Criminal Procedure Code 2010
An Act relating to criminal procedure.
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PART 1 β PRELIMINARY
s 1Short titles 2Interpretations 3Service of notices, orders and documentss 4Trial of offences under Penal Code 1871 or other lawss 5Saving of powers of Supreme Court and law officerss 6Where no procedure is providedPART 2 β CRIMINAL JURISDICTION OF STATE COURTS
s 7Criminal jurisdiction of Magistratesβ Courtss 8Criminal jurisdiction of District Courtss 9Enlargement of jurisdiction of State Courtss 10Consent required for prosecution of certain offencesPART 3 β POWERS OF ATTORNEY-GENERAL AND PUBLIC PROSECUTOR
s 11Public Prosecutors 12Public Prosecutorβs fiats 13Public Prosecutorβs power to take over conduct of prosecution, etc.PART 4 β INFORMATION TO POLICE AND POWERS OF INVESTIGATION
Division 1 β Duties of police officer on receiving information about offences
s 14Information about offences received by polices 15Information about offences received by authorised personss 16Procedure in non-arrestable casess 17Procedure when arrestable offence is suspecteds 18Investigation in arrestable casess 19Diary of proceedings in investigations 20Power to order production of any document or other things 21Power to require attendance of witnessess 22Power to examine witnessess 23Cautioned statementsDivision 2 β Search and seizure
s 24When search warrant may be issueds 25Search of house suspected to contain stolen property, forged documents, etc.s 26Form of search warrants 27Setting aside search warrants 28When search warrant issued to person other than police officers 29Execution of search warrants 30Search for person wrongfully confineds 31Person in charge of closed place to allow searchs 32Search without warrant for stolen propertys 33Summary searchs 34Search by police officer in arrestable cases 35Powers to seize property in certain circumstancess 36Forfeiture of counterfeit currency or banknote, etc.s 37List of all things seized to be made and signeds 38Power of court to impound document or other thing produceds 39Power to access computers 40Power to access decryption informationDivision 3 β Powers of investigation for offences related to statement recording
s 40APowers of investigation of certain law enforcement officers when recording statementss 40BOfficer deemed to be of certain rankDivision 4 β Powers of investigation for offences related to processes to compel appearance of accused
s 40CPowers of investigation of certain law enforcement officers when investigating certain bail or bond offencess 40DPowers of investigation of certain law enforcement officers when investigating offence of leaving Singapore without travel documentDivision 5 β Forensic medical examination
s 40EInterpretation of this Divisions 40FWhen FME is requireds 40GWho may carry out FME and how it is to be carried outs 40HConsent of alleged victim to undergo FME required in certain circumstancess 40IReasonable force to carry out FME in certain casess 40JOffence for refusal to undergo FMEs 40KInferences against accused person for refusal to undergo FMEPART 5 β PREVENTION OF OFFENCES
Division 1 β Security for keeping peace and for good behaviour
s 41Security for keeping peace on convictions 42Security for keeping peace by complainants 43Security for keeping peace generallys 44Security for good behaviour from suspected offenders, etc.s 45Security for good behaviour from habitual offenderss 46Order to show causes 47Procedure in respect of person subject to orders 48Attendance of person required to execute bonds 49Inquiry as to truth of informations 50Order to give securityDivision 2 β Proceedings following order to provide security
s 51Start of period for which security is requireds 52Contents of bonds 53Power to reject suretiess 54Imprisonment in default of securitys 55Power to release person imprisoned for failing to give securitys 56Discharge of suretyDivision 3 β Unlawful assemblies
s 57Who may order unlawful assembly to disperses 58When unlawful assembly may be dispersed by use of civil forces 59Use of military forces 60Minister or Commissioner of Police or Deputy Commissioner of Police may require any officer in command of troops to disperse unlawful assemblys 61When commissioned officer may disperse unlawful assembly by military forces 62Protection against prosecution for acts done under this DivisionDivision 4 β Preventive action of police
s 63Prevention of offences and use of lethal force by policePART 6 β ARREST AND BAIL AND PROCESSES TO COMPEL APPEARANCE
Division 1 β Arrest without warrant
s 64When arrest may be made without warrants 65Arrest on refusal to give name and residence to police officers 66Arrest by private persons 67How arrested person to be dealt withs 68Person arrested not to be detained more than 48 hoursDivision 2 β Arrest with warrant
