PART 7
PUBLIC OFFICERS WITH POLICE POWERS, FORENSIC
SPECIALISTS AND CIVILIAN POLICE ASSISTANTS
[10/2015]
Appointment of Commercial Affairs Officers
64.—(1)  The Minister may appoint such number of persons to be Commercial Affairs Officers as the Minister may think fit.
(2)  A Commercial Affairs Officer may investigate any suspected offence which appears to him or her to have been committed under any written law.
(3)  For the purposes of subsection (2), a Commercial Affairs Officer —
(a)has all the powers of investigation conferred on police officers —
(i)in relation to the investigation of offences under the Criminal Procedure Code 2010*; or
(ii)under such other written law as the Minister may, by notification in the Gazette, prescribe,
and is deemed to be a police officer not below the rank of inspector for the purposes of those written laws;
(b)may without warrant, arrest any person —
(i)who has been concerned in an arrestable offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of the person having been so concerned or involved;
(ii)who possesses anything that may reasonably be suspected to be stolen or fraudulently obtained property, and who may reasonably be suspected of having committed an offence in acquiring it; or
(iii)who obstructs a Commercial Affairs Officer while that Commercial Affairs Officer is doing his or her duty, or has escaped or tries to escape from the lawful custody of a Commercial Affairs Officer or any other person;
(c)when exercising the powers of investigation under the Criminal Procedure Code 2010* in relation to an arrestable offence by virtue of paragraph (a), may —
(i)enter any place belonging to or under the control of any person who —
(A)is under arrest in connection with the offence;
(B)is reasonably believed to be connected with the offence; or
(C)is reasonably believed to have given shelter to a person under arrest; and
(ii)search the place for any evidence of the offence;
(d)when lawfully making a search for anything in any place in respect of any offence, may —
(i)lawfully detain every person found there until the search is completed; and
(ii)search each person found in the place for any thing sought if the thing can be concealed on a person;
(e)may, whenever a person is arrested in the following circumstances, search the person and place in safe custody all articles other than necessary wearing apparel found upon the person:
(i)a person who is arrested by a Commercial Affairs Officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail;
(ii)a person who is arrested without warrant by a Commercial Affairs Officer and the person arrested cannot legally be admitted to bail or is unable to furnish bail;
(f)who has reason to believe that a person whom the Commercial Affairs Officer may lawfully arrest is inside any place —
(i)may demand entry to the place and any person residing in or in charge of the place must allow the Commercial Affairs Officer free entry and provide all reasonable facilities for a search in the place;
(ii)may, if entry to the place cannot be gained under sub‑paragraph (i), enter and search the place;
(iii)may, in any case in which an arrest warrant may be issued but cannot be obtained without the risk of the person to be arrested escaping, enter and search the place; and
(iv)may, if the Commercial Affairs Officer is unable to obtain entry to the place despite stating the Commercial Affairs Officer’s authority and purpose and demanding entry to the place, break open any outer or inner door or window of the place or use any other reasonable means to gain such entry;
(g)may break open a place to free himself or herself or any other person who, having lawfully gone inside to make an arrest, is detained in the place;
(h)may release any person on bail or personal bond in accordance with Division 5 of Part 6* of the Criminal Procedure Code 2010*; and
(i)may serve on any person (whom the Commercial Affairs Officer has reasonable grounds for believing has committed an offence) a notice to attend court, or require any person to execute a bond to appear before a court, in accordance with Division 6 of Part 6* of the Criminal Procedure Code 2010*.
[Act 21 of 2021 wef 01/01/2022]
[*Updated to be consistent with the 2020 Revised Edition]
(3A)  A Commercial Affairs Officer —
(a)when making an arrest under subsection (3)(b), must comply with sections 67, 68, 73, 74, 75 and 76 of the Criminal Procedure Code 2010*; and
(b)when searching a woman, must comply with section 83(1) of the Criminal Procedure Code 2010*,
as if the Commercial Affairs Officer were a police officer.
[Act 21 of 2021 wef 01/01/2022]
[*Updated to be consistent with the 2020 Revised Edition]
(3B)  A person arrested by a Commercial Affairs Officer must not be released except on the person’s own bond or on bail, or by a written order of a court or of any Commercial Affairs Officer.
