PART 7
THE CHARGE
Form of charge
123.—(1)  Every charge under this Code must state the offence with which the accused is charged.
(2)  If the law that creates the offence gives it any specific name, the offence may be described in the charge by that name only.
(3)  If the law that creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which the accused is charged.
(4)  The provision of the law against which the offence is said to have been committed must be mentioned in the charge.
(5)  The fact that the charge is made is equivalent to a statement that the case fulfils every legal condition required by law to constitute the offence charged.
(6)  If the accused has been previously convicted of any offence and it is intended to prove that previous conviction for the purpose of affecting the punishment which the court is competent to award, the fact, date and place of the previous conviction must be stated in the charge; but if the statement is omitted, the court may add it at any time before sentence is passed.
Illustrations
(a)A is charged with the murder of B. This is equivalent to a statement that A’s act fell within the definition of murder in section 300 of the Penal Code 1871; that A did not come within any of the general exceptions in Chapter 4 of that Code; and that it did not fall within any of the Exceptions to section 300 or that, if it did fall within Exception 1, one or other of the 3 provisos to that Exception applied to it.
(b)A is charged under section 326 of the Penal Code 1871 with voluntarily causing grievous hurt to B by using an instrument for shooting. This is equivalent to a statement that section 335 of that Code and the general exceptions in Chapter 4 of that Code did not apply to it.
(c)A is accused of murder, cheating, theft, extortion, criminal intimidation or using a false property mark. The charge may state, without referring to the definitions of those offences in the Penal Code 1871, that A committed murder or cheating or theft or extortion or criminal intimidation or that A used a false property mark, but the charge must refer to the section under which each offence is punishable.
(d)A is charged under section 184 of the Penal Code 1871 with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.
(6A)  If the accused is subject to a remission order made under the Prisons Act 1933 and it is intended to prove the remission order for the purpose of affecting the punishment the court is competent to award, the charge must state —
(a)the fact of the remission order; and
(b)the remaining duration of the remission order on the date of the offence stated in the charge,
but if the statement is omitted, the court may add it at any time before sentence is passed.
[1/2014]
(7)  All charges upon which persons are tried before the General Division of the High Court must be —
(a)in accordance with the prescribed form;
(b)brought in the name of the Public Prosecutor; and
(c)signed by the Public Prosecutor or by some person authorised by the Public Prosecutor in that behalf and in the latter case, the words “By authority of the Public Prosecutor” must be prefixed to the signature.
[40/2019]
Details of time, place and person or thing
124.—(1)  The charge must contain details of the time and place of the alleged offence and the person (if any) against whom or the thing (if any) in respect of which it was committed, as are reasonably sufficient to give the accused notice of what the accused is charged with.
(2)  Despite subsection (1), where the accused is charged with any offence mentioned in subsection (3) —
(a)it is sufficient for the charge —
(i)to specify the gross sum in respect of which the offence is alleged to have been committed without specifying particular items; and
(ii)to specify the dates between which the offence is alleged to have been committed (being a period that does not exceed 12 months) without specifying exact dates; and
(b)the charge so framed is deemed to be a charge of one offence.
[19/2018]
(3)  For the purposes of subsection (2), the offences are as follows:
(a)any offence under section 403, 404, 406, 407, 408, 409, 411, 412, 413 or 414 of the Penal Code 1871;
(b)any offence under section 50, 51, 53, 54 or 55A of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;
(c)any other offence (being an offence involving property) that is prescribed.
[19/2018]
[Act 15 of 2023 wef 08/02/2024]
(4)  Despite subsections (1) and (2) and section 132, where 2 or more incidents of the commission of the same offence by the accused are alleged, and those alleged incidents taken together amount to a course of conduct (having regard to the time, place or purpose of each alleged incident) —
(a)it is sufficient to frame one charge for all of those alleged incidents, if all of the following conditions are satisfied:
(i)the charge —
(A)contains a statement that the charge is amalgamated under this subsection;
(B)either —
(BA)specifies the number of separate incidents of the commission of that offence that are alleged, without specifying each particular alleged incident; or
(BB)if the causing of a particular outcome is an element of that offence, contains details of the aggregate outcome caused by all of those alleged incidents, without specifying the particular outcome caused by each particular alleged incident;
(C)contains a statement that all of those alleged incidents taken together amount to a course of conduct; and
