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Procedure in non-arrestable cases
Where the information so filed or recorded under section 14 or 15 relates to a non-arrestable offence —
the case must thereupon be investigated by a police officer;
the informant must, by order of a police officer, be referred to a Magistrate; or
a police officer may refer the case to a mediator of a Community Mediation Centre, established under the Community Mediation Centres Act 1997, for mediation.
In investigating such a case, a police officer may, by order of the Public Prosecutor or a Magistrate, exercise any of the special powers of investigation under sections 21, 22, 34, 39 and 111.
A police officer receiving an order of the Public Prosecutor or a Magistrate as mentioned in subsection (2) may also exercise the same powers in respect of the investigation as the police officer may exercise without an order in an arrestable case, except the power to arrest without warrant.
Any informant referred to a Magistrate under subsection (1) must be supplied with a copy of any report filed or recorded under section 14 or 15 on which must be endorsed the name of the police station or place at which the information was so filed or recorded.
A police officer must record his or her reasons if he or she decides not to investigate into any non-arrestable case.
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Summary search
The Commissioner of Police may authorise any police officer in writing to enter any place in the circumstances mentioned in subsection (2) to search, seize and secure any property which the police officer believes to have been stolen as if the police officer had a search warrant for the property seized.
The circumstances mentioned in subsection (1) are —
when the place to be searched is, or has in the 12 months preceding the search been, occupied or used by any person who has been convicted of the offence of receiving stolen property or of harbouring thieves; or
when the place to be searched is occupied or used by any person who has been convicted of any offence involving fraud or dishonesty punishable with imprisonment.
In authorising any police officer under subsection (1), it is not necessary for the Commissioner of Police to specify any particular property if the Commissioner of Police has reason to believe generally that the place to be searched is being made a storage for stolen property.
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Forfeiture of counterfeit currency or banknote, etc.
Any police officer of or above the rank of sergeant, upon being satisfied that any person has in the person's possession —
any counterfeit currency or any die, instrument or material for the purpose of counterfeiting any currency; or
any forged or counterfeit banknote or any machinery, instrument or material used for the forging or counterfeiting of any banknote,
may, without warrant and with or without assistance, enter and search any place where any such currency or banknote or any such die, machinery, instrument or material is kept and seize any such currency, banknote, die, machinery, instrument or material.
15/2019
Anything seized under subsection (1) must, by order of the court before which any person is tried relating to such possession, or where there is no trial, by order of a Magistrate, be forfeited and must be destroyed or otherwise disposed of in such manner as the Minister may direct.
In this section, banknote , currency , die and instrument have the meanings given by the Penal Code 1871.
15/2019
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Power to pardon, suspend or remit sentence, etc.
Where a person has been sentenced to punishment for an offence, the President, acting in accordance with the Constitution, may grant a pardon, reprieve or respite, on such conditions as the President thinks fit, of the execution of the sentence, or remit the whole or any part of the sentence or any penalty or forfeiture imposed by law.
Where an application is made to the President for any of the reliefs mentioned in subsection (1), the President —
in the case of a sentence of death, must act in accordance with Article 22P(2) of the Constitution; or
may in any other case, require the presiding judge of the court before or by which the person is convicted to state his or her opinion as to whether the application should be granted or refused, and the judge must state his or her opinion accordingly.
If any condition on which a sentence has been suspended or remitted is, in the opinion of the President, not fulfilled, the President may cancel the suspension or remission, and upon the cancellation, the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by a police officer without warrant and remanded to undergo the unexpired portion of the sentence.
Subsection (3) does not apply to a sentence of death.
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Consent required for prosecution of certain offences
A prosecution for —
an offence under section 172 to 188, 193 to 196, 199, 200, 205 to 211, 228, 376C, 376G or 505 of the Penal Code 1871;
an offence under Chapter 5A, 6 (except section 127) or 18 of the Penal Code 1871;
an offence under Chapter 21 of the Penal Code 1871; or
an abetment of, or an attempt to commit, any offence mentioned in paragraphs ( a ), ( b ) and ( c ),
must not be instituted except with the consent of the Public Prosecutor.
A person may be charged or arrested, or a warrant for the person's arrest may be issued and executed, and any such person may be remanded in custody or released on bail, even though the consent of the Public Prosecutor has not been obtained, but the case must not be further prosecuted until that consent has been obtained.
When a person is brought before a court before the Public Prosecutor has consented to the prosecution, the charge must be explained to the person but the person must not be called upon to plead.
The consent of the Public Prosecutor —
need not refer to a particular offence but may be expressed in general terms; and
must as far as practicable specify the place in which and the occasion on which the offence was committed.
