Criminal Law (Advisory Committees) (Amendment) Rules 2025

Status:

Published in Subsidiary Legislation Supplement
on 31 Jan 2025

No. S 90

Criminal Law (Temporary Provisions) Act 1955

Criminal Law
(Advisory Committees)
(Amendment) Rules 2025

In exercise of the powers conferred by section 49(1) of the Criminal Law (Temporary Provisions) Act 1955, the Minister for Home Affairs makes the following Rules:

Citation and commencement

1. These Rules are the Criminal Law (Advisory Committees) (Amendment) Rules 2025 and come into operation on 1 February 2025.

Amendment of rule 2

2. In the Criminal Law (Advisory Committees) Rules (R 1) (called in these Rules the principal Rules), in rule 2 —

(a)	in the definition of “detention order”, replace “section 30(a)” with “section 30(1)(a)”; and
(b)	in the definition of “police supervision order”, replace “section 30(b)” with “section 30(1)(b)”.

Amendment of rule 6

3. In the principal Rules, in rule 6(1), replace “time and place at which the advisory committee will consider the grounds upon which the Minister made the order” with “date, time and place where the person may (in the case of a police supervision order) or must (in the case of a detention order) attend a hearing to be held by the advisory committee to consider the grounds upon which the Minister made the order, and whether the attendance must be through a live video link”.

New rule 6A

4. In the principal Rules, after rule 6, insert —

“Attending hearings through live video link

6A.—(1) Where a hearing for an advisory committee to consider the grounds upon which the Minister made an order is to be held, the chairman may require a person to attend the hearing through a live video link that is created using a remote communication technology approved by the Minister.

(2) A person attending a hearing in accordance with paragraph (1) must comply with the following requirements:

(a)	the person attends through a live video link from a place in Singapore appointed by the chairman under paragraph (3);
(b)	subject to paragraph (4), the person ensures that the hearing is not seen or heard by others not authorised by the chairman to attend the hearing;
(c)	the person does not record the hearing.

(3) The chairman may, subject to the general or specific directions of the Minister, appoint any place in Singapore for a person to attend a hearing through a live video link.

(4) Paragraph (2)(b) does not apply to a person attending a hearing at any of the following places:

(a)	the Supreme Court of Singapore at 1 Supreme Court Lane, Singapore 178879;
(b)	a place declared under section 3 of the Prisons Act 1933 to be a prison for the purposes of that Act;
(c)	the Ministry of Home Affairs Headquarters at New Phoenix Park, 28 Irrawaddy Road, Singapore 329560;
(d)	the Police Cantonment Complex at 391 New Bridge Road, Singapore 088762.

(5) A person who contravenes a requirement mentioned in paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.”.

Amendment of rule 7

5. In the principal Rules, in rule 7(1), replace “appear before the advisory committee at the time, date and place” with “attend a hearing to be held by the advisory committee to consider the grounds upon which the Minister made the order at the date, time and place”.

Replacement of rule 7A

6. In the principal Rules, replace rule 7A with —

“Hearing in respect of detention order

7A.—(1) A person against whom a detention order has been made —

(a)	must attend a hearing to be held by the advisory committee to consider the grounds upon which the Minister made the order at the date, time and place specified in the notice served on the person under rule 6; and
(b)	may make any representation in respect of the detention order made against the person.

(2) Even if the notice served on the person under rule 6 specifies that the person must attend the hearing through a live video link, the person may, with the leave of the chairman, attend the hearing in person before the advisory committee.

(3) An application for leave under paragraph (2) must be made by the person, or by an advocate and solicitor on behalf of the person, at least 2 days before the date of the hearing specified in the notice served on the person under rule 6.

(4) The person may, with the leave of the advisory committee, be represented by an advocate and solicitor, but the person’s appearance before the advisory committee in accordance with paragraph (1)(a) or (2) is not dispensed with by that representation.”.

Replacement of Schedule

7. In the principal Rules, replace the Schedule with —

“THE SCHEDULE

Rule 6(1)

FORM 1

NOTICE OF HEARING ON
POLICE SUPERVISION ORDER

To:

Take notice that the advisory committee will hold a hearing in respect of the police supervision order made against you.

You have the right to make any representation in respect of the police supervision order in the manner provided in rule 7 of the Criminal Law (Advisory Committees) Rules, which reads as follows:

“Hearing in respect of police supervision order

7.—(1) A person against whom a police supervision order has been made may attend a hearing to be held by the advisory committee to consider the grounds upon which the Minister made the order at the date, time and place specified in the notice served on him under rule 6 either in person or, with the leave of the advisory committee, by an advocate and solicitor, and may make any representation in respect of the police supervision order made against him.

(2) Any such person who does not desire to appear personally or by an advocate and solicitor may cause to be delivered to the chairman a written statement signed by that person or by his advocate and solicitor setting forth his representation.

(3) The advisory committee may refuse to consider any such written statement which does not reach the hands of the chairman at or before the time appointed for the hearing specified in the notice served under rule 6.”.

The grounds for the making of the police supervision order against you are —

.........................................................................................................................................................................................................................................................................................................................................................

If you wish to attend the hearing, you may do so on .................... 20...... at ............... a.m./p.m. at ...............................................................

Dated 20 .

Secretary.

FORM 2

NOTICE OF HEARING ON DETENTION ORDER

To:

Take notice that the advisory committee will hold a hearing in respect of the detention order made against you.

You have the right to make any representation in respect of the detention order in the manner provided in rule 7A of the Criminal Law (Advisory Committees) Rules, which reads as follows:

“Hearing in respect of detention order

7A.—(1) A person against whom a detention order has been made —

(a)	must attend a hearing to be held by the advisory committee to consider the grounds upon which the Minister made the order at the date, time and place specified in the notice served on the person under rule 6; and

(b)	may make any representation in respect of the detention order made against the person.

The grounds for the making of the detention order against you are —

You must attend the hearing through a live video link on .................... 20...... at ............... a.m./p.m. at ..................................

Dated 20 .

Secretary.

”.

[G.N. No. S 639/2010]

Made on 22 January 2025.

PANG KIN KEONG

Permanent Secretary,
Ministry of Home Affairs,
Singapore.

[MHA(CL)00112/2/068; AG/LEGIS/SL/67/2020/1]

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