Summary procedure where contempt is in face of court
25.—(1) Where it appears to a court (other than a Small Claims Tribunal and an Employment Claims Tribunal), that a person has committed contempt in the face of the court, and that court is satisfied that it is necessary for immediate steps to be taken for the protection of the due administration of justice, that court may cause such person to be detained in custody, and must as soon as practicable —(a)
cause the person to be informed in writing of the contempt with which he or she is charged;
(b)
afford the person an opportunity to make his or her defence to the charge;
(c)
after taking such evidence as may be necessary or as may be offered by the person and after hearing the person, proceed, either immediately or after adjournment, to determine the matter of the charge; and
(d)
make such order for the punishment or discharge of the person as may be just.
(2) Despite subsection (3), the court may direct that a person charged with contempt in the face of the court be detained in such custody as the court may specify pending the determination of the charge or be released on bail or on his or her own bond.
(3) The provisions under Division 5 of Part 6 of the Criminal Procedure Code 2010 apply to any case where the court releases the person charged with a contempt of court on bail or on his or her own bond under this section and for the purposes of those provisions, the contempt of court is treated as a non‑bailable offence.
(4) To avoid doubt and despite subsections (1) and (2), the proceedings being conducted in the court before the contempt in the face of the court was committed may continue as the court thinks fit.
Contempt proceedings
26.—(1) Proceedings for contempt of court and the power of the court to punish the contempt of court must be exercised in accordance with the procedure set out in Rules of Court or Family Justice Rules.
(2) To avoid doubt, this section applies to proceedings for contempt of court even though —(a)
the Attorney-General has under section 22 authorised a police officer to investigate an alleged contempt as if it were an arrestable offence;
(b)
the Attorney-General has under section 23 authorised a police officer to exercise all or any of the powers in relation to police investigations set out in Part 1 of the Schedule; or
(c)
the Attorney-General’s consent is required under section 30 for the institution of such proceedings for contempt of court.
(3) The court in any proceedings for contempt of court may award costs to be paid by or to any party as it thinks fit.
(4) The Rules Committee constituted under the Supreme Court of Judicature Act 1969 may make Rules of Court prescribing the procedure for proceedings for contempt of court, the procedure for the punishment of contempt of court and the procedure under section 13(8) and (9).
(5) The Family Justice Rules Committee constituted under the Family Justice Act 2014 may make Family Justice Rules prescribing the procedure for proceedings for contempt of court, the procedure for the punishment of contempt of court and the procedure under section 13(8) and (9).
(6) To avoid doubt and for the purposes of the Supreme Court of Judicature Act 1969 and the State Courts Act 1970, any originating process for contempt of court is an originating process for the purposes of service outside Singapore in the circumstances authorised by and in the manner prescribed by Rules of Court or Family Justice Rules.
Evidence through video or television links
26A.—(1) Despite any other written law, but subject to this section, in any proceedings brought against a person for contempt of court, a court may only grant permission for the person against whom those proceedings are brought to give evidence or to appear (other than to give evidence) by means of a live video or live television link, if —(a)
the court is satisfied that —(i)
it is in the interests of justice for that person to give evidence or to appear (other than to give evidence) by means of a live video or live television link; and
(ii)
sufficient administrative and technical facilities and arrangements are made at the place from which that person is to give evidence or to appear; and
(b)
that person gives evidence or appears (other than to give evidence) by means of a live video or live television link from —(i)
a place within a court or a prison in Singapore; or
(ii)
any other place in Singapore, where all parties consent to that person giving evidence or appearing from that place.
(2) Despite any other written law, but subject to this section, in any proceedings mentioned in subsection (1), the court may grant permission for a witness (not being the person against whom the proceedings are brought) in Singapore to give evidence from a place in Singapore by means of a live video or live television link, if —(a)
the court is satisfied that sufficient administrative and technical facilities and arrangements are made at the place from which the witness is to give evidence; and
(b)
any one of the following conditions is satisfied:(i)
the witness is below the age of 18 years;
(ii)
it is expressly agreed between the parties to the proceedings that evidence may be so given;
(iii)
the court is satisfied that it is expedient in the interests of justice to do so.
