PART 5B 50E.—(1) This Part makes provision for the remission of sentences for the purpose of —| (a) | encouraging good conduct and industry by prisoners who are serving their sentences; and | | (b) | facilitating the rehabilitation of prisoners and their reintegration into society. [1/2014] |
| (2) Nothing in this Part applies to prisoners committed for debt. [1/2014] |
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| Prisoner entitled to be released when remission order made, etc. |
50F.—(1) A prisoner is entitled to be released on the day —| (a) | a remission order is made in respect of the prisoner; or | | (b) | the prisoner’s sentence of imprisonment is remitted. [1/2014] |
| (2) A person who is released and at large under a remission order is deemed not to be in the legal custody of the Commissioner. [1/2014] |
| (3) Every remission order has effect starting from the date the remission order is made. [1/2014] |
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| Division 2 — Remission orders |
| 50G. This Division applies where a prisoner is sentenced to one or more terms of imprisonment that is not a default sentence, and is not also sentenced to life imprisonment. [1/2014] |
| 50H.—(1) Subject to subsections (2) and (3), a prisoner is, upon his or her admission to prison, entitled to have his or her sentence remitted in accordance with and subject to the provisions of this Act. [1/2014] | (2) A prisoner who is sentenced to an aggregate term of imprisonment of 14 days or less is not entitled to have his or her sentence remitted. [1/2014] |
(3) A prisoner is not entitled to have his or her sentence of imprisonment remitted if his or her sentence of imprisonment consists wholly of —| (a) | one or more terms of imprisonment imposed as enhanced sentences under section 50T(1)(a); | | (b) | one or more terms of imprisonment imposed for offences under section 50Y(1); or | | (c) | any combination of paragraphs (a) and (b). [1/2014] |
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| When must remission order be made |
50I.—(1) The Commissioner must make a remission order in respect of a prisoner —| (a) | unless paragraph (b) applies, on the day after the day the prisoner has served whichever of the following that ends later:| (i) | two-thirds of all the consecutive terms of imprisonment to which the prisoner was sentenced; | | (ii) | 14 days of the prisoner’s sentence; and |
| | (b) | where the prisoner is sentenced to any enhanced sentence under section 50T(1)(a), or for any offence under section 50Y(1), and to any other sentence of imprisonment, on the day after the day the prisoner has served whichever of the following that ends later:| (i) | the aggregate of —| (A) | all the terms of imprisonment to which the prisoner was sentenced as enhanced sentence under section 50T(1)(a), or for any offence under section 50Y(1); and | | (B) | two-thirds of all the other consecutive terms of imprisonment (if any) to which the prisoner was sentenced; |
| | (ii) | 14 days of the prisoner’s sentence. [1/2014] |
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(2) Despite subsection (1), in determining whether a sentence is served for the purposes of making a remission order under subsection (1), each of the following periods, or if there is more than one such period, the aggregate of those periods, is not reckonable:| (a) | one-third of any time which the prisoner is confined in a punishment cell under this Act; | | (b) | one-third of any time spent by the prisoner in a hospital through his or her own fault or malingering; | | (c) | any period of remission which is forfeited under this Act, unless the forfeited remission is restored by the Superintendent; | | (d) | any period of deferment which is ordered by the President under subsection (4); | | (e) | any other periods of time as may be prescribed. [1/2014] |
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| (3) The Commissioner may defer making a remission order by not longer than 3 weeks in order to enable the execution of any punishment ordered by the court and which on the date the remission order would have been made under subsection (1) if not for this subsection, has not been executed. [1/2014] [Act 6 of 2022 wef 02/09/2022] |
(4) When a prisoner commits an offence while serving his or her sentence, the President may order the Commissioner not to make a remission order, or to defer making a remission order by any period that the President may specify, if the President is of the opinion that the offence is a grave offence, having regard to all the following factors:| (a) | the nature of the offence; | | (b) | the punishment which the offence attracts; | | (c) | the circumstances in which the offence was committed; | | (d) | all other relevant circumstances. | | (a) A prisoner is sentenced to 2 years’ imprisonment for the offence of theft under section 379 of the Penal Code 1871 and one year’s imprisonment for the offence of cheating under section 417 of the Code. Both sentences are ordered to run consecutively and the aggregate sentence is ordered to take effect from 1 January 2013. The prisoner will have served the requisite portion of his or her sentence (2 years) on 31 December 2014, and the Commissioner will be required to make a remission order on 1 January 2015. |
| | (b) A prisoner is sentenced to one year’s imprisonment for the offence of theft under section 379 of the Penal Code 1871 and 2 years’ imprisonment as enhanced sentence under section 50T(1)(a). The prisoner’s sentence is ordered to take effect from 1 January 2013. The prisoner would have served the requisite portion of the sentence (2 years and 8 months) on 31 August 2015, and the Commissioner will be required to make a remission order on 1 September 2015. |
| | (c) A prisoner is sentenced to one year’s imprisonment for the offence of theft under section 379 of the Penal Code 1871. The sentence is ordered to take effect from 1 January 2013. While serving the sentence, the prisoner spent 3 months in hospital through his or her own fault. The Commissioner will be required to make a remission order on 1 October 2013. |
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[1/2014] |
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| Remission order when prisoner has served 20 years of sentence |