s 69Warrant to whom directeds 70Arrest of person subject to warrants 71Form of arrest warrants 72Court may endorse on warrant security to be takens 73Notification of content of warrants 74Arrested person to be brought before court without delayDivision 3 β General provisions for arrests with or without warrant
s 75How to arrests 76No unnecessary restraints 77Search of place entered by person sought to be arresteds 78Search of person arrested and his or her premisess 79Power to seize offensive weaponss 80Search for name and addresss 81Detention and search of persons in place searcheds 82Mode of freeing personss 83Mode of searching womens 84Power to pursue and arrest after escape or rescues 85Release of arrested persons 86Public assistance in arrestss 87Assisting person other than police officer to execute warrantDivision 4 β Proclamation and attachment
s 88Proclamation for person abscondings 89Attachment of property of person proclaimeds 90Application for release of attached propertyDivision 5 β Bails and bonds
s 91Interpretation of this Divisions 92When person must normally be released on bail or personal bond, or on boths 93When person accused of non-bailable offence may be released on bail or personal bonds 94Conditions of bail or personal bonds 95Exceptions to bail or release on personal bonds 96Amount of bonds 97Powers of General Division of High Court regarding bails 98Application for bail or release on personal bond in General Division of High Courts 99Bond to be executeds 100Person to be releaseds 101Released person to give address for services 102Withdrawal, change of conditions, etc., of bails 103Absconding or breaking conditions of bail or personal bond, etc.s 104Duties of suretys 105Surety may apply to have bond dischargeds 106Security instead of suretys 106AProhibition against agreements to indemnify surety, etc.s 107Procedure for forfeiture of bond without suretiess 107AProcedure for forfeiture of bond with suretiess 108Appeal from orderss 109Power to direct levy of amount due on bondDivision 6 β Notice to attend court and bonds to appear in court
s 110Notice to attend courts 111Bond for appearance of complainant and witnessesDivision 7 β Surrender of travel document and requirement to remain in Singapore
s 112Surrender of travel documents 113Return of travel documents 114Where person acquainted with facts of investigation intends to leave SingaporeDivision 8 β Summons to appear in court
s 115Form and validity of summons, etc.s 116Service of summonss 117Proceedings against body corporate, limited liability partnership, etc.s 118Service for fine-only offences 119Proof of services 120Issue of warrant instead of or in addition to summonss 121Service of summons: reciprocal arrangements with Malaysia and Brunei Darussalams 122Detention of offender attending courtPART 7 β THE CHARGE
s 123Form of charges 124Details of time, place and person or things 125When manner of committing offence must be stateds 126Sense of words used in charge to describe offences 127Effect of errorss 128Court may alter charge or frame new charges 129Trial after alteration of charge or framing of new charges 130Stay of proceedings if altered or new charge requires Public Prosecutorβs consents 131Recall of witnesses on trial of altered or new charges 132Separate charges for distinct offencess 133Joining of similar offencess 134Trial for more than one offences 135Trial of offences within 2 or more definitionss 136Acts forming one offence but when combined form different offences 137Sections 134, 135 and 136 not to affect section 308s 138If it is doubtful what offence has been committeds 139When person charged with one offence can be convicted of anothers 140Conviction of attempt or abetments 141When offence proved is lesser offences 142Where court finds offence mentioned in section 10 proveds 143Persons who may be charged and tried jointlys 144Joint trials for connected offencess 145Joint trials with consents 146Separate trial when accused is prejudiceds 147Withdrawal of remaining charges on conviction on one of several chargess 148Outstanding offencess 149Death of accusedPART 7A β DEFERRED PROSECUTION AGREEMENTS
s 149AInterpretation of this Parts 149BEntering into DPA, etc.s 149CEffect of DPA on court proceedings while DPA is in forces 149DPersons who may enter into DPA with Public Prosecutors 149EContent of DPAs 149FCourt approval of DPAs 149GBreach of DPAs 149HVariation of terms of DPAs 149IExpiry of DPAs 149JPublication of informations 149KUse of material in criminal proceedingss 149LMoney received by prosecutor under DPAs 149MAppeals from certain decisions under this PartPART 8 β INITIATION OF CRIMINAL PROCEEDINGS AND COMPLAINT TO MAGISTRATE
s 150Initiation of criminal proceedingss 151Examination of complaints 152Dismissal of complaints 153Issue of summons or warrants 154Personal attendance of accused may be dispensed withs 155Absence of complainant in proceedings instituted on complaints 156Absence of accusedPART 9 β PRE-TRIAL PROCEDURES IN THE STATE COURTS
Division 1 β General matters
