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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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Power to postpone or adjourn proceedings
The court may postpone or adjourn any inquiry, trial or other proceedings on such terms as it thinks fit and for as long as it considers reasonable, if the absence of a witness or any other reasonable cause makes this necessary or advisable.
Subject to subsection (3), if the accused is not on bail, the court may by a warrant remand the accused in custody as it thinks fit.
If it appears likely that further evidence may be obtained by a remand, the court may so remand the accused in custody for the purpose of any investigation by a law enforcement agency but not for more than 8 days at a time.
If the accused is on bail, the court may extend the bail.
The court must record in writing the reasons for the postponement or adjournment of the proceedings.
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Procedure after judgment of appellate court
After hearing the appeal and delivering its judgment, the appellate court must certify its judgment, sentence or order to the trial court which recorded or passed the judgment, sentence or order appealed against.
Where an appeal is not dismissed, the certificate must state the grounds on which the appellate court allowed the appeal or varied the trial court's decision.
The trial court must then make orders that conform to the appellate court's judgment, sentence or order, and, if necessary, amend the record accordingly.
If the appellate court imposes a sentence of imprisonment on a person who was not so sentenced by the trial court, the appellate court must by warrant commit that person to prison in addition to anything else it is required to do by this section and must certify accordingly to the trial court.
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How previous conviction or acquittal may be proved
In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal or any order of court relevant to the case may be proved, in addition to any other way provided by law —
by an extract certified to be a copy of the sentence or order by the officer who has custody of the records of the court in which that conviction, acquittal or order was carried out, whether in Singapore or elsewhere; or
alternatively —
in the case of a previous conviction in Singapore, either by a certificate signed by the officer who has custody of the records of the prison in Singapore in which the punishment or any part of it was inflicted, or by production of the warrant of commitment under which the punishment was suffered; or
in the case of a previous conviction elsewhere, either by a certificate signed by the officer in charge of the prisons in that place in which the punishment or any part of it was inflicted, or by production of the warrant of commitment under which the punishment was suffered,
together with evidence as to the identity of the accused and the person so convicted or acquitted or against whom the order was made.
The certificate mentioned in subsection (1)( b ) purporting to be signed by the officer who has custody of the records of the prison in Singapore or elsewhere is to be admitted in evidence on its production by the prosecution without proof of signature and, until the contrary is proved, is proof of all matters contained therein.
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Absconding or breaking conditions of bail or personal bond, etc.
If a released person under a duty to surrender to custody, or to make himself or herself available for investigations or to attend court, does not do so, he or she may be arrested without a warrant.
19/2018
If a released person leaves the court at any time after he or she has surrendered into its custody or after he or she has attended court on the day and at the time appointed for him or her to do so, and before the court is ready to begin or to resume the hearing of the proceedings, the court may issue a warrant for his or her arrest.
A released person under a duty to surrender to custody, or to make himself or herself available for investigations or to attend court on the day and at the time and place appointed for him or her to do so, may be arrested without a warrant if —
there are reasonable grounds for believing that he or she is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court;
there are reasonable grounds for believing that he or she is likely to break or has broken any of the conditions of his or her bail or personal bond; or
any of his or her sureties informs the police or court that the person is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court and that the surety therefore wishes to be relieved of his or her obligations as a surety.
When such a person is brought before the court pursuant to an arrest under this section and the court thinks that the person —
is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court; or
has broken or is likely to break any conditions of his or her bail or personal bond,
the court may remand the person in custody or grant him or her bail subject to such conditions as it thinks fit.
A released person shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both, if the released person knowingly, and without reasonable excuse, fails to comply with any duty imposed on the released person —
to surrender to custody;
to be available for investigations; or
to attend court on the day and at the time and place appointed for the released person to do so.
19/2018
For the purposes of subsection (5), a released person is presumed, until the contrary is proved, to have no reasonable excuse if —
on or before the date of the failure to comply with the duty, the released person left Singapore without the permission of a police officer or the court (as the case may be) and has not returned to Singapore; or
on the date of the failure to comply with the duty, the released...