(D)specifies the dates between which all of those incidents are alleged to have occurred, without specifying the exact date for each particular alleged incident;
(ii)if a separate charge had been framed in respect of each of those incidents, the maximum punishment for the offence specified in each separate charge would be the same maximum punishment;
(iii)the charge so framed does not specify any offence punishable with death; and
(b)the charge so framed is deemed to be a charge of one offence.
Illustrations
(a)A is charged under section 465 of the Penal Code 1871 with committing forgery by making a false document. By virtue of section 463 of that Code, A’s conduct in making the false document is conduct that is an element of the offence that A is charged with.
(b)A is charged under section 325 of the Penal Code 1871 with voluntarily causing grievous hurt to B. A’s conduct in causing grievous hurt to B is conduct that is an element of the offence that A is charged with.
(c)A is charged under section 426 of the Penal Code 1871 with committing mischief by setting fire to a dustbin, and thereby causing the destruction of the dustbin. By virtue of section 425 of that Code, the destruction of the dustbin is an outcome (caused by A’s conduct of setting fire to the dustbin) that is an element of the offence that A is charged with.
(d)A is charged under section 417 of the Penal Code 1871 with cheating B by deceiving B, and thereby intentionally inducing B to do a thing which B would not do if B were not so deceived. By virtue of section 415 of that Code, the thing that B is induced to do is an outcome (caused by A’s conduct of deceiving B) that is an element of the offence that A is charged with.
[19/2018]
(5)  For the purposes of subsection (4), 2 or more alleged incidents of the commission of an offence, taken together, may amount to a course of conduct, if one or more of the following circumstances exist:
(a)where the offence is one that has an identifiable victim, the victim in each alleged incident is the same person or belongs to the same class of persons;
(b)all of the alleged incidents involve the employment of the same method or similar methods;
(c)all of the alleged incidents occurred in the same place, in similar places, or in places that are located near to each other;
(d)all of the alleged incidents occurred within a defined period that does not exceed 12 months.
[19/2018]
(6)  To avoid doubt, subsection (5) does not contain an exhaustive list of the circumstances where 2 or more alleged incidents of the commission of an offence, taken together, may amount to a course of conduct.
[19/2018]
(7)  Subsection (4) ceases to apply to 2 or more alleged incidents of the commission of the same offence by the accused, if the accused indicates that the accused intends to rely on a different defence in relation to each of those alleged incidents.
[19/2018]
(8)  Subject to subsection (7), where a charge is framed under subsection (2) or (4), and a person is convicted of the offence specified in that charge —
(a)the court may sentence that person —
(i)in any case where the charge is framed under subsection (2) — to 2 times the amount of punishment to which that person would otherwise have been liable for that offence; or
(ii)in any case where the charge is framed under subsection (4) — to 2 times the amount of punishment to which that person would otherwise have been liable if that person had been charged with and convicted of any one of the incidents of commission of the offence mentioned in that subsection; but
(b)any sentence of caning imposed by the court in respect of that offence must not exceed the specified limit in section 328.
[19/2018]
(9)  Despite anything to the contrary in this Code, where a Magistrate’s Court or District Court would (apart from this section) have jurisdiction and power to try a particular type of offence, and a charge specifying an offence of that type is framed under subsection (2) or (4) — the Magistrate’s Court or District Court (as the case may be) —
(a)has jurisdiction to hear and determine all proceedings for the offence specified in that charge; and
(b)has power to award the full punishment provided under subsection (8) in respect of the offence specified in that charge.
[19/2018]
(10)  Subsections (8) and (9) do not apply to a charge framed under subsection (2) or (4) in respect of any act or omission that took place before 31 October 2018.
[19/2018]
When manner of committing offence must be stated
125.  If the particulars mentioned in sections 123 and 124 do not give the accused sufficient notice of what the accused is charged with, then the charge must also give details of how the alleged offence was committed as will be sufficient for that purpose.
Illustrations
(a)A is accused of theft of a certain article at a certain time and place. The charge need not state how the theft was effected.
(b)A is accused of cheating B at a given time and place. The charge must state how A cheated B.
(c)A is accused of giving false evidence at a given time and place. The charge must state that portion of A’s evidence that is alleged to be false.
(d)A is accused of obstructing B, a public servant, in the discharge of B’s public functions at a given time and place. The charge must state how A obstructed B in discharging B’s functions.
