PART 4 INFORMATION TO POLICE AND
POWERS OF INVESTIGATION |
Division 1 — Duties of police officer
on receiving information about offences |
| Information about offences received by police |
14.—(1) When information is first received at a police station about an offence, the recording officer must proceed in accordance with this section.(2) If the information is in writing, the recording officer must —| (a) | if practicable, immediately mark on it the date and time of receipt at the police station and the name and address of the person who gave the information; and | | (b) | if the information appears to be signed by the informant, file it as a report. |
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(3) If the information is given orally and the recording officer considers it practicable to reduce it to writing immediately, the recording officer must ensure that all of the following are recorded in a report:| (a) | the date and time of the recording officer’s receipt of the information; | | (b) | the name and address of the informant; | | (c) | the information given by the informant; | | (d) | such other particulars as the nature of the case may require. |
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| (4) The informant, the recording officer and the interpreter (if any) must, where practicable, sign the report mentioned in subsection (3). |
(5) If the information is given orally and it is impracticable for the recording officer to write it down immediately, he or she must —| (a) | make a note of the first information; and | | (b) | if the offence to which the information relates is an arrestable offence, cause to be recorded, as soon as possible, a fuller statement from the informant under section 22. |
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| (6) If requested, the recording officer must give a copy of the information recorded under this section to the informant upon payment of the prescribed fee. |
| (7) The Minister charged with the responsibility for home affairs may prescribe the mode by which information about an offence may be received or given under this section and section 15. |
| (8) In this section, “recording officer” means the officer in charge of a police station or any police officer whose duty includes receiving reports relating to the commission of any offence. |
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| Information about offences received by authorised persons |
15.—(1) When information about an offence is given to any authorised person —| (a) | that person must immediately record the information in a report and communicate that report to the officer in charge of a police station or any police officer whose duty includes dealing with reports relating to the commission of any offence; and | | (b) | that officer must then proceed in accordance with section 16 or 17. |
| (2) If requested, the officer mentioned in subsection (1) must give a copy of the information recorded under this section to the informant upon payment of the prescribed fee. |
| (3) In this section, “authorised person” means any person, not being a police officer, who is authorised by the Commissioner of Police to receive reports relating to the commission of any offence. |
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| Procedure in non-arrestable cases |
16.—(1) Where the information so filed or recorded under section 14 or 15 relates to a non-arrestable offence —| (a) | the case must thereupon be investigated by a police officer; | | (b) | the informant must, by order of a police officer, be referred to a Magistrate; or | | (c) | a police officer may refer the case to a mediator of a Community Mediation Centre, established under the Community Mediation Centres Act 1997, for mediation. |
| (2) In investigating such a case, a police officer may, by order of the Public Prosecutor or a Magistrate, exercise any of the special powers of investigation under sections 21, 22, 34, 39 and 111. |
| (3) A police officer receiving an order of the Public Prosecutor or a Magistrate as mentioned in subsection (2) may also exercise the same powers in respect of the investigation as the police officer may exercise without an order in an arrestable case, except the power to arrest without warrant. |
| (4) Any informant referred to a Magistrate under subsection (1) must be supplied with a copy of any report filed or recorded under section 14 or 15 on which must be endorsed the name of the police station or place at which the information was so filed or recorded. |
| (5) A police officer must record his or her reasons if he or she decides not to investigate into any non‑arrestable case. |
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| Procedure when arrestable offence is suspected |
17.—(1) If, from information received or otherwise, a police officer has reason to suspect that an arrestable offence has been committed at any place, the police officer must, or if he or she is unable to attend to the case, another police officer acting in his or her place must —| (a) | go as soon as practicable to the place to investigate the facts and circumstances of the case; and | | (b) | try to find the offender and, if appropriate, arrest the offender and report the case to the Public Prosecutor. |
(2) Despite subsection (1) —| (a) | if the police officer has reason to believe that the case is not of a serious nature, there is no need to go to the place to investigate the facts and circumstances of the case; or | | (b) | if the police officer has reason to believe that there are insufficient grounds for proceeding with the matter, he or she must not do so. |
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| (3) In each of the cases mentioned in subsection (2)(a) and (b), the police officer receiving the information must state in his or her report his or her reason for not fully complying with subsection (1). |
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| Investigation in arrestable cases |
18.—(1) A police officer may exercise all or any of the special powers of investigation under sections 21, 22, 34, 39 and 111 when investigating any arrestable case.| (2) The action of a police officer in such a case may not be called into question at any time on the ground that he or she lacked authority under this section to exercise the special powers of investigation under sections 21, 22, 34, 39 and 111. |
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| Diary of proceedings in investigation |
19.—(1) A police officer conducting any investigation under this Part must keep a daily diary of his or her progress, setting out —| (a) | the time at which any order for investigation reached him or her; | | (b) | the times at which he or she began and closed his or her investigation; | | (c) | the places he or she visited; and | | (d) | the findings of his or her investigation. |
| (2) Despite anything in the Evidence Act 1893, an accused is not entitled to call for or inspect such a diary before or during an inquiry, a trial or other proceeding under this Code. |