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... summons directing the offender subject to the community order to appear before the court on a date and at a time specified in the summons; or
where the court is satisfied that the offender may not appear, issue a warrant for the arrest of the offender.
Where an offender served with a summons issued under subsection (6)( a ) fails to attend before the court, the court may issue a warrant for the arrest of the offender.
The court may vary or revoke a mandatory treatment order under subsection (1) on any of the following grounds:
there has been a change of circumstances since the order was made that would justify the variation or revocation of the order;
that in view of the progress the offender has made in the treatment, such variation or revocation is warranted.
The court may vary or revoke a day reporting order...
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Commission of further offence
If it appears to a judge to whom jurisdiction is granted under subsection (3) that an offender has been convicted by any court of one or more offences committed during the period when a community order is in force in respect of the offender, and has been dealt with in respect of that offence or those offences, the judge may fix a hearing date to determine if the offender has been so convicted and dealt with and may issue a summons requiring the offender to appear at the place and time specified therein, or may issue a warrant for the offender's arrest.
A Magistrate may not issue a warrant under subsection (1) except on information in writing.
The following persons have jurisdiction for the purposes of subsection (1):
if the community order was made by the General Division of the High Court, a Judge;
if the community order was made by a District Court, a District Judge;
if the community order was made by a Magistrate's Court, a Magistrate.
40/2019
A summons or warrant issued under this section must direct the offender so convicted to appear or be brought before the court which made the community order.
If an offender in respect of whom a community order has been made by the General Division of the High Court or District Court is convicted and dealt with by any Magistrate's Court in respect of any offence or offences committed during the period when the community order is in force in respect of the offender, the Magistrate's Court may commit the offender to custody or release him or her on bail or personal bond until he or she can be brought or appears before the court by which the community order has been made; and if he or she does so the Magistrate's Court must send to the General Division of the High Court or the District Court (as the case may be) a copy of the minute or memorandum of the conviction entered in the register, signed by the Magistrate.
19/2018; 40/2019
Where a community order has been made by a court in respect of an offender, and it is proved to the satisfaction of the court that the offender has been convicted and dealt with in respect of any offence committed during the period when the community order is in force, the court —
in any case where the community order was made in respect of an offence after the court had imposed and suspended under section 337(6) a sentence of imprisonment for that offence — must revoke the community order; or
in any other case — may, taking into account the extent to which the offender has complied with the community order, revoke the community order and impose any sentence that is prescribed for the offence in respect of which the community order has been made.
19/2018
If a Magistrate's Court has made a community order in respect of an offender, and the offender is...
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Search of house suspected to contain stolen property, forged documents, etc.
If a court, upon information and after such inquiry as it thinks necessary, has reason to believe that any place is used —
for the deposit or sale of stolen property or of property unlawfully obtained or of goods in respect of which an offence has been committed under section 4 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975;
for the deposit or sale or manufacture of any forged document, false seal, counterfeit stamp or coin, or any instrument or material for counterfeiting any coin or stamp or for forging; or
for the concealing, keeping or depositing of any stolen property or property unlawfully obtained, forged document, false seal, counterfeit stamp or coin, or any instrument or material used for counterfeiting any coin or stamp or for forging,
the court may by warrant authorise the person or persons to whom it is issued —
to enter that place with such assistance as may be required;
to search it in the manner, if any, specified in the warrant;
to take possession of any goods, property, document, seal, stamp or coin found in it which any of those persons reasonably suspects to be the subject of an offence committed under section 4 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975 or to be stolen, unlawfully obtained, forged, false or counterfeit, and also of any such instrument and material as aforesaid;
to convey any such goods, property, document, seal, stamp, coin, instrument or material before a Magistrate's Court, or to guard the same on the spot until the offender is taken before a Magistrate's Court, or otherwise to dispose thereof in some place of safety; and
to take into custody and produce before a Magistrate's Court every person found in that place who appears to have been privy to the deposit, sale or manufacture or keeping of any such goods, property, document, seal, stamp, coin, instrument or material knowing or having reasonable cause to suspect —
the goods to have been the subject of an offence committed under section 4 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975;
the property to have been stolen or otherwise unlawfully obtained;
the document, seal, stamp or coin to have been forged, falsified or counterfeited; or
the instrument or material to have been or to be intended to be used for counterfeiting any coin or stamp or for forging.
