Criminal Procedure Code 2010

Status:

Published in Acts Supplement
on 21 Jun 2010

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 13]

Tuesday, January 12

[2010

The following Act was passed by Parliament on 19th May 2010 and assented to by the President on 10th June 2010:—

Criminal Procedure Code 2010

(No. 15 of 2010)

I assent.

S R NATHAN

President.

10th June 2010.

Date of Commencement: 2nd January 2011

An Act to repeal and re-enact with amendments the Criminal Procedure Code (Chapter 68 of the 1985 Revised Edition) and to make consequential and related amendments to certain other written laws.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

PART I

PRELIMINARY

Short title and commencement

1.—(1) This Act may be cited as the Criminal Procedure Code 2010 and is generally referred to in this Act as this Code.

(2) This Code shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2.—(1) In this Code, unless the context otherwise requires —

“advocate” means an advocate and solicitor lawfully entitled to practise criminal law in Singapore;

“arrestable offence” and “arrestable case” mean, respectively, an offence for which and a case in which a police officer may ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law;

“bailable offence” means an offence shown as bailable in the fifth column of the First Schedule or which is made bailable by any other written law, and “non-bailable offence” means any offence other than a bailable offence;

“complaint” means any allegation made orally or in writing to a Magistrate with a view to his taking action under this Code that some person, whether known or unknown, has committed or is guilty of an offence;

“computer” has the same meaning as in the Computer Misuse Act (Cap. 50A);

“court” means the Court of Appeal, the High Court, a District Court or a Magistrate’s Court, as the case may be, which exercises criminal jurisdiction;

“criminal record” means the record of any —

(a)	conviction in any court, or subordinate military court established under section 80 of the Singapore Armed Forces Act (Cap. 295);
(b)	order made under section 34(2) of the Misuse of Drugs Act (Cap. 185);
(c)	supervision order made under section 16 of the Intoxicating Substances Act (Cap. 146A);
(d)	order made under section 30 of the Criminal Law (Temporary Provisions) Act (Cap. 67); and
(e)	order as may be prescribed by the Minister charged with the responsibility for home affairs to be a criminal record for the purposes of this Code;

“financial institution” has the same meaning as in section 2 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A);

“fine” means any fine or financial penalty imposed by any court upon any conviction of any offence;

“Judge” means a Judge of the High Court and includes the Chief Justice and any person appointed to exercise the powers of a Judge;

“Judge of Appeal” includes the Chief Justice and a Judge of the High Court sitting as a judge of the Court of Appeal under section 29(3) of the Supreme Court of Judicature Act (Cap. 322);

“judicial proceeding” means any proceeding in the course of which evidence is or may be legally taken by a court;

“juvenile” means a person who, in the absence of legal proof to the contrary, is 7 years of age or above and below the age of 16 years in the opinion of the court;

“law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law;

“life imprisonment” means imprisonment for the duration of a person’s natural life;

“non-arrestable offence” and “non-arrestable case” mean, respectively, an offence for which and a case in which a police officer may not ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law;

“offence” means an act or omission punishable by any written law;

“place” includes —

(a)	any building or structure, whether permanent or temporary;
(b)	any land, whether or not built on;
(c)	any place, whether or not enclosed, and whether or not situated underground or underwater;
(d)	any vessel, aircraft, train, or vehicle (whether mechanically propelled or otherwise) or any other means of transport; and
(e)	any part of any place referred to in paragraphs (a) to (d);

“police officer” has the same meaning as in the Police Force Act (Cap. 235);

“police station” includes —

(a)	any office or branch of the Criminal Investigation Department;
(b)	the Radio Division of the Singapore Police Force;
(c)	any place designated by the Commissioner of Police as a police station; and
(d)	any other place designated by the Minister charged with the responsibility for home affairs as a police station;

“Postal Authority” and “public postal licensee” have the same meanings as in section 2 of the Postal Services Act (Cap. 237A);

“proceeding” includes a committal hearing, criminal case disclosure conference and a pre-trial conference, held under Part IX or X, as the case may be;

“property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property;

“public body” means —

(a)	the Government or any department, office or service of the Government; or
(b)	any corporation, authority, board, council, commission, office or other body established by or under any public Act for a public purpose;

“Registrar of the Subordinate Courts” includes a Deputy Registrar of the Subordinate Courts;

“Registrar of the Supreme Court” includes the Deputy Registrar and an Assistant Registrar of the Supreme Court;

“repealed Code” means the Criminal Procedure Code (Cap. 68, 1985 Ed.) repealed by this Code;

“signed” or “signature” and its grammatical variations, in relation to documents signed by a person who is a Judge of the Supreme Court, the Registrar of the Supreme Court, the Registrar of the Subordinate Courts, a District Judge or a Magistrate, shall have the same meaning as defined in section 2 of the Electronic Transactions Act 2010;

“stolen property” has the same meaning as in section 410 of the Penal Code (Cap. 224);

“Subordinate Court” means any court constituted under the Subordinate Courts Act (Cap. 321) for the administration of criminal justice;

“travel document” means a passport and includes any document issued by any State (including Singapore) or territory for the purpose of facilitating travel by the holder thereof;

“writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form, whether permanent or otherwise.