(3) Where, for the purposes of section 161 or 162 of the Evidence Act 1893, the police officer conducting the investigation refers to such a diary, then —| (a) | the accused may be shown only the entries in the diary that the officer or prosecutor has referred to; and | | (b) | the prosecutor must conceal or obliterate any other entries. |
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| Power to order production of any document or other thing |
20.—(1) Where a police officer of or above the rank of sergeant, or an authorised person, considers that any document or thing (other than a document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, the police officer or authorised person may —| (a) | issue a written order to require a person in whose possession or power the document or thing is believed to be —| (i) | to produce the document or thing at the time and place stated in the order; | | (ii) | to give a police officer or an authorised person access to the document or thing; or | | (iii) | in the case of a document or thing that is in electronic form —| (A) | to produce a copy of the document or thing, at the time and place stated in the order; or | | (B) | to give a police officer or an authorised person access to a copy of the document or thing; or |
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| | (b) | in the case of a document or thing that is contained in or available to a computer — issue a written order to require a person who is believed to have power to access the document or thing from that computer —| (i) | to produce a copy of the document or thing, at the time and place stated in the order; or | | (ii) | to give a police officer or an authorised person access to a copy of the document or thing. [19/2018; 10/2021] |
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(1A) Without limiting subsection (1), where a police officer of or above the rank of sergeant, or an authorised person, considers that any data (other than data in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, the police officer or authorised person may —| (a) | issue a written order to require a person in whose possession or power the data is believed to be —| (i) | to authenticate the data; and | | (ii) | to produce the data, at the time and place stated in the order; or |
| | (b) | in the case of any data that is contained in or available to a computer — issue a written order to require a person who is believed to have power to access the data from that computer —| (i) | to authenticate a copy of the data; and | | (ii) | to produce a copy of the data, at the time and place stated in the order. [19/2018; 10/2021] |
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(2) Despite subsections (1) and (1A), a written order under subsection (1) or (1A) for the production of customer information by a financial institution, or access to customer information kept by a financial institution —| (a) | may only be made by a police officer of or above the rank of inspector, or an authorised person; and | | (b) | may require the financial institution to monitor any account of a customer of the financial institution for a period of time and provide such information relating to the transactions carried out in the account during that period. [19/2018] |
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(3) If any document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, the Public Prosecutor may issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —| (a) | to deliver that document or thing, at the time and place stated in the order, to a person stated in the order; or | | (b) | in the case of a document or thing that is in electronic form or is contained in or available to a computer — to deliver a copy of that document or thing, at the time and place stated in the order, to a person stated in the order. [19/2018; 10/2021] |
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(3A) Without limiting subsection (3), if any data in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, the Public Prosecutor may —| (a) | issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —| (i) | to authenticate the data; and | | (ii) | to produce the data, at the time and place stated in the order; or |
| | (b) | in the case of any data that is contained in or available to a computer — issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —| (i) | to authenticate a copy of the data; and | | (ii) | to produce a copy of the data, at the time and place stated in the order. [19/2018; 10/2021] |
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| (4) If a person is required merely to produce any document, thing, data or copy, the person may comply with that requirement by causing the document, thing, data or copy to be produced instead of bringing it in person. [19/2018] |
| (5) A police officer, or an authorised person, may exercise the powers conferred under this section despite any provision in any other law relating to the production of, or the giving of any access to, any document or thing, or data. [19/2018] |
| (6) The cost incurred by a person in complying with any requirement or written order under this section, or any requirement under any regulations in respect of any matter mentioned in section 428(2)(d), is to be borne by the person. [19/2018; 14/2019] |
(7) Any person who fails to comply with a written order issued under subsection (1), (1A), (3) or (3A), shall be guilty of an offence and shall be liable on conviction —| (a) | in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000; | | (b) | in any case where the person is an individual, and the written order states that it is issued for the investigation or trial of an arrestable offence — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or | | (c) | in any other case — to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both. [19/2018] |
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| (8) No liability shall lie against a person who, acting in good faith and with reasonable care, does or omits to do anything in complying with any written order issued under subsection (1), (1A), (3) or (3A), or with any requirement under any regulations in respect of any matter mentioned in section 428(2)(d). [19/2018; 14/2019] |
(9) In this section —“authorised person” means —| (a) | any person who is authorised in writing by the Commissioner of Police for the purposes of this section; or | | (b) | any officer of a prescribed law enforcement agency who is authorised in writing, by the head of that law enforcement agency, for the purposes of this section; |
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| “customer information” has the meaning given by section 40A of the Banking Act 1970; |
| “prescribed law enforcement agency” means a law enforcement agency prescribed, by order in the Gazette, by the Minister charged with the responsibility for that law enforcement agency. [19/2018] |
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| Power to require attendance of witnesses |
