PART 3 | EVIDENCE, ENFORCEMENT AND PUNISHMENT |
| Certificate of corresponding law |
15.—(1) A document purporting to be issued by or on behalf of the government of a country outside Singapore and purporting to state the terms of a corresponding law in force in that country is to be admitted in evidence, in any proceedings for an offence under this Act, on its production by the prosecution without further proof.(2) Such document is conclusive evidence that —| (a) | it is issued by or on behalf of the government of that country; | | (b) | the terms of that law are as stated in the document; and | | (c) | any fact stated in the document as constituting an offence under that law does constitute such offence. |
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| Certificate of analyst, etc. |
16. A certificate purporting —| (a) | to be signed by —| (i) | an analyst employed by the Health Sciences Authority; or | | (ii) | such other person as the Minister may, by notification in the Gazette, appoint; and |
| | (b) | to relate to a controlled drug or controlled substance, |
| is to be admitted in evidence, in any proceedings for an offence under this Act, 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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| Presumption concerning trafficking |
17. Any person who is proved to have had in his or her possession more than —| (a) | 100 grammes of opium; | | (b) | 3 grammes of morphine; | | (c) | 2 grammes of diamorphine; | | (d) | 15 grammes of cannabis; | | (e) | 30 grammes of cannabis mixture; | | (f) | 10 grammes of cannabis resin; | | (g) | 3 grammes of cocaine; | | (h) | 25 grammes of methamphetamine; | | (ha) | 113 grammes of ketamine; or | | (i) | 10 grammes of any or any combination of the following:| (i) | N, α-dimethyl-3,4-(methylenedioxy)phenethylamine; | | (ii) | α-methyl-3,4-(methylenedioxy)phenethylamine; | | (iii) | N-ethyl-α-methyl-3,4-(methylenedioxy)phenethylamine, |
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| whether or not contained in any substance, extract, preparation or mixture, is presumed to have had that drug in possession for the purpose of trafficking unless it is proved that his or her possession of that drug was not for that purpose. |
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| Presumption of possession and knowledge of controlled drugs |
18.—(1) Any person who is proved to have had in his or her possession or custody or under his or her control —| (a) | anything containing a controlled drug; | | (b) | the keys of anything containing a controlled drug; | | (c) | the keys of any place or premises or any part thereof in which a controlled drug is found; or | | (d) | a document of title relating to a controlled drug or any other document intended for the delivery of a controlled drug, |
| is presumed, until the contrary is proved, to have had that drug in his or her possession. |
| (2) Any person who is proved or presumed to have had a controlled drug in his or her possession is presumed, until the contrary is proved, to have known the nature of that drug. |
| (3) The presumptions provided for in this section are not to be rebutted by proof that the accused never had physical possession of the controlled drug. |
| (4) Where one of 2 or more persons with the knowledge and consent of the rest has any controlled drug in his or her possession, it is deemed to be in the possession of each and all of them. |
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| Presumption concerning premises |
19.—(1) Where a pipe, syringe, utensil, apparatus or other article intended for the smoking, administration or consumption of a controlled drug is found in any place or premises, it is presumed, until the contrary is proved, that the place or premises is used for the purpose of smoking, administering or consuming a controlled drug.| (2) Any person found in or escaping from any place or premises which is proved or presumed to be used for the purpose of smoking, administering or consuming a controlled drug is presumed, until the contrary is proved, to have been smoking, administering or consuming a controlled drug in that place or premises. [Act 12 of 2023 wef 01/06/2023] |
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| Presumption relating to ship or aircraft |
| 20. If any controlled drug is found in any ship or aircraft, it is presumed, until the contrary is proved, that the drug has been imported in that ship or aircraft with the knowledge of the master or the captain thereof. |
| Presumption relating to vehicle |
| 21. If any controlled drug is found in any vehicle, it is presumed, until the contrary is proved, to be in the possession of the owner of the vehicle and of the person in charge of the vehicle for the time being. |
| Presumption relating to urine test |
| 22. If any controlled drug is found in the urine of a person as a result of both urine tests conducted under section 31(4)(b), he or she is presumed, until the contrary is proved, to have consumed that controlled drug in contravention of section 8(b). |
23.—(1) Except as provided in subsection (3) —| (a) | no information for an offence under this Act is to be admitted in evidence in any civil or criminal proceedings; and | | (b) | no witness in any civil or criminal proceedings is obliged —| (i) | to disclose the name and address of any informer who has given information with respect to an offence under this Act; or | | (ii) | to answer any question if the answer would lead, or would tend to lead, to the discovery of the name or address of the informer. |
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| (2) If any book, document or paper which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to his or her discovery, the court must cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery. |
(3) If —| (a) | in any proceedings before a court for an offence under this Act, the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which he or she knew or believed to be false or did not believe to be true; or | | (b) | in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the disclosure of the name of an informer, |
| the court may permit inquiry and require full disclosure concerning the informer. |
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| Powers of search and seizure |
