PART 3 | APPOINTMENTS, POWERS AND DUTIES |
| Appointment of Presiding Judge of State Courts |
| 8A.—(1) For the purposes of the administration of this Act, the President may, on the recommendation of the Chief Justice, appoint a Supreme Court Judge or a Judicial Commissioner to be the Presiding Judge of the State Courts for such period as the Chief Justice may recommend. [5/2014; 40/2019] | (2) Despite any other written law, the Presiding Judge of the State Courts may sit in any State Court and act as a judge (however described) thereof, in which case the Presiding Judge has all the jurisdiction, power and privileges of such a judge. [5/2014] |
| (3) A Supreme Court Judge or a Judicial Commissioner may, during the period of his or her appointment as the Presiding Judge of the State Courts, continue to sit in the General Division of the High Court, the Appellate Division of the High Court or the Court of Appeal in accordance with the Constitution. [5/2014; 40/2019] |
| (4) Any person appointed to be the Presiding Judge of the State Courts is, although the period of his or her appointment as such has expired or his or her appointment as such has been revoked, in relation to any case heard by him or her as a judge (however described) of a State Court, to continue to sit as such a judge for the purpose of giving judgment or otherwise. [5/2014] |
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| Appointments and qualifications of District Judges |
| 9.—(1) Subject to section 8A, a District Court is to be presided over by a District Judge appointed by the President on the recommendation of the Chief Justice. [5/2014] | (2) [Deleted by Act 5 of 2014] |
| (3) A person must not be appointed to be or to act as a District Judge unless he or she has been for not less than 7 years a qualified person as defined in section 2 of the Legal Profession Act 1966. [5/2014] |
(3A) Despite subsection (3), a person may be appointed to be or to act as a District Judge if —| (a) | the person has been for not less than 5 years a qualified person as defined in section 2 of the Legal Profession Act 1966; and | | (b) | the Chief Justice, after having regard to the qualifications and experience of the person, is of the opinion that the person is suitable to be appointed as a District Judge. [5/2014] |
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| (4) Any person appointed to be or to act as a District Judge is, although the period of his or her appointment has expired or his or her appointment has been revoked, to sit as a District Judge for the purpose of giving judgment or otherwise in relation to any case heard by him or her. |
| (5) Every person appointed to be or to act as a District Judge is ex officio a Magistrate. |
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| Appointments and qualifications of Magistrates |
| 10.—(1) The President may, on the recommendation of the Chief Justice, appoint any fit and proper person to be a Magistrate. [14/2010] | (2) A person must not be appointed to be or to act as a Magistrate unless he or she has been for not less than 3 years a qualified person as defined in section 2 of the Legal Profession Act 1966. [14/2010; 5/2014] |
(3) Despite subsection (2), a person may be appointed to be or to act as a Magistrate if —| (a) | the person has been for not less than one year a qualified person as defined in section 2 of the Legal Profession Act 1966; and | | (b) | the Chief Justice, after having regard to the qualifications and experience of the person, is of the opinion that the person is suitable to be appointed as a Magistrate. [5/2014] |
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11.—(1) The President may, by warrant under his or her hand, appoint fit and proper persons to be Justices of the Peace.| (2) Justices of the Peace have and may exercise such powers and perform such duties of a Magistrate as may be conferred on them by any written law. |
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| Appointments and qualifications of registrar and deputy registrars of State Courts |
| 12.—(1) There are to be appointed by the Chief Justice a registrar and so many deputy registrars as may be necessary for the State Courts. [5/2014] | (2) A person must not be appointed to be or to act as registrar unless he or she is a qualified person as defined in section 2 of the Legal Profession Act 1966, except that the Chief Justice may, in his or her discretion, appoint any person who is not a qualified person under that Act. |
| (3) The registrar and the deputy registrars are ex officio commissioners for oaths. |
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| Powers and duties of deputy registrars |
| 13. Subject to Rules of Court, all the powers and duties conferred and imposed on the registrar may be exercised by a deputy registrar. |