| 50J.—(1) Where a prisoner has served 20 years of his or her sentence but the Commissioner is not required to make a remission order under section 50I, the Minister must review the prisoner’s case and may, in the Minister’s discretion, direct the Commissioner to make a remission order in respect of the prisoner. [1/2014] (2) Where the Minister has refused to direct the Commissioner to make a remission order in respect of a prisoner under subsection (1), the Minister must, unless the prisoner is earlier released from imprisonment, review the Minister’s decision at intervals not exceeding 12 months each and may, in the Minister’s discretion, direct the Commissioner to make a remission order in respect of the prisoner. | | A prisoner is sentenced to a total of 24 years’ imprisonment. The sentence is ordered to take effect from 1 January 2013. After taking into account the various periods of time mentioned in section 50I(2), the Commissioner is required to defer making a remission order until 1 January 2035. However, the Minister must review the prisoner’s case on 1 January 2033 and may direct the Commissioner to make a remission order. If the Minister does not direct the Commissioner to make a remission order, the Minister must review his or her decision no later than 1 January 2034. |
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[1/2014] |
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| Effect of section 50I or 50J remission order on sentence |
50K.—(1) Where a remission order is made in respect of a prisoner under section 50I or 50J —| (a) | the remainder of the prisoner’s sentence, as determined in accordance with subsection (2), (3) or (4) (as the case may be) is suspended; and | | (b) | that remainder of the prisoner’s sentence is to be remitted when the remission order expires. [1/2014] |
(2) If the remission order is made under section 50I and no consecutive sentence is imposed on the prisoner in respect of whom the remission order is made, the remainder of the prisoner’s sentence is the period —| (a) | starting on the date the remission order is made; and | | (b) | ending at the end of the day on which the prisoner would have completed serving his or her entire sentence of imprisonment if no remission order had been made. [1/2014] |
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(3) If the remission order is made under section 50I and 2 or more consecutive sentences are imposed on the prisoner in respect of whom the remission order is made, the remainder of the prisoner’s sentence is the period worked out according to the following steps:| (a) | first, apportion the total time (in days) the prisoner has spent serving his or her aggregate sentence among each of the consecutive sentences (including default sentences) as if each sentence is served in the same proportion; | | (b) | second, work out the portion (in days) of each of the consecutive sentences (including default sentences) which is not served after taking into account the portion which is deemed under paragraph (a) as having been served; | | (c) | third, add the portion of each of the consecutive sentences (excluding default sentences) worked out under paragraph (b) which is not served. | | A prisoner is sentenced to 6 weeks’ imprisonment on 1 January 2013 for the offence of theft under section 379 of the Penal Code 1871, 6 weeks’ imprisonment for the offence of cheating under section 417 of the Code, and a default sentence of 3 weeks for the offence of house‑trespass under section 448 of the Code. All 3 sentences are ordered to run consecutively and the aggregate sentence is imprisonment for a term of 15 weeks (105 days). The Commissioner makes a remission order after the prisoner has served two‑thirds of his or her aggregate sentence, i.e. 70 days. When the remission order is made, the time spent by the prisoner serving his or her aggregate sentence will be divided between the 3 consecutive sentences such that the prisoner has served the same proportion of each sentence, i.e. 28 days in relation to the sentence for theft, 28 days in relation to the sentence for cheating, and 14 days in relation to the sentence for house‑trespass. The portion of the default sentence for house‑trespass which has not been served (7 days) will be remitted. The portions of the sentences for theft and cheating which have not been served (14 days each) will be aggregated and the aggregate (28 days) will be the remainder of the prisoner’s sentence, which will be suspended until the remission order expires, whereupon it will be remitted. |
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[1/2014] |
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(4) If the remission order is made under section 50J, the remainder of the prisoner’s sentence is the period worked out according to the following steps:| (a) | first, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served —| (i) | starting on the date of the remission order made under section 50J; and | | (ii) | ending at the end of the day immediately before the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J; |
| | (b) | second, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served —| (i) | starting on the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J; and | | (ii) | ending on the day the prisoner would have been released from prison had no remission order been made in respect of the prisoner; |
| | (c) | third, apportion the portion (in days) of the prisoner’s aggregate sentence worked out under paragraph (b) between each consecutive term of imprisonment (including default sentences) to which the prisoner was sentenced such that the same proportion of each sentence has not been served; | | (d) | fourth, work out the portion (in days) of all default sentences (if any) which has not been served under paragraph (c); | | (e) | fifth, subtract the portion of the prisoner’s sentence worked out under paragraph (d) from the portion of the prisoner’s unserved sentence worked out under paragraph (b); | | (f) | sixth, add the portion of the prisoner’s sentence worked out under paragraph (a) to the portion of the prisoner’s sentence worked out under paragraph (e). | | A prisoner is sentenced to a total of 25 years’ imprisonment, of which one year’s imprisonment is a default sentence. The sentence is ordered to take effect from 1 January 2013. The last day of the prisoner’s sentence if no remission order is made would be 31 December 2037. After taking into account the various periods of time mentioned in section 50I(2), the Commissioner is required to defer making a remission order until 1 November 2033. The Minister reviewed the prisoner’s case on 1 January 2033 and directed the Commissioner to make a remission order under section 50J on the same day. The period starting on 1 November 2033 and ending on 31 December 2037 (4 years and 2 months) will be apportioned such that 2 months of the prisoner’s default sentence and 4 years of the prisoner’s other sentences of imprisonment has not been served. The 4 years will be added to the period starting on 1 January 2033 and ending on 31 October 2033 (10 months) and the total (4 years and 10 months) will be the remainder of the prisoner’s sentence. |