s 157Interpretation of this Parts 158Reading of charges 159When criminal case disclosure procedures applyDivision 2 β Criminal case disclosure procedures
s 160Criminal case disclosure conferences 161When Case for the Prosecution is serveds 162Contents of Case for the Prosecutions 163When Case for the Defence is serveds 164Court to explain to unrepresented accused certain requirements and consequencess 165Contents of Case for the Defences 166Time for service of other statements and exhibitss 167Fixing dates for trials 168If co-accused charged subsequentlyDivision 3 β Non-compliance with Division 2
s 169Consequences of non-compliance with Division 2Division 4 β Where criminal case disclosure procedures do not apply
s 170Court to try accused or transfer cases 171Case conferencePART 10 β PRE-TRIAL PROCEDURES IN GENERAL DIVISION OF HIGH COURT
Division 1 β General matters
s 172Interpretation of this Parts 173When accused first produced in courts 174Remand of accuseds 175Procedure for cases to be tried in General Division of High CourtDivision 5 β Transmission proceedings
s 210Transmission of case to General Division of High Courts 211Public Prosecutor may issue subsequent fiats 211AWhen criminal case disclosure procedures applys 212Procedure after case has been transmitted to General Division of High Courts 213When Case for the Prosecution is serveds 214Contents of Case for the Prosecutions 215When Case for the Defence is serveds 216Court to explain to unrepresented accused certain matterss 217Contents of Case for the Defences 218Time for service of other statements, etc.s 219Fixing dates for trials 220If co-accused charged subsequentlys 220ACase conferenceDivision 6 β Non-compliance with certain requirements in Division 5
s 221Consequences of non-compliance with certain requirements in Division 5PART 10A β PROSECUTIONβS OBLIGATION TO SERVE CERTAIN MATERIALS ON DEFENCE
s 221AMeanings of unused material and material witnesss 221BProsecutionβs obligation to serve certain materials on defences 221CNo obligation on prosecution to serve list of materials in prosecutionβs possessions 221DContinuing obligation of prosecution to serve unused material or statement of material witness, etc.PART 11 β GENERAL PROVISIONS RELATING TO PRE-TRIAL AND PLEAD GUILTY PROCEDURES IN ALL COURTS
Division 1 β General pre-trial procedures
s 222Conference by video links 223Extension of times 224Power of court to prohibit certain communications 225Restrictions on reports of restricted informations 225ARestrictions on use of material disclosed by prosecutions 225BMode of disclosing statement recorded in form of audiovisual recordings 225CMode of disclosing exhibit containing intimate imageDivision 2 β When accused pleads guilty electronically
s 226Pleading guilty electronicallyDivision 3 β Plead guilty procedures
s 227Procedure if accused pleads guilty, etc.s 228Address on sentence, mitigation and sentencePART 12 β PROCEDURE AT TRIAL IN ALL COURTS
s 229Interpretation of this Parts 230Procedure at trials 231Notice required to call witness or produce exhibits not disclosed in Case for the Prosecution or Case for the Defences 232Public Prosecutor may decline to further prosecute at any stage of trials 233Evidence to be taken in presence of accuseds 234Trial before single judges 235Power of court to order any production of document or thingPART 13 β GENERAL PROVISIONS RELATING TO PROCEEDINGS IN COURTS
Division 1 β General provisions
s 236Right of accused person to be defendeds 237Change of judge during trials 238Power to postpone or adjourn proceedingss 238AOral hearing not needed generallys 238BSummary dismissal of applicationsDivision 2 β Transfer of cases
s 239Power of General Division of High Court to transfer casess 240Transfer of cases by other courtsDivision 3 β Compounding of offences
s 241Compounding offencess 242Public Prosecutor may compound offencess 243Compounding of offences under other written lawsDivision 4 β Previous acquittals or convictions
s 244Person once convicted or acquitted not to be tried again for offence on same factss 245Plea of previous acquittal or convictionDivision 5 β Proceedings relating to persons of unsound mind or otherwise incapable of making defence
s 246Interpretation of this Divisions 247Procedure if accused is suspected to be incapable of making defences 248Certificate of designated medical practitioners 249Release, pending investigation or trial, of person incapable of making defences 250Resumption of proceedingss 251Acquittal on ground of unsound minds 252Safe custody of person acquitteds 253Visiting of person confined under section 249 or 252, or released under section 249, 252 or 255 on any conditions 254Procedure when person confined under section 249 or released under section 249 or 255(1) is reported able to make defences 255Delivery of person confined under section 249 or 252 to care of relative or friends 256Procedure when person confined under section 249 or 252, or released under section 249, 252 or 255 on any condition, certified fit for discharge or releases 256AFailure by person released to comply with condition of release order, etc.s 256BPersonal attendance of person subject to proceedings under this Division may be dispensed withs 256CCourt may conduct proceedings through video or television linksPART 14 β EVIDENCE AND WITNESSES
