PART 6 ARREST AND BAIL AND PROCESSES
TO COMPEL APPEARANCE |
| Division 1 — Arrest without warrant |
| When arrest may be made without warrant |
64.—(1) Any police officer may, without a warrant, arrest any person who —| (a) | has been concerned in an arrestable offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of the person having been so concerned or involved; | | (b) | possesses a housebreaking tool without being able to provide a lawful excuse for having it; | | (c) | has been proclaimed as an offender under section 88; | | (d) | possesses anything that may reasonably be suspected to be stolen or fraudulently obtained property, and who may reasonably be suspected of having committed an offence in acquiring it; | | (e) | obstructs a police officer while the police officer is doing his or her duty, or has escaped or tries to escape from lawful custody; | | (f) | is reasonably suspected of being a deserter from any force mentioned in section 140B of the Penal Code 1871 or to which Chapter 7 of that Code may be extended; | | (g) | is trying to conceal his or her presence in circumstances that suggest he or she is doing so with a view to committing an arrestable offence; | | (h) | has no apparent means of subsistence or who cannot give a satisfactory account of himself or herself; | | (i) | is known to be a habitual robber, housebreaker or thief, or a habitual receiver of stolen property knowing it to be stolen, or who is known to habitually commit extortion or to habitually put or attempt to put persons in fear of injury in order to commit extortion; | | (j) | commits or attempts to commit a breach of the peace in the police officer’s presence; | | (k) | is known to be planning to commit an arrestable offence, if it appears to the police officer that the offence cannot otherwise be prevented; | | (l) | is subject to police supervision and who has failed to comply with this Code or any other written law; or | | (m) | has breached any detention order under any written law. |
| (2) This section does not affect any other law empowering a police officer to arrest without a warrant. |
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| Arrest on refusal to give name and residence to police officer |
65.—(1) A police officer may arrest any person who is accused of committing, or who commits in the view or presence of the police officer, a non-arrestable offence if, on the demand of the police officer, the person refuses to give his or her name and residential address.| (2) A police officer may arrest such a person who gives a residential address outside Singapore, or a name or residential address which the police officer has reason to believe is false. |
| (3) Any person arrested under this section must be brought to a police station as soon as reasonably practicable and may, if required by a police officer of or above the rank of sergeant, be released upon signing a bond with or without surety to appear before a Magistrate. |
| (4) If the person refuses or is unable to sign the bond as required, the person must, within 24 hours of the arrest (excluding the time necessary for the journey to a Magistrate’s Court), be brought before a Magistrate’s Court. |
(5) The person who is brought before a Magistrate’s Court under subsection (4) may —| (a) | be ordered to be detained in custody until the person can be tried; or | | (b) | if so required by the Magistrate, be released upon signing a bond, with or without surety, to appear before a Magistrate’s Court. |
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66.—(1) Any private person may arrest any person who, in the private person’s view or presence, commits an arrestable non‑bailable offence, or who has been proclaimed as an offender under section 88.| (2) The private person must, without unnecessary delay, hand over the arrested person to a police officer or take the arrested person to a police station. |
| (3) If there is reason to believe that the arrested person is a person mentioned in section 64(1), a police officer must re‑arrest him or her. |
| (4) If there is reason to believe that the arrested person has committed a non-arrestable offence and he or she refuses to give his or her name and residential address when required by a police officer, or gives a residential address outside Singapore, or a name or residential address that the police officer has reason to believe is false, the arrested person may be dealt with under section 65. |
| (5) If there is no reason to believe that the arrested person has committed any offence, he or she must be released at once. |
(6) A person who commits an offence against any other person (called in this subsection the victim) or the victim’s property may, if —| (a) | the person’s name and residential address are unknown; | | (b) | the person gives a residential address outside Singapore; or | | (c) | the person gives a name or residential address which the victim or any person who is using the victim’s property in relation to which the offence is committed, or which the employee of either of those persons, or which any person authorised by or acting in aid of either of those persons, has reason to believe is false, |
| be apprehended by the victim, employee or such person mentioned in paragraph (c). |
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| (7) The person apprehended under subsection (6) may be detained until he or she can be delivered into the custody of a police officer, and subsections (3), (4) and (5) thereafter apply. |
| (8) If any person being lawfully apprehended under subsection (6) assaults or forcibly resists the person by whom he or she is so apprehended, he or she shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. |
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| How arrested person to be dealt with |
| 67. A police officer making an arrest without warrant must, without unnecessary delay and subject to the provisions of this Code on bail or previous release, take or send the person arrested before a Magistrate’s Court. |
| Person arrested not to be detained more than 48 hours |
| 68.—(1) Unless the court orders otherwise under section 92(3)(a) or 93(3B)(a), no police officer may detain in custody a person who has been arrested without a warrant for a longer period than under all the circumstances of the case is reasonable. [19/2018] | (2) The period must not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. |
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| Division 2 — Arrest with warrant |
| 69.—(1) An arrest warrant must ordinarily be directed to the Commissioner of Police or to the head of any law enforcement agency, or any person of a similar rank in a law enforcement agency. [19/2018] (2) An arrest warrant —| (a) | if directed to the Commissioner of Police, may be executed by any police officer or any person appointed by the Commissioner of Police; or | | (b) | if directed to the head of any law enforcement agency, or any person of a similar rank in a law enforcement agency, may be executed by any person appointed by the head or person of a similar rank. [19/2018] |
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| (3) The court issuing an arrest warrant may direct it to any person or persons by name or office and such person or persons may execute the warrant. |
| (4) When an arrest warrant is directed to more than one person, all or any of them may execute it. |
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| Arrest of person subject to warrant |
| 70. A person subject to an arrest warrant may be arrested by a person authorised to execute the warrant or by a police officer. |
| 71.—(1) An arrest 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) The arrest warrant remains in force until it is executed, or cancelled by a court. |
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| Court may endorse on warrant security to be taken |
72.—(1) A court issuing an arrest warrant may direct by endorsement on the warrant that, if the person subject to the arrest warrant executes a bond with sufficient sureties for the person’s attendance at the next sitting of the court after the day of arrest and at every subsequent sitting until the court directs otherwise, then the person to whom the warrant is directed must take such security and release the person subject to the arrest warrant from custody.(2) The endorsement must state —| (a) | the number of sureties; and | | (b) | the amount that the sureties and the person subject to the arrest warrant are respectively bound. |