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[1/2014] |
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| (5) The portion of a default sentence worked out under subsections (3)(b) and (4)(d) as not having been served is remitted upon the making of the remission order. [1/2014] |
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| Duration of section 50I or 50J remission order |
50L. Unless extended under section 50M or 50N, a remission order in respect of a prisoner made under section 50I or 50J —| (a) | has effect for a period equal to the remainder of the prisoner’s sentence as determined under section 50K; and | | (b) | expires at the end of the period mentioned in paragraph (a). [1/2014] |
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| Extension of section 50I or 50J remission order |
50M.—(1) This section applies where —| (a) | a prisoner released on a remission order made under section 50I or 50J (called in this section the first remission order) is subsequently sentenced to one or more terms of imprisonment; | | (b) | a second remission order is made in respect of that term or those terms of imprisonment; and | | (c) | the first remission order is still in effect when the person is released on the second remission order. [1/2014] |
(2) Where this section applies —| (a) | the first and second remission orders are merged and deemed to be a single remission order made under section 50I; and | | (b) | the merged remission order expires on the day on which the first remission order would have expired, or the day on which the second remission order would have expired, whichever is the later. | | A prisoner is sentenced to 6 years’ imprisonment for offence A. The sentence takes effect from 1 January 2013. The Commissioner makes a remission order for the sentence on 1 January 2017. Under section 50L(b), the remission order will expire at the end of the day on 31 December 2018. On the prisoner’s release, the prisoner commits offence B and is sentenced to 2 years’ imprisonment for offence B. No enhanced sentence is imposed under section 50T. The sentence for offence B takes effect from 1 June 2017. The Commissioner makes a remission order for the sentence for offence B on 1 October 2018. Under section 50L(b) the remission order for the sentence for offence B will expire at the end of the day on 31 May 2019. Both remission orders will be merged and deemed to be one remission order, and the merged remission order will expire at the end of the day on 31 May 2019. |
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[1/2014] |
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| Extension of section 50I or 50J remission order when person released is unlawfully at large, etc. |
| 50N.—(1) Where a person who is released under a remission order made under section 50I or 50J is recalled to prison by the Commissioner under section 50X but fails to report at such prison and on such date specified in the notice of recall, that person’s remission order is extended by a period equivalent to the period the person remains unlawfully at large after the date so specified. [1/2014] | (2) Where the court issues a warrant of arrest against a person released under a remission order made under section 50I or 50J while the person’s remission order is still in effect, and the person remains at large after the warrant is issued, the person’s remission order is extended by a period equivalent to the period between the date the warrant is issued and the date of his or her arrest. [1/2014] |
(3) Where a person released under a remission order made under section 50I or 50J is otherwise unlawfully at large while the person’s remission order is still in effect, the person’s remission order is extended by a period equivalent to the period the person is unlawfully at large. | | The Commissioner makes a remission order in respect of a prisoner on 1 January 2013. The remission order expires at the end of the day on 31 December 2013. After the prisoner is released, the Commissioner issues a notice of recall to the prisoner under section 50X, requiring the prisoner to report at a specified prison on 15 December 2013. The prisoner remains unlawfully at large and only reports at the specified prison on 14 January 2014, i.e. 30 days later. The duration of the remission order will be extended by 30 days and it will now expire at the end of the day on 30 January 2014. |
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[1/2014] |
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Division 3 — Remission orders for prisoners
sentenced to life imprisonment |
50O. This Division applies to all of the following prisoners:| (a) | a prisoner who is sentenced to life imprisonment, for an offence committed on or after 21 August 1997, whether or not he or she is also sentenced to one or more terms of imprisonment; | | (b) | a prisoner whose sentence of death for an offence committed on or after 21 August 1997 is, or has been, commuted to life imprisonment under section 334 of the Criminal Procedure Code 2010 or section 238 of the repealed Criminal Procedure Code (Cap. 68, 1985 Revised Edition); | | (c) | a prisoner who is sentenced to be detained during the President’s pleasure under section 213 of the repealed Criminal Procedure Code (Cap. 68, 1985 Revised Edition). [1/2014] |
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| Review of sentences of life imprisonment, etc. |
| 50P.—(1) Subject to subsection (2), where a prisoner to whom this Division applies has served 20 years of his or her sentence, the Minister must review the prisoner’s case and may, in the Minister’s discretion, direct the Commissioner to make a remission order in respect of the prisoner. [1/2014] | (2) Where the Minister has refused to direct the Commissioner to make a remission order in respect of a prisoner under subsection (1), the Minister must, unless the prisoner is earlier released from imprisonment, review the Minister’s decision at intervals not exceeding 12 months each and may, in the Minister’s discretion, direct the Commissioner to make a remission order in respect of the prisoner. [1/2014] |
