Search within Legislation

Search Results

Criminal Law (Temporary Provisions) Act

(Chapter 67, Section 48)

Criminal Law (Advisory Committees) Rules

R 1

REVISED EDITION 1990

(25th March 1992)

[13th August 1971]

Citation

1. These Rules may be cited as the Criminal Law (Advisory Committees) Rules.

Definitions

2. In these Rules —

“advisory committee” means an advisory committee appointed under section 39 of the Act;

“detention order” means an order made by the Minister under section 30(a) of the Act;

[S 639/2010 wef 01/11/2010]

“order” means a detention order or a police supervision order;

[S 639/2010 wef 01/11/2010]

“police supervision order” means an order made by the Minister under section 30(b) or 32(1) of the Act.

[S 639/2010 wef 01/11/2010]

Members of committee

3.—(1) Every advisory committee shall consist of a chairman, an alternate chairman and a panel of members.

(2) An alternate chairman shall have all the powers conferred on the chairman by these Rules.

(3) For the purpose of carrying out its functions under section 31 of the Act in respect of any order made by the Minister, each advisory committee shall normally be composed of the chairman and two members but the proceedings of the advisory committee shall not be invalidated by the absence of one of the two members.

Secretary of committees

4. The Minister may appoint one or more public officers, either by name or by office, to be the secretary of the advisory committees appointed under the Act. The secretary shall attend all meetings of every advisory committee.

Compliance with section 31 of Act

5. It shall be sufficient compliance with section 31 of the Act if the Minister refers an order made by him to the secretary of an advisory committee.

Procedure for meetings

6.—(1) The secretary of an advisory committee shall, in consultation with the chairman, arrange all the meetings of the advisory committee and shall, as soon as possible thereafter, cause to be served on the person against whom an order has been made a written notice in the relevant form set out in the Schedule appointing a time and place at which the advisory committee will consider the grounds upon which the Minister made the order.

(2) The notice shall be served not less than 10 days before the date on which the advisory committee sits to consider the order made by the Minister.

(3) Service of the notice shall be effected in such manner as the secretary of the advisory committee shall generally or specially determine.

Hearing in respect of police supervision order

7.—(1) A person against whom a police supervision order has been made may appear before the advisory committee at the time, date 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.

[S 639/2010 wef 01/11/2010]

(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.

Hearing in respect of detention order

7A.—(1) A person against whom a detention order has been made shall appear in person before the advisory committee at the time, date and place specified in the notice served on him under rule 6 and may make any representation in respect of the detention order made against him.

(2) Any such person may, with the leave of the advisory committee, be represented by an advocate and solicitor, but his personal attendance before the advisory committee shall not be dispensed with.

[S 639/2010 wef 01/11/2010]

Postponements

8. Every advisory committee may postpone or adjourn the inquiry from time to time.

Meetings in private

9. Every advisory committee shall sit in private.

Matters of which the committee may take cognizance

10.—(1) When considering an order made by the Minister an advisory committee shall have regard to the person’s association with activities of a criminal nature and to any written or other report, information, document or evidence which may by the direction of the Minister be placed before the advisory committee.

(2) No written or other report, information, document or evidence, or part thereof, which may be placed before the advisory committee shall unless authorised by the Minister be disclosed to any person other than the secretary or members of the advisory committee.

Protection of witnesses

11. The representation of any person shall, if he so requests, be taken by the advisory committee in the absence of the person against whom the order has been made and his counsel, if any, and of all other persons except the members and staff of the advisory committee. Such evidence shall, if necessary, be taken in such circumstances as shall ensure that the identity of the witness is protected from discovery.

Report of committee

12. The report of the advisory committee to the President under section 31 of the Act shall be secret and shall not be disclosed to any person other than an officer of the Government who has the express or implied authority of the Government to prepare, see or comment on the report of the advisory committee.

Evidence

13. An advisory committee may in its discretion hear any witness and may admit or reject any evidence adduced, whether oral or documentary and whether admissible or inadmissible under any written law for the time being in force relating to the admissibility of evidence.