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| (3) When security is taken under this section, the person to whom the warrant is directed must, when required, send the bond to the court. |
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| Notification of content of warrant |
| 73. The police officer or other person executing an arrest warrant must inform the arrested person of the content of the warrant and, if required, show him or her the warrant or a copy of it. |
| Arrested person to be brought before court without delay |
| 74. Subject to section 72, the police officer or other person executing an arrest warrant must bring the arrested person to the court before which the police officer or other person is required by law to produce the arrested person without unnecessary delay. |
Division 3 — General provisions for arrests
with or without warrant |
75.—(1) In making an arrest, the police officer or other person must touch or confine the body of the person to be arrested unless he or she submits to arrest by word or action.| (2) If the person forcibly resists or tries to evade arrest, the police officer or other person may use all reasonable means necessary to make the arrest. |
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| 76. The person arrested must not be restrained more than is necessary to prevent his or her escape. |
| Search of place entered by person sought to be arrested |
77.—(1) If a police officer with authority to arrest or a person acting under an arrest warrant has reason to believe that the person to be arrested is inside any place and demands entry to that place, any person residing in or in charge of the place must allow the police officer or person acting under an arrest warrant free entry and provide all reasonable facilities for a search in it.| (2) If entry to that place cannot be gained under subsection (1), it is lawful for a police officer with authority to arrest or a person acting under an arrest warrant to enter and search the place. |
| (3) In any case in which an arrest warrant may be issued but cannot be obtained without the risk of the person to be arrested escaping, a police officer may enter and search the place. |
| (4) After stating his or her authority and purpose and demanding entry to a place, a police officer with authority to arrest or a person acting under an arrest warrant who is unable to obtain entry may, for the purposes of subsection (2) or (3), break open any outer or inner door or window or use any other reasonable means to gain such entry. |
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| Search of person arrested and his or her premises |
78.—(1) Whenever —| (a) | a person is arrested by a police officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or | | (b) | a person is arrested without warrant by a police officer or a private person under a warrant and the person arrested cannot legally be admitted to bail or is unable to furnish bail, |
| the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom the private person hands over the person arrested, may search the person arrested and place in safe custody all articles other than necessary wearing apparel found upon him or her. |
(2) A police officer investigating an arrestable offence under Part 4 may —| (a) | enter any place belonging to or under the control of any person who —| (i) | is under arrest in connection with the offence; | | (ii) | is reasonably believed to be connected with the offence; or | | (iii) | is reasonably believed to have given shelter to the person under arrest; and |
| | (b) | search the place for any evidence of the offence. |
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| Power to seize offensive weapons |
| 79. Any police officer or person making any arrest under this Code may take from the person arrested any offensive weapons which the arrested person has about his or her person, and must deliver all weapons so taken to a police station. |
| Search for name and address |
| 80. A person lawfully in custody who, because of incapacity from intoxication, illness, mental disorder, physical disability or infancy, cannot give a reasonable account of himself or herself may be searched to find out his or her name and address. |
| Detention and search of persons in place searched |
81.—(1) Where a search for anything is lawfully made in any place in respect of any offence, every person found there may be lawfully detained until the search is completed.| (2) If the thing sought in a place can be concealed on a person, each person found in the place may be searched for it by or in the presence of a police officer of or above the rank of sergeant. |
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| 82. A police officer or other person authorised to make an arrest may break open a place to free himself or herself or any other person who, having lawfully gone inside to make an arrest, is detained in it. |
| 83.—(1) Except as provided in subsection (2), whenever it is necessary to cause a woman to be searched, the search must be made by a relevant officer who is a woman. [19/2018] (2) A search of a woman may be made by a relevant officer who is a man, if (and only if) all of the following conditions are satisfied:| (a) | the relevant officer reasonably suspects the woman of committing, attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, a terrorist act; | | (b) | the relevant officer believes in good faith that the terrorist act is imminent; | | (c) | the relevant officer believes in good faith that the search cannot be made within a reasonable time by a relevant officer who is a woman. [19/2018] |
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| (3) Every search mentioned in subsection (1) or (2) must be made with strict regard to decency. [19/2018] |
| (4) In this section, “relevant officer” means a police officer or an officer of the Immigration & Checkpoints Authority. [19/2018] |
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| Power to pursue and arrest after escape or rescue |
84.—(1) If a person in lawful custody escapes or is rescued, the person from whose custody he or she escaped or was rescued, or any police officer, may immediately pursue and arrest him or her for the purpose of returning him or her to the place where he or she was in lawful custody.| (2) Sections 77 and 82 apply to any arrest under subsection (1) even if the person making the arrest is not acting under an arrest warrant and is not a police officer having authority to arrest. |
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| Release of arrested person |
| 85. A person arrested by a police officer must not be released except on the person’s own bond or on bail, or by a written order of a court or of a police officer of or above the rank of sergeant. |
| Public assistance in arrests |
86. Every person is bound to help a police officer or any other person authorised to make an arrest reasonably demanding the person’s aid —| (a) | in arresting a person whom the police officer or other person is authorised to arrest; | | (b) | in preventing a breach of the peace or in preventing any person from damaging any public property; or | | (c) | in suppressing a riot or an affray. |
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| Assisting person other than police officer to execute warrant |
| 87. If a warrant is granted to a person who is not a police officer, any other person may help in executing the warrant if the person to whom the warrant is granted is near at hand and engaged in executing it. |
| Division 4 — Proclamation and attachment |
| Proclamation for person absconding |
