Criminal Procedure Code 2010 - Singapore Statutes Online

PART 8

INITIATION OF CRIMINAL PROCEEDINGS AND
COMPLAINT TO MAGISTRATE

Initiation of criminal proceedings

150. Criminal proceedings against any person may be initiated pursuant to an arrest, a summons, an arrest warrant, a notice to attend court or any other mode for compelling the attendance of a person in court which is provided for under this Code or any other written law, as the case may be.

Examination of complaint

151.—(1) Any person may make a complaint to a Magistrate.

(2) On receiving a complaint by a person who is not a police officer nor an officer from a law enforcement agency nor a person acting with the authority of a public body, the Magistrate —

(a)

must immediately examine the complainant on oath and the substance of the examination must be reduced to writing and must be signed by the complainant and by the Magistrate; and

(b)

may, after examining the complainant —

(i)	for the purpose of inquiring into the case himself or herself, issue a summons to compel the attendance before him or her of any person who may be able to help him or her determine whether there is sufficient ground for proceeding with the complaint;
(ii)	direct any police officer to make inquiries for the purpose of ascertaining the truth or falsehood of the complaint and report to the Magistrate the result of those inquiries;
(iii)	proceed in accordance with section 15 of the Community Mediation Centres Act 1997; or
(iv)	postpone consideration of the matter to enable the complainant and the person complained against to try to resolve the complaint amicably.

Dismissal of complaint

152.—(1) After examining the complainant under section 151(2)(a), and making any inquiry under section 151(2)(b)(i) or considering the result of any inquiry under section 151(2)(b)(ii), the Magistrate may dismiss the complaint if he or she decides that there is insufficient reason to proceed.

(2) Where in relation to any complaint, the Magistrate or a police officer has referred any case for mediation under section 15 of the Community Mediation Centres Act 1997 or under section 16(1)(c), respectively, and the complainant has failed or refused to attend the mediation session, the Magistrate may dismiss the complaint if the complainant does not provide reasonable grounds for the failure or refusal.

(3) If the Magistrate dismisses the complaint, he or she must record his or her reasons.

Issue of summons or warrant

153.—(1) A Magistrate must issue a summons for the attendance of an accused if —

(a)	the Magistrate finds sufficient reason to proceed with a complaint made by a person who is not a police officer nor an officer from a law enforcement agency nor a person acting with the authority of a public body;
(b)	the Magistrate finds sufficient reason to proceed with a complaint made by a police officer, an officer from a law enforcement agency or a person acting with the authority of a public body, and the complaint is written and signed by that officer or person;
(c)	the Magistrate knows or suspects that an offence has been committed; or
(d)	the accused is brought before the court in custody without process and is accused of having committed an offence which the court has jurisdiction to inquire into or try,

and the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a summons.

(2) In determining whether there is sufficient reason to proceed under subsection (1)(a), the Magistrate must take into account whether the accused has failed or refused to attend any mediation session when the Magistrate has proceeded in accordance with section 15 of the Community Mediation Centres Act 1997 or when a police officer has referred the case to a mediator for mediation under section 16(1)(c), and if so, whether the accused had any reasonable grounds for the failure or refusal.

(3) If the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a warrant, the Magistrate may do so or, if he or she thinks fit, issue a summons causing the accused to be brought or to appear at a certain time before a Magistrate’s Court.

(4) If the accused fails or refuses to attend any mediation session without providing reasonable grounds for such failure or refusal, the Magistrate may take the failure or refusal into consideration when issuing any further order or direction as the Magistrate deems fit, or when sentencing the accused.

(5) This section does not affect section 120.

Personal attendance of accused may be dispensed with

154.—(1) A Magistrate issuing a summons may dispense with the personal attendance of the accused and permit the accused to appear by an advocate.

(2) In any case relating to an offence punishable by fine only or by imprisonment for 12 months or less, or both, and in which a Magistrate has issued a summons, an accused who wishes to plead guilty and be convicted and sentenced in the accused’s absence may —

(a)	appear by an advocate; or
(b)	by letter plead guilty and agree to pay any fine that may be imposed for that offence.

