded in a psychiatric institution (whether for observation or otherwise) under Division 5 of Part 13, for an offence, a court must consider directing that a sentence of imprisonment, corrective training or preventive detention, which is to be imposed for that offence, is to take effect on a date earlier than the date the sentence is passed. [19/2018; 14/2019] |
(5) Before directing the date on which a sentence of imprisonment, corrective training or preventive detention, which is to be imposed for an offence, is to take effect, a court must consider all the circumstances of the case, including the following matters:| (a) | the date on which the offender was arrested for the offence; | | (b) | the length of the period (if any) during which the offender was remanded in custody in relation to the offence; | | (c) | the length of the period (if any) during which the offender was remanded in a psychiatric institution (whether for observation or otherwise) under Division 5 of Part 13 in relation to the offence; | | (d) | the length of the period (if any), after the offender was arrested for the offence, during which the offender was not in custody. [19/2018; 14/2019] |
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| Provisions as to sentence of fine |
319.—(1) Where any fine is imposed and there is no express provision in the law relating to the fine, the following provisions apply:| (a) | if the maximum sum is not stated in the law, the fine to which the offender is liable is unlimited but must not be excessive; | | (b) | the court which imposed the fine may choose to do all or any of the following things at any time before the fine is paid in full:| (i) | allow and extend time for its payment; | | (ii) | direct that the fine be paid by instalments; | | (iii) | order the attachment of any property, movable or immovable, belonging to the offender —| (A) | by seizure of such property which may be sold and the proceeds applied towards the payment of the fine; or | | (B) | by appointing a receiver who is to be at liberty to take possession of and sell such property and apply the proceeds towards the payment of the fine; |
| | (iv) | direct any person who owes money to the offender to pay the court the amount of that debt due or accruing or the amount that is sufficient to pay off the fine; | | (v) | direct that in default of payment of the fine, the offender must suffer imprisonment for a certain term which must be consecutive with any other imprisonment to which the offender may be sentenced, including any other imprisonment term or terms imposed on the offender under this section in default of payment of fine, or to which the offender may be liable under a commutation of a sentence; | | (vi) | direct that the person be searched, and that any money found on the person when so searched or which, in the event of his or her being committed to prison, may be found on him or her when taken to prison, is to be applied towards the payment of the fine, and the surplus (if any) being returned to him or her; provided that the money must not be so applied if the court is satisfied that the money does not belong to the person on whom it was found; |
| | (c) | before allowing time for payment under paragraph (b)(i) or directing payment by instalments under paragraph (b)(ii), the court may require the offender to execute a bond with or without sureties on condition that the offender pay the fine or the instalments (as the case may be) on the day or days directed; and if the fine or any instalment is not paid as ordered, then the whole of the fine remaining unpaid becomes due and payable and the court may issue a warrant for the offender’s arrest; | | (d) | the term for which the court directs the offender to be imprisoned in default of payment of a fine is to be as follows:| (i) | if the offence is punishable with imprisonment for a term of 24 months or more, it must not exceed one half of the maximum term of imprisonment fixed for the offence; | | (ii) | if the offence is punishable with imprisonment for a term of less than 24 months, it must not exceed one third of the maximum term of imprisonment fixed for the offence; | | (iii) | if the offence is not punishable with imprisonment, it must be 6 months or less; |
| | (e) | the imprisonment that is imposed in default of payment of a fine may be additional to the sentence of imprisonment for the maximum term which the court may impose under section 303 provided that the total punishment of imprisonment passed on an offender at one trial does not exceed the limits prescribed by section 306; | | (f) | the imprisonment imposed in default of payment of a fine ends when that fine is paid or levied by process of law; | | (g) | if, before the end of the period of imprisonment imposed in default of payment of a fine, such a proportion of the fine is paid or levied that the term of imprisonment already suffered in default of payment is at least equivalent to the part of the fine still unpaid, then the imprisonment must end; | | (h) | the fine or any part of it that remains unpaid may be levied at any time within 6 years after the passing of the sentence or, if under the sentence the offender is liable to imprisonment for a longer period than 6 years, then at any time before that period expires; and the offender’s death does not discharge from the liability any property that would after his or her death be legally liable for his or her debts. [33/2012] |
| (2) If a person fails to pay the court the amount which the person is directed to pay under subsection (1)(b)(iv), it is recoverable as though it were a judgment debt due to the court. [33/2012] |
| (3) Any person may, not later than 7 days after the date of the seizure of any property under subsection (1)(b)(iii)(A) or the taking of possession of any property by the receiver under subsection (1)(b)(iii)(B) (as the case may be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (1)(b)(iii) and the court must make such order as it sees fit. [33/2012] |