No consent remains in force unless acted upon within one month from the date on which it was given.
Subsections (2) to (5) also apply in respect of every consent of the Public Prosecutor which is required to be obtained under any other written law before proceedings in respect of an offence may be instituted.
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When person accused of non-bailable offence may be released on bail
Subject to section 95(1), if any person accused of any non-bailable offence is arrested or detained without warrant by a police officer, or appears or is brought before a court, the person may be released on bail by a police officer of or above the rank of sergeant or by the court.
Subject to section 95(1), if, at any stage of an investigation, inquiry, trial or other proceeding under this Code, there are no reasonable grounds for believing that the accused has committed a non-bailable offence, the police officer or court must release the accused.
Despite subsection (2), if there are grounds for further investigations as to whether the accused has committed some other bailable offence, then, pending the investigations, the accused must be released on bail or, at the discretion of the police officer or court, on his or her own personal bond.
Despite subsections (2) and (3), the court may, instead of releasing the accused on bail or on the accused's own personal bond, release the accused on bail and on personal bond by requiring the accused to sign a personal bond without sureties, in addition to taking bail from the accused.
19/2018
Despite subsections (2), (3) and (3A), where there are grounds for further investigations as to whether the accused has committed a bailable offence that is not a fine-only offence, and a 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, the court may —
order the police officer not to release the accused on bail or on personal bond; or
refuse to release the accused, whether on bail, on personal bond, or on bail and on personal bond.
19/2018
Where —
a State Court orders the release on bail, on personal bond, or on bail and on personal bond, of a person accused of a non-bailable offence; 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 must stay execution on the order pending a review of the order.
19/2018; 40/2019
A police officer or a court releasing any person under this section must record in writing the reasons for so doing.
Any court may at any subsequent stage of any proceeding under this Code cause any person who has been released under this section to be arrested and may commit the person to prison.
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Surrender of travel document
Despite any other written law —
a police officer of or above the rank of sergeant, with the written consent of an authorised officer;
the head or an authorised director of any other law enforcement agency or a person of a similar rank; or
any officer of a prescribed law enforcement agency, with the written consent of the head or an authorised director of that law enforcement agency or a person of a similar rank,
may require a person whom he or she has reasonable grounds for believing has committed any offence to surrender the person's travel document.
19/2018
Any person who fails to surrender his or her travel document as required under subsection (1) may be arrested and taken before a Magistrate.
If the person arrested and taken before the Magistrate under subsection (2) is unable to show good reasons for not surrendering his or her travel document, the Magistrate may commit him or her to prison until he or she surrenders his or her travel document.
For the purposes of subsection (3), a certificate signed by an authorised officer, or the head or an authorised director of any law enforcement agency or a person of a similar rank, or the head or an authorised director of any prescribed law enforcement agency or a person of a similar rank (as the case may be) to the effect that the prisoner has complied with the requirements to surrender his or her travel document is sufficient warrant for the Commissioner of Prisons to release the prisoner.
1/2014; 19/2018
Any person who has surrendered that person's travel document under this section must not leave, or attempt to leave, Singapore unless —
that person has applied under section 113 for the return of that travel document; and
that travel document is returned to that person.
19/2018
Any person who knowingly contravenes subsection (4A) 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.
19/2018
In this section and section 113 —
authorised director , in relation to a law enforcement agency, means a director of that law enforcement agency who is authorised to perform the duties, and exercise the powers, under this section and section 113 of the head of that law enforcement agency;
authorised officer means a police officer of or above the rank of Deputy Superintendent of Police who is authorised by the Commissioner of Police to give a written consent mentioned in subsection (1)( a );
prescribed law enforcement agency means a law enforcement agency prescribed for the purposes of subsection (1)( c ) by the Minister charged with the responsibility for that law enforcement agency.
19/2018
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Breach of community orders
An offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order if he or she, without reasonable excuse, fails to comply with any of his or her obligations under section 340, 343, 345 or 347, respectively.
An offender is in breach of a short detention order if he or she commits an aggravated prison offence as defined in section 73 of the Prisons Act 1933 when there is in force in respect of him or her a short detention order.
Where a court receives information from an appointed psychiatrist, a day reporting officer, a community work officer or a community service officer that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order, respectively, is in force, is in breach of the respective order, the court may fix a hearing date to determine whether the offender is in breach of a community order and may at any time —
issue a summons directing the offender 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 (3)( a ) fails to attend before the court, the court may issue a warrant for the arrest of the offender.