21.—(1) In conducting an investigation under this Part, a police officer may issue a written order requiring anyone within the limits of Singapore, who appears to be acquainted with any of the facts and circumstances of the case, to attend before the police officer, and that person must attend as required.| (2) If that person fails to attend as required, the police officer may report the matter to a Magistrate who may then issue a warrant ordering the person to attend. |
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| Power to examine witnesses |
22.—(1) In conducting an investigation under this Part, a police officer, or a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act 2004 and the lawful directions of the police officer or law enforcement officer he or she assists, may examine orally any person who appears to be acquainted with any of the facts and circumstances of the case —| (a) | whether before or after that person or anyone else is charged with an offence in connection with the case; and | | (b) | whether or not that person is to be called as a witness in any inquiry, trial, or other proceeding under this Code in connection with the case. [10/2015] |
| (2) The person examined is bound to state truly what the person knows of the facts and circumstances of the case, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. |
(3) Subject to subsection (5), a statement made by a person examined under this section must be recorded —| (a) | in writing; or | | (b) | in the form of an audiovisual recording. [19/2018] |
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(4) Where a statement made by a person examined under this section is recorded in writing, the statement must —| (a) | be read over to the person; | | (b) | if the person does not understand English, be interpreted for the person in a language that the person understands; and | | (c) | be signed by the person. [19/2018] |
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(5) Where, before a person makes a statement under this section, any police officer or forensic specialist examining the person reasonably suspects the person of having committed an offence specified in the Third Schedule, any statement made by the person during the examination must be recorded in the form of an audiovisual recording, unless any of the following applies:| (a) | due to an operational exigency, it is not feasible to record the statement in the form of an audiovisual recording; | | (b) | the equipment designated for recording the statement in the form of an audiovisual recording —| (i) | does not work; and | | (ii) | cannot be repaired or replaced within a reasonable time; |
| | (c) | the person requests that the statement be recorded in writing instead of in the form of an audiovisual recording, and the police officer or forensic specialist examining the person reasonably believes that the granting of the request will facilitate the investigation. [19/2018] |
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(6) Despite subsection (5) —| (a) | a mere failure to comply with subsection (5) does not render a statement by a person examined under this section inadmissible if the statement is otherwise admissible; and | | (b) | no inference is to be drawn by the court from a mere failure to comply with that subsection. [19/2018] |
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(7) Except as provided in subsection (5), any police officer or forensic specialist examining a person under this section may decide whether a statement made by the person during the examination is to be recorded —| (a) | in writing; or | | (b) | in the form of an audiovisual recording. [19/2018] |
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23.—(1) If, during an investigation, a person (called in this section the accused) is charged with an offence or informed by a police officer or any other person charged with the duty of investigating offences or charging offenders that the accused may be prosecuted for an offence, the accused must be served with and have read to the accused a written notice as follows: | | “You have been charged with [or informed that you may be prosecuted for] — |
| | | | | Do you want to say anything about the charge that was just read to you? If you keep quiet now about any fact or matter in your defence and you reveal this fact or matter in your defence only at your trial, the judge may be less likely to believe you. This may have a bad effect on your case in court. Therefore it may be better for you to mention such fact or matter now. If you wish to do so, what you say will be written down, read back to you for any mistakes to be corrected and then signed by you.”. |
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(2) If an accused, after the notice under subsection (1) is read to him or her —| (a) | remains silent; or | | (b) | says or does anything which intimates the accused’s refusal to give a statement, |
| the fact of his or her remaining silent or his or her refusal to give a statement or his or her other action must be recorded. |
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(3) Subject to subsection (3B), a statement made by an accused in answer to a notice read to the accused under subsection (1) must be recorded —| (a) | in writing; or | | (b) | in the form of an audiovisual recording. [19/2018] |
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(3A) Where a statement made by an accused in answer to a notice read to the accused under subsection (1) is recorded in writing, the statement must —| (a) | be read over to the accused; | | (b) | if the accused does not understand English, be interpreted for the accused in a language that the accused understands; and | | (c) | be signed by the accused. [19/2018] |
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(3B) Where, before an accused makes a statement in answer to a notice read to the accused under subsection (1), the accused is charged with or informed that the accused may be prosecuted for an offence specified in the Third Schedule, the statement made by the accused must be recorded in the form of an audiovisual recording, unless any of the following applies:| (a) | due to an operational exigency, it is not feasible to record the statement in the form of an audiovisual recording; | | (b) | the equipment designated for recording the statement in the form of an audiovisual recording —| (i) | does not work; and | | (ii) | cannot be repaired or replaced within a reasonable time; |
| | (c) | the accused requests that the statement be recorded in writing instead of in the form of an audiovisual recording, and the police officer or person to whom the accused intends to make the statement reasonably believes that the granting of the request will facilitate the investigation. [19/2018] |
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(3C) Despite subsection (3B) —| (a) | a mere failure to comply with subsection (3B) does not render a statement made by an accused in answer to a notice read to the accused under subsection (1) inadmissible, if the statement is otherwise admissible; and | | (b) | no inference is to be drawn by the court from a mere failure to comply with subsection (3B). [19/2018] |