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| Effect of section 50P remission order |
50Q. When a remission order is made under section 50P in respect of a prisoner to whom this Division applies —| (a) | any default sentence to which the prisoner was sentenced is remitted; | | (b) | the sentence of life imprisonment and any other sentence of imprisonment imposed on the prisoner is suspended; and | | (c) | the sentences mentioned in paragraph (b) are remitted when the remission order expires. [1/2014] |
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| Duration of section 50P remission order |
50R. A remission order made under section 50P —| (a) | has effect for a period starting on the date of the remission order and ending at the end of the natural life of the person in respect of whom the remission order is made; and | | (b) | expires at the end of the period mentioned in paragraph (a). [1/2014] |
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| Division 4 — Basic condition of remission order |
| All remission orders subject to basic condition |
50S.—(1) It is the basic condition of every remission order made under Division 2 or 3 that the person released under the remission order —| (a) | must not commit any offence (not including an offence under section 50Y(1)) while the remission order is in effect; and | | (b) | must not be convicted of that offence and sentenced to any of the following:| (i) | a sentence of imprisonment (not including a default sentence); | | (ii) | corrective training; | | (iii) | reformative training; | | (iv) | preventive detention. [1/2014] |
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| (2) Where a person commits an offence in breach of the basic condition of his or her remission order, the person is deemed to have breached the basic condition on the date of the commission of the offence. [1/2014] |
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| Breach of basic condition and enhanced sentence |
50T.—(1) When a person commits an offence in breach of the basic condition of the person’s remission order made under Division 2 or 3, the court may, in addition to imposing any sentence on the person for that offence, impose an enhanced sentence for that offence as follows:| (a) | imprisonment for a term not exceeding the remaining duration of the remission order, as determined based on the date of the commission of the offence; or | | (b) | imprisonment for any term or for life, if the duration of the remission order is for the person’s natural life. [1/2014] |
(2) If a person commits 2 or more offences in breach of the basic condition of the person’s remission order made under Division 2 or 3 —| (a) | the court may, in addition to imposing any sentence on the person for those offences, impose an enhanced sentence under subsection (1) for each of those offences; and | | (b) | the aggregate length of all the enhanced sentences imposed under subsection (1) must not exceed the remaining duration of the remission order, as determined based on the date of the earliest offence committed. [1/2014] |
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(3) In deciding whether to impose any enhanced sentence under subsection (1) or (2) with respect to any offence, and if so the length of the enhanced sentence, the court is to consider —| (a) | the gravity of the offence; | | (b) | whether the offence is of a similar nature to the offence for which the person under a remission order was originally sentenced; | | (c) | the length of time for which the person did not commit any offence after being released under that remission order; and | | (d) | all other relevant circumstances. [1/2014] |
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| (4) For the purpose of this section, any extension of the duration of a remission order after the date of an offence committed in breach of its basic condition is to be disregarded in determining the remaining duration of a person’s remission order based on the date of that offence. [1/2014] |
(5) Despite any provision in any written law, a term of imprisonment imposed on any person as an enhanced sentence under this section must run consecutively to all other terms of imprisonment imposed on the person. | | A person is released under a remission order having effect from 1 June 2013 to 31 December 2013. On 15 July 2013 the remission order is extended for 7 days (i.e. to 7 January 2014) under section 50N(1) because the person failed to report at a prison after being recalled by the Commissioner. On 1 August 2013 the person commits offence A. On 30 September 2013 the remission order is extended for a further 10 days (i.e. to 17 January 2014) under section 50N(1). On 21 October 2013 the person commits offence B. The person is later sentenced to imprisonment for both offences A and B, rendering the person in breach of the basic condition of the person’s remission order on 1 August 2013 and again on 21 October 2013. The person’s enhanced sentence for offence A cannot exceed the length of the period from 1 August 2013 to 7 January 2014. The person’s enhanced sentence for offence B cannot exceed the length of the period from 21 October 2013 to 17 January 2014. The total length of the enhanced sentences for offences A and B cannot exceed the length of the period from 1 August 2013 to 7 January 2014. |
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[1/2014] |
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| Division 5 — Mandatory aftercare scheme |
50U.—(1) This Division applies where —| (a) | a remission order is made under section 50I or 50J in respect of a prisoner; | | (b) | the prisoner’s remission order relates to a sentence (excluding a default sentence) for an offence which is specified in the First Schedule at the time the offence was committed; | | (c) | the prisoner’s sentence for the offence, aggregated with any other consecutive term of imprisonment (excluding a default sentence) to which he or she was sentenced, is longer than the minimum sentence (if any) which, at the time the offence was committed, is prescribed in the First Schedule in relation to the offence; | | (d) | the prisoner has a relevant antecedent for the offence, if any such antecedent has been prescribed in the First Schedule in relation to the offence at the time the offence was committed; and | | (e) | the prisoner is not subject to an order removing him or her from Singapore under the Immigration Act 1959. [1/2014] |