24.—(1) Any officer of the Bureau, police officer, special police officer or senior officer of customs may at any time —| (a) | without a warrant enter and search any place or premises in which he or she reasonably suspects that there is to be found —| (i) | any controlled drug, controlled substance, drug specified in the Fifth Schedule, substance containing any drug specified in the Fifth Schedule or article liable to seizure; | | (ia) | any vehicle, autonomous vehicle, unmanned aircraft, unmanned vessel, component of the autonomous system of an autonomous vehicle or unmanned vessel, or component of an unmanned aircraft system, which is or has been used in the commission of or in connection with an offence under this Act; or | | (ii) | a person who has committed or is reasonably suspected to have committed any offence under this Act or any arrestable offence under the regulations; [Act 12 of 2023 wef 01/06/2023] |
| | (b) | search any person found in that place or premises; and | | (c) | seize and detain all of the following which is found in that place or premises:| (i) | any controlled drug, controlled substance, or drug specified in the Fifth Schedule or substance containing any drug specified in the Fifth Schedule; | | (ii) | any article that the officer reasonably suspects is an article liable to seizure; [Act 12 of 2023 wef 01/06/2023] | | (iii) | any vehicle, autonomous vehicle, unmanned aircraft, unmanned vessel, component of the autonomous system of an autonomous vehicle or unmanned vessel, or component of an unmanned aircraft system, that the officer reasonably suspects is, has been or is intended to be, used in the commission of or in connection with an offence under this Act. [30/2012; 1/2019] [Act 12 of 2023 wef 01/06/2023] |
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| (2) For the purpose of exercising his or her power under this section, an officer may, with such assistance as he or she considers necessary, break open any door, window, lock, fastener, floor, wall, ceiling, compartment, box, container or any other thing. |
| (3) Despite subsection (1), if the use of any drug specified in the Fifth Schedule or any substance containing such drug at any place or premises searched under that subsection is authorised by the Director, that drug or substance is not liable to seizure under that subsection. [30/2012] |
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| 25.—(1) Any officer of the Bureau, police officer, special police officer or officer of customs may arrest and search without a warrant any person who has committed or whom he or she reasonably suspects to have committed an offence under this Act or an arrestable offence under the regulations. [1/2019] [Act 12 of 2023 wef 01/06/2023] | (2) Any person arrested under subsection (1), together with any drug, substance or article that the officer making the arrest reasonably suspects is a controlled drug, controlled substance or article liable to seizure, must be taken to the Central Narcotics Bureau, a police station or a customs station and may be searched. [Act 12 of 2023 wef 01/06/2023] |
| (3) A woman must not be searched under this Act except by another woman. |
| (4) An officer making an arrest under this section may seize and detain any drug, substance or article that the officer reasonably suspects is a controlled drug, controlled substance or article liable to seizure. [Act 12 of 2023 wef 01/06/2023] |
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| Power to search ship, hovercraft, etc., and person arriving in or departing from Singapore |
26.—(1) Any officer of the Bureau, police officer, special police officer or officer of customs may —| (a) | stop, board and search any ship, hovercraft, aircraft, vehicle or train if he or she has reason to suspect that there is therein any controlled drug in contravention of this Act, controlled substance, drug specified in the Fifth Schedule, substance containing any drug specified in the Fifth Schedule or any article liable to seizure; | | (b) | search any person in that ship, hovercraft, aircraft, vehicle or train; | | (ba) | intercept and search any autonomous vehicle, unmanned aircraft or unmanned vessel if he or she has reason to suspect that there is in any such vehicle, aircraft or vessel —| (i) | any controlled drug or controlled substance; | | (ii) | any drug specified in the Fifth Schedule; | | (iii) | any substance containing any drug specified in the Fifth Schedule; or | | (iv) | any article liable to seizure; and |
| | (c) | search any person arriving in Singapore or about to depart from Singapore. [30/2012; 1/2019] |
(2) An officer may seize and detain —| (a) | any drug, substance or article that the officer reasonably suspects is a controlled drug, controlled substance, drug specified in the Fifth Schedule, substance containing any drug specified in the Fifth Schedule or article liable to seizure as a result of any search under this section; and [Act 12 of 2023 wef 01/06/2023] | | (b) | any ship, hovercraft, aircraft, autonomous vehicle, unmanned aircraft, unmanned vessel, component of the autonomous system of an autonomous vehicle or unmanned vessel, or component of an unmanned aircraft system, vehicle or train that the officer reasonably suspects has been or is intended to be used in the commission of or in connection with an offence under this Act. [30/2012; 1/2019] [Act 12 of 2023 wef 01/06/2023] |
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(2A) An officer may —| (a) | in relation to any autonomous vehicle, unmanned aircraft or unmanned vessel that is to be intercepted and searched under subsection (1)(ba), direct any person whom the officer reasonably believes to be involved in operating the autonomous vehicle, unmanned aircraft or unmanned vessel —| (i) | to end the flight of the unmanned aircraft, or land it, safely in the fastest practicable way; | | (ii) | to stop the autonomous vehicle or unmanned vessel safely in the fastest practicable way; or | | (iii) | to fly the unmanned aircraft or to operate the autonomous vehicle or unmanned vessel in the manner specified by the officer; |
| | (b) | in relation to any autonomous vehicle, unmanned aircraft or unmanned vessel that is to be intercepted and searched under subsection (1)(ba), without warrant and with such assistance and by such force as is necessary —| (i) | assume control of the unmanned aircraft to fly the aircraft, or to end the flight of the aircraft, or land it, safely in the fastest practicable way; | | (ii) | assume control of the autonomous vehicle or unmanned vessel to steer the vehicle or vessel, or to stop the vehicle or vessel (as the case may be) safely in the fastest practicable way; | | (iii) | end the flight of the unmanned aircraft, or land it, in the fastest and safest practicable way; or | | (iv) | stop the autonomous vehicle or unmanned vessel in the fastest and safest practicable way; or |
| | (c) | direct any person to operate any ship, hovercraft, aircraft, autonomous vehicle, unmanned aircraft, unmanned vessel, vehicle or train seized and detained under subsection (2)(b), in such manner as the officer determines. [1/2019] |