| 14. There are to be attached to the State Courts such commissioners for oaths, interpreters, clerks, bailiffs, process servers and other officers as may appear to the Chief Justice to be necessary for the administration of justice and the due execution of all powers and duties which are vested in the State Courts. [5/2014] |
| Powers and duties of certain State Court officers, etc. |
15.—(1) The bailiffs and process servers are to —| (a) | execute all writs, summonses, warrants, orders, notices and other mandatory processes of the State Courts given to them; | | (b) | make a return of the same together with the manner of the execution thereof to the court from which the process issued; and | | (c) | arrest and receive all such persons and property as are committed to the custody of the State Courts. [5/2014] [Act 25 of 2021 wef 01/04/2022] |
| (2) The registrar may engage any auxiliary police officer appointed under the Police Force Act 2004*, any security agency, a provider of transport and of warehousing, a valuer, an estate agent, a broker, a solicitor or any other appropriate person to assist the bailiffs in the discharge of the bailiffs’ duties. [*Updated to be consistent with the 2020 Revised Edition] [Act 25 of 2021 wef 01/04/2022] |
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| Solicitor, etc., authorised to act as bailiff |
| 15A.—(1) Subject to any directions that may be given by the Presiding Judge of the State Courts, the registrar may authorise a solicitor or a person employed by a solicitor to exercise the powers and perform the duties of a bailiff during such period or on such occasion as the registrar thinks fit and subject to such terms and conditions as the registrar may determine. [4/2010; 5/2014] | (2) Section 68(2) applies to a solicitor or person authorised under subsection (1) as it applies to an officer of a State Court. [5/2014] |
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| Special powers of bailiffs |
| 16. The bailiffs in executing any enforcement order for seizure and sale of property, any other enforcement order or any writ of distress may effect an entry into any building, and for that purpose, if necessary, may break open any outer or inner door or window of the building or any receptacle therein, using such force as is reasonably necessary to effect an entry. [Act 25 of 2021 wef 01/04/2022] |
| Oaths of judicial officers and certain other officers |
| 17.—(1) All judicial officers and any other officers of the State Courts as may be required by the Chief Justice, before exercising the functions of their respective offices, are to take and subscribe the appropriate oath of office and allegiance set out in the Schedule. [5/2014] | (2) The oath mentioned in subsection (1) may be taken and subscribed before the Presiding Judge of the State Courts, the Presiding Judge of the Family Justice Courts, a Supreme Court Judge or a Judicial Commissioner. [4/2010; 5/2014; 27/2014; 40/2019] |
(2A) To avoid doubt, where an oath is required to be taken and subscribed under subsection (1), a person may take and subscribe the oath by appearing before the Presiding Judge of the State Courts, the Presiding Judge of the Family Justice Courts, a Supreme Court Judge or a Judicial Commissioner through a live video link or live television link created using a remote communication technology that allows the Presiding Judge of the State Courts, Presiding Judge of the Family Justice Courts, Supreme Court Judge or Judicial Commissioner (as the case may be) to —| (a) | maintain visual contact and communicate with the person taking the oath, and any interpreter present, throughout the process; | | (b) | confirm the identity of the person taking the oath and any interpreter present; and | | (c) | verify by inspection the oath to be subscribed. [Act 25 of 2023 wef 01/12/2023] |
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(3) Where the oath is taken before the Presiding Judge of the State Courts, he or she is to —| (a) | enter in the record of the State Courts that the oath was duly administered and taken before him or her; and | | (b) | transmit a certified copy of the entry to the Registrar of the Supreme Court. [4/2010; 5/2014] |
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(4) Where the oath is taken before the Presiding Judge of the Family Justice Courts, he or she is to —| (a) | enter in the record of the Family Justice Courts that the oath was duly administered and taken before him or her; | | (b) | transmit a certified copy of the entry to the Registrar of the Supreme Court; and | | (c) | transmit a certified copy of the entry to the Presiding Judge of the State Courts. [27/2014] |
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| Appointments and revocations to be gazetted |
| 18. All appointments and revocations made under this Part must be published in the Gazette. |
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