PART 22 | When irregularities do not make proceedings invalid |
423. Subject to this Code, any judgment, sentence or order passed or made by a court of competent jurisdiction may not be reversed or altered on account of —| (a) | an error, omission or irregularity in the complaint, summons, warrant, charge, judgment or other proceedings before or during trial or in an inquiry or other proceeding under this Code; | | (b) | the lack of any consent by the Public Prosecutor as required by law; or | | (c) | the improper admission or rejection of any evidence, |
| unless the error, omission, improper admission or rejection of evidence, irregularity or lack of consent has caused a failure of justice. |
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| Duty to give information of certain matters |
424. Every person aware of the commission of or the intention of any other person to commit any arrestable offence punishable under Chapters 6, 7, 8, 12 and 16 of the Penal Code 1871 or under any of the following sections of the Penal Code 1871:| Sections 161, 162, 163, 164, 170, 171, 211, 212, 216, 216A, 226, 270, 281, 285, 286, 382, 384, 385, 386, 387, 388, 389, 392, 393, 394, 395, 396, 397, 399, 400, 401, 402, 427, 435, 436, 437, 438, 440, 442, 449, 450, 451, 452, 453, 459, 460, 489A, 489B, 489C, 489D and 506, |
| must, in the absence of reasonable excuse, the burden of proving which lies upon the person so aware, immediately give information to the officer in charge of the nearest police station or to a police officer of the commission or intention. |
[15/2019] |
| Irregularity in attachment |
425.—(1) An attachment made under this Code is not considered unlawful, nor is any person making it considered to have done any wrong, on account of some defect or lack of form in the summons, conviction, order of attachment or other proceeding relating to it.| (2) The person mentioned in subsection (1) is not considered to have done wrong from the start on account of any irregularity that the person afterwards commits, but anyone wronged by the irregularity may take such proceedings in a civil court as the wronged person thinks fit to recover damages for any loss or harm the wronged person might have suffered. |
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| Prohibition against publication, etc., that identifies complainant or alleged victim of sexual offence or child abuse offence |
425A.—(1) Subject to subsection (2), where any person knows that an individual is a complainant, or an alleged victim, of a sexual offence or child abuse offence, that person must not do any of the following things:| (a) | publish the name, address or photograph of the individual; | | (b) | publish any evidence, or any other thing, that is likely to lead to the identification of the individual as a complainant, or an alleged victim, of a sexual offence or child abuse offence; | | (c) | do any other act that is likely to lead to the identification of the individual as a complainant, or an alleged victim, of a sexual offence or child abuse offence. [19/2018] |
(2) Subsection (1) ceases to apply to an individual who is a complainant of a sexual offence or child abuse offence, if —| (a) | the individual is convicted of any offence under section 182, 193, 194, 195, 196, 199, 200, 201, 202, 203, 204, 204A, 204B, 211, 213 or 214 of the Penal Code 1871; and | | (b) | the conviction involves a finding by the court that the individual’s complaint of the sexual offence or child abuse offence was false in any material point. [19/2018; 15/2019] |
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| (3) Any person who contravenes subsection (1) shall be guilty of an offence and 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. [19/2018] |
| (4) To avoid doubt, this section does not affect any other written law that may prohibit a person from doing any thing mentioned in subsection (1)(a), (b) or (c). [19/2018] |
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| Information not to be disclosed if prejudicial to national or public interests, etc. |
425B.—(1) If —| (a) | at any time after the commencement of a criminal investigation, any person makes an application to the officer of a law enforcement agency who is in charge of the investigation for information in any document or thing relating to the investigation; and | | (b) | the document or thing contains any sensitive information, |
| the officer may cause the sensitive information to be removed or sufficiently redacted before disclosing the contents or giving a copy of the document or thing to the person, whether or not the disclosure of the sensitive information is required by law. |
[14/2019] | (2) Subject to subsection (3), for the purposes of any criminal proceedings, the prosecution may cause any sensitive information contained in any document or thing relating to the proceedings that is in the prosecution’s possession or control to be removed or sufficiently redacted before disclosing the contents or giving a copy of the document or thing to the defence, whether or not the disclosure of the sensitive information is required by law. [14/2019] |
(3) The prosecution must not cause any information to be removed or redacted under subsection (2) if —| (a) | the prosecution intends to rely on the information as evidence for the purposes of the proceedings; or | | (b) | the disclosure of the information is required by any rule of law relating to the disclosure of unused material that tends to undermine the prosecution’s case or to strengthen the defence’s case. [14/2019] |