Subject to subsection (7), if it is proved to the satisfaction of a court that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order —
the court may, without affecting the continuance of the order —
issue a warning to the offender;
vary the order (including reducing or extending the period that the offender has to undergo psychiatric treatment, report to a day reporting officer or perform community work or community service) or the conditions or obligations thereof in such manner as the court thinks just and expedient in the circumstances; or
impose on the offender a fine not exceeding $1,000;
subject to paragraph ( c ), the court may, taking into account the extent to which the offender has complied with the order, revoke the order and impose such sentence which is provided for the offence or offences in respect of which the order has been made; or
where the 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, the court must revoke the order.
19/2018
Where an offender is in breach of a short detention order, a court may, on the application of the Commissioner of Prisons or any person authorised by the Commissioner of Prisons, revoke the order...
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Interpretation
In this Code, unless the context otherwise requires —
advocate means an advocate and solicitor lawfully entitled to practise criminal law in Singapore;
arrestable offence and arrestable case mean, respectively, an offence for which and a case in which a police officer may ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law;
audiovisual recording means an aggregate of visual images and sounds embodied in a thing, so as to be capable, by the use of that thing, of being produced electronically and shown as a moving picture with associated sounds;
bailable offence means an offence shown as bailable in the fifth column of the First Schedule or which is made bailable by any other written law, and non-bailable offence means any offence other than a bailable offence;
child abuse offence means an offence under section 6(1), 7, 8, 14(2), 16 or 17 of the Children and Young Persons Act 1993, or an offence under section 377BG, 377BH, 377BI, 377BJ, 377BK or 377BL of the Penal Code 1871, and includes an abetment of, a conspiracy to commit, or an attempt to commit, such an offence;
complaint means any allegation made orally or in writing to a Magistrate with a view to the Magistrate taking action under this Code that some person, whether known or unknown, has committed or is guilty of an offence;
computer has the meaning given by the Computer Misuse Act 1993;
court means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate's Court (as the case may be) which exercises criminal jurisdiction;
Criminal Procedure Rules —
means the Criminal Procedure Rules 2018 made under this Code and any other written law by the Criminal Procedure Rules Committee constituted under section 428A; and
includes any subsidiary legislation deemed under section 428A(15) to be Criminal Procedure Rules;
criminal record means the record of any —
conviction in any court, or subordinate military court established under section 80 of the Singapore Armed Forces Act 1972;
order made under section 34(2) of the Misuse of Drugs Act 1973;
supervision order made under section 16 of the Intoxicating Substances Act 1987;
order made under section 30(1) of the Criminal Law (Temporary Provisions) Act 1955; and
order as may be prescribed by the Minister charged with the responsibility for home affairs to be a criminal record for the...
... offence and non-arrestable case mean, respectively, an offence for which and a case in which a police officer may not ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law; offence means an act or omission punishable by any... |
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Saving and transitional provisions
This Code does not affect —
any inquiry, trial or other proceeding commenced or pending under the repealed Code before , and every such inquiry, trial or other proceeding may be continued and everything in relation thereto may be done in all respects after that date as if this Code had not been enacted; and
any further proceedings which may be taken under the repealed Code in respect of any inquiry, trial or other proceeding which has commenced or is pending before , and such further proceedings may be taken and everything in relation thereto may be done in all respects after that date as if this Code had not been enacted.
Any application, authorisation, consent, direction, fiat, instruction, order, requirement or sanction of the Public Prosecutor given or made under the repealed Code before and which remains in force or which is not complied with before that date is treated as if it were an application, authorisation, consent, direction, fiat, instruction, order or requirement of the Public Prosecutor given or made under the corresponding provisions of this Code.
Any summons, warrant or requisition issued by a court under the repealed Code before and which has not been complied with or executed before that date is treated as if it were a summons, warrant or requisition (as the case may be) issued under the corresponding provisions of this Code.
Any proclamation published by a court under section 51 of the repealed Code is treated as if it were a proclamation published under section 88.
Any authorisation given by the Commissioner of Police under section 70 of the repealed Code which is not acted on before is treated as if it were an authorisation of the Commissioner of Police given under section 33.
Any written order of a police officer under section 58 of the repealed Code which is not complied with before is treated as if it were a written order of a police officer under section 20.
Any order of a police officer under section 120 of the repealed Code which is not complied with before is treated as if it were an order of a police officer under section 21.
Any requisition made by a police officer or authorised person under section 125A or 125B of the repealed Code before which is not complied with before that date is deemed to be a requisition made by a police officer or an authorised person under section 39 or 40, respectively.
Any plea of guilty by letter under section 137 of the repealed Code which is not dealt with by a court before is treated as if it were a plea of guilty by letter under section 154 and that provision applies accordingly to the plea of guilty.