(2) This Division also applies where —| (a) | a remission order is made under section 50I or 50J in respect of a prisoner —| (i) | who is not, on the prisoner’s release, subject to an order removing him or her from Singapore under the Immigration Act 1959; and | | (ii) | whose sentence (excluding a default sentence) for any offence, aggregated with any other consecutive term of imprisonment (excluding a default sentence) to which the prisoner was sentenced, is longer than —| (A) | 15 years; or | | (B) | any other period that may be prescribed in substitution thereof at the time of the commission of the offence or, where 2 or more offences are committed, at the time of the offence earliest committed; or |
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| | (b) | a remission order is made under section 50P in respect of a prisoner who is not, on the prisoner’s release, subject to an order removing him or her from Singapore under the Immigration Act 1959. [1/2014] |
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| (3) To avoid doubt, where 2 remission orders are merged under section 50M and subsection (1) or (2) applies to any one of the remission orders which are merged, this Division applies to the merged remission order. [1/2014] |
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| Mandatory aftercare conditions and variations, etc. |
| 50V.—(1) The Commissioner may, in accordance with this section and for the purpose of facilitating a person’s rehabilitation and reintegration into society, require a person to whom this Division applies to comply with mandatory aftercare conditions. [1/2014] (2) The Commissioner may, by written notice, require a person to comply with all or any of the mandatory aftercare conditions specified in subsection (3) —| (a) | at any time while the remission order relating to the person is in effect; and | | (b) | for any period not extending beyond the expiry of the remission order. [1/2014] |
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(3) The mandatory aftercare conditions mentioned in subsection (2) are as follows:| (a) | the person subject to a remission order must attend any such counselling, therapy, test, assessment, and other activity for the purpose of facilitating the person’s rehabilitation and reintegration into society as the Commissioner may require, at any time and place that the Commissioner may specify in the notice under subsection (2); | | (b) | the person must report to provide a specimen of his or her urine or hair for testing at any time and place that the Commissioner may specify in the notice under subsection (2); | | (c) | the person must remain indoors at the person’s place of residence, or at any other place that the Commissioner may specify, at any time that the Commissioner may specify in the notice under subsection (2); | | (d) | the person must allow the Superintendent and any person authorised by the Superintendent to enter the person’s place of residence or any other place which the person is required to remain at to determine his or her compliance with any mandatory aftercare condition or for any purpose relating to his or her rehabilitation; | | (e) | to enable the electronic monitoring of the person’s whereabouts, the person must —| (i) | wear any electronic transmitting device issued by the Commissioner on any part of his or her person that the Commissioner may specify in the notice under subsection (2); | | (ii) | allow the Superintendent and any person authorised by the Superintendent to enter the person’s place of residence or any other place the person is required to remain at, to install, maintain, repair or retrieve any electronic monitoring device; | | (iii) | comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to the person or installed at the person’s place of residence or any other place he or she is required to remain at; | | (iv) | comply with all reporting requirements imposed on him or her; and | | (v) | not tamper with any electronic monitoring device issued to the person or installed at the person’s place of residence or any other place he or she is required to remain at, or otherwise prevent or obstruct the electronic monitoring of the person’s whereabouts; |
| | (f) | the person must comply with a notice of recall served on him or her under section 50X; and | | (g) | the person must comply with any other conditions for the purpose of facilitating his or her rehabilitation and reintegration into society that the Commissioner may specify in the notice under subsection (2). [1/2014] |
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(4) The Commissioner may, at any time by written notice served on a particular person —| (a) | vary, cancel or add to any mandatory aftercare condition specified in subsection (3); | | (b) | extend or reduce the period for which the person is subject to those mandatory aftercare conditions; and in the case of an extension, the extension must not extend beyond the expiry of the remission order; or | | (c) | waive, in any particular case, any of the mandatory aftercare conditions specified in subsection (3). |
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(5) The notice mentioned in subsection (4) must be served —| (a) | by delivering it personally to the person; or | | (b) | by any other means that may be prescribed. [1/2014] [Act 6 of 2022 wef 02/09/2022] |
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| Compliance not required when person detained, etc. |
50W. A person is not required to comply with any mandatory aftercare condition of the person’s remission order —| (a) | while he or she is admitted to and detained in an approved institution under the Misuse of Drugs Act 1973; | | (b) | while he or she is detained under the Criminal Law (Temporary Provisions) Act 1955; | | (c) | while he or she is imprisoned or otherwise in custody or detained under any other written law; | | (d) | to the extent that such condition is inconsistent with any condition of a supervision order made under the Misuse of Drugs Act 1973 in respect of the person; | | (e) | to the extent that such condition is inconsistent with any condition of a supervision order made under the Criminal Law (Temporary Provisions) Act 1955 in respect of the person; or | | (f) | in any other situations that may be prescribed. [1/2014] |
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| Minor breaches of mandatory aftercare condition |