(2) Words and expressions used in this Code which are defined in the Penal Code but not defined in this section shall have the same meanings given to them by the Penal Code.

Service of notices, orders and documents

3.—(1) Any notice, order or document (other than a summons or a notice to attend court issued under this Code) required or permitted to be served on a person under this Code may be served on that person —

(a)

by delivering it personally to that person;

(b)

by addressing it to that person and delivering it at the last known residential address of that person to an adult person who is a member of his family;

(c)

by addressing it to that person and delivering it at the last known business address of that person to his employee or by addressing it to his advocate (if any) and delivering it to the advocate at the advocate’s office;

(d)

by sending it by registered post addressed to that person at his last known residential or business address, or sending it by registered post addressed to his advocate (if any) at the advocate’s office;

(e)

by addressing it to that person and transmitting it by facsimile to his last known facsimile number, or addressing it to his advocate (if any) and transmitting it by facsimile to the advocate’s office facsimile number;

(f)

by leaving it at his last known residential or business address, if service cannot be effected under paragraphs (a) to (e);

(g)

in the case of a body corporate or a limited liability partnership —

(i)	by delivering it to the director, manager or secretary, or other like officer of the body corporate or limited liability partnership, at its registered office or principal place of business;
(ii)	by delivering it to the advocate (if any) of the body corporate or limited liability partnership at the advocate’s office;
(iii)	by sending it by registered post addressed to the body corporate or limited liability partnership at the registered office or principal place of business of the body corporate or limited liability partnership;
(iv)	by sending it by registered post addressed to the advocate (if any) of the body corporate or limited liability partnership at the advocate’s office;
(v)	by addressing it to that body corporate or limited liability partnership and transmitting it to the last known facsimile number of the body corporate or limited liability partnership; or
(vi)	by addressing it to the advocate (if any) of the body corporate or limited liability partnership and transmitting it by facsimile to the advocate’s office facsimile number;

(h)

in the case of a partnership other than a limited liability partnership —

(i)	by delivering it to any one of the partners or the secretary, or other like officer of the partnership, at its registered office or principal place of business;
(ii)	by delivering it to the advocate (if any) of the partnership at the advocate’s office;
(iii)	by sending it by registered post addressed to the partnership at the registered office or principal place of business of the partnership;
(iv)	by sending it by registered post addressed to the advocate (if any) of the partnership at the advocate’s office;
(v)	by addressing it to that partnership and transmitting it to the last known facsimile number of the partnership; or
(vi)	by addressing it to the advocate (if any) of the partnership and transmitting it by facsimile to the advocate’s office facsimile number;

(i)

in the case of an unincorporated association —

(i)	by delivering it to the president, the secretary or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee, at the address of the unincorporated association;
(ii)	by delivering it to the advocate (if any) of the unincorporated association at the advocate’s office;
(iii)	by sending it by registered post addressed to the unincorporated association at the address of the unincorporated association;
(iv)	by sending it by registered post addressed to the advocate (if any) of the unincorporated association at the advocate’s office;
(v)	by addressing it to the unincorporated association and transmitting it to the last known facsimile number of the unincorporated association; or
(vi)	by addressing it to the advocate (if any) of the unincorporated association and transmitting it by facsimile to the advocate’s office facsimile number; or

(j)

by any other prescribed method.

(2) In the case of service under subsection (1)(a), the person to whom the notice, order or document is served must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip.

(3) In the case of service under subsection (1)(b) and (c), the family member or employee to whom the notice, order or document is delivered must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip and writing down his name, age, identity card or passport number, contact details and relationship to the person on whom the notice, order or document is intended to be served.

(4) In the case of service under subsection (1)(g)(i), (h)(i) and (i)(i), the person to whom the notice, order or document is delivered must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip and writing down his name, age, identity card or passport number, contact details and position in the body corporate, limited liability partnership, partnership or unincorporated association, as the case may be, on which the notice, order or document is intended to be served.

(5) A reference in this Code to service by registered post is a reference to a postal service that records the posting and delivery of mail by the Postal Authority or public postal licensee.

(6) When a notice, order or document is served under this section, an affidavit of such service purporting to be made by the process server before an officer authorised to administer an oath shall be admissible in evidence.

Trial of offences under Penal Code or other laws

4.—(1) Offences under the Penal Code (Cap. 224) must be inquired into and tried according to this Code.

(2) Offences under any other written law must also be inquired into and tried according to this Code, subject to any law regulating the manner or place of inquiring into or trying those offences.

Saving of powers of Supreme Court and law officers

5. Nothing in this Code shall derogate from the jurisdiction or powers of the Court of Appeal or the High Court or the Judges thereof, or the Attorney-General or the Solicitor-General.

Where no procedure is provided

6. As regards matters of criminal procedure for which no special provision has been made by this Code or by any other law for the time being in force, such procedure as the justice of the case may require, and which is not inconsistent with this Code or such other law, may be adopted.

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