Any plea of guilty under section 137A of the repealed Code which is not dealt with by a court before is treated as if it were a plea of guilty under section 226 and that provision applies...
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Provisions as to sentence of fine
Where any fine is imposed and there is no express provision in the law relating to the fine, the following provisions apply:
if the maximum sum is not stated in the law, the fine to which the offender is liable is unlimited but must not be excessive;
the court which imposed the fine may choose to do all or any of the following things at any time before the fine is paid in full:
allow and extend time for its payment;
direct that the fine be paid by instalments;
order the attachment of any property, movable or immovable, belonging to the offender —
by seizure of such property which may be sold and the proceeds applied towards the payment of the fine; or
by appointing a receiver who is to be at liberty to take possession of and sell such property and apply the proceeds towards the payment of the fine;
direct any person who owes money to the offender to pay the court the amount of that debt due or accruing or the amount that is sufficient to pay off the fine;
direct that in default of payment of the fine, the offender must suffer imprisonment for a certain term which must be consecutive with any other imprisonment to which the offender may be sentenced, including any other imprisonment term or terms imposed on the offender under this section in default of payment of fine, or to which the offender may be liable under a commutation of a sentence;
direct that the person be searched, and that any money found on the person when so searched or which, in the event of his or her being committed to prison, may be found on him or her when taken to prison, is to be applied towards the payment of the fine, and the surplus (if any) being returned to him or her; provided that the money must not be so applied if the court is satisfied that the money does not belong to the person on whom it was found;
before allowing time for payment under paragraph ( b )(i) or directing payment by instalments under paragraph ( b )(ii), the court may require the offender to execute a bond with or without sureties on condition that the offender pay the fine or the instalments (as the case may be) on the day or days directed; and if the fine or any instalment is not paid as ordered, then the whole of the fine remaining unpaid becomes due and payable and the court may issue a warrant for the offender's arrest;
the term for which the court directs the offender to be imprisoned in default of payment of a fine is to be as follows:
if the offence is punishable with imprisonment for a term of 24 months or more, it must not exceed one half of the maximum term of imprisonment fixed for the offence;
if the offence is punishable with imprisonment for a term of less than 24 months, it must not exceed one third of the maximum term of imprisonment fixed for the offence...
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Provisions as to money payable as compensation
Subject to the provisions of this Code, where any person is, under this Code, for any reason whatsoever, ordered to pay any sum of money by way of compensation, the court making the order may at any time before that sum has been paid in full, in its discretion, do all or any of the following things:
allow and extend time for the payment of that sum;
direct payment to be made of that sum by instalments;
order the attachment of any property, movable or immovable, belonging to the person —
by seizure of such property which may be sold and the proceeds applied towards the payment of that sum; or
by appointing a receiver who is at liberty to take possession of and sell such property and apply the proceeds towards the payment of that sum;
direct any person who owes money to the person ordered to pay compensation to pay the court the amount of that debt due or accruing or the amount that is sufficient to pay off the compensation sum;
direct that in default of payment of the compensation sum, that person must suffer imprisonment for a certain term, which imprisonment must be consecutive with any other imprisonment to which that person may be sentenced or to which that person may be liable under a commutation of sentence;
direct that that person be searched, and that any money found on that person when so searched or which, in the event of that person being committed to prison, may be found on him or her when taken to prison, is to be applied towards the payment of that sum; the surplus (if any) being returned to him or her.
33/2012
Before allowing time for payment of any sum under subsection (1)( a ) or directing payment of it to be made by instalments under subsection (1)( b ), the court may require that person to execute a bond with or without sureties on condition that that person pays that sum or the instalments (as the case may be) on the day or days directed; and if that sum or any instalment is not paid as ordered, then the whole of that sum remaining unpaid becomes due and payable and the court may issue a warrant for the person's arrest.
Any money found on a person under subsection (1)( e ) must not be so applied if the court is satisfied that the money does not belong to the person on whom it was found.
The term for which the court directs that person to be imprisoned in default of payment of the compensation sum must not exceed the following scale:
when the money to be paid does not exceed $50, the imprisonment may be for any term not exceeding 2 months;
when the money to be paid exceeds $50 but does not exceed $100, the imprisonment may be for any term not exceeding 4 months;
in any other case, the imprisonment may be for a term not exceeding 6 months.
The imprisonment which the...
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... purposes of subsection (5B)( c )(iii)(B), a witness is not unable to give evidence from a place in Singapore merely because — the witness fears arrest in Singapore or in any other jurisdiction; the witness fears prosecution in Singapore or in any other jurisdiction; or a warrant of arrest has been issued...
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