...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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Search for person wrongfully confined
A court may issue a search warrant if there is reason to believe that a person is confined under such circumstances that the confinement amounts to an offence.
The police officer or person granted the search warrant may search for the confined person in accordance with the terms of the warrant.
The confined person, if found, must as soon as reasonably practicable, be taken before the court, and the court is to make an order that is appropriate in the circumstances.
If information is given to a police officer that there is reasonable cause for suspecting that any person is unlawfully confined in a place, and the police officer has reason to believe that a delay in obtaining a search warrant is likely to adversely affect the rescue of the confined person or the arrest of the person responsible for confining the confined person, that police officer may immediately proceed to enter and search the place without a search warrant.
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Search of place entered by person sought to be arrested
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.
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.
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.
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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Procedure in respect of person subject to order
If the person subject to an order under section 46 is present in court, the order must be read to him or her or, if he or she wishes, explained to him or her.
If the person subject to the order is not present in court, the court must issue a summons requiring the person to appear or, if he or she is in custody, a warrant instructing the officer in whose custody the person is to bring the person before the court.
The court may issue a warrant for a person's arrest if the court is satisfied that, based on a police officer's report or other information, there is reason to fear a breach of the peace and that this can be prevented only by the person's immediate arrest.
A copy of the order under section 46 must accompany every summons or warrant issued under subsection (2) or (3).
The copy of the order must be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.
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How arrested person to be dealt with
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.
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Arrested person to be brought before court without delay
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.
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Search of person arrested and his or her premises
Whenever —
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
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.
A police officer investigating an arrestable offence under Part 4 may —
enter any place belonging to or under the control of any person who —
is under arrest in connection with the offence;
is reasonably believed to be connected with the offence; or
is reasonably believed to have given shelter to the person under arrest; and
search the place for any evidence of the offence.
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Initiation of criminal proceedings
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.
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Issue of warrant instead of or in addition to summons
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 —
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
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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Removal of prisoner from one custody to another
Every application to remove a prisoner from one custody to another for the purpose of trial or for any other purpose must be made to the General Division of the High Court and must be supported by an affidavit stating —
where the prisoner is detained in custody;
to what other custody it is proposed to remove the prisoner; and
the reason for the change of custody.
40/2019
If an order is made for the removal of a prisoner from one custody to another for the purpose of trial or for any other purpose, the order must be drawn up with a direction that a warrant must be issued accordingly.
The warrant must be prepared and signed by the Registrar of the Supreme Court and countersigned by the Judge who made the order and sealed with the seal of the Supreme Court.
40/2019
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Person arrested not to be detained more than 48 hours
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
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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When search warrant may be issued
A court may issue a search warrant if —
the court has reason to believe that a person who has been or may be issued an order under section 20(1), (1A), (3) or (3A), or a summons under section 235(1), would not produce any document or other thing (including data), or a copy of the document or thing, as required by the order or summons;
it is not known who possesses that document or thing; or
the court considers that a general or specific search or inspection will serve the purposes of justice or of any investigation, inquiry, trial or other proceeding under this Code.
19/2018
Nothing in this section authorises any court other than the General Division of the High Court to grant a warrant to search for any document or other thing (including data), or any copy of the document or thing, in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator.
19/2018; 40/2019; 10/2021
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Search without warrant for stolen property
If information is given to any police officer of or above the rank of sergeant that there is reasonable cause for suspecting that any stolen property is concealed or lodged in any place and the police officer has good grounds for believing that by reason of the delay in obtaining a search warrant such property is likely to be removed, he or she may search for the property alleged to have been stolen in the place specified without a search warrant.
A list of all the articles found upon a search conducted under subsection (1) and alleged to have been stolen or missing must be delivered or taken down in writing with a declaration stating that an offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating has been committed and that the informant has good grounds for believing that the property is deposited in that place.
The person who lost the property or the person's representative must accompany the officer in the search for that property under subsection (1) unless that person or that person's representative cannot be found without unreasonable delay.