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(3D) Except as provided in subsection (3B), the police officer or person to whom an accused intends to make a statement, in answer to a notice read to the accused under subsection (1), may decide whether the statement is to be recorded —| (a) | in writing; or | | (b) | in the form of an audiovisual recording. [19/2018] |
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(3E) To avoid doubt, nothing in subsection (3) or (3B) prevents or prohibits a police officer or person to whom an accused intends to make a statement in answer to a notice read to the accused under subsection (1) from arranging for the statement to be recorded both —| (a) | in writing; and | | (b) | in the form of an audiovisual recording. [19/2018] |
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| (4) No statement made by an accused in answer to a notice read to the accused under subsection (1) is to be construed as a statement caused by any threat, inducement or promise as is described in section 258(3), if it is otherwise voluntary. |
| (5) Where a statement made by an accused, in answer to a notice read to the accused under subsection (1), is recorded in writing, a copy of the statement must be given to the accused at the end of the recording. [19/2018] |
(6) Where a statement made by an accused, in answer to a notice read to the accused under subsection (1), is recorded in the form of an audiovisual recording —| (a) | if requested by the defence, arrangements must be made for the accused and the accused’s advocate (if any) to view the audiovisual recording of the statement, as soon as practicable after the audiovisual recording is made, at a police station or at any other prescribed place; and | | (b) | if a transcript of the audiovisual recording is made, a copy of the transcript must be given to the accused as soon as practicable after the transcript is made. [19/2018] |
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| Division 2 — Search and seizure |
| When search warrant may be issued |
24.—(1) A court may issue a search warrant if —| (a) | the court has reason to believe that a person who has been or may be issued an order under section 20(1), (1A), (3) or (3A), or a summons under section 235(1), would not produce any document or other thing (including data), or a copy of the document or thing, as required by the order or summons; | | (b) | it is not known who possesses that document or thing; or | | (c) | the court considers that a general or specific search or inspection will serve the purposes of justice or of any investigation, inquiry, trial or other proceeding under this Code. [19/2018] |
| (2) Nothing in this section authorises any court other than the General Division of the High Court to grant a warrant to search for any document or other thing (including data), or any copy of the document or thing, in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator. [19/2018; 40/2019; 10/2021] |
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| Search of house suspected to contain stolen property, forged documents, etc. |
25. If a court, upon information and after such inquiry as it thinks necessary, has reason to believe that any place is used —| (a) | for the deposit or sale of stolen property or of property unlawfully obtained or of goods in respect of which an offence has been committed under section 4 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975; | | (b) | for the deposit or sale or manufacture of any forged document, false seal, counterfeit stamp or coin, or any instrument or material for counterfeiting any coin or stamp or for forging; or | | (c) | for the concealing, keeping or depositing of any stolen property or property unlawfully obtained, forged document, false seal, counterfeit stamp or coin, or any instrument or material used for counterfeiting any coin or stamp or for forging, |
| the court may by warrant authorise the person or persons to whom it is issued — |
| (d) | to enter that place with such assistance as may be required; | | (e) | to search it in the manner, if any, specified in the warrant; | | (f) | to take possession of any goods, property, document, seal, stamp or coin found in it which any of those persons reasonably suspects to be the subject of an offence committed under section 4 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975 or to be stolen, unlawfully obtained, forged, false or counterfeit, and also of any such instrument and material as aforesaid; | | (g) | to convey any such goods, property, document, seal, stamp, coin, instrument or material before a Magistrate’s Court, or to guard the same on the spot until the offender is taken before a Magistrate’s Court, or otherwise to dispose thereof in some place of safety; and | | (h) | to take into custody and produce before a Magistrate’s Court every person found in that place who appears to have been privy to the deposit, sale or manufacture or keeping of any such goods, property, document, seal, stamp, coin, instrument or material knowing or having reasonable cause to suspect —| (i) | the goods to have been the subject of an offence committed under section 4 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975; | | (ii) | the property to have been stolen or otherwise unlawfully obtained; | | (iii) | the document, seal, stamp or coin to have been forged, falsified or counterfeited; or | | (iv) | the instrument or material to have been or to be intended to be used for counterfeiting any coin or stamp or for forging. |
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| 26.—(1) A search warrant issued by a court under this Code must be in writing bearing the seal of the court, and signed by a Magistrate or District Judge (as the case may be), or in the case of the General Division of the High Court, by a Judge or by the Registrar of the Supreme Court. [40/2019] | (2) A search warrant must ordinarily be issued to the Commissioner of Police and to one or more other police officers to be designated by name in the warrant, and all or any of those police officers may execute it. |
| (3) The court may in appropriate circumstances issue a search warrant to one or more named persons who are not police officers, and all or any of those persons may execute it. |
| (4) The court may, if it thinks fit, specify in a search warrant the particular place or part of it to be searched or inspected, and the person charged with executing the warrant must then search or inspect only the specified place or part thereof. |
| (5) A search warrant is subject to such conditions as may be specified by the court and remains in force for the number of days stated in the warrant. |
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| Setting aside search warrant |