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(4) If the defence is aggrieved by the removal or redaction of any information by the prosecution under subsection (2), the defence may apply to the following court to order the disclosure of the information:| (a) | where the disclosure of the contents or giving a copy of the document or thing was made for the purposes of a criminal case disclosure conference held under Part 9 or 10, the court conducting the criminal case disclosure conference; | | (b) | where the disclosure of the contents or giving a copy of the document or thing was made for the purposes of a case conference held under Part 9 or 10, the court conducting the case conference; [Act 25 of 2021 wef 01/04/2022] | | (c) | where the disclosure of the contents or giving a copy of the document or thing was made for the purposes of a trial, the court conducting the trial. [14/2019] |
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| (5) The court hearing an application under subsection (4) must view the information removed or redacted by the prosecution in the absence of the defence. [14/2019] |
| (6) If an application under subsection (4) is made in criminal proceedings that are heard in open court, the application must be heard and dealt with in private. [14/2019] [Act 25 of 2021 wef 01/04/2022] |
(7) If —| (a) | a court determines, upon an application made under subsection (4), that the information may not be removed or redacted by the prosecution under subsection (2) read with subsection (3); and | | (b) | the disclosure of the information to the defence is required by law, |
| the court must order the prosecution to disclose the information to the defence by such date as the court determines. |
[14/2019] |
| (8) The court making an order under subsection (7) must, upon an application by the prosecution based on any reasonable grounds, postpone the date mentioned in that subsection to such other date as the court deems fit. [14/2019] |
| (9) To avoid doubt, this section does not affect the operation of any rule of law concerning privilege, secrecy or the protection or non‑disclosure of any information. [14/2019] |
(10) In this section, “sensitive information” means information that, if disclosed —| (a) | may be prejudicial to the public safety, public security or propriety, public order, national interest or national security of Singapore or any part of Singapore; | | (b) | may endanger the safety of any particular person; | | (c) | may prejudice the effective conduct of any ongoing or future operation or investigation of any law enforcement agency; or | | (d) | may otherwise be prejudicial to the interests of justice in any criminal investigation or criminal proceedings. [14/2019] |
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426.—(1) Any person (other than the Public Prosecutor) affected by any judgment, sentence or order made by a court may, on application to the court and upon payment of the prescribed fee, be furnished with a copy of any judgment, sentence, order, deposition or any other part of the record of proceedings.| (2) [Deleted by Act 19 of 2018] |
| (3) The court may, if it thinks fit, waive the payment of any fee under this section. |
| (4) The Public Prosecutor may apply to the court and must be furnished, free of charge, with a copy of any judgment, sentence, order, deposition or any other part of the record of proceedings. |
(5) Every application to the court under subsection (1) or (4) may be dealt with, and the power of the court under subsection (3) may be exercised, by —| (a) | the Registrar of the Supreme Court, if the court is the Court of Appeal or the General Division of the High Court; | | (b) | the Registrar of the Family Justice Courts, if the court is a Family Court or a Youth Court; or | | (c) | the Registrar of the State Courts, if the court is a District Court or a Magistrate’s Court. [19/2018; 40/2019] |
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427.—(1) The Minister may, by order in the Gazette, amend any of the Schedules.| (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient. |
| (3) Every order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette. |
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| Minister to make regulations |
428.—(1) The Minister may make regulations for anything that is required, permitted or necessary for carrying out the purposes and provisions of this Code.(2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:| (a) | the treatment, training and detention of persons sentenced to reformative training, corrective training or preventive detention, including any matter relating to the supervision of such persons when they are released from their places of detention; | | (b) | the recording of statements in the form of audiovisual recordings, and the prevention of the following:| (i) | the making of any unauthorised copy of any such audiovisual recording; | | (ii) | the unauthorised possession of any recording device during the recording of any such statement or the viewing of any such audiovisual recording; | | (iii) | the unauthorised use or distribution of any such audiovisual recording; |
| | (c) | the prescribing of any additional method mentioned in section 3(1)(j) for serving any notice, order or document (other than a summons or a notice to attend court issued under this Code) required or permitted to be served on a person under this Code, including —| (i) | prescribing different additional methods of service for different types of notices, orders or documents; | | (ii) | restricting the application of a particular additional method of service to a particular type of notice, order or document; and | | (iii) | prescribing the conditions for the application of any particular additional method of service, whether generally or to any particular type of notice, order or document; |