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| (3) Despite subsection (2), if the use of any drug specified in the Fifth Schedule or any substance containing such drug onboard any ship, hovercraft, aircraft, autonomous vehicle, unmanned aircraft, unmanned vessel, vehicle or train or by any person searched under that subsection is authorised by the Director, that drug or substance is not liable to seizure under that subsection. [30/2012; 1/2019] |
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| Procedure when person entitled to seized item is known, unknown or cannot be found |
| 26A.—(1) Subject to subsections (2) to (11), if a relevant officer determines that any seized item is not required for the purposes of any investigation or proceedings for any offence under this Act, the relevant officer may return the seized item to the owner of the seized item, or any person authorised by the owner. [1/2019] (2) If the owner of any seized item is known, a relevant officer must notify the owner to claim the seized item, and such notification may be given —| (a) | by posting a written notice to the owner of the seized item at the owner’s usual or last known place of residence or business in Singapore; or | | (b) | in such other manner as the relevant officer thinks expedient. [1/2019] |
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| (3) If the owner or the person authorised by the owner does not claim the seized item within one month after the notification is given under subsection (2), any relevant officer may cause to be sold, or otherwise dispose of, the seized item but only after giving one month’s notice in the Gazette of the relevant officer’s intention to do so. [1/2019] |
| (4) Despite subsection (3), if the value of the seized item is, in the opinion of the Director, less than $500, any relevant officer may cause the seized item to be sold or disposed of at any time. [1/2019] |
| (5) If the owner or the person authorised by the owner claims the seized item after it is sold under subsection (3) or (4), the owner is only entitled to the net proceeds. [1/2019] |
| (6) If the owner of a seized item is unknown or cannot be found, a relevant officer must issue a public notice, specifying the seized item and requiring any person who has a claim to it to appear before the relevant officer and establish the person’s claim within 6 months after the date of the public notice. [1/2019] |
| (7) Every public notice under subsection (6) must be published in the Gazette or any daily newspaper but only if, in the opinion of the Director, the value of the seized item is at least $1,000. [1/2019] |
| (8) If no person establishes a claim to the seized item within one month after the publication of a public notice issued under subsection (6), and if the person in whose possession the seized item was found cannot show he or she had legally acquired it, then the seized item may be sold on the order of a relevant officer. [1/2019] |
| (9) Despite subsection (8), if the value of the seized item is, in the opinion of the Director, less than $1,000, or if keeping the seized item involves unreasonable expense or inconvenience, a relevant officer may cause the seized item to be sold or disposed of at any time. [1/2019] |
| (10) If no person has established a claim to the seized item within 6 months after the publication of the public notice mentioned in subsection (6), the ownership of the seized item or (if sold) its net proceeds is to pass and be vested in the Government absolutely. [1/2019] |
| (11) If a person establishes the person’s claim to the seized item within 6 months after the publication of the public notice mentioned in subsection (6), and the seized item has already been sold by a relevant officer, that person is only entitled to the net proceeds. [1/2019] |
| (12) This section applies in relation to any ship, hovercraft, aircraft, vehicle or train even though it was seized before 1 August 2019. [1/2019] |
(13) In this section —| “relevant officer” means any Deputy Director of the Central Narcotics Bureau appointed under section 3(1) or any person authorised by the Deputy Director; |
| “seized item” means any ship, hovercraft, aircraft, autonomous vehicle, unmanned aircraft, unmanned vessel, component of the autonomous system of an autonomous vehicle or unmanned vessel, or component of an unmanned aircraft system, vehicle or train that is seized under section 24 or 26. [1/2019] |
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| Forfeiture of controlled drugs, controlled substances and articles seized |
27.—(1) Subject to subsection (2), where anything is seized under this Act and the owner of that thing is known, the officer who carried out the seizure must notify the owner of the thing, and the notice may be given —| (a) | by delivering a written notice to the owner personally; | | (b) | by posting a written notice to the owner’s place of residence; or | | (c) | in any other manner that the officer thinks expedient. [Act 12 of 2023 wef 01/06/2023] |
| (2) The notice under subsection (1) is not required to be given where the seizure is made in the presence of the offender or the owner or his or her agent, or in the case of a ship or an aircraft, in the presence of the master or captain thereof. |
| (3) An order for the forfeiture of any controlled drug, controlled substance or article is to be made if it is proved to the satisfaction of a court that an offence under this Act has been committed and that such drug, substance or article was the subject matter of or was used in the commission of the offence even though no person may have been convicted of that offence. |
| (4) If there is no prosecution with regard to any controlled drug, controlled substance or article seized under this Act, that drug, substance or article is deemed to be forfeited to the Government on the expiry of one month from the date of the seizure thereof unless a claim thereto has been made before that date in such manner as may be prescribed. [1/2019] |
| (5) Any drug specified in the Fifth Schedule or any substance containing such drug is deemed to be forfeited to the Government on the expiry of one month after the date of the seizure thereof unless a claim thereto has been made before that date in such manner as may be prescribed. [30/2012; 1/2019] |
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| Forfeiture of ship, hovercraft, etc. |
| 28.—(1) Where a person has been convicted of an offence under this Act, the court may order to be forfeited to the Government any ship, hovercraft, aircraft, unmanned aircraft, unmanned vessel, component of the autonomous system of an unmanned vessel, or component of an unmanned aircraft system which has been proved to have been used in any manner in connection with the offence. [1/2019] | (2) Where a person has been convicted of an offence under this Act, the court is to, upon the application of the Public Prosecutor, order to be forfeited to the Government any vehicle, autonomous vehicle, or component of the autonomous system of the autonomous vehicle which has been proved to have been used in any manner in connection with the offence. [1/2019] |