(e)A is accused of the murder of B at a given time and place. The charge need not state how A murdered B.
(f)A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must state the disobedience charged and the law broken.
Sense of words used in charge to describe offence
126.  In every charge, words used to describe an offence are deemed to have been used in the sense attached to them respectively by the law under which that offence is punishable.
Effect of errors
127.  No error in stating either the offence or the particulars that must be stated in the charge, and no omission to state the offence or those details is to be regarded at any stage of the case as material unless the accused was in fact misled by that error or omission.
Illustrations
(a)[Deleted by Act 15 of 2019]
(b)A is charged with cheating B. How A cheated B is not stated in the charge or is stated incorrectly. A defends himself or herself, calls witnesses and gives A’s own account of the transaction. The court may infer from this that omitting to state, or stating incorrectly, how B was cheated is not a material error.
(c)A is charged with cheating B. How A cheated B is not stated in the charge. There were many transactions between A and B and A had no means of knowing to which of them the charge referred and offered no defence. The court may infer from those facts that omitting to state how B was cheated was a material error.
(d)A was charged with murdering Tan Ah Teck on 5 June 1996 and Tan Ah Tuck, who tried to arrest A for that murder, on 6 June 1996. While charged with murdering Tan Ah Teck, A was tried for the murder of Tan Ah Tuck. The witnesses present in A’s defence were witnesses in the case of Tan Ah Teck. The court may infer from this that A was misled and that the error was material.
[15/2019]
Court may alter charge or frame new charge
128.—(1)  A court may alter a charge or frame a new charge, whether in substitution for or in addition to the existing charge, at any time before judgment is given.
(2)  A new or altered charge must be read and explained to the accused.
Trial after alteration of charge or framing of new charge
129.—(1)  If a charge is altered or a new charge framed under section 128, the court must immediately call on the accused to enter the accused’s plea and to state whether the accused is ready to be tried on this altered or new charge.
(2)  If the accused declares that the accused is not ready, the court must duly consider any reason the accused gives.
(3)  If the court thinks that proceeding immediately with the trial is unlikely to prejudice the accused’s defence or the prosecutor’s conduct of the case, then it may proceed with the trial.
(4)  If the court thinks otherwise, then it may direct a new trial or adjourn the trial for as long as necessary.
Stay of proceedings if altered or new charge requires Public Prosecutor’s consent
130.—(1)  If the offence stated in the altered or new charge is one that requires the Public Prosecutor’s consent under section 10(1), then the trial must not proceed before the consent is obtained, unless it has already been obtained for a prosecution on the same facts as those on which the altered or new charge is based.
(2)  If consent for the prosecution is or has been obtained, all evidence previously admitted by the court in the trial is deemed to have been admitted in evidence in the trial of the altered or new charge.
Recall of witnesses on trial of altered or new charge
131.  If a charge is altered or a new charge is framed by the court after the start of a trial, the prosecutor and the accused must, on application to the court by either party, be allowed to recall or re‑summon and examine any witness who may have been examined, with reference to the altered or newly framed charge only, unless the court thinks that the application is frivolous or vexatious or is meant to cause delay or to frustrate justice.
Separate charges for distinct offences
132.—(1)  For every distinct offence of which any person is accused, there must be a separate charge and, subject to subsection (2), every charge must be tried separately.
(2)  Subsection (1) does not apply —
(a)in the cases mentioned in sections 133 to 136, 138, 143, 144 and 145;
(b)to charges to which the accused pleads guilty; or
(c)to charges which the accused and the prosecutor consent to be taken into consideration under section 148.
Illustration
          A is accused of a theft on one occasion and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt. However, A does not need to be separately tried if A pleads guilty to both charges or if A pleads guilty to one charge and consents to the other charge being taken into consideration under section 148.
Joining of similar offences
133.  When a person is accused of 2 or more offences, the person may be charged with and tried at one trial for any number of those offences if the offences form or are a part of a series of offences of the same or a similar character.
Trial for more than one offence
134.  If, in one series of acts connected so as to form the same transaction, 2 or more offences are committed by the same person, then the person may be charged with and tried at one trial for every such offence.
Illustrations
          The separate charges referred to in illustrations (a) to (g) below respectively may be tried at one trial.
 