| | (d) | the prescribing of any matters relating to section 20(1), (1A), (3) and (3A), including prescribing —| (i) | the persons who must set up a system for receiving and responding automatically to a written order under section 20(1)(b), (1A), (3)(b) or (3A) and the operational details of the system; | | (ii) | any matters concerning the service of a written order under section 20(1), (1A), (3) or (3A); | | (iii) | the form and manner in which a person must produce, give access to or deliver a copy of a document or thing for the purposes of section 20(1)(a)(iii) or (b)(i) or (ii) or (3)(b); | | (iv) | the manner in which a person must authenticate data, or a copy of data, for the purposes of section 20(1A)(a)(i) or (b)(i) or (3A)(a)(i) or (b)(i); and | | (v) | the form and manner in which a person must produce data, or a copy of data, for the purposes of section 20(1A)(a)(ii) or (b)(ii) or (3A)(a)(ii) or (b)(ii); |
| | (e) | the electronic monitoring of the whereabouts of an accused who is granted bail or released on personal bond, for the purposes of section 94; | | (f) | the prescribing of anything that is required or permitted by this Code to be prescribed. [19/2018] |
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(3) The regulations made for or with respect to the matters in subsection (2)(b) —| (a) | may provide that a contravention of any specified provision of those regulations is an offence; | | (b) | may provide for penalties not exceeding a fine of $2,000 or imprisonment for a term not exceeding 2 years or both for each offence; and | | (c) | may provide for any offence under those regulations to be an arrestable offence. [19/2018] |
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| (4) The powers conferred by this section do not extend to any matter for which Criminal Procedure Rules may be made under section 428A. [19/2018] |
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| Criminal Procedure Rules Committee and Criminal Procedure Rules |
| 428A.—(1) A committee called the Criminal Procedure Rules Committee is constituted by this section. [19/2018] (2) The Criminal Procedure Rules Committee consists of the following members:| (a) | the Chief Justice, who is the chairperson of the Committee; | | (b) | 2 Supreme Court Judges (excluding the Presiding Judge of the State Courts), each of whom is appointed by the Chief Justice for such period as the Chief Justice may specify in writing; | | (c) | the Presiding Judge of the State Courts; | | (d) | the Registrar of the Supreme Court; | | (e) | a District Judge, who is appointed by the Chief Justice for such period as the Chief Justice may specify in writing; | | (f) | the Public Prosecutor, or a member appointed by the Public Prosecutor under this paragraph for such period as the Public Prosecutor may specify in writing; | | (g) | 2 members, each of whom is appointed by the Public Prosecutor under this paragraph for such period as the Public Prosecutor may specify in writing; | | (h) | 2 practising advocates and solicitors, each of whom is appointed by the Minister for such period as the Minister may specify in writing; | | (i) | 2 public officers, each of whom is appointed by the Minister charged with the responsibility for home affairs for such period as that Minister may specify in writing. [19/2018; 40/2019] |
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| (3) The Criminal Procedure Rules Committee may make Criminal Procedure Rules regulating and prescribing the procedure and the practice to be followed in each court in all matters in or with respect to which that court for the time being exercises criminal jurisdiction and any matters incidental to or relating to any such procedure or practice. [19/2018] |
(4) Without limiting subsection (3), Criminal Procedure Rules may be made for or with respect to all or any of the following matters:| (a) | any form that is to be used by any person in relation to any matter under this Code; | | (b) | the disclosure of and access to any document or material in the possession of the prosecution or the defence, including any statement recorded under section 22 or 23 in the form of an audiovisual recording; | | (c) | for giving effect to Parts 9, 10 and 11; | | (d) | the rates or scales of payment of the expenses and compensation that may be ordered under section 363, and any matter concerning the payment of the expenses and compensation; | | (e) | in relation to documents being filed with, served on, delivered or otherwise conveyed to any court or any party to any criminal matter —| (i) | the establishment of any electronic filing service and any other matter that relates to the use or operation of the electronic filing service; | | (ii) | the manner and form of any such filing, service, delivery or conveyance; | | (iii) | the modification of such provisions of the Evidence Act 1893 as may be necessary for the purpose of facilitating the use in court of documents filed, served, delivered or conveyed using the electronic filing service; | | (iv) | the burden of proof and rebuttable presumptions in relation to the identity and authority of the person filing, serving, delivering or conveying the documents by the use of the electronic filing service; | | (v) | the authentication of documents filed, served, delivered or conveyed by the use of the electronic filing service; and | | (vi) | the means by which particular facts may be proved, and the mode in which evidence of those facts may be given, in any proceedings which involve the use or operation of the electronic filing service; |