(3) Despite any other written law, but subject to this section, in any proceedings mentioned in subsection (1), a court may only grant permission for a witness (not being the person against whom the proceedings are brought) who is not in Singapore to give evidence from a place that is not in Singapore by means of a live video or live television link, if —(a)
the court is satisfied that allowing the witness to give evidence from a place that is not in Singapore by means of a live video or live television link would be in the interests of justice;
(b)
the court is satisfied that sufficient administrative and technical facilities and arrangements are made at the place from which the witness is to give evidence; and
(c)
any one of the following conditions is satisfied:(i)
the witness is an expert witness;
(ii)
the witness is a witness of fact and all parties consent to the witness giving evidence from outside Singapore;
(iii)
the witness —(A)
is a witness of fact;
(B)
is unable to give evidence from a place in Singapore; and
(C)
has —(CA)
sworn an affidavit, in accordance with any Rules of Court or Family Justice Rules governing such affidavit, containing the evidence-in-chief which the witness proposes to give to the court; or
(CB)
made a statutory declaration in the manner provided in section 11 or 12 of the Oaths and Declarations Act 2000* containing the evidence-in-chief which the witness proposes to give to the court.[*Updated to be consistent with the 2020 Revised Edition]
(4) For the purposes of subsection (3)(c)(iii)(B), a witness is not unable to give evidence from a place in Singapore merely because —(a)
the witness fears arrest in Singapore or in any other jurisdiction;
(b)
the witness fears prosecution in Singapore or in any other jurisdiction; or
(c)
a warrant of arrest has been issued against the witness in Singapore or in any other jurisdiction.
(5) The court may, in granting permission under subsection (1), (2) or (3), make an order on all or any of the following matters:(a)
the persons who may be present at the place where the witness is giving evidence;
(b)
that a person be excluded from the place while the witness is giving evidence;
(c)
the persons in the courtroom who must be able to be heard, or seen and heard, by the witness and by the persons with the witness;
(d)
the persons in the courtroom who must not be able to be heard, or seen and heard, by the witness and by the persons with the witness;
(e)
the persons in the courtroom who must be able to see and hear the witness and the persons with the witness;
(f)
the stages in the proceedings during which a specified part of the order is to have effect;
(g)
the method of operation of the live video or live television link system including compliance with such minimum technical standards as may be determined by the Chief Justice;
(h)
any other order the court considers necessary in the interests of justice;
(i)
any other matter prescribed by rules made under subsection (13) for the purposes of this subsection.
(6) The court may revoke, suspend or vary an order made under this section if —(a)
the live video or live television link system stops working and it would cause unreasonable delay to wait until a working system becomes available;
(b)
it is necessary for the court to do so to comply with its duty to ensure that the proceedings are conducted fairly to the parties to the proceedings;
(c)
it is necessary for the court to do so, so that the witness can identify a person or a thing or so that the witness can participate in or view a demonstration or an experiment;
(d)
it is necessary for the court to do so because part of the proceedings is being heard outside a courtroom;
(e)
there has been a material change in the circumstances after the court has made an order; or
(f)
any conditions prescribed by rules made under subsection (13) for the purposes of this subsection are met.
(7) A court may, if the court considers it necessary, either on the court’s own motion or on the application of a person against whom proceedings for contempt of court are brought, require a person against whom proceedings for contempt of court are brought to be produced in person before the court in proceedings mentioned in subsection (1).
(8) The court must not make an order under this section, or include a particular provision in such an order, if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to the parties to the proceedings.
(9) In making any order under this section, or any particular provision in such an order, a court is to have regard to matters prescribed by rules made under subsection (13).
(10) An order made under subsection (2) does not cease to have effect merely because the person in respect of whom the order was made attains the age of 18 years before the proceedings in which the order was made are finally determined.