(a)A rescues B, a person in lawful custody, and in doing so causes grievous hurt to C, a constable in whose custody B was. A may be separately charged with offences under sections 225 and 333 of the Penal Code 1871.
 
(b)A has in A’s possession several seals that A knows to be counterfeit and intends to use them to commit forgeries punishable under section 466 of the Penal Code 1871. A may be separately charged with the possession of each seal under section 473 of the Penal Code 1871.
 
(c)Intending to cause injury to B, A begins a criminal proceeding against B knowing that there is no just or lawful basis for the proceeding; and also falsely accuses B of having committed an offence knowing there is no just or lawful basis for the charge. A may be separately charged with 2 offences under section 211 of the Penal Code 1871.
 
(d)Intending to cause injury to B, A falsely accuses B of having committed an offence knowing that there is no just or lawful basis for the charge. At the trial, A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. A may be separately charged with offences under sections 211 and 194 of the Penal Code 1871.
 
(e)A, with 6 others, commits the offences of rioting, causing grievous hurt and assaulting a public servant B trying to suppress the riot in the discharge of B’s duty. A may be separately charged with offences under sections 145, 325 and 152 of the Penal Code 1871.
 
(f)A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may be separately charged with each of the 3 offences under section 506 of the Penal Code 1871.
 
(g)A locks B and C in a room and then sets fire to that room, intending thereby to cause their deaths. A may be separately charged with each of the 2 offences under section 302 of the Penal Code 1871.
Trial of offences within 2 or more definitions
135.  If the alleged acts constitute an offence falling within 2 or more separate definitions of any law by which offences are defined or punished, then the person accused of them may be charged with and tried at one trial for each of those offences.
Illustrations
          The separate charges referred to in illustrations (a) to (d) below respectively may be tried at one trial.
 
(a)A wrongfully strikes B with a cane. A may be separately charged with offences under sections 352 and 323 of the Penal Code 1871.
 
(b)Several stolen sacks of rice are passed to A and B, who know they are stolen property, so they can conceal them. A and B then voluntarily help each other to conceal the sacks at the bottom of a grain‑pit. A and B may be separately charged with offences under sections 411 and 414 of the Penal Code 1871.
 
(c)A exposes A’s child with the knowledge that by doing so A is likely to cause its death. The child dies as a result. A may be separately charged with offences under sections 317 and 304 of the Penal Code 1871.
 
