Conference by video link
222. A criminal case disclosure conference, or a case conference, held under Part 9 or 10, or any matter in relation to such criminal case disclosure conference or case conference, may be heard by video link.[Act 25 of 2021 wef 01/04/2022]
Extension of time
223.—(1) Any party to a criminal case disclosure conference may at any time apply to the court for an extension of time or a further extension of time to file or serve any document required under Part 9 or 10.(2) Any application under subsection (1) must be heard in the presence of all the parties to the criminal case disclosure conference. —(1) Any party to a criminal case disclosure conference may at any time apply to the court for an extension of time or a further extension of time to file or serve any document required under Part 9 or 10. (2) Any application under subsection (1) must be heard in the presence of all the parties to the criminal case disclosure conference.
Power of court to prohibit certain communication
224.—(1) A relevant judge may, if satisfied that it is expedient in the interests of public safety, public security or propriety, public order, national interest or national security of Singapore or any part thereof, or for other sufficient reason to do so, order that any information contained in —(a) the Case for the Prosecution mentioned in sections 162 and 214; (b) the Case for the Defence mentioned in sections 165(1) and 217(1); or (c) the statements, exhibits or records mentioned in section 166(1) or 218(1), must not be communicated to any other person by the accused, and if the accused is represented by an advocate, by the accused’s advocate as well. [19/2018] (2) Despite subsection (1), an accused or an accused’s advocate (if any) may make an application to the relevant judge for the information contained in the Case for the Prosecution which is subject to an order under that subsection to be communicated to any other person, and the relevant judge may grant the application if the relevant judge is satisfied that such communication is necessary and desirable for the accused to conduct the accused’s defence. (3) The relevant judge who grants an application under subsection (2) may impose any condition as the relevant judge thinks necessary relating to the communication of the information to any other person. (4) Any person who acts in contravention of any order under subsection (1) or any condition imposed by the relevant judge under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (5) The “relevant judge” mentioned in this section means a District Judge, Magistrate, the Registrar of the State Courts or the Registrar of the Supreme Court (as the case may be) conducting a criminal case disclosure conference under Part 9 or 10.[5/2014] —(1) A relevant judge may, if satisfied that it is expedient in the interests of public safety, public security or propriety, public order, national interest or national security of Singapore or any part thereof, or for other sufficient reason to do so, order that any information contained in —(a) the Case for the Prosecution mentioned in sections 162 and 214; (b) the Case for the Defence mentioned in sections 165(1) and 217(1); or (c) the statements, exhibits or records mentioned in section 166(1) or 218(1), must not be communicated to any other person by the accused, and if the accused is represented by an advocate, by the accused’s advocate as well. [19/2018] (2) Despite subsection (1), an accused or an accused’s advocate (if any) may make an application to the relevant judge for the information contained in the Case for the Prosecution which is subject to an order under that subsection to be communicated to any other person, and the relevant judge may grant the application if the relevant judge is satisfied that such communication is necessary and desirable for the accused to conduct the accused’s defence. (3) The relevant judge who grants an application under subsection (2) may impose any condition as the relevant judge thinks necessary relating to the communication of the information to any other person. (4) Any person who acts in contravention of any order under subsection (1) or any condition imposed by the relevant judge under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (5) The “relevant judge” mentioned in this section means a District Judge, Magistrate, the Registrar of the State Courts or the Registrar of the Supreme Court (as the case may be) conducting a criminal case disclosure conference under Part 9 or 10.[5/2014]
Restrictions on reports of restricted information
225.—(1) It is not lawful to publish a report of any information contained in —(a) the Case for the Prosecution mentioned in sections 162 and 214; (b) the Case for the Defence mentioned in sections 165(1) and 217(1); or (c) the statements, exhibits or records mentioned in section 166(1) or 218(1), other than the names, ages and occupations of the accused person or persons, and the offence or offences, or a summary of them, with which the accused person or persons is or are charged. [19/2018] (2) If a report is published in contravention of this section, the following persons shall be liable on summary conviction to a fine not exceeding $5,000:(a) in the case of a publication of a report as part of a newspaper or periodical — any proprietor, editor or publisher of the newspaper or periodical; (b) in the case of a publication of a report otherwise than as part of a newspaper or periodical — the person who publishes it; (c) in the case of a broadcast of a report by a body corporate, limited liability partnership, partnership or unincorporated association — any person acting on behalf of the body corporate, limited liability partnership, partnership or unincorporated association, having functions in relation to the broadcast of the report corresponding to those of the editor of a newspaper or periodical. (3) Proceedings for an offence under this section may not be instituted otherwise than by or with the consent of the Public Prosecutor. (4) Subsection (1) is in addition to, and not in derogation of, the provisions of any other written law with respect to the publication of reports and proceedings of any court. (5) In this section —“broadcast” means any transmission of signs or signals for general reception, using wireless telecommunications or any other means of delivery, and whether or not the transmission is encrypted; “publish”, in relation to a report, means make the report available to the general public of Singapore, or any section thereof, in whatever form and by whatever means, including broadcasting and transmitting on what is commonly known as the Internet. —(1) It is not lawful to publish a report of any information contained in —(a) the Case for the Prosecution mentioned in sections 162 and 214; (b) the Case for the Defence mentioned in sections 165(1) and 217(1); or (c) the statements, exhibits or records mentioned in section 166(1) or 218(1), other than the names, ages and occupations of the accused person or persons, and the offence or offences, or a summary of them, with which the accused person or persons is or are charged. [19/2018] (2) If a report is published in contravention of this section, the following persons shall be liable on summary conviction to a fine not exceeding $5,000:(a) in the case of a publication of a report as part of a newspaper or periodical — any proprietor, editor or publisher of the newspaper or periodical; (b) in the case of a publication of a report otherwise than as part of a newspaper or periodical — the person who publishes it; (c) in the case of a broadcast of a report by a body corporate, limited liability partnership, partnership or unincorporated association — any person acting on behalf of the body corporate, limited liability partnership, partnership or unincorporated association, having functions in relation to the broadcast of the report corresponding to those of the editor of a newspaper or periodical. (3) Proceedings for an offence under this section may not be instituted otherwise than by or with the consent of the Public Prosecutor. (4) Subsection (1) is in addition to, and not in derogation of, the provisions of any other written law with respect to the publication of reports and proceedings of any court. (5) In this section —“broadcast” means any transmission of signs or signals for general reception, using wireless telecommunications or any other means of delivery, and whether or not the transmission is encrypted; “publish”, in relation to a report, means make the report available to the general public of Singapore, or any section thereof, in whatever form and by whatever means, including broadcasting and transmitting on what is commonly known as the Internet.