88.—(1) If a court has reason to believe, whether after taking evidence or not, that a person against whom a warrant of arrest has been issued has absconded or is hiding so that the warrant cannot be executed, the court may publish a written proclamation requiring the person to appear at a specified place and at a specified time not less than 30 days after the date of publication.(2) The proclamation must be published —| (a) | in a daily newspaper; | | (b) | by leaving a copy of it at the person’s last known address; | | (c) | by affixing a copy of it to any bulletin board in the court house; | | (d) | by affixing a copy of it to the bulletin board in the office of the Town Council established under section 4 of the Town Councils Act 1988 that is nearest to the person’s last known address; or | | (e) | by affixing a copy of it to a bulletin board of any community centre or clubhouse established under the People’s Association Act 1960 that is nearest to the person’s last known address. |
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| (3) A statement by the court issuing the proclamation stating that the proclamation was published on a specified day in a specified manner, or on a specified day at a specified place, is conclusive of that fact. |
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| Attachment of property of person proclaimed |
89.—(1) After issuing a proclamation under section 88, the court may order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person.(2) If the property consists of debts or other movable property, the attachment may be made by all or any of the following methods:| (a) | by seizure; | | (b) | by the appointment of a receiver; | | (c) | by an order in writing prohibiting the delivery of the property to the proclaimed person or any person on the proclaimed person’s behalf. |
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(3) If the property to be attached is immovable property, the attachment may be made by all or any of the following methods:| (a) | by taking possession; | | (b) | by the appointment of a receiver; | | (c) | by an order in writing prohibiting the payment of rent or delivery of any instrument of title to the proclaimed person or any person on the proclaimed person’s behalf. |
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| (4) The powers, duties and liabilities of a receiver appointed under this section are the same as those of a receiver appointed by the General Division of the High Court under its civil jurisdiction. [40/2019] |
| (5) An attachment of immovable property has no effect until the order of attachment is registered under the Registration of Deeds Act 1988 or the Land Titles Act 1993, as the case may be. |
| (6) If the proclaimed person does not appear within the time specified in the proclamation, the attached property is at the disposal of the Government, but it must not be disposed of until the end of a reasonable period set by the court, having regard to the nature of the property. |
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| Application for release of attached property |
90.—(1) Any person, including the person proclaimed, may apply to the court for the release of the property attached under section 89 or for the net proceeds of sale if sold.| (2) Such an application must be supported by an affidavit stating the reason for the release of the property or the net proceeds of the sale, and served on the Public Prosecutor. |
| (3) The court, after hearing the parties, may make such order as it thinks fit, including an order for the applicant to pay the costs of the proceeding and an order for costs to be awarded to an applicant whose property was wrongfully attached. |
| (4) An application under this section may not be made more than 3 years from the date of attachment or the sale, whichever is the later. |
| (5) Any hearing conducted under this section must follow as closely as practicable the procedure prescribed in this Code for conducting trials. |
| (6) Any order for costs to be awarded to an applicant whose property was wrongfully attached is to be paid out of the Consolidated Fund. |
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| Division 5 — Bails and bonds |
| Interpretation of this Division |
91. In this Division —| “released person” means any person who is released on bail or on his or her personal bond, as the case may be; |
| “surrender to custody”, in relation to a released person, means to surrender himself or herself into the custody of the court or a police officer (as the case may be) according to the bail or bond conditions at the time and place appointed for him or her to do so. |
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| When person must normally be released on bail or personal bond, or on both |
92.—(1) When any person, except a person accused of a non‑bailable offence —| (a) | is arrested or detained without warrant by a police officer, or appears or is brought before a court; and | | (b) | is prepared to give bail at any time while in the police officer’s custody or at any stage of the proceedings before the court, |
| the person must be released on bail by a police officer in cases determined by the Commissioner of Police or by that court. |
[19/2018] (2) Despite subsection (1) —| (a) | the police officer or the court may, instead of taking bail from the person, release the person if the person signs a personal bond without sureties; and | | (b) | the court may, instead of releasing the person on bail, release the person on bail and on personal bond by requiring the person to sign a personal bond without sureties, in addition to taking bail from the person. [19/2018] |
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(3) Despite subsections (1) and (2), where the person is accused of an offence that is not a fine-only offence, and a court believes, on any ground prescribed in the Criminal Procedure Rules, that the person, if released, will not surrender to custody, be available for investigations or attend court, the court may order as follows:| (a) | if the person is arrested or detained without warrant by a police officer — order the police officer not to release the person on bail or on personal bond; | | (b) | if the person appears or is brought before the court — refuse to release the person, whether on bail, on personal bond, or on bail and on personal bond. [19/2018] |
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(4) Where —| (a) | a State Court orders the release of a person under this section on bail, on personal bond, or on bail and on personal bond; and | | (b) | the prosecution applies to the State Court to stay execution on the order pending a review of the order by the General Division of the High Court, |
| the State Court may stay execution on the order pending a review of the order. |
[19/2018; 40/2019] |
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| When person accused of non-bailable offence may be released on bail |
93.—(1) Subject to section 95(1), if any person accused of any non‑bailable offence is arrested or detained without warrant by a police officer, or appears or is brought before a court, the person may be released on bail by a police officer of or above the rank of sergeant or by the court.| (2) Subject to section 95(1), if, at any stage of an investigation, inquiry, trial or other proceeding under this Code, there are no reasonable grounds for believing that the accused has committed a non‑bailable offence, the police officer or court must release the accused. |
| (3) Despite subsection (2), if there are grounds for further investigations as to whether the accused has committed some other bailable offence, then, pending the investigations, the accused must be released on bail or, at the discretion of the police officer or court, on his or her own personal bond. |
| (3A) Despite subsections (2) and (3), the court may, instead of releasing the accused on bail or on the accused’s own personal bond, release the accused on bail and on personal bond by requiring the accused to sign a personal bond without sureties, in addition to taking bail from the accused. [19/2018] |
(3B) Despite subsections (2), (3) and (3A), where there are grounds for further investigations as to whether the accused has committed a bailable offence that is not a fine‑only offence, and a court believes, on any ground prescribed in the Criminal Procedure Rules, that the accused, if released, will not surrender to custody, be available for investigations or attend court, the court may —| (a) | order the police officer not to release the accused on bail or on personal bond; or | | (b) | refuse to release the accused, whether on bail, on personal bond, or on bail and on personal bond. [19/2018] |
