Criminal Procedure Code 2010 - Singapore Statutes Online

PART 18

COMPENSATION AND COSTS

Order for payment of costs by accused and order for payment of costs incurred by accused in accused’s defence

355.—(1) The court before which a person is convicted of an offence may, in its discretion and if satisfied that the defence of the person was conducted in an extravagant and unnecessary manner, make an order for costs, of an amount fixed by the court, to be paid by the person to any other party to the proceedings in which the person is convicted of the offence.

[19/2018]

(2) If an accused is acquitted of any charge for any offence, and if it is proved to the satisfaction of the court that the prosecution was frivolous or vexatious, the court may order the prosecution or the complainant or the person on whose information the prosecution was instituted to pay full costs, charges and expenses incurred by the accused in and for the accused’s defence, to be taxed by the Registrar of the Supreme Court or the Registrar of the State Courts, as the case may be.

[5/2014]

(3) The court may direct that either an order for payment of costs under subsection (1) or an order for payment of compensation under section 359(1) be paid in priority to the other, and if no direction is given, the order for payment of costs takes priority over the order for payment of compensation.

Costs ordered by Court of Appeal or General Division of High Court

356.—(1) The Court of Appeal or the General Division of the High Court, in the exercise of its powers under Part 20, may —

(a)	on its own motion, make an order for costs to be paid by any party to any other party as the Court of Appeal or the General Division of the High Court thinks fit; or
(b)	on the application of any party, make an order for costs, of such amount as the Court of Appeal or the General Division of the High Court thinks fit, to be paid to that party by any other party. [19/2018; 40/2019]

(2) Where the Court of Appeal or the General Division of the High Court makes any order for costs to be paid by the prosecution to an accused, the Court of Appeal or the General Division of the High Court must be satisfied that the conduct of the matter under Part 20 by the prosecution was frivolous or vexatious.

[40/2019]

(3) Before the Court of Appeal or the General Division of the High Court makes any order for costs to be paid by an accused to the prosecution, the Court of Appeal or the General Division of the High Court must be satisfied that —

(a)	the commencement, continuation or conduct of the matter under Part 20 by the accused was an abuse of the process of the Court; or
(b)	the conduct of the matter under Part 20 by the accused was done in an extravagant and unnecessary manner. [19/2018; 40/2019]

(4) If the prosecution applies to the Court of Appeal or the General Division of the High Court for an order for the costs of any matter under Division 1B of Part 20 to be paid by an accused to the prosecution on the ground that the commencement, continuation or conduct of that matter by the accused was an abuse of the process of the Court, the Court of Appeal or the General Division of the High Court must state whether it is satisfied that the commencement, continuation or conduct of that matter by the accused was an abuse of the process of the Court.

[19/2018; 40/2019]

Costs against defence counsel

357.—(1) Where it appears to a court that costs have been incurred unreasonably or improperly in any proceedings (for example, by commencing, continuing or conducting a matter the commencement, continuation or conduct of which is an abuse of the process of the Court) or have been wasted by a failure to conduct proceedings with reasonable competence and expedition, the court may make against any advocate whom it considers responsible (whether personally or through an employee or agent) an order —

(a)	disallowing the costs as between the advocate and his or her client; or
(b)	directing the advocate to repay to his or her client costs which the client has been ordered to pay to any person. [19/2018]

(1A) If the Court of Appeal or the General Division of the High Court makes an order under subsection (1)(a) or (b) in respect of any proceedings for a matter under Division 1B of Part 20, and the prosecution has applied to the Court of Appeal or the General Division of the High Court for an order for the costs of that matter to be paid to the prosecution on the ground that the commencement, continuation or conduct of that matter was an abuse of the process of the Court, the Court of Appeal or the General Division of the High Court must state whether it is satisfied that the commencement, continuation or conduct of that matter was an abuse of the process of the Court.

[19/2018; 40/2019]

(2) No order under this section may be made against an advocate unless he or she has been given a reasonable opportunity to appear before the court and show cause why the order should not be made.

Costs awarded against Public Prosecutor

358.—(1) Costs awarded against the Public Prosecutor are to be paid out of the Consolidated Fund and costs awarded to and received by the Public Prosecutor are to be paid into the Consolidated Fund.

(2) The Public Prosecutor is not personally liable for any costs awarded against him or her.