| | (f) | the prescribing of anything that is required or permitted to be prescribed by Criminal Procedure Rules. [19/2018] |
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| (5) The quorum for a meeting of the Criminal Procedure Rules Committee is 7 members. [19/2018] |
| (6) Each member has one vote. [19/2018] |
| (7) A decision is adopted by the Criminal Procedure Rules Committee at a meeting if a majority of the votes cast on it are in favour of it. [19/2018] |
| (8) A member present at a meeting of the Criminal Procedure Rules Committee is presumed to have agreed to, and to have cast a vote in favour of, a decision of the Committee, unless the member expressly votes against the decision at the meeting. [19/2018] |
(9) The members may, in place of the procedure described in subsections (7) and (8), adopt a decision by assenting to the decision in writing, if —| (a) | all of the members are given (whether by post, personal delivery or electronic communication) the terms of the decision to be made; and | | (b) | a majority of those members who are entitled to vote on the matter sign or approve a document containing the terms of the decision to be made and a statement that they are in favour of those terms. [19/2018] |
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| (10) Where subsection (9) applies, the decision is deemed to have been adopted at a meeting of the Criminal Procedure Rules Committee on the date on which the document containing the terms of the decision to be made is signed or approved by the last member required to form the majority of members in favour of the decision. [19/2018] |
| (11) For the purposes of subsections (9) and (10), the adoption of a decision by the Criminal Procedure Rules Committee may consist of several documents containing the same terms of the decision to be made, each signed or approved by one or more members. [19/2018] |
| (12) Criminal Procedure Rules made under this section cannot come into operation unless they have been approved by the Chief Justice and the Minister. [19/2018] |
| (13) All Criminal Procedure Rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette. [19/2018] |
(14) This section does not affect either of the following:| (a) | any other written law that confers power to make subsidiary legislation for regulating or prescribing the procedure and practice to be followed by any court when exercising criminal jurisdiction, or jurisdiction of a quasi‑criminal nature, in any proceedings; | | (b) | any subsidiary legislation made under any such written law. [19/2018] |
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(15) Until the Criminal Procedure Rules Committee makes Criminal Procedure Rules on any matter mentioned in subsection (3) or (4), or for any other purpose mentioned in this Code —| (a) | the Minister may make rules under this subsection for that matter or purpose; and | | (b) | the following are deemed to be Criminal Procedure Rules:| (i) | any rules mentioned in paragraph (a); | | (ii) | any regulations made, before 17 September 2018, under section 428 as in force before that date, for that matter or purpose. [19/2018] |
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(16) When the Criminal Procedure Rules Committee makes Criminal Procedure Rules on any matter mentioned in subsection (3) or (4), or for any other purpose mentioned in this Code —| (a) | any subsidiary legislation mentioned in subsection (15) that was made for that matter or purpose must be revoked; and | | (b) | those Criminal Procedure Rules may contain such provisions of a saving or transitional nature consequent on the enactment of those Criminal Procedure Rules, or on the revocation of that subsidiary legislation, as the Criminal Procedure Rules Committee may consider necessary or expedient. [19/2018] |
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| Saving and transitional provisions |
429.—(1) This Code does not affect —| (a) | any inquiry, trial or other proceeding commenced or pending under the repealed Code before 2 January 2011, and every such inquiry, trial or other proceeding may be continued and everything in relation thereto may be done in all respects after that date as if this Code had not been enacted; and | | (b) | any further proceedings which may be taken under the repealed Code in respect of any inquiry, trial or other proceeding which has commenced or is pending before 2 January 2011, and such further proceedings may be taken and everything in relation thereto may be done in all respects after that date as if this Code had not been enacted. |
| (2) Any application, authorisation, consent, direction, fiat, instruction, order, requirement or sanction of the Public Prosecutor given or made under the repealed Code before 2 January 2011 and which remains in force or which is not complied with before that date is treated as if it were an application, authorisation, consent, direction, fiat, instruction, order or requirement of the Public Prosecutor given or made under the corresponding provisions of this Code. |
| (3) Any summons, warrant or requisition issued by a court under the repealed Code before 2 January 2011 and which has not been complied with or executed before that date is treated as if it were a summons, warrant or requisition (as the case may be) issued under the corresponding provisions of this Code. |