(3) In the case where the accused pleads guilty by letter, the court may record a plea of guilty, convict the accused according to law, and sentence the accused to a fine with or without a sentence of imprisonment if the accused fails to pay the fine.

(4) If the accused pleads guilty by letter, the accused must state in the letter a postal address.

(5) Despite section 3, the court must then send, by registered post using the particulars stated under subsection (4), a letter informing the accused of the sentence imposed.

(6) The accused must pay the fine within 7 days from the date on which the court’s letter was posted or transmitted.

(7) The court inquiring into or trying the case may at any stage of the proceeding direct the accused to attend in person, and if necessary may enforce the accused’s attendance in the way set out in section 153.

(8) If the court intends to impose a sentence of imprisonment without the option of a fine, it must require the accused to attend in person.

(9) If the accused wishes to withdraw his or her plea of guilty and claim trial when the accused appears pursuant to subsection (8), then the court must, despite any order of conviction made in the accused’s absence, permit the accused to withdraw his or her plea and then hear and determine the case, and if the court convicts the accused, pass sentence according to law.

(10) Nothing in this section affects the powers of the court conferred by section 156.

Absence of complainant in proceedings instituted on complaint

155. In a private prosecution commenced pursuant to a complaint under section 151 for an offence which is compoundable under section 241, the court may at any time before calling upon the accused to enter upon the accused’s defence, discharge the accused if the complainant is absent.

Absence of accused

156.—(1) The following apply where an accused does not appear at the time and place mentioned in the summons or notice to attend court:

(a)

the court may proceed in the absence of the accused to hear and determine the complaint if —

(i)

the court is satisfied on oath that —

(A)	the summons or notice was duly served on the accused at least 7 days (or such shorter period as the court may consider reasonable in a particular case) before the time appointed in the summons or notice for appearing; and
(B)	the accused was notified, when the summons or notice was served on the accused, that the court may hear and determine the complaint in the absence of the accused, if the accused fails to appear at the time and place mentioned in the summons or notice; and

(ii)

no sufficient ground is shown for an adjournment;

[Act 25 of 2021 wef 01/04/2022]

(b)

unless the court proceeds in the absence of the accused under paragraph (a) to hear and determine the complaint, the court must postpone the hearing to a future day.

[19/2018]

[Act 25 of 2021 wef 01/04/2022]

(2) Where the court has proceeded in the absence of the accused under subsection (1)(a) to hear and determine the complaint, the accused may apply to the court to declare the proceedings in the absence of the accused to be void.

[19/2018]

[Act 25 of 2021 wef 01/04/2022]

(3) The court can and must make a declaration that the proceedings in the absence of the accused are void only if the accused proves, on a balance of probabilities, that —

(a)

the accused was unaware of both of the following until after the proceedings in the absence of the accused began:

(i)	the summons or notice to attend court;
(ii)	the proceedings in the absence of the accused; and [Act 25 of 2021 wef 01/04/2022]

(b)

the accused made the application under subsection (2) within 21 days after the date on which the accused first knew of either of the following:

(i)	the summons or notice to attend court;
(ii)	the proceedings in the absence of the accused. [19/2018] [Act 25 of 2021 wef 01/04/2022]

(4) Subsections (2) and (3) do not apply to an accused body corporate, limited liability partnership, partnership or unincorporated association that —

(a)	does not appear at the time and place mentioned in the summons or notice to attend court; or
(b)	fails to comply with the legal formalities relating to the appointment of a representative who purports to appear for the accused body corporate, limited liability partnership, partnership or unincorporated association at the time and place mentioned in the summons or notice to attend court. [19/2018]

(5) The accused is not discharged by a declaration made under subsection (3).

[19/2018]

(6) Subsections (2) and (3) do not affect any right to appeal against any decision made by the court in the proceedings in the absence of the accused.

[19/2018]

[Act 25 of 2021 wef 01/04/2022]

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