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(3C) Where —| (a) | a State Court orders the release on bail, on personal bond, or on bail and on personal bond, of a person accused of a non‑bailable offence; and | | (b) | the prosecution applies to the State Court to stay execution on the order pending a review of the order by the General Division of the High Court, |
| the State Court must stay execution on the order pending a review of the order. |
[19/2018; 40/2019] |
| (4) A police officer or a court releasing any person under this section must record in writing the reasons for so doing. |
| (5) Any court may at any subsequent stage of any proceeding under this Code cause any person who has been released under this section to be arrested and may commit the person to prison. |
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| Conditions of bail or personal bond |
94.—(1) All of the following conditions are imposed when a police officer or the court grants bail or releases the accused on personal bond under section 92 or 93, unless the police officer or the court (as the case may be) specifies otherwise:| (a) | the accused must surrender the accused’s travel document; | | (b) | the accused must surrender to custody, be available for investigations, or attend court, on the day and at the time and place appointed for the accused to do so, as the case may be; | | (c) | the accused must not commit any offence while released on bail or on personal bond; | | (d) | the accused must not interfere with any witness or otherwise obstruct the course of justice, whether in relation to the accused or in relation to any other person; | | (e) | in the case of bail — any person offered as surety for an accused in a criminal matter must not be a co‑accused in the same matter. [19/2018] |
| (2) A police officer or the court may impose such other conditions as are necessary when granting bail or releasing the accused on personal bond under section 92 or 93. [19/2018] |
| (3) The conditions that may be imposed in relation to an accused under subsection (2) include a requirement for the electronic monitoring of the accused’s whereabouts. [19/2018] |
| (4) However, if the prosecution applies to a police officer or the court to impose under subsection (2) the requirement under subsection (3), the police officer or court must do so. [19/2018] |
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| Exceptions to bail or release on personal bond |
95.—(1) An accused must not be released on bail or on personal bond if —| (a) | the accused is charged for an offence punishable with death or imprisonment for life; | | (b) | the accused is accused of any non-bailable offence, and the court believes, on any ground prescribed in the Criminal Procedure Rules, that the accused, if released, will not surrender to custody, be available for investigations or attend court; or | | (c) | the accused has been arrested or taken into custody under a warrant issued under section 12 or 34 of the Extradition Act 1968 or endorsed under section 33 of that Act. [19/2018] |
(2) Despite subsection (1), the court may —| (a) | direct that any juvenile or any sick or infirm person accused of such an offence be released on bail; | | (b) | release on bail an accused charged with an offence mentioned in subsection (1)(a), if —| (i) | the offence is also punishable with an alternative punishment other than death or life imprisonment; and | | (ii) | the offence is to be tried before a District Court or a Magistrate’s Court; or |
| | (c) | release on bail an accused who has been arrested or taken into custody under a warrant mentioned in subsection (1)(c), if the conditions prescribed in the Criminal Procedure Rules for such release are satisfied. [19/2018] |
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| (3) In this section, “accused” includes a “fugitive” as defined in the Extradition Act 1968. |
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| 96. The amount of every bond executed under this Division must be fixed with due regard to the circumstances of the case as being sufficient to secure the attendance of the person arrested or charged. |
| Powers of General Division of High Court regarding bail |
97.—(1) Subject to section 95(1) and subsection (2), at any stage of any proceeding under this Code, the General Division of the High Court may —| (a) | release any accused before the General Division of the High Court on bail, on personal bond, or on bail and on personal bond; | | (b) | vary the amount or conditions of the bail or personal bond required by a police officer or a State Court, or impose such other conditions for the bail or personal bond as the General Division of the High Court thinks fit; | | (c) | where a State Court orders the release of a person on bail, on personal bond, or on bail and on personal bond, stay execution on the order pending a review of the order by the General Division of the High Court; or | | (d) | direct that any person who has been released on bail, on personal bond, or on bail and on personal bond, under this Division be arrested, and commit that person to custody. [19/2018; 40/2019] |
(2) Where —| (a) | a State Court orders the release on bail, on personal bond, or on bail and on personal bond, of a person accused of a non‑bailable offence; and | | (b) | the prosecution applies to the General Division of the High Court to stay execution on the order pending a review of the order by the General Division of the High Court, |
| the General Division of the High Court must stay execution on the order pending a review of the order. |
[19/2018; 40/2019] |
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| Application for bail or release on personal bond in General Division of High Court |
| 98.—(1) An application to the General Division of the High Court for bail or release on personal bond must, unless otherwise ordered, be supported by an affidavit stating sufficient facts to enable the court to determine whether or not such bail or release should be granted. [40/2019] | (2) If the court orders that the accused or prisoner be granted bail or released on personal bond, the order must be drawn up with a direction that a warrant be issued to bring the accused or the prisoner before the court for the purpose of being bailed or released. |
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99.—(1) Before any person is released on his or her personal bond under this Division, a bond for such sum of money as the police officer or court thinks sufficient must be executed by the person.| (2) When a person is released on bail, the bond must be executed by one or more sufficient sureties, on condition that the released person attends on the date and at the time and place mentioned in the bond, and must continue to attend until otherwise directed by the police officer or court, as the case may be. |
| (3) The bond may also bind the released person to appear when called on at any court to answer the charge. |
| (4) The bond is subject to the further condition that as long as it remains in force, the released person must not leave Singapore without the permission of the police officer or the court. |
| (5) Such permission, if granted, must be evidenced by an endorsement on the bond specifying for how long and the place to which the permission applies. |
| (6) Such permission may be granted only on the personal application of the released person in the presence of his or her surety or sureties, if any. |
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100.—(1) As soon as the bond has been executed, the person for whose appearance it has been executed must be released.| (2) If the person is in prison, the court must issue an order of release to the officer in charge of the prison, and the officer must release him or her on receiving the order. |
| (3) A person must not be released under this section or section 92 or 93 if the person is liable to be detained for a different matter than that for which the bond is executed. |
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| Released person to give address for service |