(11) Evidence given by a witness (whether in Singapore or elsewhere), or a person against whom proceedings are brought for contempt of court, through a live video or live television link by virtue of this section is deemed for the purposes of sections 193, 194, 195, 196 and 205 of the Penal Code 1871* as having been given in the proceedings in which the evidence is given.[*Updated to be consistent with the 2020 Revised Edition]
(12) Where a person gives evidence in accordance with this section, the person is, for the purposes of the Evidence Act 1893*, deemed to be giving evidence in the presence of the court.[*Updated to be consistent with the 2020 Revised Edition]
(13) The Rules Committee constituted under the Supreme Court of Judicature Act 1969*, and the Family Justice Rules Committee constituted under the Family Justice Act 2014, may make such rules as appear to it to be necessary or expedient for the purpose of giving effect to this section and for prescribing anything which may be prescribed under this section.[*Updated to be consistent with the 2020 Revised Edition]
(14) In this section, “live video or live television link” means a live video or live television link that is created using an electronic communication technology approved by the Chief Justice.[Act 25 of 2021 wef 01/04/2022]
Bail in contempt proceedings
27.—(1) When any person appears before a court in proceedings for contempt of court, the person may be released on bail by that court.
(2) Instead of taking bail from the person, the court may release the person if he or she signs a personal bond without sureties.
(3) The provisions under Division 5 of Part 6 of the Criminal Procedure Code 2010 apply to any case where the court releases the person charged with a contempt of court on bail or on his or her own bond under this section and for the purposes of those provisions, the contempt of court is treated as a non‑bailable offence.
(4) A court may grant bail to a person who has filed an appeal against any order or decision in accordance with section 32.
Standard of proof for contempt of court
28. The standard of proof for establishing contempt of court is that of beyond reasonable doubt.
Burden and standard of proof for defences
29. To avoid doubt, the burden of proof for proving the existence of circumstances bringing the case within any of the defences to contempt of court under Part 4 is upon the person relying on the defence and the standard of proof is on the balance of probabilities.
Consent of Attorney-General
30.—(1) No proceedings for contempt of court as defined in section 3 or 4(8) may be instituted except by or with the consent of the Attorney‑General.
(2) To avoid doubt, proceedings for contempt in the face of the court under section 25 and any other proceedings commenced by the General Division of the High Court, the Appellate Division of the High Court or the Court of Appeal on its own motion do not require the consent of the Attorney‑General.[40/2019]
Attorney-General’s power to take over conduct of proceedings, etc.
31. Where proceedings for contempt of court, that were not commenced by a court, are conducted by a person other than the Attorney‑General, the Attorney‑General may, if he or she thinks fit, take over the conduct of the proceedings at any stage of the proceedings and continue the proceedings or, with the consent of the court, discontinue the proceedings.
Appeals
32.—(1) An appeal lies from any order or decision of the General Division of the High Court, the Appellate Division of the High Court, a State Court, a Family Court or a Youth Court —(a)
in the exercise of its jurisdiction to try and punish for contempt of court; or
(b)
otherwise under this Act.[40/2019]
(2) No appeal may be brought under subsection (1) against any order or decision of the General Division of the High Court in the exercise of its appellate jurisdiction or the Appellate Division of the High Court in the exercise of its appellate jurisdiction, except with the permission of —(a)
(in the case of the General Division of the High Court) the court to which the appeal is to be made under section 29C of the Supreme Court of Judicature Act 1969; and
(b)
(in the case of the Appellate Division of the High Court) the Court of Appeal.[40/2019]
[Act 25 of 2021 wef 01/04/2022]
(3) The appeal or application for permission to appeal must be filed in accordance with Rules of Court or Family Justice Rules (as the case may be) as if the appeal were an appeal in civil proceedings.[Act 25 of 2021 wef 01/04/2022]
(4) An appeal does not operate as a stay of execution or enforcement unless the trial court or the appellate court so orders.[Act 25 of 2021 wef 01/04/2022]
(5) The trial court or the appellate court may stay execution or enforcement on any judgment, order or punishment pending appeal on such terms as to security for the payment of any money or the performance or non‑performance of any act or the suffering of any punishment ordered by or in such judgment or order as to the court may seem reasonable.[Act 25 of 2021 wef 01/04/2022]
(6) At the hearing of the appeal, the appellate court has and may exercise any power which the trial court may have exercised.
Enforcement of fines
33. Payment of a fine for contempt of court imposed by any court may be enforced upon the order of the court in like manner as a fine imposed by a court in criminal proceedings under the Criminal Procedure Code 2010.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
