Criminal Procedure Code (Reformative Training) Regulations 2010

No. S 802

Criminal Procedure Code 2010

(Act 15 of 2010)

Criminal Procedure Code (Reformative Training) Regulations 2010

In exercise of the powers conferred by section 428(2)(b) of the Criminal Procedure Code 2010, the Minister for Law hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Criminal Procedure Code (Reformative Training) Regulations 2010 and shall come into operation on 2nd January 2011.

Definitions

2. In these Regulations —

“Minister” means the Minister charged with the responsibility for home affairs;

“Visiting Justices” means the Board of Visiting Justices appointed under section 79 of the Prisons Act (Cap. 247) and includes any committee of such number of members thereof as the Minister may from time to time direct.

Detention in reformative training centre

3.—(1) Subject to paragraph (2), a person sentenced to reformative training shall be detained in a reformative training centre for such period, not extending beyond 3 years after the date of his sentence, as the Visiting Justices may determine, and shall then be released.

(2) No person sentenced to reformative training shall be released from a reformative training centre before the expiration of 18 months from the date of his sentence except by direction of the President.

Supervision of person released from reformative training centre

4.—(1) A person shall, after his release from a reformative training centre and until the expiration of 4 years from the date of his sentence, be under the supervision of such person as may be specified in a notice to be given to him by the Visiting Justices on his release, and shall, while under that supervision, comply with such requirements as may be so specified.

(2) The Visiting Justices may at any time modify or cancel any of the said requirements or order that a person who is under supervision as aforesaid shall cease to be under supervision.

Failure to comply with requirements of release

5.—(1) If, before the expiration of 4 years from the date of his sentence, the Visiting Justices are satisfied that a person who is under supervision after his release from a reformative training centre under regulation 3 has failed to comply with any requirement for the time being specified in the notice given to him under regulation 4, the Visiting Justices may by order recall him to a reformative training centre.

(2) Any person so recalled shall be liable to be detained in the reformative training centre until the expiration of 3 years from the date of his sentence, or the expiration of 6 months from the date of his being taken into custody under the order, whichever is the later, and, if at large, shall be deemed to be unlawfully at large.

(3) Any order under paragraph (1) shall, at the expiration of 4 years from the date of the sentence, cease to have effect unless the person to whom it relates is then in custody thereunder.

(4) The Visiting Justices may at any time release a person who is detained in a reformative training centre under this regulation, and regulations 3 and 4 shall apply in the case of a person so released as they apply in the case of a person released under regulation 3.

Subsequent sentence of corrective training, preventive detention or imprisonment

6.—(1) If any person, while under supervision under regulation 4, or after his recall to a reformative training centre under regulation 5, is sentenced to corrective training or reformative training, his original sentence of reformative training shall cease to have effect.

(2) If any person, while under supervision under regulation 4, or after his recall to a reformative training centre under regulation 5, is sentenced to imprisonment, any period for which he is imprisoned under that sentence shall count as part of the period for which he is liable to detention in a reformative training centre under his original sentence.

Release to engage in employment

7.—(1) Notwithstanding regulation 3, the Minister may, from time to time, on the recommendation of the Visiting Justices, direct that a detainee shall be released from day to day to engage in such employment (including self-employment) as the Minister may specify.

(2) Any direction made under paragraph (1) shall have effect for a period to be fixed by the Minister and may be subject to such conditions and restrictions as may be imposed by the Minister.

(3) The Minister may at any time revoke any direction made under paragraph (1).

(4) The Minister may, subject to such conditions and restrictions as the Minister thinks fit, grant leave to a detainee in respect of whom a direction has been made under paragraph (1) to spend his leave at such place as the Minister may specify.

(5) The Minister may at any time revoke any leave granted to a detainee under paragraph (4).

(6) Where any direction made under paragraph (1) is in force in respect of a detainee or any leave is granted under paragraph (4) to a detainee, the superintendent of the reformative training centre shall release the detainee at such times and for such periods as are necessary to give effect to the direction or grant of leave.

(7) If any detainee, in respect of whom a direction has been made under paragraph (1) or leave has been granted under paragraph (4), remains at large without lawful excuse or fails to return to his place of detention after such direction or leave has been revoked, he shall be deemed to be unlawfully at large and to have escaped from lawful custody.

(8) Every person released under this regulation shall continue to be in the legal custody of the superintendent of the reformative training centre from which he is released during every period for which he is so released.

(9) In this regulation, “detainee” means any person who is detained in a reformative training centre in pursuance of a sentence passed under section 305 of the Code.

Visiting Justices to act according to directions, etc.

8. The Visiting Justices in exercising their functions under these Regulations shall act in accordance with any general or special directions of the Minister, and shall consider any report made to them on the advisability of releasing a person by the superintendent of a reformative training centre.

Made this 24th day of December 2010.

PANG KIN KEONG

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW06/011/007 Vol. 46; AG/LLRD/SL/68/2010/11 Vol. 1]

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