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| Suspension of execution in certain cases |
320.—(1) Where an offender has been sentenced to a fine only and to imprisonment in default of payment of the fine and the court issues an order of attachment under section 319(1)(b)(iii), it may suspend the sentence of imprisonment and may release the offender on the offender’s executing a bond with or without sureties, as the court thinks fit, on condition that the offender appear before that court on the day appointed for the return of the order of attachment.| (2) The day appointed under subsection (1) must not be more than 15 days from the time of executing the bond. |
| (3) If the fine has not been paid, the court may direct the sentence of imprisonment to be carried out at once. |
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| 321. A warrant for the execution of any sentence, including an order of attachment of property, may be issued either by the Judge, District Judge or Magistrate who passed the sentence or by his or her successor or other Judge, District Judge or Magistrate acting in his or her place. |
| Commencement of sentence of imprisonment on prisoner already undergoing imprisonment |
322.—(1) Where a person who is an escaped convict or is undergoing a sentence of imprisonment is sentenced again to imprisonment, the latter sentence of imprisonment must begin either immediately or at the end of the imprisonment to which the person was previously sentenced, as the court awarding the sentence directs.| (2) A death sentence must be carried out despite a pending sentence of imprisonment. |
| (3) Nothing in subsection (1) may be held to excuse a person from any part of the punishment to which the person is liable upon the person’s former or subsequent conviction. |
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| Juvenile may be dealt with under Children and Young Persons Act 1993 |
| 323. If a juvenile is convicted of an offence punishable by fine or imprisonment or both, and whether or not the law under which the juvenile is convicted provides that fine or imprisonment or both shall be imposed, the court may, instead of sentencing him or her to fine or imprisonment, deal with the juvenile in the manner provided by the Children and Young Persons Act 1993. |
| Return of warrant of execution |
| 324. Where a death sentence has been carried out pursuant to a warrant issued under section 313(i), the Commissioner of Prisons who carried out the sentence must return the warrant to the court which issued it with an endorsement signed by the Commissioner, certifying that the sentence has been carried out. [1/2014] |
| Division 2 — Sentence of caning |
| Execution of sentence of caning forbidden in certain cases |
325.—(1) The following persons shall not be punished with caning:| (a) | women; | | (b) | men who are more than 50 years of age at the time of infliction of the caning; | | (c) | men sentenced to death whose sentences have not been commuted. |
| (2) Subject to any other written law, if a person is convicted of one or more offences punishable with caning (called in this section the relevant offences) but the person cannot be caned because subsection (1)(a) or (b) applies, the court may, in addition to any other punishment to which that person has been sentenced, impose a term of imprisonment of not more than 12 months in lieu of the caning which it could, but for this section, have ordered in respect of the relevant offences. |
| (3) A court may impose a term of imprisonment under subsection (2) even though the aggregate of such term and the imprisonment term imposed for any of the relevant offences exceeds the maximum term of imprisonment prescribed for any of those offences. |
| (4) A Magistrate’s Court or District Court may impose a term of imprisonment under subsection (2) even though the aggregate sentence of imprisonment (comprising the term of imprisonment imposed under subsection (2) and the combined terms of imprisonment imposed by the court in respect of the relevant offences) exceeds the limits prescribed by section 306. |
| (5) The power of a court to impose the additional term of imprisonment under subsection (2) does not apply in relation to any offence which is committed before 2 January 2011. |
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| Place for executing sentence of caning |
| 326. Where a person is sentenced to caning only or where the sentence of caning cannot reasonably be carried out before the release of the person under any sentence of imprisonment, the court must, on the application of the Public Prosecutor, authorise the detention of the person for as long as is reasonably necessary for carrying out the sentence of caning at the place and time that the court directs. |
| Time of executing sentence of caning |
327.—(1) Where an accused is sentenced to caning in addition to imprisonment, the caning must not be inflicted —| (a) | until after the expiry of the time within which notice of appeal may be given under this Code, or any extension of time which may be permitted under this Code; or | | (b) | if notice is so given, until after the determination of the appeal. |
| (2) The caning must be inflicted as soon as practicable after the time prescribed in subsection (1) has expired. |
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| Limit on number of strokes |
328.—(1) Despite any provision of this Code or any other law to the contrary, where an accused is sentenced at the same sitting for 2 or more offences punishable by caning (called in this section the relevant offences), the aggregate sentence of caning imposed by the court in respect of the relevant offences must not exceed the specified limit.| (2) Subject to any other written law, where an accused would but for subsection (1) have been sentenced to an aggregate sentence of caning which exceeds the specified limit, the court may impose a term of imprisonment of not more than 12 months in lieu of all such strokes which exceed the specified limit. |
