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Criminal Procedure Code (Amendment No. 2) Bill

Bill No. 11/1984

Read the first time on 29th June 1984.

An Act to amend the Criminal Procedure Code (Chapter 113 of the Revised Edition).

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

Short title

1. This Act may be cited as the Criminal Procedure Code (Amendment No. 2) Act 1984.

Amendment of section 12

2. Section 12 of the Criminal Procedure Code (referred to in this Act as the Code) is amended by deleting subsections (1) and (2) and substituting the following subsections:

“(1) Where a person who is not less than 18 years of age —

(a)	is convicted before the High Court or a District Court of an offence punishable with imprisonment for a term of 2 years or upwards, and has been convicted on at least two previous occasions since he attained the age of 16 years of offences punishable with such a sentence; or
(b)	is convicted at one trial before the High Court or a District Court of three or more distinct offences punishable with imprisonment for a term of 2 years or upwards, and has been convicted and sentenced to imprisonment for a term of not less than one month since he attained the age of 16 years of an offence punishable with imprisonment for a term of 2 years or upwards,

then, if the court is satisfied that it is expedient with a view to his reformation and the prevention of crime that he should receive training of a corrective character for a substantial period of time, followed by a period of supervision if released before the expiration of his sentence, the court, unless it has special reasons for not so doing, shall pass, in lieu of any sentence of imprisonment, a sentence of corrective training for such term of not less than 5 nor more than 14 years as the court may determine.

(2) Where a person who is not less than 30 years of age —

(a)	is convicted before the High Court or a District Court of an offence punishable with imprisonment for a term of 2 years or upwards, and has been convicted on at least three previous occasions since he attained the age of 16 years of offences punishable with such a sentence, and was on at least two of those occasions sentenced to imprisonment or corrective training; or
(b)	is convicted at one trial before the High Court or a District Court of three or more distinct offences punishable with imprisonment for a term of 2 years or upwards, and has been convicted and sentenced to imprisonment for a term of not less than one month since he attained the age of 16 years of an offence punishable with imprisonment for a term of 2 years or upwards,

then, if the court is satisfied that it is expedient for the protection of the public that he should be detained in custody for a substantial period of time, followed by a period of supervision if released before the expiration of his sentence, the court, unless it has special reasons for not so doing, shall pass, in lieu of any sentence of imprisonment, a sentence of preventive detention of such term of not less than 7 nor more than 20 years as the court may determine.”.

New section 17A

3. The Code is amended by inserting, immediately after section 17, the following section:

“Consecutive sentences in certain cases

17A. Where at one trial a person is convicted of and sentenced to imprisonment for at least three distinct offences, the court before which he is convicted shall order that the sentences for at least two of those offences shall run consecutively.”.

Amendment of section 35

4. Section 35 of the Code is amended by deleting the words “twenty-four hours” in subsection (2) and in the marginal note and substituting in each case the words “48 hours”.

Amendment of Schedule A

5. Schedule A to the Code is amended —

(a)

by inserting, immediately below the entries relating to section 354, the following entries in the appropriate columns indicated below:

“354A

Voluntarily causing or attempting to cause death, hurt, etc., in committing the offence of outraging modesty.

Ditto

Not bailable

Not compoundable

Imprisonment for 10 years, and caning

District Court.”;

(b)

by deleting the word “Ditto” in column 5 against section 355 and substituting the word “Bailable”;

(c)

by deleting the word “Ditto” in column 6 against section 355 and substituting the words “Compoundable by the person assaulted to whom force was used.”; and

(d)

by inserting, immediately below the entries relating to section 379, the following entries in the appropriate columns indicated below:

“379A

Theft of motor vehicle or component part thereof

Ditto

Imprisonment for 7 years, and fine

Ditto.”.