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as at 28 Apr 2024
as at 28 Apr 2024
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...Division 1 - Arrest without warrant...
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...Division 2 - Arrest with warrant...
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Notification of content of warrant
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.
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Setting aside search warrant
A court issuing a search warrant may suspend or cancel the warrant if there are good reasons to do so.
Where a search warrant is suspended or cancelled, the court must as soon as is reasonably practicable, inform the person or persons to whom the search warrant is issued of the suspension or cancellation.
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Arrest of person subject to warrant
A person subject to an arrest warrant may be arrested by a person authorised to execute the warrant or by a police officer.
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...Division 3 - General provisions for arrests with or without warrant...
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Assisting person other than police officer to execute warrant
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.
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Execution of search warrant
The person granted a search warrant must conduct the search in accordance with the warrant and with this Code.
Entry and search under a search warrant must be conducted during such period of time as may be specified in the warrant.
If the occupier of a place to be entered and searched is present when the person granted the search warrant seeks to execute it, the person granted the warrant must —
identify himself or herself to the occupier and —
if he or she is a police officer, show the occupier documentary evidence that he or she is such a police officer; or
if he or she is not a police officer, show the occupier his or her original identity card or travel document as proof of his or her identity;
show the occupier the warrant; and
if requested, give the occupier a copy of the warrant.
If the occupier is not present when the person granted the search warrant seeks to execute it, but some other person who appears to be in charge of the place is present, then subsection (3) applies to that other person as if that other person were the occupier.
If a search warrant is issued by a court under section 26(3), the person issued the warrant must, after duly executing the warrant, report that fact to the court and submit the list prepared under section 37(1).
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Court may endorse on warrant security to be taken
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.
The endorsement must state —
the number of sureties; and
the amount that the sureties and the person subject to the arrest warrant are respectively bound.
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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Return of warrant of execution
Where a death sentence has been carried out pursuant to a warrant issued under section 313( i ), the Commissioner of Prisons who carried out the sentence must return the warrant to the court which issued it with an endorsement signed by the Commissioner, certifying that the sentence has been carried out.
1/2014
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Duty of officer to whom order or warrant is addressed
The officer to whom any order for review of detention or warrant is addressed under this Division or under section 98 or 282 must act in accordance with it and must provide for the safe custody of the prisoner during the prisoner's absence from prison for the purpose mentioned in the order or warrant.
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When search warrant issued to person other than police officer
The court must specify the following conditions in every search warrant issued under section 26(3):
a list or description of the documents or things, or class of documents or things, that the person executing the search warrant may seize pursuant to the search;
whether section 31(2) applies, and if so, the extent of its application;
the amount of bond that the person executing the warrant must sign to ensure that the warrant is properly executed and the peace is kept.
The court may, in addition to the conditions in subsection (1), specify in any search warrant issued under section 26(3) such conditions as it deems necessary for the proper execution of the warrant and the prevention of any breach of the peace.
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... column. In the case of many offences punishable by fine the maximum fine is limited by the Penal Code 1871; such offences are in the sixth column marked* .
The entries in the third column of this Schedule are not intended in any way to restrict the powers of arrest without warrant which may be...
