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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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