50X.—(1) If the Commissioner is satisfied after due inquiry that a person has committed a minor breach of a mandatory aftercare condition of the person’s remission order, the Commissioner may do one or more of the following for the purpose of punishing the person:| (a) | administer a written warning to the person; | | (b) | extend the period for which the person is subject to any mandatory aftercare condition, except that the period must not extend beyond the expiry of the remission order; | | (c) | vary, cancel or add to the mandatory aftercare conditions of the person’s remission order; | | (d) | recall the person to prison for a specified period in accordance with this section. [1/2014] |
| (2) Subject to the limits in subsection (4), the Commissioner may recall a person to prison by serving upon him or her a notice of recall in accordance with subsection (3). [1/2014] |
(3) The notice of recall in subsection (2) —| (a) | must be served —| (i) | by delivering it personally to the person; or | | (ii) | by any other means that may be prescribed; |
| | (b) | may be served by a prison officer, a police officer or an auxiliary police officer; and | | (c) | must —| (i) | specify the prison to which the person is to report; | | (ii) | specify the date and time the person is required to report to the specified prison; and | | (iii) | specify, in days, the number of days for which the person is recalled. [1/2014] |
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(4) The Commissioner must not recall a person —| (a) | for a period exceeding 10 days at a time; | | (b) | for a cumulative period of more than 30 days; | | (c) | after the expiry of the remission order; or | | (d) | for a period extending beyond the expiry of the remission order. [1/2014] |
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(5) When the Commissioner recalls a person to prison under this section —| (a) | the person must, before he or she reports to prison, remain subject to the remission order; | | (b) | the person must, when he or she reports to prison, be imprisoned for the period of recall and is, while so imprisoned, deemed to be serving his or her sentence; and | | (c) | the person must, after he or she has served the period of recall in prison, be released and continue to be subject to his or her remission order to the extent that it continues to have effect. [1/2014] |
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| (6) If the person remains unlawfully at large after the time he or she is required to report to a prison by a notice of recall and is subsequently arrested, he or she must immediately be imprisoned for a period equivalent to the period of recall. [1/2014] |
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| Offence of serious breach of mandatory aftercare condition |
50Y.—(1) A person who commits a serious breach of a mandatory aftercare condition of his or her remission order shall be guilty of an offence and shall be liable on conviction to —| (a) | imprisonment for a term not exceeding the remaining duration of the remission order, as determined based on the date of the offence; or | | (b) | imprisonment for any term or for life, if the duration of the remission order is for life. [1/2014] |
(2) In deciding the punishment to be imposed for an offence under subsection (1), the court is to consider —| (a) | the gravity of the serious breach; | | (b) | the length of time for which the person did not commit any breach of a mandatory aftercare condition after being released under the remission order; | | (c) | whether the serious breach evidences a lack of commitment by the person to his or her rehabilitation and reintegration into society; and | | (d) | all other relevant circumstances. [1/2014] |
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(3) If a person commits 2 or more offences under subsection (1) —| (a) | the court may sentence the person under subsection (1) for each of those offences; and | | (b) | the aggregate length of all the sentences imposed under subsection (1) must not exceed the remaining duration of the remission order, as determined based on the date of commission of the first offence. [1/2014] |
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| (4) For the purpose of this section, any extension of the duration of a remission order after the date of commission of an offence under this section is to be disregarded in determining the remaining duration of a person’s remission order based on the date of commission of the offence. [1/2014] |
(5) Despite any provision in any written law, a term of imprisonment imposed under this section on any person runs consecutively to all other terms of imprisonment imposed on the person. | | A prisoner is released under a remission order having effect from 1 June 2013 to 31 December 2013. The remission order is subject to mandatory aftercare conditions for its whole duration. On 15 July 2013 the remission order is extended for 7 days (i.e. to 7 January 2014) under section 50N(1). On 1 August 2013 the prisoner commits a first offence under section 50Y(1). On 30 September 2013, the remission order is extended for a further 10 days (i.e. to 17 January 2014) under section 50N(1). On 21 October 2013 the prisoner commits a second offence under section 50Y(1). The prisoner’s sentence for the first offence cannot exceed the length of the period from 1 August 2013 to 7 January 2014. The prisoner’s sentence for the second offence cannot exceed the length of the period from 21 October 2013 to 17 January 2014. The total sentence for both offences cannot exceed the length of the period from 1 August 2013 to 7 January 2014. |
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[1/2014] |
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| 50Z.—(1) The offence of committing a serious breach of a mandatory aftercare condition under section 50Y(1) shall be an arrestable and bailable offence for the purposes of the Criminal Procedure Code 2010. [1/2014] | (2) A prison officer may exercise all the powers which a police officer of equivalent rank may exercise under the Criminal Procedure Code 2010 in respect of an offence of committing a serious breach of a mandatory aftercare condition under section 50Y(1). [1/2014] |
| (3) To avoid doubt, where the Commissioner recalls a prisoner to prison under section 50X, the prisoner is not to be admitted to bail. [1/2014] |
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| Division 6 — Remission of default sentences |
| 50ZA. This Division applies to a prisoner whose sentence of imprisonment consists wholly of default sentences for offences committed before, on or after 1 July 2014. [1/2014] |