... without warrant or not Whether a warrant or a summons shall ordinarily issue in the first instance Whether bailable of right or not Maximum punishment under the Penal Code 1871 By what court triable besides the General Division of High Court CHAPTER 3 — PUNISHMENTS 73 Enhanced penalties for offences alleged to have been committed against domestic workers May arrest without warrant Warrant According as to whether the offence alleged to have been committed... ... May arrest without warrant Warrant According as to whether the offence alleged to have been committed against or in relation to the person is bailable or not Up to twice the punishment provided for the offence Magistrate's Court or District Court 74B Enhanced penalties for offences alleged to have been committed against child below 14 years of age May arrest without warrant Warrant According as to whether the offence alleged to have been committed against or in relation to... ... where no express provision is made for its punishment May arrest without warrant, if arrest for the offence abetted may be made without warrant but not otherwise According as to whether a warrant or summons may issue for the offence abetted According as to whether the... ... abettor May arrest without warrant, if arrest for the offence abetted may be made without warrant but not otherwise According as to whether a warrant or summons may issue for the offence abetted According as to whether the offence abetted is bailable or not The same punishment as for the offence abetted The court by which the offence abetted is triable 111 Abetment of any offence, when one act is abetted and a different act is done; subject to the proviso May arrest without warrant, if arrest for the offence abetted may be made without warrant but not otherwise According as to whether a warrant or summons may issue for the offence abetted According as to whether the offence abetted is bailable or not The same punishment as for the offence intended to be abetted The court by which the offence abetted is triable 113 Abetment of any offence, when an effect is caused by the act abetted different from that intended by the abettor May arrest without warrant, if arrest for the offence abetted may be... |
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Warrant to whom directed
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
An arrest warrant —
if directed to the Commissioner of Police, may be executed by any police officer or any person appointed by the Commissioner of Police; or
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
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.
When an arrest warrant is directed to more than one person, all or any of them may execute it.
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Form of arrest warrant
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
The arrest warrant remains in force until it is executed, or cancelled by a court.
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Form of search warrant
A search warrant issued by a court under this Code must be in writing bearing the seal of the court, and signed by a Magistrate or District Judge (as the case may be), or in the case of the General Division of the High Court, by a Judge or by the Registrar of the Supreme Court.
40/2019
A search warrant must ordinarily be issued to the Commissioner of Police and to one or more other police officers to be designated by name in the warrant, and all or any of those police officers may execute it.
The court may in appropriate circumstances issue a search warrant to one or more named persons who are not police officers, and all or any of those persons may execute it.
The court may, if it thinks fit, specify in a search warrant the particular place or part of it to be searched or inspected, and the person charged with executing the warrant must then search or inspect only the specified place or part thereof.
A search warrant is subject to such conditions as may be specified by the court and remains in force for the number of days stated in the warrant.
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Who may issue warrant
A warrant for the execution of any sentence, including an order of attachment of property, may be issued either by the Judge, District Judge or Magistrate who passed the sentence or by his or her successor or other Judge, District Judge or Magistrate acting in his or her place.
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Sentences other than of death
Where an accused is sentenced to imprisonment or to caning, the court must immediately forward a warrant (unless the accused is already confined in prison) stating the name of the accused and sentence to the Commissioner of Prisons or an officer appointed by the Commissioner for that purpose who must receive into his or her custody the person named in the warrant.
1/2014
The warrant is full authority to the Commissioner of Prisons or the officer appointed by the Commissioner for receiving into custody and detaining the accused and carrying out the sentence.
1/2014
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Attendance of prisoner as witness
Where the presence of any person detained in a prison in Singapore is required in any court, that court may issue a warrant addressed to the officer in charge of the prison requiring the officer to produce that person before the court in proper custody at the time and place named in the warrant and from time to time if the hearing is adjourned.
The officer in charge of the prison must have the person named in the warrant brought to court as directed and must arrange for the person's safe custody during his or her absence from prison.
A warrant must bear the seal of the court and be signed by the Registrar of the Supreme Court, Registrar of the State Courts, District Judge or Magistrate, as the case may be.
5/2014
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Service of summons: reciprocal arrangements with Malaysia and Brunei Darussalam
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.
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.
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.
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.
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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| Setting aside search warrant |
Singapore Statutes Online
© 2024 Attorney-General's Chambers of Singapore,
Last updated 28 Apr 2024
Singapore Statutes Online is provided by the Legislation Division of the Attorney-General's Chambers of Singapore.
Last updated 28 Apr 2024
Singapore Statutes Online is provided by the Legislation Division of the Attorney-General's Chambers of Singapore.