101.—(1) A released person must give the court or officer releasing him or her an address where he or she can be served with any notice or process.| (2) If the released person cannot be found or the notice or process cannot be served on him or her for any other reason, any notice or process left for him or her at the address given is treated as duly served on him or her. |
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| Withdrawal, change of conditions, etc., of bail |
102.—(1) If a court has granted bail to a released person and it is shown that —| (a) | there has been a material change of circumstances; or | | (b) | new facts have since come to light, |
| the court may vary the conditions of the bail or personal bond, or impose further conditions for the bail or the personal bond, or cause the released person to be arrested and may commit him or her to custody. |
| (2) If, through mistake, fraud or otherwise, insufficient sureties have been accepted or if they afterwards become insufficient, a court may issue an arrest warrant directing that the released person be brought before it and may order him or her to provide sufficient sureties. |
| (3) If the released person fails to provide sufficient sureties, the court may commit him or her to custody. |
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| Absconding or breaking conditions of bail or personal bond, etc. |
| 103.—(1) If a released person under a duty to surrender to custody, or to make himself or herself available for investigations or to attend court, does not do so, he or she may be arrested without a warrant. [19/2018] | (2) If a released person leaves the court at any time after he or she has surrendered into its custody or after he or she has attended court on the day and at the time appointed for him or her to do so, and before the court is ready to begin or to resume the hearing of the proceedings, the court may issue a warrant for his or her arrest. |
(3) A released person under a duty to surrender to custody, or to make himself or herself available for investigations or to attend court on the day and at the time and place appointed for him or her to do so, may be arrested without a warrant if —| (a) | there are reasonable grounds for believing that he or she is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court; | | (b) | there are reasonable grounds for believing that he or she is likely to break or has broken any of the conditions of his or her bail or personal bond; or | | (c) | any of his or her sureties informs the police or court that the person is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court and that the surety therefore wishes to be relieved of his or her obligations as a surety. |
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(4) When such a person is brought before the court pursuant to an arrest under this section and the court thinks that the person —| (a) | is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court; or | | (b) | has broken or is likely to break any conditions of his or her bail or personal bond, |
| the court may remand the person in custody or grant him or her bail subject to such conditions as it thinks fit. |
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(5) A released person shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both, if the released person knowingly, and without reasonable excuse, fails to comply with any duty imposed on the released person —| (a) | to surrender to custody; | | (b) | to be available for investigations; or | | (c) | to attend court on the day and at the time and place appointed for the released person to do so. [19/2018] |
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(6) For the purposes of subsection (5), a released person is presumed, until the contrary is proved, to have no reasonable excuse if —| (a) | on or before the date of the failure to comply with the duty, the released person left Singapore without the permission of a police officer or the court (as the case may be) and has not returned to Singapore; or | | (b) | on the date of the failure to comply with the duty, the released person, being outside Singapore, remains outside Singapore without the permission of the police officer or the court, as the case may be. [19/2018] |
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104. A surety must —| (a) | ensure that the released person surrenders to custody, or makes himself or herself available for investigations or attends court on the day and at the time and place appointed for him or her to do so; | | (b) | keep in daily communication with the released person and lodge a police report within 24 hours of losing contact with him or her; and | | (c) | ensure that the released person is within Singapore unless the released person has been permitted by the police officer mentioned in section 92 or 93 (as the case may be) or the court to leave Singapore. |
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| Surety may apply to have bond discharged |
105.—(1) A surety may at any time apply to the court to discharge the bond as far as it relates to him or her.| (2) On receiving such an application, the court may issue an arrest warrant directing that the released person be produced before it. |
| (3) When the released person appears in court under the warrant or voluntarily, the court must direct that the bond be discharged wholly or so far as it relates to the applicant and must call on the released person to provide other sufficient sureties. |
| (4) A surety may arrest the person for whom he or she stood surety and immediately bring the person before a court, and the court must then discharge the surety’s bond and call on the released person to provide other sufficient sureties. |
| (5) If a released person fails to provide other sufficient sureties when called on to do so under subsection (3) or (4), the court must commit him or her to custody. |
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| Security instead of surety |
| 106. When a court or police officer requires a person to sign a bond with one or more sureties, the court or officer may (except in the case of a bond for good behaviour) instead permit the person to enter into his or her own personal bond and provide security acceptable to the court or officer. |
| Prohibition against agreements to indemnify surety, etc. |
| 106A.—(1) Any agreement (whether made before, on or after 31 October 2018) indemnifying or purporting to indemnify any person against any liability which that person may incur as a surety to a bail bond is void. [19/2018] | (2) Any person who, on or after 31 October 2018, knowingly enters into an agreement mentioned in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both. [19/2018] |
(3) An offence under subsection (2) is committed —| (a) | whether the agreement is entered into before or after the person to be indemnified becomes a surety; | | (b) | whether or not the person to be indemnified becomes a surety; and | | (c) | whether the agreement contemplates compensation in money or money’s worth. [19/2018] |
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| Procedure for forfeiture of bond without sureties |
107.—(1) This section provides for the forfeiture of the following bonds:| (a) | a personal bond without sureties; | | (b) | a bond without sureties to keep the peace; | | (c) | a bond without sureties for good behaviour. [14/2019] |
(2) If it is proved to a court’s satisfaction that —| (a) | the released person bound by a bond mentioned in subsection (1)(a) has, without reasonable excuse, failed to comply with any duty imposed on the released person to surrender to custody, to be available for investigations, or to attend court on the day and at the time and place appointed for the released person to do so; | | (b) | the person bound by a bond mentioned in subsection (1)(b) has, without reasonable excuse, failed to keep the peace; or | | (c) | the person bound by a bond mentioned in subsection (1)(c) has failed to be of good behaviour, |
| (d) | must record the basis of such proof; | | (e) | must forfeit the bond; | | (f) | may summon before the court that relevant person; | | (g) | may call upon that relevant person to pay a sum, being the whole or any part of the amount of the bond, or to explain why that sum should not be paid; and | | (h) | may order that the sum mentioned in paragraph (g) be paid by instalments. [14/2019] |