| (3) This section does not apply to any ship, hovercraft or unmanned vessel of more than 200 tons net or to any aircraft or unmanned aircraft belonging to any person carrying on a regular passenger service to and from Singapore by means of that aircraft. [1/2019] |
| (4) Any ship, hovercraft, aircraft, vehicle, autonomous vehicle, unmanned aircraft, unmanned vessel, component of the autonomous system of an autonomous vehicle or unmanned vessel, or component of an unmanned aircraft system, must not be forfeited under this section if its owner establishes that the ship, hovercraft, aircraft, vehicle, autonomous vehicle, unmanned aircraft or unmanned vessel was unlawfully in the possession of another person without the owner’s consent. [1/2019] |
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| Disposal of things forfeited |
29.—(1) All things which are forfeited to the Government under this Act are to be disposed of in such manner as the Minister thinks fit.| (2) The Minister may, in his or her discretion and after any proceedings under this Act are concluded, entertain and give effect to any claim to or in respect of anything which has been forfeited to the Government. |
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| Obstruction of inspection or search |
30.—(1) It shall be an offence for a person to —| (a) | obstruct any officer of the Bureau, police officer, officer of customs or other public officer in the exercise of any power under this Act; | | (b) | fail to comply with any lawful requirement of any officer of the Bureau, police officer, officer of customs or other public officer in the execution of his or her duty under this Act; | | (c) | without reasonable excuse, fail to furnish such information in his or her possession as may be required by any officer of the Bureau, police officer, officer of customs or other public officer; or | | (d) | furnish to any officer of the Bureau, police officer, officer of customs or other public officer any information which the person knows or has reason to believe to be false. |
| (2) In subsection (1), “public officer” includes any special police officer exercising any power under section 24, 25 or 26. [1/2019] [Act 12 of 2023 wef 01/06/2023] |
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31.—(1) Any officer of the Bureau, immigration officer or police officer not below the rank of sergeant may, if he or she reasonably suspects any person to have committed an offence under section 8(b), require that person to provide a specimen of the person’s urine for urine tests to be conducted under this section.(1A) The Director may, for the purpose of ensuring that a relevant person is no longer a drug addict, after the relevant time, order the relevant person —| (a) | to present himself or herself to any officer of the Bureau, immigration officer or police officer not below the rank of sergeant; and | | (b) | to provide a specimen of the relevant person’s urine for urine tests to be conducted under this section as required by such officer. [1/2019] |
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| (1B) Any serviceman in the Singapore Armed Forces who is appointed by the Minister as an enforcement officer may, if the enforcement officer reasonably suspects a person subject to military law under section 3 of the Singapore Armed Forces Act 1972 to have committed an offence under section 8(b), require that person to provide a specimen of that person’s urine for urine tests to be conducted under this section. [1/2019] |
| (2) A person who, without reasonable excuse, fails to provide a specimen of his or her urine within such time as may be required by any of the officers referred to in subsection (1), (1A) or (1B) shall be guilty of an offence. [1/2019] |
| (2A) A person who, without reasonable excuse, fails to comply with an order under subsection (1A) shall be guilty of an offence. [1/2019] |
(3) Any person (other than a citizen of Singapore or a permanent resident of Singapore) arriving in Singapore by land, sea or air who —| (a) | fails to comply with the requirement of an immigration officer under this section; or | | (b) | is found as a result of urine tests conducted under subsection (4)(a) or (b) to have consumed a controlled drug, |
| may be prohibited from entering or remaining in Singapore. |
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(4) A specimen of urine provided under this section must be divided into 3 parts and dealt with, in such manner and in accordance with such procedure as may be prescribed, as follows:| (a) | a preliminary urine test must be conducted on one part of the urine specimen; and | | (b) | each of the remaining 2 parts of the urine specimen must be marked and sealed and a urine test must be conducted on each part by a different person, being either an analyst employed by the Health Sciences Authority or any person as the Minister may, by notification in the Gazette, appoint for such purpose. |
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| (5) Despite subsection (4), where upon conducting any preliminary urine test under subsection (4)(a), a part of a urine specimen has tested negative for controlled drugs, any of the officers referred to in subsection (1), (1A) or (1B) may either discard the remaining 2 parts of the same urine specimen or proceed in accordance with subsection (4)(b). [30/2012; 1/2019] |
| (6) A certificate stating the result of a urine test must be signed by an analyst employed by the Health Sciences Authority or any other person that the Minister, by notification in the Gazette, appoints for such purpose. [30/2012] |
| (7) The certificate stating the result of a urine test may be signed by an analyst or person appointed under subsection (6) even though he or she did not personally conduct the test to analyse the urine specimen as long as the test was conducted by another person acting under his or her direction. [30/2012] |
| (8) In this section, a specimen of urine may be collected from a person on different occasions within the time referred to in subsection (2). [30/2012] |
(9) In this section and section 31A —“relevant person” means —| (a) | any person discharged from an approved institution; | | (b) | any person convicted of an offence, whether before, on or after the date of commencement of section 21(1)(d) of the Misuse of Drugs (Amendment) Act 2023, under —| (i) | subsection (2); | | (ii) | section 8(b) or 31A(2); | | (iii) | section 26 of the Singapore Armed Forces Act 1972 involving the consumption of a controlled drug; or | | (iv) | section 34 of the Singapore Armed Forces Act 1972 for the consumption of a controlled drug; [Act 12 of 2023 wef 01/06/2023] |