27.—(1) A court issuing a search warrant may suspend or cancel the warrant if there are good reasons to do so.| (2) Where a search warrant is suspended or cancelled, the court must as soon as is reasonably practicable, inform the person or persons to whom the search warrant is issued of the suspension or cancellation. |
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| When search warrant issued to person other than police officer |
28.—(1) The court must specify the following conditions in every search warrant issued under section 26(3):| (a) | a list or description of the documents or things, or class of documents or things, that the person executing the search warrant may seize pursuant to the search; | | (b) | whether section 31(2) applies, and if so, the extent of its application; | | (c) | the amount of bond that the person executing the warrant must sign to ensure that the warrant is properly executed and the peace is kept. |
| (2) The court may, in addition to the conditions in subsection (1), specify in any search warrant issued under section 26(3) such conditions as it deems necessary for the proper execution of the warrant and the prevention of any breach of the peace. |
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| Execution of search warrant |
29.—(1) The person granted a search warrant must conduct the search in accordance with the warrant and with this Code.| (2) Entry and search under a search warrant must be conducted during such period of time as may be specified in the warrant. |
(3) If the occupier of a place to be entered and searched is present when the person granted the search warrant seeks to execute it, the person granted the warrant must —| (a) | identify himself or herself to the occupier and —| (i) | if he or she is a police officer, show the occupier documentary evidence that he or she is such a police officer; or | | (ii) | if he or she is not a police officer, show the occupier his or her original identity card or travel document as proof of his or her identity; |
| | (b) | show the occupier the warrant; and | | (c) | if requested, give the occupier a copy of the warrant. |
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| (4) If the occupier is not present when the person granted the search warrant seeks to execute it, but some other person who appears to be in charge of the place is present, then subsection (3) applies to that other person as if that other person were the occupier. |
| (5) If a search warrant is issued by a court under section 26(3), the person issued the warrant must, after duly executing the warrant, report that fact to the court and submit the list prepared under section 37(1). |
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| Search for person wrongfully confined |
30.—(1) A court may issue a search warrant if there is reason to believe that a person is confined under such circumstances that the confinement amounts to an offence.| (2) The police officer or person granted the search warrant may search for the confined person in accordance with the terms of the warrant. |
| (3) The confined person, if found, must as soon as reasonably practicable, be taken before the court, and the court is to make an order that is appropriate in the circumstances. |
| (4) If information is given to a police officer that there is reasonable cause for suspecting that any person is unlawfully confined in a place, and the police officer has reason to believe that a delay in obtaining a search warrant is likely to adversely affect the rescue of the confined person or the arrest of the person responsible for confining the confined person, that police officer may immediately proceed to enter and search the place without a search warrant. |
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| Person in charge of closed place to allow search |
31.—(1) Where a police officer or other person executing any search under this Division demands entry or access to a place liable to search under this Division, the occupier or any person in charge of the place must allow him or her free entry or access and provide all reasonable facilities for a search in it.| (2) If free entry or access to that place cannot be obtained under subsection (1), it is lawful in any case for the police officer or other person executing the search warrant to break open any outer or inner door or window of any place or to use any other reasonable means in order to gain entry or access into the place. |
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| Search without warrant for stolen property |
32.—(1) If information is given to any police officer of or above the rank of sergeant that there is reasonable cause for suspecting that any stolen property is concealed or lodged in any place and the police officer has good grounds for believing that by reason of the delay in obtaining a search warrant such property is likely to be removed, he or she may search for the property alleged to have been stolen in the place specified without a search warrant.| (2) A list of all the articles found upon a search conducted under subsection (1) and alleged to have been stolen or missing must be delivered or taken down in writing with a declaration stating that an offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating has been committed and that the informant has good grounds for believing that the property is deposited in that place. |
| (3) The person who lost the property or the person’s representative must accompany the officer in the search for that property under subsection (1) unless that person or that person’s representative cannot be found without unreasonable delay. |
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33.—(1) The Commissioner of Police may authorise any police officer in writing to enter any place in the circumstances mentioned in subsection (2) to search, seize and secure any property which the police officer believes to have been stolen as if the police officer had a search warrant for the property seized.(2) The circumstances mentioned in subsection (1) are —| (a) | when the place to be searched is, or has in the 12 months preceding the search been, occupied or used by any person who has been convicted of the offence of receiving stolen property or of harbouring thieves; or | | (b) | when the place to be searched is occupied or used by any person who has been convicted of any offence involving fraud or dishonesty punishable with imprisonment. |
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| (3) In authorising any police officer under subsection (1), it is not necessary for the Commissioner of Police to specify any particular property if the Commissioner of Police has reason to believe generally that the place to be searched is being made a storage for stolen property. |
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| Search by police officer in arrestable case |