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| (3) If the explanation mentioned in subsection (2)(g) is inadequate, and the sum mentioned in subsection (2)(g) is not paid in full, the court may recover the amount unpaid by issuing an order for the attachment of any property, movable or immovable, belonging to the relevant person. [14/2019] |
(4) The attachment of any property under subsection (3) may be carried out —| (a) | by seizure of such property, which may be sold and the proceeds applied towards the payment of the amount; or | | (b) | by appointing a receiver, who may take possession of and sell such property, and apply the proceeds towards the payment of the amount. [14/2019] |
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| (5) If immovable property attached under subsection (3) is sold, the officer under whose direction the attachment and sale was carried out may do any thing or act to transfer the title to the purchaser. [14/2019] |
| (6) If the sum mentioned in subsection (2)(g) is not paid in full or cannot be fully recovered by such attachment and sale, the court may commit to prison the relevant person for a term not exceeding 12 months. [14/2019] |
| (7) Any person may, not later than 7 days after the date any property is seized under subsection (4)(a) or taken possession of by the receiver under subsection (4)(b) (as the case may be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (3), and the court may make such order as it sees fit. [14/2019] |
| (8) Any unsatisfied part of the sum mentioned in subsection (2)(g) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such. [14/2019] |
| (9) The court may, on the application of a relevant person at any time after the relevant person is called upon to pay the sum mentioned in subsection (2)(g), reduce that sum and enforce part‑payment only. [14/2019] |
(10) In this section, “relevant person” means —| (a) | the released person bound by a bond mentioned in subsection (1)(a); | | (b) | the person bound by a bond mentioned in subsection (1)(b); or | | (c) | the person bound by a bond mentioned in subsection (1)(c). [14/2019] |
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| Procedure for forfeiture of bond with sureties |
107A.—(1) This section provides for the forfeiture of the following bonds:| (a) | a bond with one or more sureties; | | (b) | a bond with sureties to keep the peace; | | (c) | a bond with sureties for good behaviour. [14/2019] |
(2) If it is proved to a court’s satisfaction that —| (a) | the released person for whose appearance a bond mentioned in subsection (1)(a) was executed has, without reasonable excuse, failed to comply with any duty imposed on the released person to surrender to custody, to be available for investigations, or to attend court on the day and at the time and place appointed for the released person to do so; | | (b) | the person bound by a bond mentioned in subsection (1)(b) has, without reasonable excuse, failed to keep the peace; or | | (c) | the person bound by a bond mentioned in subsection (1)(c) has failed to be of good behaviour, |
| (d) | must record the basis of such proof; | | (e) | must forfeit the bond, as far as it relates to the relevant person; | | (f) | may summon before the court each person bound by the bond; | | (g) | may call upon each surety bound by the bond to explain why the bond, as far as it relates to that surety, should not be forfeited; and | | (h) | may call upon the relevant person to pay a sum, being the whole or any part of the amount of the bond, or to explain why the relevant person should not pay that sum. [14/2019] |
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(3) If the explanation given by a surety is inadequate, and it is proved to the court’s satisfaction that —| (a) | in relation to a bond mentioned in subsection (1)(a), the surety is in breach of any of the surety’s duties mentioned in section 104; | | (b) | in relation to a bond mentioned in subsection (1)(b), the surety has, without reasonable excuse, failed to ensure that the relevant person keeps the peace; or | | (c) | in relation to a bond mentioned in subsection (1)(c), the surety has, without reasonable excuse, failed to ensure that the relevant person is of good behaviour, |
| (d) | must record the basis of such proof; and | | (e) | may, having regard to all the circumstances of the case —| (i) | forfeit the whole or any part of the amount of the bond, as far as it relates to the surety; and | | (ii) | order the surety to pay the amount forfeited. [14/2019] |
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| (4) The court may order that any sum or amount mentioned in subsection (2)(h) or (3)(e) be paid by instalments. [14/2019] |
| (5) If the court calls upon the relevant person to pay the sum mentioned in subsection (2)(h), or to explain why the relevant person should not pay that sum, section 107(3) to (9) applies to the relevant person as it applies to a relevant person as defined in section 107(10). [14/2019] |
| (6) If any amount forfeited under subsection (3)(e) is not paid in full, the court may recover the amount unpaid by issuing an order for the attachment of any property, movable or immovable, belonging to the surety. [14/2019] |
(7) The attachment of any property under subsection (6) may be carried out —| (a) | by seizure of the property, which may be sold and the proceeds applied towards the payment of the amount forfeited; or | | (b) | by appointing a receiver, who may take possession of and sell the property, and apply the proceeds towards the payment of the amount forfeited. [14/2019] |
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| (8) If immovable property attached under subsection (6) is sold, the officer under whose direction the attachment and sale was carried out may do any thing or act to transfer the title to the purchaser. [14/2019] |
| (9) If the amount forfeited under subsection (3)(e) is not paid in full or cannot be fully recovered by such attachment and sale, the court may commit to prison the surety for a term not exceeding 12 months. [14/2019] |
| (10) Any person may, not later than 7 days after the date any property is seized under subsection (7)(a) or taken possession of by the receiver under subsection (7)(b) (as the case may be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (6), and the court may make such order as it sees fit. [14/2019] |
| (11) Any unsatisfied part of the amount forfeited under subsection (3)(e) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such. [14/2019] |
| (12) The court may, on the application of a surety at any time after the surety is ordered to pay the amount forfeited under subsection (3)(e), reduce that amount and enforce part‑payment only. [14/2019] |
(13) In this section, “relevant person” means —| (a) | the released person for whose appearance a bond mentioned in subsection (1)(a) is executed; | | (b) | the person bound by a bond mentioned in subsection (1)(b); or | | (c) | the person bound by a bond mentioned in subsection (1)(c). [14/2019] |
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| 108. Every order made under section 107 or 107A by any Magistrate’s Court or District Court is appealable. [19/2018] |
| Power to direct levy of amount due on bond |
| 109. The General Division of the High Court or a District Court may direct any Magistrate’s Court to exercise the court’s power of forfeiture under section 107 or 107A in respect of a bond to appear before the General Division of the High Court or District Court. [19/2018; 40/2019] |
Division 6 — Notice to attend court and bonds
to appear in court |
110.—(1) Where a police officer of or above the rank of inspector has reasonable grounds for believing that a person has committed an offence, the police officer may immediately serve upon the person a prescribed notice, requiring that person to attend at the court described, and at the time and on the date specified in the notice.| (2) A duplicate of the notice must be prepared by the police officer issuing the notice and, if so required by a court, produced to the court. |
| (3) The notice may be served on the person alleged to have committed the offence in the same manner as the service of a summons under section 116. |