| | (c) | any person subject to a supervision order made under section 34(2)(a) whose supervision order has lapsed; or | | (d) | any person who —| (i) | after having undergone treatment and rehabilitation at approved or other institutions; or | | (ii) | after having been convicted of an offence under subsection (2) or section 8(b) or 31A(2) or an offence under section 34 of the Singapore Armed Forces Act 1972 for the consumption of a controlled drug, [Act 12 of 2023 wef 01/06/2023] |
| has been subject to a supervision order made pursuant to the regulations, and the supervision order has lapsed; |
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“relevant time” means —| (a) | in relation to a person mentioned in paragraph (a) of the definition of “relevant person”, the time the person is discharged from the approved institution; | | (b) | in relation to a person mentioned in paragraph (b) of the definition of “relevant person”, the time the person is convicted of the offence under —| (i) | subsection (2); | | (ii) | section 8(b) or 31A(2); | | (iii) | section 26 of the Singapore Armed Forces Act 1972 involving the consumption of a controlled drug; or | | (iv) | section 34 of the Singapore Armed Forces Act 1972 for the consumption of a controlled drug; [Act 12 of 2023 wef 01/06/2023] |
| | (c) | in relation to a person mentioned in paragraph (c) of the definition of “relevant person”, the time the supervision order lapses; or | | (d) | in relation to a person mentioned in paragraph (d) of the definition of “relevant person”, the time the supervision order lapses. [1/2019] |
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| 31A.—(1) Any officer of the Bureau, immigration officer or police officer not below the rank of sergeant may, if he or she reasonably suspects any person to have committed an offence under section 8(b), require that person to provide specimens of the person’s hair for a hair test to be conducted under this section. [30/2012] (1A) The Director may, for the purpose of ensuring that a relevant person is no longer a drug addict, after the relevant time, order the relevant person —| (a) | to present himself or herself to any officer of the Bureau, immigration officer or police officer not below the rank of sergeant; and | | (b) | to provide specimens of the relevant person’s hair for a hair test to be conducted under this section as required by such officer. [1/2019] |
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| (2) A person who, without reasonable excuse, fails to provide specimens of his or her hair of such type and quantity as may be required by any of the officers referred to in subsection (1) or (1A) shall be guilty of an offence. [30/2012; 1/2019] |
| (2A) A person who, without reasonable excuse, fails to comply with an order under subsection (1A) shall be guilty of an offence. [1/2019] |
| (3) All specimens of hair provided under this section must be marked and sealed for hair testing in accordance with the prescribed procedure. [30/2012] |
| (4) A certificate stating the result of a hair test must be signed by an analyst employed by the Health Sciences Authority or any other person that the Minister, by notification in the Gazette, appoints for such purpose. [30/2012] |
| (5) The certificate stating the result of a hair test may be signed by an analyst or person appointed under subsection (4) even though he or she did not personally conduct the test to analyse the specimens of hair as long as the test was conducted by another person acting under his or her direction. [30/2012] |
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| 31B.—(1) Any officer of the Bureau, immigration officer or police officer not below the rank of sergeant may, if the officer reasonably suspects any person to have committed an offence under section 8(b), require that person to provide one or more specimens of the person’s oral fluid for the purpose of conducting any oral fluid test. [1/2019] | (2) A person who, without reasonable excuse, fails to provide any specimen of the person’s oral fluid as required under subsection (1) shall be guilty of an offence. [1/2019] |
(3) In this section —| “oral fluid test” means a test carried out by an oral fluid testing device for the purpose of ascertaining whether any controlled drug is present in the person’s oral fluid; |
| “oral fluid testing device” means any device that is designed to indicate the presence of any controlled drug in the person’s oral fluid. [1/2019] |
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| Power of investigation of officers of Bureau |
| 32.—(1) In any case relating to the commission of an offence under this Act, an officer of the Bureau has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into an arrestable offence. [Act 12 of 2023 wef 01/06/2023] | (1A) Where any search is conducted by an officer of the Bureau under section 24 or 26 in relation to a drug specified in the Fifth Schedule or any substance containing such drug, the officer may examine orally any person found within the place searched and section 22 of the Criminal Procedure Code 2010 applies, with the necessary modifications, to any statement made by any person so examined. [30/2012] |
(2) In any case relating to the commission of an offence under the regulations —| (a) | where the offence is an arrestable offence, an officer of the Bureau has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into an arrestable offence; and [Act 12 of 2023 wef 01/06/2023] | | (b) | where the offence is a non-arrestable offence, an officer of the Bureau has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into a non-arrestable offence. [Act 12 of 2023 wef 01/06/2023] |
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| (3) For the purposes of subsections (1) and (2)(a), when an officer of the Bureau is exercising the powers of a police officer under the Criminal Procedure Code 2010, the officer of the Bureau is deemed to be an officer not below the rank of inspector of police. [15/2010] |
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| Officer of Bureau to be armed |
| 32A. Every officer of the Bureau is to be provided with such staves, arms, ammunition and other accoutrements as may be necessary for the effective discharge of his or her duties. |