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When person must normally be released on bail or personal bond, or on both
When any person, except a person accused of a non-bailable offence —
is arrested or detained without warrant by a police officer, or appears or is brought before a court; and
is prepared to give bail at any time while in the police officer's custody or at any stage of the proceedings before the court,
the person must be released on bail by a police officer in cases determined by the Commissioner of Police or by that court.
19/2018
Despite subsection (1) —
the police officer or the court may, instead of taking bail from the person, release the person if the person signs a personal bond without sureties; and
the court may, instead of releasing the person on bail, release the person on bail and on personal bond by requiring the person to sign a personal bond without sureties, in addition to taking bail from the person.
19/2018
Despite subsections (1) and (2), where the person is accused of an offence that is not a fine-only offence, and a court believes, on any ground prescribed in the Criminal Procedure Rules, that the person, if released, will not surrender to custody, be available for investigations or attend court, the court may order as follows:
if the person is arrested or detained without warrant by a police officer — order the police officer not to release the person on bail or on personal bond;
if the person appears or is brought before the court — refuse to release the person, whether on bail, on personal bond, or on bail and on personal bond.
19/2018
Where —
a State Court orders the release of a person under this section on bail, on personal bond, or on bail and on personal bond; and
the prosecution applies to the State Court to stay execution on the order pending a review of the order by the General Division of the High Court,
the State Court may stay execution on the order pending a review of the order.
19/2018; 40/2019
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Issue of summons or warrant
A Magistrate must issue a summons for the attendance of an accused if —
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;
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;
the Magistrate knows or suspects that an offence has been committed; or
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.
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.
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.
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.
This section does not affect section 120.
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Pleading guilty electronically
A person who is accused of a prescribed offence and is a prescribed person under subsection (7)( b ) may plead guilty electronically to that offence by paying the fine and any prescribed fee under subsection (7)( c ) in accordance with this section.
To plead guilty electronically, the accused must —
enter a plea of guilty at a computer terminal designated by the Registrar of the State Courts for that purpose within the prescribed time; and
pay in advance the fine fixed by the supervising Magistrate as the sentence to be imposed on an accused who pleads guilty electronically to that offence.
5/2014
The Registrar of the State Courts must, within a reasonable time after the accused has entered the plea and paid the fine, send to the supervising Magistrate a record of the guilty plea and of the fine paid.
5/2014
When the supervising Magistrate is satisfied that the fine fixed under subsection (2)( b ) has been paid, the Magistrate is to convict the accused of the prescribed offence in the accused's absence and record the fine paid as the sentence passed for that offence.
The supervising Magistrate may, at any stage of the proceedings, require the accused to attend in person and, if necessary, enforce the accused's attendance by —
issuing a summons if the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a summons; or
issuing a warrant if the case appears to be one in which, according to that column, the Magistrate should first issue a warrant, or if the Magistrate thinks fit, by issuing a summons causing the accused to be brought or to appear at a certain time before the Magistrate.
Nothing in subsection (5) affects section 120.
For the purposes of this section, the Minister may make regulations to prescribe —
the offences punishable by fine or by imprisonment of 12 months or less or both to which this section applies;
the class of persons who qualify to plead guilty electronically under this section;
the fee to be paid for the use of the computer terminal mentioned in subsection (2)( a );
the method of paying fines and fees under this section;
the time within which an accused may plead guilty electronically; and
all matters necessary or convenient to give effect to this section.
In this section —
prescribed offence means an offence specified in regulations made under subsection (7)( a );
supervising Magistrate means the Magistrate in charge of the operation of the computer terminal mentioned in subsection (2)( a ).
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