Division 1 β Preliminary
s 257Interpretation of this PartDivision 2 β Admissibility of certain types of evidence
s 258Admissibility of accusedβs statementss 258AAdmissibility of Case for the Defences 258BReference to certain documents in Case for the Prosecutions 259Witnessβs statement inadmissible except in certain circumstancess 260Admissibility of report on first information made under section 14 or 15s 261Inferences from accusedβs silences 262Use of affidavits sworn by witnessess 263Report of qualified personss 264Conditioned statementss 264AStatement recorded in form of audiovisual recordings 265When evidence of past possession of stolen property alloweds 266When evidence of previous conviction alloweds 267Proof by formal admissions 268Hearsay evidence in criminal proceedingss 269Opinion of expert in criminal proceedingss 270Opinion of psychiatrist in criminal proceedingss 278Notice of alibiDivision 3 β Ancillary hearing
s 279Procedure to determine admissibility of evidenceDivision 4 β Special provisions relating to recording or giving of evidence
s 280Power of Magistrate to record statementss 281Evidence through video or television linkss 281AMeasures to prevent witness from seeing accuseds 281BEvidence to be given in private in certain casesDivision 5 β Witnesses
s 282Attendance of prisoner as witnesss 283Power of court to summon and examine personss 284When person bound to give evidence intends to leave Singapores 285Recording of evidences 286Manner of recording evidences 288Interpretation of evidence to accuseds 289Remarks as to demeanour of witnesss 290How previous conviction or acquittal may be proveds 291Accused not to give evidence except on oath or affirmations 292Procedure when accused does not understand proceedingss 293Record of evidence in absence of accuseds 294Procedure when prospective witness is ills 295Taking of evidence before trials 296Deposition of medical witnesss 297Deposition of certain other witnessesPART 15 β JUDGMENT
s 298Mode of delivering judgments 299Procedure after judgment of appellate courts 300Judgment in alternatives 301Judgment not to be altereds 302Judgment to be filed with recordPART 16 β SENTENCES
Division 1 β Sentences in general
s 303Sentencess 303APresumptive minimum sentences 304Corrective training and preventive detentions 304ASentence for public protections 304BSentence for enhanced public protectionPART 16 β SENTENCES
Division 1 β Sentences in general
s 305Reformative trainings 306Sentence in case of conviction for several offences at one trials 307Consecutive sentences in certain casess 308Limit of punishment for offence made up of several offencess 309Police supervisions 310Requirements from person subject to supervisions 311Penalty for non-compliance with section 310s 312Application of law to orders for police supervision made in Malaysias 313Provisions as to execution of sentences of deaths 314No sentence of death against person below 18 years of ages 315Sentence of death not to be passed on pregnant womans 316Judgment of deaths 317Sentences other than of deaths 318Date that sentence beginss 319Provisions as to sentence of fines 320Suspension of execution in certain casess 321Who may issue warrants 322Commencement of sentence of imprisonment on prisoner already undergoing imprisonments 323Juvenile may be dealt with under Children and Young Persons Act 1993s 324Return of warrant of executionDivision 2 β Sentence of caning
s 325Execution of sentence of caning forbidden in certain casess 326Place for executing sentence of canings 327Time of executing sentence of canings 328Limit on number of strokess 329Mode of executing sentence of canings 330Caning not to be carried out by instalmentss 331Medical officerβs certificate requireds 332Procedure if punishment cannot be inflicted under section 331Division 3 β Suspensions, remissions and commutations of sentences
s 333Power to pardon, suspend or remit sentence, etc.s 334Power to commute punishmentPART 17 β COMMUNITY SENTENCES
s 335Interpretation of this Parts 336Meaning of βcommunity orderβ and βcommunity sentenceβs 337Community orderss 338Combination of community orderss 339Mandatory treatment orderss 340Obligations of offender subject to mandatory treatment orders 341Day reporting orderss 342Electronic monitoring of offender subject to day reporting orders 343Obligations of offender subject to day reporting orders 344Community work orderss 345Obligations of offender subject to community work orders 346Community service orderss 347Obligations of offender subject to community service orders 348Short detention orderss 349Taking of securitys 350Forfeiture of securitys 351Variation and revocation of community orders on grounds other than breach thereofs 352Breach of community orderss 353Commission of offence before community order is in forces 354Commission of further offencePART 18 β COMPENSATION AND COSTS