| 33.—(1) Except as provided in subsection (3B), (4A), (4B) or (4C) or under section 33A, the Second Schedule has effect, in accordance with subsections (2) and (3), with respect to the way in which offences under this Act are punishable on conviction. [30/2012; 1/2019] [Act 12 of 2023 wef 01/06/2023] (2) In relation to an offence under any provision of this Act specified in the first column of the Second Schedule (the general nature of the offence being described in the second column thereof) —| (a) | the third, fourth and fifth columns show, respectively, the punishments to be imposed on a person convicted of the offence according to whether the controlled drug in relation to which the offence was committed was a Class A drug, a Class B drug or a Class C drug, except as otherwise provided in paragraph (b); | | (b) | the sixth column shows the punishments to be imposed on a person convicted of the offence where the offence was committed —| (i) | in the case of unauthorised manufacture, in relation to such specified controlled drug as is mentioned in the second column; and | | (ii) | in the case of unauthorised traffic, import or export or possession, in relation to a specified quantity of such controlled drug or to a controlled drug (except opium) containing such quantity of morphine or diamorphine as is mentioned in the second column; and [Act 12 of 2023 wef 01/06/2023] |
| | (c) | the seventh column shows the punishments to be imposed on a person convicted of the offence whether or not the offence was committed in relation to a controlled drug and, if it was so committed, irrespective of the nature of the drug. |
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| (3) In the third, fourth, fifth, sixth and seventh columns of the Second Schedule, a reference to a period gives the maximum or minimum term of imprisonment as is specified, a reference to a sum of money gives the maximum or minimum fine as is specified, and a reference to a number of strokes gives the number of strokes of caning with which the offender shall, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, be punished. [15/2010] |
| (3A) Any person convicted of an offence under section 8(b), 31(2) or 31A(2) that is committed on or after 1 April 2019 shall on conviction be punished with imprisonment for a term of not less than one year but not more than 10 years and shall also be liable to a fine not exceeding $20,000, unless the person is punished under subsection (4), (4AA) or (4AB) or section 33A (as the case may be) for that same offence. [1/2019] |
(3B) If a person —| (a) | has a previous conviction under section 8(a); and | | (b) | is convicted of an offence under section 8(a) that the sixth column of the Second Schedule specifies is subject to this subsection, |
| that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years and shall also be liable to a fine not exceeding $20,000. |
[Act 12 of 2023 wef 01/06/2023] |
| (4) If any person who has a previous conviction under section 8(b) or 31(2) is again convicted of an offence under section 8(b) or 31(2), he or she shall on conviction be punished with imprisonment for a term of not less than 3 years unless he or she is punished under section 33A for that same offence. [1/2019] |
(4AA) If a person —| (a) | has —| (i) | a previous conviction under section 31A(2); | | (ii) | a previous admission under section 34(2) to an approved institution; or | | (iii) | a previous conviction for an offence of consumption of a controlled drug under section 34 of the Singapore Armed Forces Act 1972; and [Act 12 of 2023 wef 01/06/2023] |
| | (b) | is convicted of an offence under section 8(b) or 31(2), being an offence which is committed on or after 1 April 2019, |
| he or she shall on conviction be punished with imprisonment for a term of not less than 3 years unless he or she is punished under section 33A for that same offence. |
[1/2019] |
(4AB) If a person —| (a) | has —| (i) | a previous conviction under section 8(b), 31(2) or 31A(2); | | (ii) | a previous admission under section 34(2) to an approved institution; or | | (iii) | a previous conviction for an offence of consumption of a controlled drug under section 34 of the Singapore Armed Forces Act 1972; and [Act 12 of 2023 wef 01/06/2023] |
| | (b) | is convicted of an offence under section 31A(2), being an offence which is committed on or after 1 April 2019, |
| he or she shall on conviction be punished with imprisonment for a term of not less than 3 years unless he or she is punished under section 33A for that same offence. |
[1/2019] |
| (4AC) A certificate purporting to be signed by an officer authorised by the Commissioner of Prisons and purporting to relate to a person’s previous admission to an approved institution under this Act is admissible in evidence in any proceedings under this section, on its production by the prosecution without proof of signature. [1/2019] |
(4AD) A certificate —| (a) | purporting to be signed by the registrar for the subordinate military courts, or the registrar for the Military Court of Appeal, appointed under section 82(5)(c) of the Singapore Armed Forces Act 1972; and | | (b) | purporting to relate to a person’s previous conviction for an offence of consumption of a controlled drug under section 34 of the Singapore Armed Forces Act 1972, [Act 12 of 2023 wef 01/06/2023] |
| is admissible in evidence, in any proceedings under this section, on its production by the prosecution without proof of signature. |
[1/2019] |
| (4AE) The certificate mentioned in subsection (4AC) or (4AD) is, until the contrary is proved, evidence of the matters contained in it. [1/2019] |
(4A) Where —| (a) | any person is convicted of an offence under section 5(1) or 7; and | | (b) | that person is again convicted of an offence under section 5(1) or 7, |
| that person so convicted shall be punished with — |
| (c) | in relation to a Class A drug —| (i) | imprisonment for a term of not less than 10 years and not more than 30 years; and | | (ii) | not less than 10 strokes and not more than 15 strokes of the cane; |
| | (d) | in relation to a Class B drug —| (i) | imprisonment for a term of not less than 6 years and not more than 30 years; and | | (ii) | not less than 6 strokes and not more than 15 strokes of the cane; and |
| | (e) | in relation to a Class C drug —| (i) | imprisonment for a term of not less than 4 years and not more than 20 years; and | | (ii) | not less than 4 strokes and not more than 15 strokes of the cane. [30/2012] |
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(4B) If a person 21 years of age or older is convicted of an offence under section 5(1) or 7 and the intended recipient of the controlled drug which is, or is to be, trafficked is a young person or a vulnerable person, that person so convicted shall be punished with —| (a) | in relation to a Class A drug —| (i) | imprisonment for a term of not less than 10 years and not more than 30 years; and | | (ii) | not less than 10 strokes and not more than 15 strokes of the cane; |