| (3) A court may impose a term of imprisonment under subsection (2) even though the aggregate of such term and the imprisonment term imposed for any of the relevant offences exceeds the maximum term of imprisonment prescribed for any of the relevant offences. |
| (4) A Magistrate’s Court or District Court may impose a term of imprisonment under subsection (2) even though the aggregate sentence of imprisonment (comprising the term of imprisonment imposed under subsection (2) and the combined terms of imprisonment imposed by the court in respect of the relevant offences) exceeds the limits prescribed by section 306. |
| (5) The power of a court to impose the additional term of imprisonment under subsection (2) does not apply in relation to any offence which is committed before 2 January 2011. |
| (6) In this section, the specified limit is 24 strokes in the case of an adult and 10 strokes in the case of a juvenile. |
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| Mode of executing sentence of caning |
329.—(1) The Minister may make rules to prescribe the mode of carrying out the sentence of caning.| (2) Caning is to be inflicted on such part of the person as the Minister from time to time generally directs. |
| (3) The rattan must not be more than 1.27 centimetres in diameter. |
| (4) In the case of a juvenile, caning is to be inflicted with a light rattan. |
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| Caning not to be carried out by instalments |
330.—(1) A sentence of caning must not be executed in instalments.| (2) The maximum number of strokes of the cane that can be inflicted on the offender at any one time is 24 strokes for an adult and 10 strokes in the case of a juvenile. |
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| Medical officer’s certificate required |
331.—(1) The punishment of caning may be inflicted only if a medical officer is present and certifies that the offender is in a fit state of health to undergo such punishment.| (2) If, during the execution of a sentence of caning, the medical officer certifies that the offender is not in a fit state of health to undergo the rest of the sentence, the caning must be stopped. |
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| Procedure if punishment cannot be inflicted under section 331 |
332.—(1) Where a sentence of caning is wholly or partially prevented from being carried out under section 331, the offender must be kept in custody until the court that passed the sentence can revise it.(2) That court may —| (a) | remit the sentence; or | | (b) | sentence the offender instead of caning, or instead of as much of the sentence of caning as was not carried out, to imprisonment of not more than 12 months, which may be in addition to any other punishment to which the offender has been sentenced for the offence or offences in respect of which the court has imposed caning (called in this section the relevant offences). |
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| (3) A court may impose a term of imprisonment under subsection (2)(b) even though the aggregate of such term and the imprisonment term imposed for any of the relevant offences exceeds the maximum term of imprisonment prescribed for any of those offences. |
| (4) A Magistrate’s Court or District Court may impose a term of imprisonment under subsection (2)(b) even though the aggregate sentence of imprisonment (comprising the term of imprisonment imposed under subsection (2)(b) and the combined terms of imprisonment imposed by the court in respect of the relevant offences) exceeds the limits prescribed by section 306. |
| (5) The power of a court to impose the additional term of imprisonment under subsection (2)(b) does not apply in relation to any offence which is committed before 2 January 2011. |
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Division 3 — Suspensions, remissions and
commutations of sentences |
| Power to pardon, suspend or remit sentence, etc. |
333.—(1) Where a person has been sentenced to punishment for an offence, the President, acting in accordance with the Constitution, may grant a pardon, reprieve or respite, on such conditions as the President thinks fit, of the execution of the sentence, or remit the whole or any part of the sentence or any penalty or forfeiture imposed by law.(2) Where an application is made to the President for any of the reliefs mentioned in subsection (1), the President —| (a) | in the case of a sentence of death, must act in accordance with Article 22P(2) of the Constitution; or | | (b) | may in any other case, require the presiding judge of the court before or by which the person is convicted to state his or her opinion as to whether the application should be granted or refused, and the judge must state his or her opinion accordingly. |
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| (3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the President, not fulfilled, the President may cancel the suspension or remission, and upon the cancellation, the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by a police officer without warrant and remanded to undergo the unexpired portion of the sentence. |
| (4) Subsection (3) does not apply to a sentence of death. |
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| Power to commute punishment |
334. The President may —| (a) | commute a sentence of death for a sentence of imprisonment or fine or both; or | | (b) | commute a sentence of imprisonment for a sentence of fine. |
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