[Act 21 of 2021 wef 01/01/2022]
(3C)  The provisions of Divisions 5 and 6 of Part 6* of the Criminal Procedure Code 2010* apply in relation to the exercise of the powers of a Commercial Affairs Officer under subsection (3)(h) or (i) and for that purpose —
(a)any reference to an officer, a police officer or a police officer not below the rank of sergeant is a reference to a Commercial Affairs Officer; and
(b)the reference to the Commissioner of Police in section 92 of the Criminal Procedure Code 2010* is a reference to the head of the Commercial Affairs Department or a person of a similar rank.
[Act 21 of 2021 wef 01/01/2022]
[*Updated to be consistent with the 2020 Revised Edition]
(3D)  For the purposes of subsection (2), section 25 applies to a Commercial Affairs Officer as if he or she were a police officer.
[Act 21 of 2021 wef 01/01/2022]
(4)  The Commissioner may confer on one or more Commercial Affairs Officers as the Commissioner may determine the powers of an Assistant Superintendent of Police under such written law as the Minister may, by notification in the Gazette, prescribe.
(5)  Apart from this section and section 25, this Act does not apply to a Commercial Affairs Officer.
Intelligence officers
65.—(1)  An intelligence officer is —
(a)deemed to be a police officer for the purposes of any written law and has the powers, protection and immunities of a police officer of a rank corresponding to his or her grade;
(b)entitled to such protection and privilege under section 25 as if he or she were a police officer; and
(c)deemed to be a public servant within the meaning of the Penal Code 1871 when carrying out his or her functions and duties as a police officer.
(2)  Section 25 applies, with the necessary modifications, to an intelligence officer as if the references in that section to a police officer were references to an intelligence officer.
(3)  Apart from this section and section 25, this Act does not apply to any intelligence officer.
(4)  In this section, “intelligence officer” means —
(a)a public officer who is appointed to the Intelligence Service; or
(b)a person who is employed by the Internal Security Department,
and who is designated by the Minister as an intelligence officer for the purposes of this section.
Forensic specialists
65A.—(1)  The Minister may, in writing, appoint any of the following individuals to be forensic specialists:
(a)a public officer (except an operations support officer at grade III, IV or V or other public officer at equivalent grade) who is not a police officer but is employed in the offices of the Police Force or a law enforcement agency;
(b)an individual (who is not a public officer) with suitable qualifications or experience to properly exercise the powers of a forensic specialist.
[10/2015; 5/2018]
(2)  The Minister may at any time revoke an individual’s appointment as a forensic specialist.
[10/2015]
(3)  The Commissioner must issue to each forensic specialist an identification card, which must be carried at all times by the forensic specialist when exercising powers under any provision in this Act or in any other written law.
[10/2015]
(4)  A forensic specialist whose appointment as such ceases must return any identification card issued to him or her under subsection (3) to the Commissioner.
[10/2015]
(5)  A forensic specialist is to be issued with such accoutrements or equipment, or such description of accoutrements or equipment, as the Commissioner may determine to be necessary for the effectual discharge of the duties of a forensic specialist, such as but not limited to handcuffs or cable ties, batons and defensive weapons.
[10/2015]
(6)  A forensic specialist is not a member of the Police Force.
[10/2015]
(7)  An individual mentioned in subsection (1)(b) who is appointed as a forensic specialist under that subsection does not, by virtue only of that appointment, become an employee or agent of the Government.
[10/2015]
(8)  A forensic specialist who is a public officer is subject to the same disqualifications as a police officer as is specified in section 16(1), and any reference in section 16(2) to a police officer includes a reference to a forensic specialist.
[10/2015]
Powers of forensic specialists
65B.—(1)  The Commissioner must, in writing, issue to each forensic specialist an authorisation —
(a)specifying such power as is specified in subsection (3) that the forensic specialist may exercise; and
(b)specifying the police officer or class of police officers, or the law enforcement officer or class of law enforcement officers, the forensic specialist is to assist by the exercise of those powers.
