Courts (Civil and Criminal Justice) Reform Bill

Status:

Published in Bills Supplement
on 26 Jul 2021

Courts (Civil and Criminal Justice)
Reform Bill

Bill No. 18/2021

Read the first time on 26 July 2021.

An Act to amend the Interpretation Act, the Administration of Justice (Protection) Act 2016, the Arbitration Act, the Attorney‑General (Additional Functions) Act, the Civil Law Act, the Criminal Procedure Code, the Evidence Act, the Family Justice Act 2014, the International Arbitration Act, the Legal Profession Act, the Prisons Act, the State Courts Act, the Supreme Court of Judicature Act and certain other Acts, to reform, modernise, update and enhance court processes in the civil and criminal justice systems.

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

Short title and commencement

1. This Act is the Courts (Civil and Criminal Justice) Reform Act 2021 and comes into operation on a date that the Minister appoints by notification in the Gazette.

PART 1

AMENDMENT OF INTERPRETATION ACT

Amendment of section 41A

2. Section 41A of the Interpretation Act is amended —

(a)

by deleting the words “1st January 2006” in subsection (1) and substituting the words “the date of commencement of section 2 of the Courts (Civil and Criminal Justice) Reform Act 2021”;

(b)

by deleting the words “originating summons” wherever they appear in subsections (1)(i) and (2) and substituting in each case the words “originating application”;

(c)

by deleting the words “a writ of summons” in subsection (4) and substituting the words “an originating claim”; and

(d)

by deleting subsection (5) and substituting the following subsection:

“(5) To avoid doubt, any application that —

(a)	was made to a Court before the date of commencement of section 2 of the Courts (Civil and Criminal Justice) Reform Act 2021 under any written law to which subsection (1) applies; and
(b)	is pending before the Court on or after that date,

continues, unless otherwise ordered by the Court, to proceed in accordance with the provisions of the relevant written law and the practice and procedure as were in force and applicable in relation to that application immediately before that date, until the application is finally disposed of by the Court.”.

New sections 41D and 41E

3.—(1) The Interpretation Act is amended by inserting, immediately after section 41C, the following sections:

“References to writs, etc.

41D.—(1) As from the date of commencement of section 3(1) of the Courts (Civil and Criminal Justice) Reform Act 2021, a reference in any written law to a matter mentioned in the first column is to be construed as a reference to the corresponding expression in the second column, subject to the exceptions in subsection (2) and section 41E:

First column

Second column

Old expression

New expression

(a)	Writ of summons

Originating claim

(b)	Originating summons

Originating application

(c)

Subpoena

Order to attend court

(d)	Writ of execution

Enforcement order

(e)	Writ of seizure and sale

Enforcement order for seizure and sale of property

(f)	Writ of possession

Enforcement order for possession of property

(g)	Garnishee order

Enforcement order for attachment of a debt

(h)	Memorandum of appearance

Notice of intention to contest or not contest

(i)	Entry of appearance in relation to a writ of summons

Filing and service of a notice of intention to contest or not contest

(j)	Leave of court

Permission of court

(k)

Plaintiff

Claimant

(l)	Ex parte application

Application without notice.

(2) Subsection (1) does not apply in relation to any proceedings in the Family Division of the High Court, a Family Court or a Youth Court.

(3) A reference in any written law to a matter mentioned in the second column of the table in subsection (1) in relation to any proceedings in the Family Division of the High Court, a Family Court or a Youth Court is to be construed as a reference to the corresponding expression in the first column of that table.

References to originating claims, etc., in relation to Singapore International Commercial Court

41E. As from the date of commencement of section 3(1) of the Courts (Civil and Criminal Justice) Reform Act 2021, a reference in any written law to a matter mentioned in the first column in relation to any proceedings in the Singapore International Commercial Court is to be construed as a reference to the corresponding expression in the second column:

First column

Second column

(a)	Originating claim

Originating application

(b)	Writ of summons

Originating application

(c)	Notice of intention to contest or not contest

Defendant’s statement

(d)	Memorandum of appearance

Defendant’s statement

(e)	Filing and service of a notice of intention to contest or not contest

Filing and service of a defendant’s statement

(f)	Entry of appearance in relation to a writ of summons

Filing and service of a defendant’s statement.

”.

(2) The Interpretation Act, as amended by subsection (1), is further amended by deleting subsections (2) and (3) of section 41D and substituting the following subsections:

“(2) Despite subsection (1), as from the date of commencement of section 29 of the Courts (Civil and Criminal Justice) Reform Act 2021, a reference in any written law to a matter mentioned in the first column of item (a), (b), (h), (i), (k) or (l) in the table in subsection (1) in relation to any proceedings in the Family Division of the High Court, a Family Court or a Youth Court is not to be construed as a reference to the corresponding expression in the second column of that item.

(3) A reference in any written law to a matter mentioned in the second column of item (a), (b), (h), (i), (k) or (l) in the table in subsection (1) in relation to any proceedings in the Family Division of the High Court, a Family Court or a Youth Court is to be construed as a reference to the corresponding expression in the first column of that item.”.

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