| | (b) | in relation to a Class B drug —| (i) | imprisonment for a term of not less than 6 years and not more than 30 years; and | | (ii) | not less than 6 strokes and not more than 15 strokes of the cane; and |
| | (c) | in relation to a Class C drug —| (i) | imprisonment for a term of not less than 4 years and not more than 20 years; and | | (ii) | not less than 4 strokes and not more than 15 strokes of the cane. [30/2012] |
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(4C) If a person 21 years of age or older is convicted of an offence under section 11A and the gathering consists of any young person or vulnerable person, that person so convicted shall be punished with —| (a) | imprisonment for a term of not less than 5 years and not more than 20 years; and | | (b) | not less than 3 strokes and not more than 10 strokes of the cane. [30/2012] |
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| (4D) The punishment provided under subsection (4A) or (4B) in relation to an offence applies only if the punishment as shown in the sixth column of the Second Schedule is not applicable in relation to that offence. [30/2012] |
(5) For the purposes of this section —| (aa) | a previous conviction under section 8(a) means a conviction under section 8(a) at any time before, on or after the date of commencement of section 25(1)(c) of the Misuse of Drugs (Amendment) Act 2023; [Act 12 of 2023 wef 01/06/2023] | | (a) | a conviction under section 8(b) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972 at any time on or after 1 October 1992 is deemed to be a previous conviction under section 8(b); | | (b) | a conviction under section 31(2) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972 at any time on or after 1 October 1992 is deemed to be a previous conviction under section 31(2); | | (c) | a conviction under section 31A(2) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972 at any time on or after 1 May 2013 is deemed to be a previous conviction under section 31A(2); | | (d) | a conviction under section 34 of the Singapore Armed Forces Act 1972 on or after 1 April 2019 is deemed to be a previous conviction under section 34 of the Singapore Armed Forces Act 1972; | | (e) | “admission” means an admission under section 34(2) to an approved institution at any time on or after 1 October 1992; and | | (f) | “convicted of an offence”, in relation to an offence under section 8(b), 31(2) or 31A(2), includes a conviction by a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972. [1/2019] |
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| Punishment for repeat consumption of specified drugs |
33A.—(1) Where a person who has not less than —| (a) | 2 previous admissions; | | (b) | 2 previous convictions for consumption of a specified drug under section 8(b); | | (c) | 2 previous convictions for an offence of failure to provide a urine specimen under section 31(2); | | (d) | one previous admission and one previous conviction for consumption of a specified drug under section 8(b); | | (e) | one previous admission and one previous conviction for an offence of failure to provide a urine specimen under section 31(2); or | | (f) | one previous conviction for consumption of a specified drug under section 8(b) and one previous conviction for an offence of failure to provide a urine specimen under section 31(2), |
| is convicted of an offence under section 8(b) for consumption of a specified drug or an offence of failure to provide a urine specimen under section 31(2), the person shall on conviction be punished with — |
| (g) | imprisonment for a term of not less than 5 years and not more than 7 years; and | | (h) | not less than 3 strokes and not more than 6 strokes of the cane. |
(1A) Where a person who has not less than —| (a) | 2 previous admissions; | | (b) | 2 previous convictions for consumption of a specified drug under section 8(b); | | (c) | 2 previous convictions for an offence of failure to provide a urine specimen under section 31(2); | | (d) | one previous admission and one previous conviction for consumption of a specified drug under section 8(b); | | (e) | one previous admission and one previous conviction for an offence of failure to provide a urine specimen under section 31(2); or | | (f) | one previous conviction for consumption of a specified drug under section 8(b) and one previous conviction for an offence of failure to provide a urine specimen under section 31(2), |
| is convicted of an offence under section 31A(2) for failure to provide a hair specimen, being an offence that is committed on or after 1 April 2019, the person shall on conviction be punished with the same punishment mentioned in subsection (1). |
[1/2019] |
(1B) Where a person who has not less than —| (a) | 2 previous convictions for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972; [Act 12 of 2023 wef 01/06/2023] | | (b) | one previous admission and one previous conviction for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972; [Act 12 of 2023 wef 01/06/2023] | | (c) | one previous conviction for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972 and one previous conviction for an offence of failure to provide a urine specimen under section 31(2); [Act 12 of 2023 wef 01/06/2023] | | (d) | 2 previous convictions for an offence of failure to provide a hair specimen under section 31A(2); | | (e) | one previous admission and one previous conviction for an offence of failure to provide a hair specimen under section 31A(2); | | (f) | one previous conviction for consumption of a specified drug under section 8(b) and one previous conviction for an offence of failure to provide a hair specimen under section 31A(2); | | (g) | one previous conviction for consumption of a specified drug under section 8(b) and one previous conviction for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972; [Act 12 of 2023 wef 01/06/2023] | | (h) | one previous conviction for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972, and one previous conviction for an offence of failure to provide a hair specimen under section 31A(2); or [Act 12 of 2023 wef 01/06/2023] | | (i) | one previous conviction for an offence of failure to provide a urine specimen under section 31(2) and one previous conviction for an offence of failure to provide a hair specimen under section 31A(2), |
| is convicted of an offence of consumption of a specified drug under section 8(b), an offence of failure to provide a urine specimen under section 31(2), or an offence of failure to provide a hair specimen under section 31A(2), being an offence that is committed on or after 1 April 2019, the person shall on conviction be punished with the same punishment mentioned in subsection (1). |
[1/2019] |