(d)A dishonestly uses a forged document as evidence to convict B, a public servant, of an offence under section 167 of the Penal Code 1871. A may be separately charged with offences under sections 471 (read with section 466) and 196 of the Penal Code 1871.
Acts forming one offence but when combined form different offence
136.  If several acts of which one or more than one would by itself or themselves constitute an offence but when combined constitute a different offence, the person accused of them may be charged with and tried at one trial for the offence constituted by those acts when combined or for any offence constituted by any one or more of those acts.
Illustration
          A robs B, and in doing so voluntarily hurts B. A may be separately charged with offences under sections 323, 392 and 394 of the Penal Code 1871 and A may be tried at one trial for those offences.
Sections 134, 135 and 136 not to affect section 308
137.  Nothing in section 134, 135 or 136 affects section 308.
If it is doubtful what offence has been committed
138.  If a single act or series of acts is such that it is doubtful which of several offences the provable facts will constitute, the accused may be charged with all or any of those offences and any number of the charges may be tried at once, or the accused may be charged in the alternative with any one of those offences.
Illustrations
(a)A is accused of an act that may amount to theft or receiving stolen property or criminal breach of trust or cheating. A may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or A may be charged with having committed theft or receiving stolen property or criminal breach of trust or cheating.
(b)A states on oath before the committing Magistrate that A saw B hit C with a club. Before the General Division of the High Court, A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence although it cannot be proved which of these contradictory statements was false.
[40/2019]
When person charged with one offence can be convicted of another
139.  If in the case mentioned in section 138 the accused is charged with one offence and it appears in evidence that the accused committed a different offence for which the accused might have been charged under that section, the accused may be convicted of the offence that the accused is shown to have committed although the accused was not charged with it.
Illustration
          A is charged with theft. In evidence it appears that A committed the offence of criminal breach of trust or of receiving stolen goods. A may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be), although A was not charged with that offence.
Conviction of attempt or abetment
140.  When the accused is charged with an offence, the accused may be convicted of having attempted to commit it or of having abetted its commission, although neither the attempt nor the abetment is separately charged.
When offence proved is lesser offence
141.—(1)  If the charge against a person in respect of any offence consists of several particulars, a combination of only some of which forms a complete lesser offence, and the combination is proved but the remaining particulars are not proved, the person may be convicted of the lesser offence although the person was not charged with it.
(2)  When a person is charged with an offence and facts are proved which reduce it to a lesser offence, the person may be convicted of the lesser offence although the person is not charged with it.
Illustrations
(a)A is charged under section 407 of the Penal Code 1871 with criminal breach of trust in respect of property entrusted to A as a carrier. It appears that A did commit criminal breach of trust under section 406 of the Penal Code 1871 in respect of the property, but that it was not entrusted to A as a carrier. A may be convicted of criminal breach of trust under section 406 of the Penal Code 1871.
(b)A is charged under section 325 of the Penal Code 1871 with causing grievous hurt. A proves that A acted on grave and sudden provocation. A may be convicted under section 335 of the Penal Code 1871.
Where court finds offence mentioned in section 10 proved
142.  Where the court makes a finding under section 139 or 141 that any offence mentioned in section 10(1) has been proved, the court may only pronounce a conviction if the consent of the Public Prosecutor is obtained.
Persons who may be charged and tried jointly
143.  The following persons may be charged and tried together or separately:
(a)persons accused of the same offence committed in the same transaction;
(b)persons accused of different offences committed in the same transaction;
(c)persons accused of 2 or more offences which form or are a part of a series of offences of the same or a similar character;
(d)a person accused of an offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating, and another person accused of receiving or retaining or assisting in the disposal or concealment of the subject matter of that offence;
(e)persons accused of offences under sections 411 and 414 of the Penal Code 1871, or either of those sections, in respect of the same stolen property, the possession of which has been transferred as a result of the original offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating;
(f)a person accused of any offence under Chapter 18 of the Penal Code 1871 relating to a counterfeit currency, and a person accused of any other offence under that Chapter relating to the same currency;
(g)a person accused of committing an offence and a person accused of abetment of or attempt to commit that offence.
Illustrations
(a)A and B are accused of the same murder. A and B may be charged and tried together for the murder.
(b)A and B are accused of a robbery during which A commits a murder with which B has nothing to do. A and B may be tried together, where both will be tried for robbery and A tried also for the murder.
(c)A and B are both charged with a theft and B is charged with 2 other thefts B committed during the same transaction. A and B may both be tried together, where both will be tried for the one theft and B alone for the 2 other thefts.
(d)A commits theft of a computer. B, knowing that the computer was stolen, receives it from A. B then passes it to C who, knowing that the computer was stolen, disposes of it. A, B and C may all be tried together.
(e)A and B are accused of giving false evidence in the same proceedings. They should be charged and tried separately.
[15/2019]
Joint trials for connected offences
144.  Despite section 143, persons accused of different offences, whether under the same written law or under different written laws, may be charged separately and tried together, if either or both of the following apply:
(a)those offences arise from the same series of acts, whether or not those acts form the same transaction;