[10/2015]
(2)  However, to avoid doubt, the Commissioner cannot authorise under subsection (1) a forensic specialist to arrest any individual.
[10/2015]
(3)  The powers that a forensic specialist may be authorised under subsection (1) by the Commissioner to exercise may be all or any of the following, and no others:
(a)to secure a crime scene against unauthorised disturbance to the extent authorised by a warrant or directed by the police officer or law enforcement officer whom the forensic specialist is so authorised to assist, including (but not limited to) —
(i)preventing any unauthorised individual, animal or vehicle from disturbing or entering the crime scene;
(ii)restricting entry to the crime scene to people, animals, and vehicles, that are authorised;
(iii)removing any unauthorised individual, animal or vehicle from the crime scene;
(iv)if the crime scene is established in or around a vehicle, preventing the vehicle from being moved;
(v)preventing a thing relevant to the offence to which a crime scene relates from being concealed or disturbed; and
(vi)preventing an individual from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the individual;
(b)to search a crime scene, and any individual at or within the vicinity of the crime scene, to the extent authorised by a warrant or directed by the police officer or law enforcement officer whom the forensic specialist is so authorised to assist, including (but not limited to) any of the following to obtain evidence of the commission of an offence:
(i)opening anything at the crime scene, or in the possession of the individual, that is locked and to inspect anything in it;
(ii)removing or causing to be removed an obstruction from the crime scene;
(iii)digging up anything at the crime scene, removing roofing material, wall or ceiling linings or floors of a building, or panels of a vehicle that is a crime scene;
(iv)photographing or otherwise recording the crime scene and any thing or individual in it;
(v)taking into and using in the crime scene any equipment or facilities that are reasonably necessary in order to search or inspect in accordance with any warrant or the directions of the police officer or law enforcement officer the forensic specialist is so authorised to assist;
(vi)making reasonable use of any equipment, facilities or services in the crime scene to operate the equipment or facilities mentioned in sub‑paragraph (v), and taking electricity, gas, water or any other utility for such use in the crime scene;
(vii)exercising any power of a police officer under sections 34, 35, 39 and 40 of the Criminal Procedure Code 2010 at the crime scene in accordance with any warrant or the directions of the police officer or law enforcement officer the forensic specialist is so authorised to assist;
(c)to seize and detain all or part of a thing that might provide evidence of the commission of an offence to the extent authorised by a warrant or directed by the police officer or law enforcement officer whom the forensic specialist is so authorised to assist;
(d)to do a forensic examination, whether at a crime scene or otherwise, on a thing relevant to an offence or a sample of such a thing;
(e)to carry out any forensic procedure on any individual, whether at a crime scene or otherwise, in accordance with Part 3 or 4 of the Registration of Criminals Act 1949, for the purpose of searching for a thing, or evidence of a thing —
(i)that is relevant to an offence that is reasonably suspected to have been committed; and
(ii)the existence or absence of which on or in the body of the individual is relevant to the investigation of the offence;
(f)to take statements from individuals to the extent directed by the police officer or law enforcement officer the forensic specialist is so authorised to assist, and to require such an individual to make and sign a declaration of the truth of the statement made by the individual;
(g)to exercise such other powers and perform such other duty as may be conferred by any other written law on forensic specialists.
[10/2015]
(4)  The Commissioner’s written authorisation under subsection (1) for a forensic specialist may do all or any of the following:
(a)limit the powers in subsection (3) that the forensic specialist may exercise;
(b)limit when the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them;
(c)limit where in Singapore the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them;
(d)limit the circumstances in which the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them;
(e)limit the offences in respect of which the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them;
(f)limit the purposes for which the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them.
[10/2015]
(5)  A forensic specialist who is authorised under subsection (1) to exercise any power under subsection (3) to assist a police officer or law enforcement officer specified in that authorisation (specially or by class) is —
(a)to exercise that power only to assist the police officer or law enforcement officer, or officer in that class (as the case may be) where the officer is exercising in Singapore a power or discharging any duty, under this Act or any other written law, for purposes of law enforcement; and
(b)to obey all lawful directions (general or specific) of the Commissioner, and that police officer or law enforcement officer (as the case may be), when exercising that power.