| Remission of default sentences |
| 50ZB.—(1) A prisoner to whom this Division applies is, upon the prisoner’s admission to prison, entitled to have his or her sentence remitted in accordance with this section. [1/2014] (2) Section 50I applies to a prisoner to whom this Division applies, subject to the following modifications:| (a) | the Commissioner is not required to make a remission order; and | | (b) | on the day the Commissioner would have been required to make a remission order under section 50I, the sentence of the prisoner is remitted. [1/2014] |
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| Division 7 — Transitional provisions |
50ZC.—(1) This Division applies to a prisoner —| (a) | convicted before, on or after 1 July 2014; | | (b) | whose sentence of imprisonment does not include a sentence of life imprisonment for an offence committed on or after 21 August 1997; and | | (c) | whose sentence of imprisonment includes a term of imprisonment (not including a default sentence) imposed for an offence committed before 1 July 2014. [1/2014] |
| (2) For the purposes of subsection (1) and this Division, a sentence of life imprisonment imposed for an offence committed before 21 August 1997 is deemed to be a sentence of imprisonment for a term of 20 years. [1/2014] |
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| Remission of sentences relating to offences committed before 1 July 2014 |
| 50ZD.—(1) This section applies to a prisoner whose sentence of imprisonment (not including any default sentence), consists wholly of terms of imprisonment imposed for an offence or offences all of which were committed before 1 July 2014. [1/2014] (2) Section 50I applies to the prisoner, subject to the following modifications:| (a) | the actual making of a remission order under that section is not required; and | | (b) | the sentence of the prisoner which, on 1 July 2014, has yet to be served is remitted on the day the Commissioner would have been required to make a remission order in respect of the prisoner under section 50I. [1/2014] |
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| (3) To avoid doubt, Divisions 4 and 5 do not apply when a sentence is remitted under subsection (2)(b). [1/2014] |
| (4) Where a prisoner to whom this section applies has served 20 years of the prisoner’s sentence and the Commissioner is not required under section 50I to make a remission order in respect of the prisoner, the Minister must review the prisoner’s case in accordance with section 50J and may, in the Minister’s discretion, direct the Commissioner to make a remission order under section 50J. [1/2014] |
| (5) For the purposes of subsection (4), where a prisoner has served 20 years or more of the prisoner’s sentence on 1 July 2014, the Minister must review the prisoner’s case in accordance with section 50J as soon as practicable after 1 July 2014. [1/2014] |
(6) When the Commissioner is directed by the Minister to make a remission order under section 50J read with subsection (4), Division 2 applies except that the remainder of the prisoner’s sentence is to be worked out as follows instead of in accordance with section 50K(3):| (a) | first, work out the portion (in days) of the prisoner’s sentence that has not been served; | | (b) | second, work out the portion (in days) of the prisoner’s sentence —| (i) | starting on the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J; and | | (ii) | ending on the day the prisoner would have been released from prison if no remission order was made in respect of him or her; |
| | (c) | third, subtract the portion of the prisoner’s sentence worked out under paragraph (b) from the portion of the prisoner’s sentence worked out under paragraph (a). [1/2014] |
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(7) The portion of the prisoner’s sentence worked out under subsection (6)(b) is to be remitted upon the making of the remission order. | | A prisoner is sentenced to 36 years’ imprisonment for various offences, all of which were committed before 1 July 2014. The sentence is ordered to take effect from 1 January 2013. While serving imprisonment the prisoner is sentenced to forfeiture of one month’s remission for a prison offence. The Minister reviews the prisoner’s case on 1 January 2033, when the prisoner has served 20 years of the prisoner’s sentence and directs the Commissioner to make a remission order under section 50J on the same date. The Commissioner would have been required to make a remission order under section 50I in respect of that prisoner on 1 February 2037, when the prisoner has served 24 years (comprising two‑thirds of his or her sentence) and one month (comprising the forfeiture of remission) of his or her sentence. Consequent to the remission order under section 50J, the prisoner’s sentence will be remitted save for a term of 4 years one month, which is the length of the period between the date of the remission order under section 50J and the date on which the Commissioner would have been required to make a remission order under section 50I. The term of 4 years one month will be suspended, and will be remitted upon the expiry of the remission order. |
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[1/2014] |
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| Remission of sentences for offences committed both before and on or after 1 July 2014 |
| 50ZE.—(1) This section applies to a prisoner whose sentence of imprisonment (not including any default sentence) consists of terms of imprisonment imposed for offences committed both before 1 July 2014, and on or after 1 July 2014. [1/2014] | (2) The prisoner is, upon the prisoner’s admission to prison, entitled to have his or her sentence remitted in accordance with Division 2 as modified by subsections (3), (4), (5) and (6). [1/2014] |