34.—(1) A police officer investigating an arrestable offence may, without a search warrant, search or cause a search to be made for a document or other thing in any place if —| (a) | the police officer considers the document or thing to be necessary for his or her investigation and if he or she has reason to believe that a person who has been or may be issued with an order under section 20(1) will not or is unlikely to produce the document or thing or give access thereto as directed in the order; | | (b) | the police officer has reason to believe that the document or thing, which he or she considers to be necessary for his or her investigation, is likely to be removed; or | | (c) | it is not known who possesses the document or thing which he or she considers to be necessary for his or her investigation. |
| (2) The police officer in subsection (1) must, if reasonably practicable, conduct the search in person. |
| (2A) A reference to a police officer in this section includes a reference to a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act 2004 and the lawful directions of the police officer he or she assists. [10/2015] |
| (3) The provisions of this Code relating to searches pursuant to search warrants apply, with the necessary modifications, to a search made under this section. |
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| Powers to seize property in certain circumstances |
35.—(1) A police officer may seize, or prohibit the disposal of or dealing in, any property —| (a) | in respect of which an offence is suspected to have been committed; | | (b) | which is suspected to have been used or intended to be used to commit an offence; or | | (c) | which is suspected to constitute evidence of an offence. |
(2) If the property liable to be seized under subsection (1) is held or suspected to be held in an account or a safe deposit box in a financial institution, a police officer of or above the rank of inspector may, by written order —| (a) | direct the financial institution to deliver the property to any police officer; or | | (b) | direct the financial institution not to allow any dealings in respect of the property in such account or safe deposit box for such period as may be specified in the order. |
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| (3) A police officer to whom any property has been delivered under subsection (2)(a) must, as soon as is reasonably practicable, make a report of his or her receipt of the property at a police station. |
| (4) A police officer may exercise the powers conferred under this section despite any provision in any other law relating to the seizure of, or the prohibition of any disposal of or dealing in, any property. |
(5) Where any property held in an account in a financial institution is subject to a written order made by a police officer under subsection (2)(b) —| (a) | any interest or other earnings on the account, or any other payments, may be credited into the account after the date on which the written order was made; and | | (b) | any such interest, other earnings or payments are deemed to be subject to that same written order. |
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| (6) Any financial institution which contravenes an order made under subsection (2)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000. |
(7) A court may —| (a) | subsequent to an order of a police officer made under subsection (2); and | | (b) | on the application of any person who is prevented from dealing with property, |
| order the release of the property or any part of the property. |
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(8) The court may only order a release of property under subsection (7) if it is satisfied that —| (a) | such release is necessary for the payment of basic expenses, including any payment for foodstuff, rent, the discharge of a mortgage, medicine, medical treatment, taxes, insurance premiums and public utility charges; | | (b) | such release is necessary exclusively for —| (i) | the payment of reasonable professional fees and the reimbursement of any expenses incurred in connection with the provision of legal services; or | | (ii) | the payment of fees or service charges imposed for the routine holding or maintenance of the property which the person is prevented from dealing in; |
| | (c) | such release is necessary for the payment of any extraordinary expenses; | | (d) | the property is the subject of any judicial, administrative or arbitral lien or judgment, in which case the property may be used to satisfy the lien or judgment, provided that the lien or judgment arose or was entered before the order was made under subsection (2)(b); or | | (e) | such release is necessary, where the person is a company incorporated in Singapore, for any day‑to‑day operations of the company. |
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(9) In this section, property in respect of which an offence is suspected to have been committed and property which is suspected to have been used or intended to be used to commit an offence include —| (a) | such property as was originally in the possession or under the control of any person; | | (b) | any property into or for which the property which was originally in the possession or under the control of any person has been converted or exchanged and anything acquired by such conversion or exchange, whether immediately or otherwise; and | | (c) | if the property mentioned in paragraph (a) or (b) is money kept in an account in a financial institution, any interest or other earnings on such account or any other payment which is credited into such account after the date —| (i) | on which the offence is suspected to have been committed; or | | (ii) | on which the property is suspected to have been used or intended to be used to commit an offence. |
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| (10) A reference to a police officer in this section includes a reference to a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act 2004 and the lawful directions of the police officer he or she assists. [10/2015] |
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| Forfeiture of counterfeit currency or banknote, etc. |
36.—(1) Any police officer of or above the rank of sergeant, upon being satisfied that any person has in the person’s possession —| (a) | any counterfeit currency or any die, instrument or material for the purpose of counterfeiting any currency; or | | (b) | any forged or counterfeit banknote or any machinery, instrument or material used for the forging or counterfeiting of any banknote, |
| may, without warrant and with or without assistance, enter and search any place where any such currency or banknote or any such die, machinery, instrument or material is kept and seize any such currency, banknote, die, machinery, instrument or material. |
[15/2019] | (2) Anything seized under subsection (1) must, by order of the court before which any person is tried relating to such possession, or where there is no trial, by order of a Magistrate, be forfeited and must be destroyed or otherwise disposed of in such manner as the Minister may direct. |
| (3) In this section, “banknote”, “currency”, “die” and “instrument” have the meanings given by the Penal Code 1871. [15/2019] |
