§ 144 — Joint trials for connected offences

144. Despite section 143, persons accused of different offences, whether under the same written law or under different written laws, may be charged separately and tried together, if either or both of the following apply:(a)

those offences arise from the same series of acts, whether or not those acts form the same transaction;

(b)

there is any agreement between those persons for each person to engage in conduct from which arises the offence that person is charged with.Illustrations

(a)

A agrees to let B keep B’s benefits of drug trafficking in A’s bank account to avoid detection. A and B may be separately charged and tried together for offences under sections 50(1)(a) and 53(1)(a) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, respectively, as the offences arise from the same series of acts.

(b)

A sells 10 grams of diamorphine to B. Out of the 10 grams of diamorphine, B sells 5 grams to C. A, B and C may be separately charged and tried together for offences under section 5(1)(a) of the Misuse of Drugs Act 1973 as the offences arise from the same series of acts.

(c)

A has in A’s possession a secret official code word which has been entrusted in confidence to A by a person holding office under the Government and fails to take reasonable care of the secrecy of the information. As a result of A’s failure, B comes into possession of the secret official code word and retains it for a purpose prejudicial to the safety of Singapore when B has no right to retain it. A and B may be separately charged and tried together for offences under sections 5(1)(i) and 6(2)(a) of the Official Secrets Act 1935, respectively, as the offences arise from the same series of acts.

(d)

A gives B a gratification as an inducement for awarding a contract by B’s company to A. A and B may be separately charged and tried together for offences under section 6(b) and (a), respectively, of the Prevention of Corruption Act 1960 as the offences arise from the same series of acts.

(e)

Members of opposing factions in an unlawful assembly or a riot may be separately charged and tried jointly as the offence of unlawful assembly or rioting arises from the same series of acts.

(f)

A, B and C are present when officers from the Corrupt Practices Investigation Bureau conduct a search of certain premises during an investigation into an offence under the Prevention of Corruption Act 1960. A states to the officers that there is no evidence of the offence in those premises, when A knows the statement is false. B overhears A’s statement and, knowing A’s statement is false, tells C to repeat the same false account to the officers. A and B are charged separately with an offence under section 28(b) of the Prevention of Corruption Act 1960 and an offence under section 204A of the Penal Code 1871, respectively. A and B may be tried together for those offences, as those offences arise from the same series of acts.

(g)

A, B and C enter into an agreement for A to traffic in a controlled drug, B to manage a brothel and C to import uncustomed goods, with the profits from these activities to be shared among them. A, B and C are charged separately for an offence under section 5(1)(a) of the Misuse of Drugs Act 1973, an offence under section 148(1) of the Women’s Charter 1961 and an offence under section 128F of the Customs Act 1960, respectively. A, B and C may be tried together for those offences, as there was an agreement between those persons for each person to engage in conduct from which arose the offence that person is charged with.

[19/2018]