s 355Order for payment of costs by accused and order for payment of costs incurred by accused in accusedβs defences 356Costs ordered by Court of Appeal or General Division of High Courts 357Costs against defence counsels 358Costs awarded against Public Prosecutors 359Order for payment of compensations 360Provisions as to money payable as compensations 361Costs recoverable as judgment debts 362Reward for unusual exertions and compensation for family of person killed in arrestings 363Court may order payment of expenses of witnessesPART 19 β DISPOSAL OF PROPERTY
s 364Order for disposal of property by courts 365Direction instead of orders 366Payment to innocent person of money in possession of convicted persons 367Stay of orders 368Destruction of libellous and other matters 369Restoration of possession of immovable propertys 370Procedure governing seizure of propertys 371Procedure when person entitled to property is knowns 372Procedure when person entitled to property cannot be ascertained or cannot be foundPART 20 β APPEALS, POINTS RESERVED, REVISIONS AND CRIMINAL MOTIONS
Division 1 β Appeals
s 373Interpretation of this Parts 374When appeal may be mades 375Limited right of appeal against plea of guiltys 376Appeal against acquittal and sentence in private prosecutionss 377Procedure for appeals 378Petition of appeals 379Records of court proceedings to be sent to appellate court and respondents 380Appeal specially allowed in certain casess 381Procedure when appellant in prisons 382Bail pending appeals 383Stay of execution pending appeals 384Summary rejection of appeals 385Notice and time of hearings 386Appeal to be heard by one or more Judgess 387Procedure at hearings 388Non-appearance of respondents 389Arrest of respondent in certain casess 390Decision on appeals 391Omission to frame charges 392Taking additional evidences 393Death of party to appeals 394Grounds for reversal by appellate courtDivision 1A β Review of sentence of death when no appeal filed
s 394APublic Prosecutor to file petition for confirmations 394BCourt of Appeal to review sentence of deaths 394CPowers of Court of Appeal in petition for confirmations 394DPermission for parties to be heards 394EOrders on reviewDivision 1B β Review of earlier decision of appellate court
s 394FInterpretation of this Divisions 394GConditions for making review applications 394HApplication for permission to make review applications 394IHearing of review applications 394JRequirements for exercise of power of review under this Divisions 394KOther matters concerning review applications and applications for permissionDivision 2 β Points reserved
s 395Power of court to state cases 396Application to state case directly to Court of Appeals 397Reference to Court of Appeal of criminal matter determined by General Division of High Court in exercise of its appellate or revisionary jurisdictions 398Determination and orders 399Opinion on case statedDivision 3 β Revision of proceedings before State Courts
s 400Power to call for records of State Courtss 401Powers of General Division of High Court on revisions 402Orders on revisions 403Permission for parties to appearDivision 4 β Revision of orders made at criminal case disclosure conference
s 404Power to revise orders made at criminal case disclosure conferenceDivision 5 β Criminal motions
s 405Motions 406Notice of motions 407Form and issue of notice of motions 408Adjournment of hearings 408ADealing with motion in absence of parties, etc.s 408BDecision or order affecting lower courts 409CostsPART 21 β SPECIAL PROCEEDINGS
Division 2 β Special proceedings β Order for review of detention
s 417Application for order for review of detentions 418Orders for review of detentions 419Court martials 420Removal of prisoner from one custody to anothers 421Duty of officer to whom order or warrant is addresseds 422No appealPART 22 β MISCELLANEOUS
s 423When irregularities do not make proceedings invalids 424Duty to give information of certain matterss 425Irregularity in attachments 425AProhibition against publication, etc., that identifies complainant or alleged victim of sexual offence or child abuse offences 425BInformation not to be disclosed if prejudicial to national or public interests, etc.s 426Copies of proceedingss 427Amendment of Scheduless 428Minister to make regulationss 428ACriminal Procedure Rules Committee and Criminal Procedure Ruless 429Saving and transitional provisionsCite this legislation
- Official citation
- CPC2010
- Source
- sso.agc.gov.sg
- Data synced
Criminal Procedure Code 2010 (sso.agc.gov.sg). Retrieved via LawPlayer, https://lawplayer.com/sg/act/CPC2010
This text is synced from sso.agc.gov.sg. In case of any discrepancy, the official version prevails.
Cited in 647 judgments
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