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| List of all things seized to be made and signed |
37.—(1) A police officer or any other person making a search under this Division must prepare and sign a list of all things seized during the search, recording the location where each such thing is found.| (2) In every case, the occupier or person in charge of the place searched, or a person acting on behalf of the occupier or person in charge, may attend during the search, and must be given a signed copy of the list. |
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| Power of court to impound document or other thing produced |
| 38. A court may, if it thinks fit, impound any document or other thing taken under this Code and produced before it. |
39.—(1) A police officer or an authorised person investigating an arrestable offence may, at any time —| (a) | access, inspect and check the operation in or from Singapore of a computer (whether in Singapore or elsewhere) that the police officer or authorised person has reasonable cause to suspect is or has been used in connection with, or contains or contained evidence relating to, the arrestable offence; | | (b) | use any such computer in or from Singapore, or cause any such computer to be used in or from Singapore —| (i) | to search any data contained in or available to such computer; and | | (ii) | to make a copy of any such data; |
| | (c) | prevent any other person from gaining access to, or using, any such computer (including by changing any username, password or other authentication information required to gain access to the computer); or | | (d) | order any person —| (i) | to stop accessing or using or to not access or use any such computer; or | | (ii) | to access or use any such computer only under such conditions as the police officer or authorised person may specify. [19/2018] |
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(2) The police officer or authorised person may also order any of the following persons to provide any assistance mentioned in subsection (2A):| (a) | any person whom the police officer or authorised person reasonably suspects of using, or of having used, the computer in connection with the arrestable offence; | | (b) | any person having charge of, or otherwise concerned with the operation of, the computer; | | (c) | any person whom the police officer or authorised person reasonably believes has knowledge of or access to any username, password or other authentication information required to gain access to the computer. [19/2018] |
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(2A) For the purposes of subsection (2), the types of assistance are as follows:| (a) | assistance to gain access to the computer (including assistance through the provision of any username, password or other authentication information required to gain access to the computer); | | (b) | assistance to prevent a person (other than the police officer or authorised person) from gaining access to, or using, the computer, including assistance in changing any username, password or other authentication information required to gain access to the computer. [19/2018] |
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(2B) Without limiting subsection (1), where the police officer or authorised person knows that the computer mentioned in that subsection is located outside Singapore, or does not know whether that computer is located in or outside Singapore, the police officer or authorised person —| (a) | may exercise the powers under subsection (1) in relation to that computer, or any data contained in or available to that computer, if —| (i) | the owner of that computer consents to the exercise of those powers; or | | (ii) | the police officer or authorised person obtains access to that computer through the exercise of any power of investigation under any written law, such as in any of the following circumstances:| (A) | the access is obtained with the assistance mentioned in subsection (2A)(a) provided under subsection (2) by a person having charge of, or otherwise concerned with the operation of, that computer; | | (B) | the access is obtained through an active connection with, or through any username, password or other authentication information stored in, another computer, which has been seized under section 35 and accessed under subsection (1); | | (C) | the access is obtained through any username, password or other authentication information contained in any document seized under section 35; | | (D) | the access is obtained through any username, password or other authentication information provided in any statement made by any person examined under section 22; and |
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| | (b) | may exercise the powers under subsection (1)(b) in relation to any data contained in or available to that computer, if the owner of that data consents to the exercise of those powers. [19/2018] |
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(3) Any person who obstructs the lawful exercise by a police officer or an authorised person of any power under subsection (1)(a), (b) or (c), or who fails to comply with any order of the police officer or authorised person under subsection (1)(d) or (2), shall be guilty of an offence and shall be liable on conviction —| (a) | in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000; or | | (b) | in any other case — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [19/2018] |
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| (4) An offence under subsection (3) is an arrestable offence. |
| (5) A person who had acted in good faith under subsection (1) or in compliance with a requirement under subsection (1)(d) or (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act. [19/2018] |
(6) In this section and section 40 —“authorised person” means —| (a) | a forensic specialist appointed under section 65A of the Police Force Act 2004, or any other person, who is authorised in writing by the Commissioner of Police for the purposes of this section or section 40 or both; or | | (b) | any officer of a prescribed law enforcement agency who is authorised in writing, by the head of that law enforcement agency, for the purposes of this section or section 40 or both; |
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| “prescribed law enforcement agency” means a law enforcement agency prescribed, by order in the Gazette, by the Minister charged with the responsibility for that law enforcement agency. [19/2018] |
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| Power to access decryption information |