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Court martial
Every application for a prisoner detained in custody to be brought before a court martial for trial must be in the form of a letter addressed by either the registrar of the military courts or the president of that court martial, stating the purpose for which the court martial has been assembled and also stating where the prisoner is detained in custody and when, where and for what purpose the prisoner is required to be produced.
The Registrar of the Supreme Court must submit the letter as soon as possible after the receipt thereof to, and obtain the order thereon of, a Judge.
40/2019
If an order is made under this section, it must be drawn up with a direction that a warrant must be issued accordingly and the warrant must be prepared and signed by the Registrar of the Supreme Court and countersigned by the Judge who made the order and sealed with the seal of the Supreme Court.
40/2019
The warrant when issued must be forwarded by the Registrar of the Supreme Court to the officer in charge of the prison in which the prisoner is confined.
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Power to require attendance of witnesses
In conducting an investigation under this Part, a police officer may issue a written order requiring anyone within the limits of Singapore, who appears to be acquainted with any of the facts and circumstances of the case, to attend before the police officer, and that person must attend as required.
If that person fails to attend as required, the police officer may report the matter to a Magistrate who may then issue a warrant ordering the person to attend.
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Power to pursue and arrest after escape or rescue
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.
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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Application for bail or release on personal bond in General Division of High Court
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
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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Provisions as to execution of sentences of death
The following provisions apply to death sentences:
after sentence has been pronounced, a warrant under the seal of the court must be made out for the person sentenced to be committed to the custody of the Commissioner of Prisons in accordance with such prescribed form;
the warrant is full authority to the Commissioner of Prisons, or any officer appointed by the Commissioner of Prisons for that purpose, for receiving into his or her custody and detaining the person sentenced until he or she receives the court's further warrant or order;
the trial Judge who tried the accused must, within a reasonable time after sentence has been pronounced, prepare a copy of the notes of evidence taken at the trial and a report in writing signed by the trial Judge stating whether, in his or her opinion, there is any reason (and, if so, particulars of the reason) why the death sentence should not be carried out;
the trial Judge must forward to the Court of Appeal the notes of evidence and report mentioned in paragraph ( c ), within a reasonable time after being notified by the Registrar of the Supreme Court that a notice of appeal has been given or petition for confirmation has been lodged, as the case may be;
if the Court of Appeal dismisses the appeal or confirms the imposition of the sentence of death, then the Chief Justice or other presiding Judge must, within a reasonable time, forward to the Minister the notes of evidence and report mentioned in paragraph ( c ), stating whether he or she agrees with the trial Judge, together with a notification of the decision of the Court of Appeal and also any report on the case that the Court of Appeal may think fit...
... sentence is to be carried out, cause a warrant to be issued under the seal of the Supreme Court and signed by the Chief Justice or other presiding Judge, or in the absence thereof any other Supreme Court Judge, setting out the time and place of execution as prescribed in the order of the President; the President may, at any time before the warrant is carried out, order a respite of the execution of the warrant and afterwards appoint some other time or other place for its execution; the warrant must be directed to the Commissioner of Prisons who must carry out the sentence in... ... carried out at such other time after the person's recapture that the General Division of the High Court then orders; no omission or error as to time and place and no defect in form in any order or warrant given under this section, and no omission to comply with paragraphs ( j ) to ( n ) may be held to make illegal any execution carried out or intended to have been carried out under the order or warrant or make illegal any execution that would otherwise have been legal. 33/2012; 1/2014; 19/2018; 40/2019 ... |
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When irregularities do not make proceedings invalid
Subject to this Code, any judgment, sentence or order passed or made by a court of competent jurisdiction may not be reversed or altered on account of —
an error, omission or irregularity in the complaint, summons, warrant, charge, judgment or other proceedings before or during trial or in an inquiry or other proceeding under this Code;
the lack of any consent by the Public Prosecutor as required by law; or
the improper admission or rejection of any evidence,
unless the error, omission, improper admission or rejection of evidence, irregularity or lack of consent has caused a failure of justice.