[10/2015]
(6)  Without affecting section 25, where any law or written law protects —
(a)a police officer from liability for the police officer’s acts or omissions; or
(b)a law enforcement officer from liability for the law enforcement officer’s acts or omissions,
that law or written law is taken to operate as if those acts or omissions include the forensic specialist’s acts or omissions when acting in the course of his or her duty as a forensic specialist in accordance with the written authorisation of the Commissioner under subsection (1) and with subsection (5).
[10/2015]
(7)  Without affecting section 25, in any action brought against any forensic specialist for anything done in obedience to a warrant, or any forensic specialist acting in the course of his or her duty as such in assisting a law enforcement officer for anything done in obedience to a warrant —
(a)the forensic specialist is not responsible for any irregularity in the issuing of the warrant because of any want of jurisdiction in the court issuing that warrant; and
(b)upon the warrant being produced and proved at the trial of the action and upon it being proved that the act complained of was done in obedience to the warrant, verdict and judgment must be given for the forensic specialist, despite any such irregularity or want of jurisdiction, and the forensic specialist may recover his or her costs,
and this subsection is to apply whether or not it is an action that is brought jointly against the law enforcement officer and forensic specialist.
[10/2015]
(8)  To avoid doubt —
(a)a forensic specialist does not cease to be acting on the direction of a police officer or law enforcement officer by reason only that that officer is not present at all times when the forensic specialist exercises any power under subsection (3);
(b)a forensic specialist is not to be regarded as a member of the Police Force for the purposes of section 14 of the Government Proceedings Act 1956; and
(c)nothing in this section limits the powers of any authority to investigate accidents under any written law for the time being in force relating to air navigation or merchant shipping.
[10/2015]
(9)  A forensic specialist who, in the course of his or her duty as a forensic specialist, exercises any power in subsection (3) in accordance with the written authorisation of the Commissioner under subsection (1) and with subsection (5) is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising such power.
[10/2015]
(10)  In this section —
“crime scene” means —
(a)any place or vehicle where an offence was committed or is reasonably suspected to have been committed; or
(b)any place or vehicle associated with, or relevant to, the commission or suspected commission of an offence;
“forensic examination”, in relation to any thing, means doing all or any of the following:
(a)examining or operating the thing;
(b)photographing, measuring or otherwise making a record of the thing;
(c)taking an impression or making a cast of the thing;
(d)taking samples of or from the thing;
(e)doing tests on the thing, or on any sample taken under paragraph (d), for forensic purposes,
and includes dismantling, damaging or destroying the thing if it is reasonably necessary to do so in order to do all or any of the above;
“forensic procedure”, in relation to an individual, includes doing all or any of the following in relation to the individual:
(a)taking a sample of a nail or from under a nail of an individual;
(b)taking an impression or cast of a wound from the external parts of the individual’s body other than the individual’s private parts;
(c)the taking of physical measurements (whether or not involving marking) for biomechanical analysis of an external part of the body other than the individual’s private parts;
(d)taking of prints of the individual’s hands, fingers, feet or toes;
(e)taking from the individual a sample of blood, a sample of head hair (including the roots thereof) or other body samples within the meaning of the Registration of Criminals Act 1949;
(f)taking a swab, or using other means, to detect a relevant thing on the external parts of the individual’s body other than the individual’s private parts;
(g)searching the individual (including the mouth);
(h)removing any article that the individual is wearing, and searching any article so removed;
(i)removing a relevant thing attached physically to those external parts of the individual’s body or taking a sample of that relevant thing;
(j)photographing any relevant thing in the position it is found on the external parts of the individual’s body, or in the individual’s mouth;
“photograph” includes a digital image and a moving visual record;
“seize and detain”, in relation to any thing at a crime scene, includes a power to remove the thing from the crime scene when it is found and a power to guard the thing in or on the crime scene;
“vehicle” includes a vessel and an aircraft;
“warrant” means a warrant of a court.
[10/2015]
Civilian police assistants
65C.—(1)  The Minister may in writing appoint an individual (who may or may not be a public officer) to be a civilian police assistant to assist police officers in maintaining peace and good order in any particular area in Singapore.