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| Bond for appearance of complainant and witnesses |
111.—(1) If, during or after an investigation under Part 4, a police officer is of the opinion that there is sufficient evidence to justify starting or continuing criminal proceedings for an arrestable offence against a person, the police officer may require any complainant and any or all other persons who may be familiar with the case, to execute a bond to appear before a court and give evidence in the case against the accused.| (2) After the bond has been executed, the police officer must send it to the court. |
| (3) If the complainant or other person refuses to execute the bond, the police officer must report the matter to the court, and the court may then issue a warrant or summons to secure the attendance of the complainant or person before itself to give evidence in the case against the accused. |
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Division 7 — Surrender of travel document and requirement
to remain in Singapore |
| Surrender of travel document |
112.—(1) Despite any other written law —| (a) | a police officer of or above the rank of sergeant, with the written consent of an authorised officer; | | (b) | the head or an authorised director of any other law enforcement agency or a person of a similar rank; or | | (c) | any officer of a prescribed law enforcement agency, with the written consent of the head or an authorised director of that law enforcement agency or a person of a similar rank, |
| may require a person whom he or she has reasonable grounds for believing has committed any offence to surrender the person’s travel document. |
[19/2018] | (2) Any person who fails to surrender his or her travel document as required under subsection (1) may be arrested and taken before a Magistrate. |
| (3) If the person arrested and taken before the Magistrate under subsection (2) is unable to show good reasons for not surrendering his or her travel document, the Magistrate may commit him or her to prison until he or she surrenders his or her travel document. |
| (4) For the purposes of subsection (3), a certificate signed by an authorised officer, or the head or an authorised director of any law enforcement agency or a person of a similar rank, or the head or an authorised director of any prescribed law enforcement agency or a person of a similar rank (as the case may be) to the effect that the prisoner has complied with the requirements to surrender his or her travel document is sufficient warrant for the Commissioner of Prisons to release the prisoner. [1/2014; 19/2018] |
(4A) Any person who has surrendered that person’s travel document under this section must not leave, or attempt to leave, Singapore unless —| (a) | that person has applied under section 113 for the return of that travel document; and | | (b) | that travel document is returned to that person. [19/2018] |
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| (4B) Any person who knowingly contravenes subsection (4A) shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both. [19/2018] |
(5) In this section and section 113 —| “authorised director”, in relation to a law enforcement agency, means a director of that law enforcement agency who is authorised to perform the duties, and exercise the powers, under this section and section 113 of the head of that law enforcement agency; |
| “authorised officer” means a police officer of or above the rank of Deputy Superintendent of Police who is authorised by the Commissioner of Police to give a written consent mentioned in subsection (1)(a); |
| “prescribed law enforcement agency” means a law enforcement agency prescribed for the purposes of subsection (1)(c) by the Minister charged with the responsibility for that law enforcement agency. [19/2018] |
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| Return of travel document |
| 113.—(1) A person who has surrendered his or her travel document under section 112 may apply to the authorised officer, or the head or an authorised director of the law enforcement agency or a person of similar rank, or the head or an authorised director of the prescribed law enforcement agency or a person of a similar rank (as the case may be) for the return of the travel document. [19/2018] | (2) Where an application under subsection (1) has been refused, the person may apply to a District Judge for the return of his or her travel document, stating the reasons for the application. |
(3) The District Judge may —| (a) | grant the application subject to such conditions as to the further surrender of the travel document and the provision of security for the appearance of the applicant at such time and place in Singapore as the District Judge may determine; or | | (b) | refuse the application. |
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| (4) If the applicant fails to comply with any condition of the return of the travel document, any security provided for the return may be forfeited by a Magistrate and the applicant may be arrested and dealt with in the same way that a person who fails to comply with the requirement under section 112(1) may be arrested and dealt with under section 112(2) and (3). |
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| Where person acquainted with facts of investigation intends to leave Singapore |
114.—(1) Where a court is satisfied that any person who is acquainted with the subject matter of any investigation carried out under this Code intends to leave Singapore, the court may, having due regard to the circumstances of the person and on the application of the Public Prosecutor, by order require the person to remain in Singapore for such period as the court considers reasonable to facilitate the investigation.| (2) The court may order due provision to be made for the maintenance of such person and for compensating him or her for his or her loss of time. |
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| Division 8 — Summons to appear in court |
| Form and validity of summons, etc. |
| 115.—(1) A summons to appear 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) The summons remains in force until cancelled by the court or until the person summoned is discharged from it by a court. |
| (3) The summons may be served by a police officer or by an officer of the court or any other person directed by the court. |
| (4) If the summons is in connection with an offence under any written law enforceable by a public body, the summons may be served by an officer of that public body. |
| (5) When a summons cannot be served soon enough to give reasonable notice to the person summoned to appear before the court on the date stated in the summons, the court may in writing substitute some other later date. |
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116.—(1) A summons issued against a person must, as far as is reasonably practicable, be served in accordance with the mode of service mentioned in section 3(1)(a).| (2) A summons issued against a body corporate or a limited liability partnership must, as far as is reasonably practicable, be served in accordance with the mode of service mentioned in section 3(1)(g)(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the body corporate or limited liability partnership at the registered office or principal place of business of the body corporate or limited liability partnership. |
| (3) A summons issued against a partnership other than a limited liability partnership must, as far as is reasonably practicable, be served in accordance with the mode of service mentioned in section 3(1)(h)(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the partnership at the registered office or principal place of business of the partnership. |
| (4) A summons issued against an unincorporated association must, as far as is reasonably practicable, be served in accordance with the mode of service mentioned in section 3(1)(i)(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the unincorporated association at the address of the unincorporated association. |