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...Criminal jurisdiction of Magistrates' Courts Subject to this Code, Magistrates' Courts have jurisdiction and power to — try any offence for which the maximum term of imprisonment provided by law does not exceed 5 years or which is a fine-only offence; Deleted by Act 19 of 2018 inquire into a complaint of any offence and summon and examine any witness who may give evidence relating to such offence; summon, apprehend and issue warrants for the apprehension of criminals and offenders, and deal with them according to law; issue a warrant to search or cause to be searched any place wherein any stolen goods or any goods, article or thing with which or in respect of which any offence has been committed is alleged to be kept or concealed; require any person to furnish security for keeping the peace or for the person's good behaviour according to law; and do any other thing that Magistrates' Courts are empowered to do under this Code or any other written law. 19/2018 The jurisdiction and powers conferred on Magistrates' Courts under subsection (1)( a ) must be exercised by a Magistrate sitting in a court house of the Magistrate's Court or at such other place as may be prescribed. 19/2018 The jurisdiction and powers conferred on Magistrates' Courts under subsection (1)( c ) to ( g ) may be exercised by a Magistrate at any place in Singapore. ...
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Search by police officer in arrestable case
A police officer investigating an arrestable offence may, without a search warrant, search or cause a search to be made for a document or other thing in any place if —
the police officer considers the document or thing to be necessary for his or her investigation and if he or she has reason to believe that a person who has been or may be issued with an order under section 20(1) will not or is unlikely to produce the document or thing or give access thereto as directed in the order;
the police officer has reason to believe that the document or thing, which he or she considers to be necessary for his or her investigation, is likely to be removed; or
it is not known who possesses the document or thing which he or she considers to be necessary for his or her investigation.
The police officer in subsection (1) must, if reasonably practicable, conduct the search in person.
A reference to a police officer in this section includes a reference to a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act 2004 and the lawful directions of the police officer he or she assists.
10/2015
The provisions of this Code relating to searches pursuant to search warrants apply, with the necessary modifications, to a search made under this section.
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Proclamation for person absconding
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.
The proclamation must be published —
in a daily newspaper;
by leaving a copy of it at the person's last known address;
by affixing a copy of it to any bulletin board in the court house;
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
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.
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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Exceptions to bail or release on personal bond
An accused must not be released on bail or on personal bond if —
the accused is charged for an offence punishable with death or imprisonment for life;
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
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
Despite subsection (1), the court may —
direct that any juvenile or any sick or infirm person accused of such an offence be released on bail;
release on bail an accused charged with an offence mentioned in subsection (1)( a ), if —
the offence is also punishable with an alternative punishment other than death or life imprisonment; and
the offence is to be tried before a District Court or a Magistrate's Court; or
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
In this section, accused includes a fugitive as defined in the Extradition Act 1968.
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Surety may apply to have bond discharged
A surety may at any time apply to the court to discharge the bond as far as it relates to him or her.
On receiving such an application, the court may issue an arrest warrant directing that the released person be produced before it.
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.
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.
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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Failure by person released to comply with condition of release order, etc.
This section applies to any person who has been released pursuant to an order under section 249(2) or (9)( c )(ii), 252(6)( b ) or 255(1)( b ) or (8)( b ).
Any police officer may, without a warrant, arrest a person mentioned in subsection (1) who is reasonably suspected —
to have failed to comply with any condition, of the order pursuant to which the person is released, that is imposed on the person; and
to be dangerous to himself or any other person by reason of mental disorder.
The Minister, or a visitor of a psychiatric institution, may apply to a court for a warrant of arrest to be issued against a person mentioned in subsection (1) who is reasonably suspected to have failed to comply with any condition, of the order pursuant to which the person is released, that is imposed on the person.
Sections 67 and 68 do not apply to a person arrested under subsection (2).