[10/2015]
(2)  The Minister may, for any reason that appears to the Minister to be sufficient, at any time revoke an individual’s appointment as a civilian police assistant.
[10/2015]
(3)  The Commissioner must issue to each civilian police assistant an identification card, which must be carried at all times by the civilian police assistant when exercising powers under any provision in this Act or in any other written law.
[10/2015]
(4)  A civilian police assistant whose appointment as such ceases must return any identification card issued to him or her under subsection (3) to the Commissioner.
[10/2015]
(5)  A civilian police assistant is to be issued with such accoutrements or equipment, or such description of accoutrements or equipment, as the Commissioner may determine to be necessary for the effectual discharge of the duties of a civilian police assistant, such as but not limited to batons.
[10/2015]
(6)  A civilian police assistant is not a member of the Police Force.
[10/2015]
(7)  An individual who is appointed as a civilian police assistant under subsection (1) does not, by virtue only of the appointment, become an employee or agent of the Government.
[10/2015]
Powers of civilian police assistants
65D.—(1)  The Commissioner must, in writing, issue to each civilian police assistant an authorisation specifying such power as is specified in subsection (3) that the civilian police assistant may exercise, and no other powers.
[10/2015]
(2)  The powers that a civilian police assistant may be authorised under this section to exercise may be exercised —
(a)only to the extent authorised by the Commissioner under this section and directed by a police officer; and
(b)only in any case where an individual is suspected of making such noise in any premises or in any public place as to cause annoyance or inconvenience to the occupier of any other premises in the vicinity or to any person lawfully in a public place.
[10/2015]
(3)  The powers that a civilian police assistant may be authorised under this section to exercise are all or any of the following:
(a)to ask the individual suspected of making such noise to state the individual’s name and residence;
(b)to advise the individual to abate the nuisance;
(c)to take statements from —
(i)the individual mentioned in paragraph (a);
(ii)any complainant against the individual mentioned in paragraph (a); or
(iii)any other individual who may assist in the investigation of the case described in subsection (2)(b);
(d)to require any individual or complainant mentioned in paragraph (c) to make and sign a declaration of the truth of the statement he or she makes;
(e)to give or deliver to any such individual alleged to have committed an offence an offer of composition made by a duly authorised police officer.
[10/2015]
(4)  The Commissioner’s authorisation under subsection (1) for a civilian police assistant may also do all or any of the following:
(a)limit the powers in subsection (3) that the civilian police assistant may exercise;
(b)limit when the civilian police assistant may exercise the civilian police assistant’s powers in subsection (3) or any of them;
(c)limit where in Singapore the civilian police assistant may exercise the civilian police assistant’s powers in subsection (3) or any of them;
(d)limit the circumstances in which the civilian police assistant may exercise the civilian police assistant’s powers in subsection (3) or any of them.
[10/2015]
(5)  A civilian police assistant who is authorised under subsection (1) to exercise any power under subsection (3) —
(a)must obey all lawful directions (general or specific) of the Commissioner and a police officer when exercising that power; and
(b)is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising such power.
[10/2015]
(6)  Without affecting subsection (5), where any law or written law protects a police officer from liability for the police officer’s acts or omissions, that law or written law is taken to operate as if those acts or omissions included the civilian police assistant’s acts or omissions when acting in the course of his or her duty as a civilian police assistant in accordance with —
(a)the written authorisation of the Commissioner under subsection (1); and
(b)the lawful directions (general or specific) of the Commissioner and a police officer.
[10/2015]
(7)  To avoid doubt —
(a)a civilian police assistant does not cease to be acting on the direction of a police officer by reason only that the police officer is not present at all times; and
(b)a civilian police assistant is not to be regarded as a member of the Police Force for the purposes of section 14 of the Government Proceedings Act 1956.
[10/2015]
(8)  In this section, “abate”, for noise, includes prevent, reduce, eliminate and control the noise.
[10/2015]
(9)  Nothing in section 65C or this section derogates from the powers of the Director‑General of Public Health under Part 5 of the Environmental Public Health Act 1987, or section 15 of the Miscellaneous Offences (Public Order and Nuisance) Act 1906.
[10/2015]