Order for payment of compensation

359.—(1) The court before which an offender is convicted of any offence must, after the conviction, decide whether to make an order for the payment by the offender of compensation to any of the following persons:

(a)

a person who is injured (in respect of the person’s body, character or property) by any offence —

(i)	for which the offender is sentenced; or
(ii)	that is taken into consideration under section 148 when the offender is sentenced;

(b)

a representative of a person mentioned in paragraph (a);

(c)

a dependant of a person whose death was caused by any offence —

(i)	for which the offender is sentenced; or
(ii)	that is taken into consideration under section 148 when the offender is sentenced. [Act 5 of 2024 wef 01/08/2024]

(1A) An order under subsection (1) for the payment of compensation to a dependant of a person whose death was caused by any offence mentioned in subsection (1)(c) —

(a)

may only be made in respect of —

(i)	any damages for bereavement that may be claimed under section 21 of the Civil Law Act 1909 for the benefit of that dependant, in an action under section 20 of that Act; and
(ii)	if that dependant had incurred funeral expenses in respect of that person, any damages that may be awarded under section 22(4) of the Civil Law Act 1909 in respect of those funeral expenses, in an action under section 20 of that Act; and

(b)

may be made regardless of whether there is any action brought under section 20 of the Civil Law Act 1909 for the benefit of the dependants of that person.

[Act 5 of 2024 wef 01/08/2024]

(1B) An order under subsection (1) for the payment of compensation must specify the amount of the compensation to be paid by the offender under the order.

[Act 5 of 2024 wef 01/08/2024]

(2) If the court is of the view that it is appropriate to make an order under subsection (1), it must do so.

[S 759/2022]

[Act 5 of 2024 wef 01/08/2024]

(2A) In a case where subsection (1) empowers the court to make an order for the payment of compensation, the court must give reasons if the court does not make such an order.

[Act 5 of 2024 wef 01/08/2024]

(2B) In deciding whether to make an order under subsection (1) for the payment of compensation, and in deciding the amount to be paid by the offender under such an order, the court must have regard to the offender’s means so far as those means appear or are known to the court.

[Act 5 of 2024 wef 01/08/2024]

(2C) Before making an order under subsection (1) against an offender, the court may make a financial circumstances order in relation to the offender.

[Act 5 of 2024 wef 01/08/2024]

(2D) Subject to subsection (2E), before the court decides whether to make an order under subsection (1) for the payment of compensation to a person mentioned in subsection (1)(a), a representative mentioned in subsection (1)(b) or a dependant mentioned in subsection (1)(c) —

(a)	the person, representative or dependant (as the case may be) must be notified, in the manner prescribed in the Criminal Procedure Rules, of the proceedings in which the court will decide whether to make the order; and
(b)	the person, representative or dependant (as the case may be) is entitled to adduce evidence, and to make submissions, in relation to the order, at those proceedings. [Act 5 of 2024 wef 01/08/2024]

(2E) The person, representative or dependant mentioned in subsection (2D) need not be notified of the proceedings if —

(a)	the person mentioned in subsection (1)(a) or (c), the representative mentioned in subsection (1)(b) or the dependant mentioned in subsection (1)(c) (as the case may be) cannot be identified despite reasonable efforts having been made by the relevant law enforcement agency; or
(b)	the contact details of the person, representative or dependant mentioned in subsection (2D) (as the case may be) that are required in order for the person, representative or dependant to be notified in the manner prescribed in the Criminal Procedure Rules, cannot be obtained despite reasonable efforts having been made by the relevant law enforcement agency. [Act 5 of 2024 wef 01/08/2024]

(2F) Despite subsection (2D), none of the following persons may appeal under section 377 against an order under subsection (1) or a decision not to make such an order:

(a)	a person mentioned in subsection (1)(a);
(b)	a representative mentioned in subsection (1)(b);
(c)	a dependant mentioned in subsection (1)(c). [Act 5 of 2024 wef 01/08/2024]

(2G) The following persons shall not be liable to be sued for anything done or omitted to be done in good faith in the course of or in connection with the notification of the person, representative or dependant mentioned in subsection (2D)(a):

(a)	the Public Prosecutor, any Deputy Attorney‑General, Solicitor‑General, Deputy Public Prosecutor or Assistant Public Prosecutor, or any officer or employee of the Attorney‑General’s Chambers;
(b)	any officer or employee of any law enforcement agency;
(c)	any person authorised by the Public Prosecutor to conduct any proceedings or prosecution under any written law;
(d)	any officer or judicial officer of the State Courts;
(e)	any officer or the Registrar of the Supreme Court. [Act 5 of 2024 wef 01/08/2024]

(3) If an accused is acquitted of any charge for any offence, and if it is proved to the satisfaction of the court that the prosecution was frivolous or vexatious, the court may order the prosecution or the complainant or the person on whose information the prosecution was instituted to pay as compensation to the accused a sum not exceeding $10,000.

(4) Any order for compensation made under subsection (1) does not affect any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order, but any claim by a person or the person’s representative for civil damages in respect of the same injury arising from the offence, is deemed to have been satisfied to the extent of the amount paid to the person under an order for compensation.

(5) The order for compensation made under subsection (3) does not affect any right to a claim for civil damages for malicious prosecution or false imprisonment beyond the amount of compensation paid under the order, but any claim by the accused for civil damages in respect of the malicious prosecution or false imprisonment is deemed to have been satisfied to the extent of the amount paid to the accused under an order for compensation.