(2) Where a person who has been convicted under subsection (1), (1A) or (1B) is again convicted of an offence for consumption of a specified drug under section 8(b), an offence of failure to provide a urine specimen under section 31(2), or an offence of failure to provide a hair specimen under section 31A(2), the person shall on conviction be punished with —| (a) | imprisonment for a term of not less than 7 years and not more than 13 years; and | | (b) | not less than 6 strokes and not more than 12 strokes of the cane. [1/2019] |
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| (3) A certificate purporting to be signed by an officer authorised in writing by the Commissioner of Prisons and purporting to relate to a person’s previous admission to an approved institution under this Act is admissible in evidence in any proceedings under this section, on its production by the prosecution without proof of signature; and, until the contrary is proved, that certificate is evidence of all matters contained in it. [1/2014] |
| (4) A certificate purporting to be signed by the Registrar for the subordinate military courts or for the Military Court of Appeal appointed under section 82(5) of the Singapore Armed Forces Act 1972 is admissible in evidence, in any proceedings under this section, on its production by the prosecution without proof of signature; and, until the contrary is proved, that certificate is evidence of a person’s previous conviction by a subordinate military court or the Military Court of Appeal. |
(5) For the purposes of this section —| (a) | a conviction under section 8(b) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972 at —| (i) | any time on or after 1 October 1992 but before the relevant date for the consumption of a controlled drug which, on the date of any subsequent conviction, is specified in the Fourth Schedule; or | | (ii) | any time on or after the relevant date for the consumption of a specified drug, |
| is deemed to be a previous conviction for consumption of a specified drug under section 8(b); |
| | (b) | a conviction under section 31(2) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972 at any time on or after 1 October 1992 is deemed to be a previous conviction for an offence of failure to provide a urine specimen under section 31(2); | | (ba) | a conviction under section 31A(2) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972 at any time on or after 1 May 2013 is deemed to be a previous conviction for an offence of failure to provide a hair specimen under section 31A(2); | | (bb) | a conviction under section 34 of the Singapore Armed Forces Act 1972 on or after 1 April 2019 for an offence of consumption of a controlled drug that is a specified drug is deemed to be a previous conviction for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972; [Act 12 of 2023 wef 01/06/2023] | | (c) | “admission” means an admission under section 34(2) to an approved institution at —| (i) | any time on or after 1 October 1992 but before the relevant date for the consumption of a controlled drug which, on the date of any subsequent conviction, is specified in the Fourth Schedule; or | | (ii) | any time on or after the relevant date for the consumption of a specified drug; |
| | (ca) | “convicted of an offence”, in relation to an offence under section 8(b), 31(2) or 31A(2), includes a conviction by a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972; and | | (d) | “relevant date” —| (i) | in relation to a conviction or admission for consumption of diamorphine, morphine or opium, means 20 July 1998; and | | (ii) | in relation to a conviction or admission for consumption of any drug added to the Fourth Schedule after 20 July 1998, means the date on which the amendment to that Schedule for the inclusion of such drug commences. [1/2019] |
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| Discretion of court not to impose sentence of death in certain circumstances |
33B.—(1) Where a person commits or attempts to commit an offence under section 5(1) or 7, being an offence punishable with death under the sixth column of the Second Schedule, and the person is convicted thereof, the court —| (a) | may, if the person satisfies the requirements of subsection (2), instead of imposing the death penalty, sentence the person to imprisonment for life and, if the person is sentenced to life imprisonment, the person shall also be sentenced to caning of not less than 15 strokes; or | | (b) | shall, if the person satisfies the requirements of subsection (3), instead of imposing the death penalty, sentence the person to imprisonment for life. [30/2012] |
(2) The requirements referred to in subsection (1)(a) are as follows:| (a) | the person convicted proves, on a balance of probabilities, that his or her involvement in the offence under section 5(1) or 7 was restricted —| (i) | to transporting, sending or delivering a controlled drug; | | (ii) | to offering to transport, send or deliver a controlled drug; | | (iii) | to doing or offering to do any act preparatory to or for the purpose of his or her transporting, sending or delivering a controlled drug; or | | (iv) | to any combination of activities in sub‑paragraphs (i), (ii) and (iii); and |
| | (b) | the Public Prosecutor certifies to any court that, in his or her determination, the person has substantively assisted the Central Narcotics Bureau in disrupting drug trafficking activities within or outside Singapore. [30/2012] |
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(3) The requirements referred to in subsection (1)(b) are that the person convicted proves, on a balance of probabilities, that —| (a) | his or her involvement in the offence under section 5(1) or 7 was restricted —| (i) | to transporting, sending or delivering a controlled drug; | | (ii) | to offering to transport, send or deliver a controlled drug; | | (iii) | to doing or offering to do any act preparatory to or for the purpose of his or her transporting, sending or delivering a controlled drug; or | | (iv) | to any combination of activities in sub‑paragraphs (i), (ii) and (iii); and |
| | (b) | he or she was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his or her mental responsibility for his or her acts and omissions in relation to the offence under section 5(1) or 7. [30/2012] |
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| (4) The determination of whether or not any person has substantively assisted the Central Narcotics Bureau in disrupting drug trafficking activities shall be at the sole discretion of the Public Prosecutor and no action or proceeding shall lie against the Public Prosecutor in relation to any such determination unless it is proved to the court that the determination was done in bad faith or with malice. [30/2012] |
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