40.—(1) For the purposes of investigating an arrestable offence, the Public Prosecutor may by order authorise a police officer or an authorised person to exercise, in addition to the powers under section 39, all or any of the powers under this section.(2) The police officer or authorised person mentioned in subsection (1) is entitled to —| (a) | access any information, code or technology which has the capability of retransforming or unscrambling encrypted data into readable and comprehensible format or text for the purposes of investigating the arrestable offence; | | (b) | require —| (i) | any person whom the police officer or authorised person reasonably suspects of using a computer in connection with an arrestable offence or of having used it in this way; or | | (ii) | any person having charge of, or otherwise concerned with the operation of, such computer, |
| to provide the police officer or authorised person with such reasonable technical and other assistance as he or she may require for the purposes of paragraph (a); and |
| | (c) | require any person whom the police officer or authorised person reasonably suspects to be in possession of any decryption information to grant the police officer or authorised person access to such decryption information as may be necessary to decrypt any data required for the purposes of investigating the arrestable offence. |
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| (3) Any person who obstructs the lawful exercise by a police officer or an authorised person of the powers under subsection (2)(a) or who fails to comply with any requirement of the police officer or authorised person under subsection (2)(b) or (c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. |
(4) Where a person is convicted of an offence under subsection (3) and it is shown that the encrypted data contains evidence relevant to the planning, preparation or commission of a specified serious offence, the person shall, in lieu of the punishment prescribed under subsection (3) —| (a) | be liable to be punished with the same punishment prescribed for that specified serious offence, except that the punishment imposed shall not exceed a fine of $50,000 or imprisonment for a term not exceeding 10 years or both; or | | (b) | be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both where the specified serious offence is punishable on conviction with death or imprisonment for life. |
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(5) For the purposes of subsection (4) but subject to subsection (6), “specified serious offence” means an offence under any of the following written laws:| (a) | any written law which provides for any offence involving the causing of death or bodily harm; | | (b) | any written law relating to actions or the threat of actions prejudicial to national security; | | (c) | any written law relating to radiological or biological weapons; | | (d) | the Arms and Explosives Act 1913; | | (e) | the Chemical Weapons (Prohibition) Act 2000; | | (f) | the Corrosive and Explosive Substances and Offensive Weapons Act 1958; | | (g) | the Hijacking of Aircraft and Protection of Aircraft and International Airports Act 1978; | | (h) | the Kidnapping Act 1961; | | (i) | the Maritime Offences Act 2003; | | (j) | the Official Secrets Act 1935; | | (k) | the Infrastructure Protection Act 2017; | | (l) | the Statutory Bodies and Government Companies (Protection of Secrecy) Act 1983; | | (m) | the Strategic Goods (Control) Act 2002; | | (n) | the Terrorism (Suppression of Financing) Act 2002; | | (o) | the United Nations (Anti-Terrorism Measures) Regulations; | | (p) | such other written law as the Minister may, by order in the Gazette, specify. [41/2017] |
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(6) An offence is not a specified serious offence for the purposes of subsection (4) unless the maximum punishment prescribed for that offence, whether for a first or subsequent conviction, is —| (a) | imprisonment for a term of 5 years or more; | | (b) | imprisonment for life; or | | (c) | death. |
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(7) In proceedings against any person for an offence under this section, if it is shown that that person was in possession of any decryption information at any time before the time of the request for access to such information, that person is presumed for the purposes of those proceedings to have continued to be in possession of that decryption information at all subsequent times, unless it is shown that the decryption information —| (a) | was not in that person’s possession at the time the request was made; and | | (b) | continued not to be in that person’s possession after the request was made. |
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| (8) A person who had acted in good faith or in compliance with a requirement under subsection (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act. |
(9) In this section —| “data” means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer; |
| “decryption information” means information, code or technology or part thereof that enables or facilitates the retransformation or unscrambling of encrypted data from its unreadable and incomprehensible format to its plain text version; |
| “encrypted data” means data which has been transformed or scrambled from its plain text version to an unreadable or incomprehensible format, regardless of the technique utilised for such transformation or scrambling and irrespective of the medium in which such data occurs or can be found for the purposes of protecting the content of such data; |
| “plain text version” means the original data before it has been transformed or scrambled to an unreadable or incomprehensible format. |
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Division 3 — Powers of investigation for
offences related to statement recording |
| Powers of investigation of certain law enforcement officers when recording statements |
40A.—(1) An officer of a prescribed law enforcement agency (other than the Singapore Police Force) who —| (a) | is authorised by any written law other than this section to exercise the powers of a police officer under this Code in relation to an investigation into an arrestable offence when investigating an offence under that written law; and | | (b) | records a statement during such an investigation by making an audiovisual recording, |
| may investigate any offence under regulations made under section 428(2)(b) committed in relation to that audiovisual recording, and is, by virtue of this section, taken to have the same powers mentioned in paragraph (a), despite anything to the contrary in that other written law. |
[14/2019] | (2) For the purposes of this section and section 40B, the Minister charged with the responsibility for any law enforcement agency may, by order in the Gazette, prescribe the law enforcement agency as a prescribed law enforcement agency. [14/2019] |
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| Officer deemed to be of certain rank |
| 40B. For the purpose of section 40A, when an officer of a prescribed law enforcement agency is exercising the powers pursuant to that section when investigating an offence in relation to an audiovisual recording, the officer is deemed to be a police officer not below the rank of inspector of police. [14/2019] |
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