(b)there is any agreement between those persons for each person to engage in conduct from which arises the offence that person is charged with.
Illustrations
(a)A agrees to let B keep B’s benefits of drug trafficking in A’s bank account to avoid detection. A and B may be separately charged and tried together for offences under sections 50(1)(a) and 53(1)(a) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, respectively, as the offences arise from the same series of acts.
(b)A sells 10 grams of diamorphine to B. Out of the 10 grams of diamorphine, B sells 5 grams to C. A, B and C may be separately charged and tried together for offences under section 5(1)(a) of the Misuse of Drugs Act 1973 as the offences arise from the same series of acts.
(c)A has in A’s possession a secret official code word which has been entrusted in confidence to A by a person holding office under the Government and fails to take reasonable care of the secrecy of the information. As a result of A’s failure, B comes into possession of the secret official code word and retains it for a purpose prejudicial to the safety of Singapore when B has no right to retain it. A and B may be separately charged and tried together for offences under sections 5(1)(i) and 6(2)(a) of the Official Secrets Act 1935, respectively, as the offences arise from the same series of acts.
(d)A gives B a gratification as an inducement for awarding a contract by B’s company to A. A and B may be separately charged and tried together for offences under section 6(b) and (a), respectively, of the Prevention of Corruption Act 1960 as the offences arise from the same series of acts.
(e)Members of opposing factions in an unlawful assembly or a riot may be separately charged and tried jointly as the offence of unlawful assembly or rioting arises from the same series of acts.
(f)A, B and C are present when officers from the Corrupt Practices Investigation Bureau conduct a search of certain premises during an investigation into an offence under the Prevention of Corruption Act 1960. A states to the officers that there is no evidence of the offence in those premises, when A knows the statement is false. B overhears A’s statement and, knowing A’s statement is false, tells C to repeat the same false account to the officers. A and B are charged separately with an offence under section 28(b) of the Prevention of Corruption Act 1960 and an offence under section 204A of the Penal Code 1871, respectively. A and B may be tried together for those offences, as those offences arise from the same series of acts.
(g)A, B and C enter into an agreement for A to traffic in a controlled drug, B to manage a brothel and C to import uncustomed goods, with the profits from these activities to be shared among them. A, B and C are charged separately for an offence under section 5(1)(a) of the Misuse of Drugs Act 1973, an offence under section 148(1) of the Women’s Charter 1961 and an offence under section 128F of the Customs Act 1960, respectively. A, B and C may be tried together for those offences, as there was an agreement between those persons for each person to engage in conduct from which arose the offence that person is charged with.
[19/2018]
Joint trials with consent
145.—(1)  A court may try offences together at one trial or order a joint trial even though it cannot do so by virtue of section 133, 134, 135, 136, 138, 143 or 144, if —
(a)in a case where an accused is charged with 2 or more offences, the Public Prosecutor and the accused consent to have all such offences tried together; or
(b)in a case where 2 or more persons are charged with separate offences, the Public Prosecutor and all such persons consent to a joint trial.
(2)  Despite subsection (1), the court must not try offences together or order a joint trial in relation to a person who had earlier given consent under that subsection if —
(a)at the time when the consent is given, the person is not represented by an advocate; and
(b)at the time of the trial, that person objects to the court trying the offences together or to the joint trial.
Separate trial when accused is prejudiced
146.  Despite any other provision in this Code, where before a trial or at any stage of a trial, a court is of the view that an accused may be prejudiced or embarrassed in the accused’s defence because —
(a)the accused is charged with and tried at one trial for more than one offence under section 133, 134, 135, 136 or 145(1)(a); or
(b)the accused is charged with and tried at one trial with one or more other co‑accused under section 143, 144 or 145(1)(b),
the court may order that the accused be charged and tried separately for any one or more of the offences.
Withdrawal of remaining charges on conviction on one of several charges
147.—(1)  Where 2 or more charges are made against the same person and the person has been convicted on one or more of them, the prosecution may, with the consent of the court, withdraw the remaining charge or any of the remaining charges.
(2)  The withdrawal has the effect of an acquittal on the remaining charge or charges withdrawn unless the conviction is set aside.
(3)  Where a conviction is set aside under subsection (2), and subject to any order of the court setting aside the conviction, the court may proceed with the trial of the charge or charges previously withdrawn.
Outstanding offences
148.—(1)  If the accused is found guilty of an offence in any criminal proceedings begun by or on behalf of the Public Prosecutor, the court in determining and passing sentence may, with the consent of the prosecution and the accused, take into consideration any other outstanding offences that the accused admits to have committed.
(2)  If the outstanding offences mentioned in subsection (1) were not begun by or on behalf of the Public Prosecutor, the court must first be satisfied that the person or authority by whom those proceedings were begun consents to that course of action.
(3)  The General Division of the High Court may, under subsection (1), take into consideration any outstanding offences an accused admits to have committed when passing sentence, even though no transmission proceedings under Division 5 of Part 10 have been held in respect of those outstanding offences.
[19/2018; 40/2019]
(4)  When consent is given under subsection (1) or (2) and any outstanding offences are taken into consideration in determining and passing sentence, such fact must be entered in the court’s record.
(5)  After being sentenced, the accused may not, unless the accused’s conviction for the original offence under subsection (1) is set aside, be charged or tried for any offence that the court had taken into consideration under this section.
Death of accused
149.  Every charge or criminal proceeding abates on the death of the accused, and the court must so order if it is satisfied that the accused is dead.