(3) When a remission order is made by the Commissioner under section 50I in respect of a prisoner to whom this section applies, the remainder of the prisoner’s sentence is to be worked out as follows instead of in accordance with section 50K(2) or (3), as the case may be:| (a) | first, work out the portion (in days) of the prisoner’s aggregate sentence that has not been served; | | (b) | second, apportion the total time (in days) the prisoner spent serving his or her aggregate sentence among each of his or her consecutive terms of imprisonment (including default sentences) such that each sentence is served in the same proportion; | | (c) | third, work out the portion (in days) of any default sentence which has not been served under paragraph (b); | | (d) | fourth, for an offence committed before 1 July 2014, work out the portion (in days) of the sentence which has not been served under paragraph (b); | | (e) | fifth, add the portions of the prisoner’s sentences worked out under paragraphs (c) and (d); | | (f) | sixth, subtract the portion of the prisoner’s sentences worked out under paragraph (e) from the portion of the prisoner’s sentence worked out under paragraph (a). | | A prisoner is sentenced to 9 years’ imprisonment for offence A, committed before 1 July 2014, and 6 years’ imprisonment for offence B, committed after 1 July 2014. Offence B is not an offence under section 50Y(1) and the sentence for offence B does not include any enhanced sentence under section 50T(1)(a). The sentences are ordered to run consecutively and to take effect from 1 January 2015. The Commissioner makes a remission order under section 50I on 1 January 2025, the day after the day where the prisoner has served two‑thirds of his or her sentence. The time the prisoner spent serving his or her sentence (10 years) will be apportioned between offences A and B such that the prisoner has served the same proportion of each sentence, i.e. 6 years of the sentence for offence A and 4 years of the sentence for offence B. The portion of the sentence for offence A which has not been served (3 years) will be remitted. The portion of the sentence for offence B which has not been served (2 years) will be the remainder of the prisoner’s sentence, which is suspended until the remission order expires, whereupon it will be remitted. |
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[1/2014] |
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| (4) Where a prisoner has served 20 years or more of his or her sentence on 1 July 2014, the Minister must review the prisoner’s case in accordance with section 50J as soon as practicable after 1 July 2014. [1/2014] |
(5) If the Minister directs the Commissioner to make a remission order under section 50J, the remainder of the prisoner’s sentence is to be worked out as follows instead of in accordance with section 50K(4):| (a) | first, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served —| (i) | starting on the date of the remission order made under section 50J; and | | (ii) | ending on the day immediately before the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J; |
| | (b) | second, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served —| (i) | starting on the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J; and | | (ii) | ending on the day the prisoner would have been released from prison had no remission order was made in respect of the prisoner; |
| | (c) | third, apportion the portion of the prisoner’s aggregate sentence worked out under paragraph (b) between each consecutive term of imprisonment (including default sentences) to which the prisoner was sentenced such that the same proportion of each sentence has not been served; | | (d) | fourth, work out the portion (in days) of all sentences (other than default sentences) for offences committed on or after 1 July 2014 as apportioned under paragraph (c); | | (e) | fifth, add the portion of the prisoner’s sentence worked out under paragraph (a) to the portion of the prisoner’s sentence worked out under paragraph (d). | | A prisoner is sentenced to 18 years’ imprisonment for offence A, committed before 1 July 2014, and 15 years’ imprisonment for offence B, committed after 1 July 2014. Offence B is not an offence under section 50Y(1) and the sentence for offence B does not include any enhanced sentence under section 50T(1)(a). The sentences are ordered to run consecutively and to take effect from 1 January 2015. The Minister reviews the prisoner’s case on 1 January 2035, when the prisoner has served 20 years of his or her sentence and directs the Commissioner to make a remission order under section 50I on the same date. The Commissioner would have been required to make a remission order under section 50I on 1 January 2037, when the prisoner has served 22 years (two‑thirds) of his or her sentence. If the prisoner had continued to serve his or her sentence until the Commissioner made a remission order on that date, the portion of the prisoner’s sentence of 33 years which would have not been served would be 11 years. This would be apportioned proportionally between the sentences for offences A and B, such that 6 years of the sentence for offence A has not been served and 5 years for offence B has not been served. The portion for offence A which has not been served (6 years) will be remitted. The portion for offence B (5 years) which has not been served will be added to the portion of the prisoner’s sentence from the date on which the Minister directs the Commissioner to make the remission order under section 50I to the day on which the Commissioner would have been required to make a remission order under section 50I (2 years). The aggregate term (7 years) so determined would be suspended and would be remitted when the remission order expires. |
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[1/2014] |
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(6) The following portions of a prisoner’s sentence are remitted:| (a) | the portion of any default sentence as worked out under subsection (3)(c) or (5)(c); | | (b) | the portion of any sentence for an offence committed before 1 July 2014, as worked out under subsection (3)(d) or (5)(c). [1/2014] |
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| Application of Divisions 4 and 5 |
50ZF.—(1) To avoid doubt —| (a) | Division 4 applies to a prisoner mentioned in section 50ZC who is released under a remission order made under section 50I or 50J read with the provisions of this Division; and | | (b) | Division 5 applies to a prisoner mentioned in section 50ZC —| (i) | who is released under a remission order made under section 50I or 50J read with the provisions of this Division; and | | (ii) | to whom section 50U applies. [1/2014] |
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(2) Division 5 also applies to a prisoner mentioned in section 50ZC —| (a) | who is released under a remission order made under section 50J read with the provisions of this Division; and | | (b) | to whom section 50U would apply if any of the offences he or she committed before 1 July 2014 had been committed on 1 July 2014. [1/2014] |
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