(5) Despite subsections (1) to (4), a summons may be served in any manner mentioned in section 3(1) if any of the following persons (as the case may be) consents to such mode of service:| (a) | the person on whom the summons is to be served; | | (b) | the director, manager or secretary or other similar officer of a body corporate or limited liability partnership on whom the summons is to be served; | | (c) | any of the partners or the secretary or other similar officer of a partnership (other than a limited liability partnership) on whom the summons is to be served; | | (d) | the president, the secretary or any member of the committee of an unincorporated association (or any person holding a position analogous to that of the president, secretary or member of the committee) on whom the summons is to be served. |
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| (6) Where a summons is issued against a person who cannot, by the exercise of due diligence, be found, the summons may be served by leaving a copy thereof for him or her with some adult member of his or her family or with his or her employee residing with him or her. |
| (7) Where a summons is issued against a person who cannot, by the exercise of due diligence, be found, and the summons cannot be effected in accordance with subsection (6), the serving officer must affix a copy of the summons to some conspicuous part of the place in which the person summoned ordinarily resides, and in such a case, the summons, if the court so directs before or after such affixing, is deemed to have been duly served. |
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| Proceedings against body corporate, limited liability partnership, etc. |
117.—(1) If a body corporate, limited liability partnership, partnership or unincorporated association is charged with an offence, either alone or jointly with some other person, a representative may appear for the body corporate, limited liability partnership, partnership or unincorporated association, as the case may be.| (2) The representative may do anything on behalf of the body corporate, limited liability partnership, partnership or unincorporated association (as the case may be) that an accused may do on the accused’s own behalf under this Code. |
| (3) A proceeding is not considered invalid only because an accused body corporate, limited liability partnership, partnership or unincorporated association has failed to appear or because its non‑appearance results in something not being done that this Code directs should be done. |
| (4) Any failure on the part of a body corporate, limited liability partnership, partnership or unincorporated association to comply with the legal formalities relating to the appointment of a representative does not affect the validity of the court proceedings. |
| (4A) Subsections (3) and (4) do not apply to any proceeding under Part 7A. [19/2018] |
| (5) In this section, “representative”, in relation to a body corporate, limited liability partnership, partnership or unincorporated association, means a person duly appointed by the body corporate, limited liability partnership, partnership or unincorporated association (as the case may be) to represent it at the court proceedings. |
(6) A representative for the purposes of this section may be appointed by a written statement which is to be signed —| (a) | in the case of a body corporate or limited liability partnership, by a director, manager or secretary or other similar officer of the body corporate or limited liability partnership; | | (b) | in the case of a partnership, by any of the partners or the secretary or other similar officer of the partnership; or | | (c) | in the case of an unincorporated association, by the president, the secretary or any member of the committee of the unincorporated association (or any person holding a position analogous to that of the president, secretary or member of the committee), |
| and such written statement is, for the purposes of this section, admissible without further proof as prima facie evidence that the person has been duly appointed as representative. |
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| Service for fine-only offence |
| 118. Despite section 116, a summons for a fine-only offence may be served by sending a copy of the summons by registered post to the last known address of the person to be summoned. [19/2018] |
| 119. When a summons issued by a court is served, an affidavit of such service is admissible as evidence if the affidavit is on its face made before a person authorised to administer an oath or affirmation. |
| Issue of warrant instead of or in addition to summons |
120. A court in any case in which it is empowered to issue a summons for the appearance of a person may, after recording its reasons in writing, issue a warrant for the person’s arrest if —| (a) | before or after the issue of the summons but before the time fixed for the person’s appearance, the court has reason to believe that the person has absconded or will not obey the summons; or | | (b) | at such time fixed for the person’s appearance, the person fails to appear, and the summons is proved to have been duly served in time to enable the person to appear in accordance with it and no reasonable excuse is offered for such failure. |
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| Service of summons: reciprocal arrangements with Malaysia and Brunei Darussalam |
121.—(1) Where under the provisions of any law in force in Malaysia or Brunei Darussalam, a Magistrate or a Magistrate’s Court has issued a warrant or summons authorising the arrest of a person or requiring any person to appear before any court in Malaysia or Brunei Darussalam, and that person is or is believed to be in Singapore, a Magistrate in Singapore, if satisfied that the warrant or summons was duly issued in Malaysia or Brunei Darussalam, may endorse the warrant or summons, and the warrant or summons may then be executed or served (as the case may be) on that person as if it were a warrant or summons lawfully issued in Singapore under the provisions of this Code.| (2) Where under the provisions of any law in force in Malaysia or Brunei Darussalam corresponding to subsection (1), a warrant or summons issued by a Magistrate or a Magistrate’s Court in Singapore has been endorsed by a Magistrate in Malaysia or Brunei Darussalam and executed or served on the person named in the warrant or summons, the warrant or summons is for the purposes of this Code deemed to have been as validly executed or served as if the execution or service had been effected in Singapore. |
| (3) Where a warrant has been executed in Singapore pursuant to subsection (1), the person arrested must be produced as soon as possible before a Magistrate in Singapore, who must, if satisfied that the arrested person is the person specified in the warrant, direct that the arrested person be transferred forthwith in custody to the appropriate court in Malaysia or Brunei Darussalam; and any such person is while in such custody deemed for all purposes to be in lawful custody. |
| (4) Instead of transferring the arrested person in custody to the appropriate court in Malaysia or Brunei Darussalam under subsection (3), the Magistrate may, if the Magistrate is satisfied for reasons to be recorded by him or her that it is in the interests of justice to do so and if the case is one in which bail may lawfully be granted, release the person arrested on bail conditional on the arrested person’s appearing before the appropriate court in Malaysia or Brunei Darussalam at a time to be specified in the bond and bail bond. |
| (5) Where any person has been served with a summons pursuant to subsection (1), the person must attend at the appropriate court at the time specified in the summons, unless the person can satisfy the court that the person cannot reasonably do so. |
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| Detention of offender attending court |
122.—(1) A person attending court who is not under arrest or has not been served with a summons may be detained by the court for examination for any offence which the court may deal with, and which from the evidence the person appears to have committed.| (2) The court may proceed against the person as though the person had been arrested or summoned. |
| (3) When the court proceeds against a person under this section during the course of a trial, it must begin the proceeding against the person separately. [19/2018] |
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