| (4) Any proclamation published by a court under section 51 of the repealed Code is treated as if it were a proclamation published under section 88. |
| (5) Any authorisation given by the Commissioner of Police under section 70 of the repealed Code which is not acted on before 2 January 2011 is treated as if it were an authorisation of the Commissioner of Police given under section 33. |
| (6) Any written order of a police officer under section 58 of the repealed Code which is not complied with before 2 January 2011 is treated as if it were a written order of a police officer under section 20. |
| (7) Any order of a police officer under section 120 of the repealed Code which is not complied with before 2 January 2011 is treated as if it were an order of a police officer under section 21. |
| (8) Any requisition made by a police officer or authorised person under section 125A or 125B of the repealed Code before 2 January 2011 which is not complied with before that date is deemed to be a requisition made by a police officer or an authorised person under section 39 or 40, respectively. |
| (9) Any plea of guilty by letter under section 137 of the repealed Code which is not dealt with by a court before 2 January 2011 is treated as if it were a plea of guilty by letter under section 154 and that provision applies accordingly to the plea of guilty. |
| (10) Any plea of guilty under section 137A of the repealed Code which is not dealt with by a court before 2 January 2011 is treated as if it were a plea of guilty under section 226 and that provision applies accordingly to the plea of guilty. |
| (11) Any bond executed by any person under the repealed Code before 2 January 2011 and which remains in force on or after that date is treated as if it were a bond executed under the corresponding provisions of this Code. |
| (12) Any person who is subject to the supervision of the police under section 11 of the repealed Code is treated as if the person were a person subject to police supervision under section 309 of this Code. |
| (13) Any information received or recorded under section 115 of the repealed Code which is not dealt with in accordance with the provisions of the repealed Code before 2 January 2011 is treated as if the information were received or recorded under section 14 and the police must deal with the matter in accordance with the provisions of this Code. |
| (14) Any complaint which is received by a Magistrate before 2 January 2011 and which is not disposed of before that date, is treated as if it were a complaint received by a Magistrate under this Code and the provisions of this Code, with the necessary modifications, apply in relation to the complaint. |
| (15) Any offence which is to be compounded under section 199A of the repealed Code and which is not so compounded before 2 January 2011 is treated as an offence which is to be compounded under section 243 of this Code. |
| (16) Despite any other provisions in this Code, Part 19 applies, with the necessary modifications, to any property seized under the provisions of the repealed Code and which is not reported or disposed of in accordance with Chapter XXXVIII of the repealed Code. |
(17) Where any period of time specified in any provision in the repealed Code is current immediately before 2 January 2011, this Code has effect as if the corresponding provision in this Code had been in force when the period began to run; and (without affecting the foregoing) any period of time so specified and current is deemed for the purposes of this Code —| (a) | to run from the day or event from which it was running immediately before 2 January 2011; and | | (b) | to expire (subject to any provision of this Code for its extension) whenever it would have expired if this Code had not been enacted, |
| and any rights, priorities, liabilities, reliefs, obligations, requirements, powers, duties or exemptions dependent on the beginning, duration or end of such a period as abovementioned are under this Code as they were or would have been under that provision in the repealed Code. |
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| (18) Any subsidiary legislation made under the repealed Code and in force immediately before 2 January 2011, so far as it is not inconsistent with the provisions of this Code, continues to be in force as if made under this Code until it is revoked or repealed by subsidiary legislation made under this Code. |
| (19) Insofar as it is necessary for preserving the effect of any written law, any reference in such written law to a seizable offence or a non-seizable offence is to be construed, respectively, as a reference to an arrestable offence or a non-arrestable offence under this Code. |
| (20) Where in any written law reference is made to the sanction of the Public Prosecutor or a Deputy Public Prosecutor, such reference is to be read as a reference to the consent of the Public Prosecutor or a Deputy Public Prosecutor. |
| (21) In any written law or document in which a reference is made to the repealed Code, such reference is to be read as a reference to this Code. |
| (22) Where before 2 January 2011 any inquiry is held under Chapter XXX of the repealed Code and has not been concluded immediately before that date, the inquiry may continue in accordance with the provisions under the repealed Code relating to such inquiry as if this Code had not been enacted. |
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