Where a person is arrested under subsection (2) or pursuant to a warrant of arrest issued on an application under subsection (3), the person must, as soon as practicable, be produced before a Magistrate's Court.
A police officer must not detain in custody a person who has been arrested under subsection (2) for a longer period than under all the circumstances of the case is reasonable.
The period mentioned in subsection (6) must not exceed 24 hours, exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.
Where a person who has been released pursuant to an order under section 249(2) is arrested under subsection (2) or pursuant to a warrant of arrest issued on an application under subsection (3) —
if the Magistrate's Court finds that the person has failed, without reasonable excuse, to comply with any condition of the order that is imposed on the person, the Magistrate's Court must act in accordance with section 249(7) and (8); and
unless the Magistrate's Court makes a finding mentioned in paragraph ( a ) — the Magistrate's Court must release the person.
Where a person who has been released pursuant to an order under section 249(9)( c )(ii), 252(6)( b ) or 255(1)( b ) or (8)( b ) is arrested under subsection (2) or pursuant to a warrant of arrest issued on an application under subsection (3), the Magistrate's Court must —
order that the person be remanded in a psychiatric institution, a prison or any other suitable place of safe custody pending the making of another order by the Minister under section 249(9)( b ) or ( c )(i) or (ii), 252(6)( a ) or ( b ) or 255(1)( b ) or (8)( b ) (as the case may be); and
report the case to the Minister.
Act 19 of 2018 wef 15/11/2022
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When arrest may be made without warrant
Any police officer may, without a warrant, arrest any person who —
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;
possesses a housebreaking tool without being able to provide a lawful excuse for having it;
has been proclaimed as an offender under section 88;
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;
obstructs a police officer while the police officer is doing his or her duty, or has escaped or tries to escape from lawful custody;
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;
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;
has no apparent means of subsistence or who cannot give a satisfactory account of himself or herself;
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;
commits or attempts to commit a breach of the peace in the police officer's presence;
is known to be planning to commit an arrestable offence, if it appears to the police officer that the offence cannot otherwise be prevented;
is subject to police supervision and who has failed to comply with this Code or any other written law; or
has breached any detention order under any written law.
This section does not affect any other law empowering a police officer to arrest without a warrant.
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Person in charge of closed place to allow search
Where a police officer or other person executing any search under this Division demands entry or access to a place liable to search under this Division, the occupier or any person in charge of the place must allow him or her free entry or access and provide all reasonable facilities for a search in it.
If free entry or access to that place cannot be obtained under subsection (1), it is lawful in any case for the police officer or other person executing the search warrant to break open any outer or inner door or window of any place or to use any other reasonable means in order to gain entry or access into the place.
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Inquiry as to truth of information
When an order under section 46 has been read or explained under section 47(1) to a person present in court or when a person appears or is brought before the court in compliance with a summons or in execution of a warrant under section 47, the court must then inquire into the truth of the information on which it has acted and will take further evidence as appears necessary.
The inquiry must follow as closely as practicable the procedure prescribed in this Code for conducting trials, except that no charge need be framed.
For the purposes of this section, a person's habitual offending may be proved by evidence of the person's general reputation or in other ways.
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Discharge of surety
Any surety for the peaceable conduct or good behaviour of a person may at any time apply to a court to cancel any bond executed under this Part.
On receiving the application, the court must issue a summons or warrant, as it thinks fit, requiring the person for whom that surety is bound to appear or to be brought before it.
When that person comes before the court, the court must cancel the bond and order that person to provide adequate security for the remaining term of the bond.
Every such order referred to in subsection (3) is to be treated as made under section 41 or 50 and in such a case, sections 52 to 55 apply accordingly.
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Withdrawal, change of conditions, etc., of bail
If a court has granted bail to a released person and it is shown that —
there has been a material change of circumstances; or
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.
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.
If the released person fails to provide sufficient sureties, the court may commit him or her to custody.
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Bond for appearance of complainant and witnesses
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.
After the bond has been executed, the police officer must send it to the court.
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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