(6) In this section —

“dependant” means a person mentioned in section 20(8)(a) to (e) or 21(2)(a) to (e) of the Civil Law Act 1909;

“financial circumstances order”, in relation to an offender, means an order that —

(a)	requires the offender to give to the court, within a period specified in the order, any statement and evidence of the offender’s financial circumstances that the court may require; and
(b)	if the offender is below 18 years of age, requires a parent or guardian of the offender to give to the court, within a period specified in the order, any statement and evidence of the parent’s or guardian’s financial circumstances that the court may require;

“parent” includes an adoptive parent;

“relevant law enforcement agency”, in relation to an offence mentioned in subsection (1), means the law enforcement agency that investigated the offence;

“representative”, in relation to a person mentioned in subsection (1)(a), means any person as prescribed in the Criminal Procedure Rules.

[Act 5 of 2024 wef 01/08/2024]

Provisions as to money payable as compensation

360.—(1) Subject to the provisions of this Code, where any person is, under this Code, for any reason whatsoever, ordered to pay any sum of money by way of compensation, the court making the order may at any time before that sum has been paid in full, in its discretion, do all or any of the following things:

(a)

allow and extend time for the payment of that sum;

(b)

direct payment to be made of that sum by instalments;

(c)

order the attachment of any property, movable or immovable, belonging to the person —

(i)	by seizure of such property which may be sold and the proceeds applied towards the payment of that sum; or
(ii)	by appointing a receiver who is at liberty to take possession of and sell such property and apply the proceeds towards the payment of that sum;

(ca)

direct any person who owes money to the person ordered to pay compensation to pay the court the amount of that debt due or accruing or the amount that is sufficient to pay off the compensation sum;

(d)

direct that in default of payment of the compensation sum, that person must suffer imprisonment for a certain term, which imprisonment must be consecutive with any other imprisonment to which that person may be sentenced or to which that person may be liable under a commutation of sentence;

(e)

direct that that person be searched, and that any money found on that person when so searched or which, in the event of that person being committed to prison, may be found on him or her when taken to prison, is to be applied towards the payment of that sum; the surplus (if any) being returned to him or her.

[33/2012]

(2) Before allowing time for payment of any sum under subsection (1)(a) or directing payment of it to be made by instalments under subsection (1)(b), the court may require that person to execute a bond with or without sureties on condition that that person pays that sum or the instalments (as the case may be) on the day or days directed; and if that sum or any instalment is not paid as ordered, then the whole of that sum remaining unpaid becomes due and payable and the court may issue a warrant for the person’s arrest.

(3) Any money found on a person under subsection (1)(e) must not be so applied if the court is satisfied that the money does not belong to the person on whom it was found.

(4) The term for which the court directs that person to be imprisoned in default of payment of the compensation sum must not exceed the following scale:

(a)	when the money to be paid does not exceed $50, the imprisonment may be for any term not exceeding 2 months;
(b)	when the money to be paid exceeds $50 but does not exceed $100, the imprisonment may be for any term not exceeding 4 months;
(c)	in any other case, the imprisonment may be for a term not exceeding 6 months.

(5) The imprisonment which the court imposes under this section terminates whenever the money is paid or levied by process of law.

(6) If before the end of the period of imprisonment imposed in default of payment of the compensation sum, such a proportion of the money is paid or levied that the time of imprisonment already suffered in default of payment of the compensation sum is at least equivalent to the part of the sum still unpaid, then the imprisonment must end.

(7) If the person fails to pay the court the amount which the person is directed to pay under subsection (1)(ca), it is recoverable as though it were a judgment debt due to the court.

[33/2012]

(8) Any person may, not later than 7 days after the date of the seizure of any property under subsection (1)(c)(i) or the taking of possession of any property by the receiver under subsection (1)(c)(ii) (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)(c) and the court is to make such order as it sees fit.

[33/2012]

Costs recoverable as judgment debt

361. Any order for costs made under this Part is recoverable as a judgment debt.

Reward for unusual exertions and compensation for family of person killed in arresting

362.—(1) Where the court, whether on its own motion or the Public Prosecutor’s application, considers that a person has shown unusual courage, diligence or effort in the arrest of a person accused of having committed, attempted or abetted an offence punishable with death or imprisonment, then the court may order payment to the person out of the Consolidated Fund of a sum of not more than $500.

(2) If a person is killed in trying to arrest or to keep in lawful custody any accused referred to in subsection (1), the Minister may order payment from the Consolidated Fund to the wife, husband, parent or child of the deceased of such money as appears reasonable compensation for the death.

Court may order payment of expenses of witnesses

363. A court holding any inquiry or trial under this Code which is conducted by the Public Prosecutor or by any officer of a public body, may, at its discretion, order payment out of the Consolidated Fund to any of the witnesses of the expenses they have incurred individually in attending that court, and compensation for their trouble and loss of time, subject to the Criminal Procedure Rules.

[19/2018]

Search within Legislation