Restrictions on use of material disclosed by prosecution
225A.—(1) Where the prosecution discloses (whether before, on or after 17 September 2018) any material to the accused or the accused’s advocate (if any) for the purposes of any criminal proceedings —(a) that material may be disclosed, for the purposes of those criminal proceedings, to any co‑accused in those criminal proceedings, or to the advocate (if any) of any such co‑accused, by any of the following persons:(i) the accused; (ii) the accused’s advocate (if any); (iii) any other co‑accused or advocate to whom that material was disclosed under this paragraph; and (b) on and after 17 September 2018, each of the following persons is deemed to give an undertaking to the court not to use that material for any purpose (other than the purposes of those criminal proceedings) without the permission of the Public Prosecutor:(i) the accused; (ii) the accused’s advocate (if any); (iii) any co‑accused or advocate to whom that material is disclosed under paragraph (a).[19/2018] (2) Subsection (1) applies regardless whether the material is disclosed by the prosecution voluntarily or pursuant to any written law or rule of law or any order of court.[19/2018] (3) The undertaking in subsection (1)(b) ceases to apply to that material after that material is adduced as evidence in court in those criminal proceedings.[19/2018] —(1) Where the prosecution discloses (whether before, on or after 17 September 2018) any material to the accused or the accused’s advocate (if any) for the purposes of any criminal proceedings —(a) that material may be disclosed, for the purposes of those criminal proceedings, to any co‑accused in those criminal proceedings, or to the advocate (if any) of any such co‑accused, by any of the following persons:(i) the accused; (ii) the accused’s advocate (if any); (iii) any other co‑accused or advocate to whom that material was disclosed under this paragraph; and (b) on and after 17 September 2018, each of the following persons is deemed to give an undertaking to the court not to use that material for any purpose (other than the purposes of those criminal proceedings) without the permission of the Public Prosecutor:(i) the accused; (ii) the accused’s advocate (if any); (iii) any co‑accused or advocate to whom that material is disclosed under paragraph (a).[19/2018] (2) Subsection (1) applies regardless whether the material is disclosed by the prosecution voluntarily or pursuant to any written law or rule of law or any order of court.[19/2018] (3) The undertaking in subsection (1)(b) ceases to apply to that material after that material is adduced as evidence in court in those criminal proceedings.[19/2018]
Mode of disclosing statement recorded in form of audiovisual recording
225B.—(1) This section applies where any written law or rule of law requires the prosecution to disclose to the defence any statement made by a person examined under section 22 that is recorded in the form of an audiovisual recording.[19/2018] [Act 5 of 2024 wef 14/02/2025] (2) The prosecution is not required to produce either of the following to the defence:(a) the audiovisual recording of the statement; (b) a copy of that audiovisual recording.[19/2018] (3) The prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of the statement at a police station or at any other prescribed place.[19/2018] —(1) This section applies where any written law or rule of law requires the prosecution to disclose to the defence any statement made by a person examined under section 22 that is recorded in the form of an audiovisual recording.[19/2018] [Act 5 of 2024 wef 14/02/2025] (2) The prosecution is not required to produce either of the following to the defence:(a) the audiovisual recording of the statement; (b) a copy of that audiovisual recording.[19/2018] (3) The prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of the statement at a police station or at any other prescribed place.[19/2018]
Mode of disclosing exhibit containing intimate image
225C.—(1) This section applies where any written law or rule of law requires the prosecution to disclose to the defence any exhibit consisting of any image (whether contained in a video recording, photograph or any other medium) of an individual’s genital or anal region, or the breasts of a woman.(2) The prosecution is not required to produce the exhibit mentioned in subsection (1) to the defence, but must —(a) inform the defence of the exhibit; and (b) if requested by the defence, arrange for the defence to view the exhibit at a police station or a prescribed place.[Act 5 of 2024 wef 26/05/2025] —(1) This section applies where any written law or rule of law requires the prosecution to disclose to the defence any exhibit consisting of any image (whether contained in a video recording, photograph or any other medium) of an individual’s genital or anal region, or the breasts of a woman. (2) The prosecution is not required to produce the exhibit mentioned in subsection (1) to the defence, but must —(a) inform the defence of the exhibit; and (b) if requested by the defence, arrange for the defence to view the exhibit at a police station or a prescribed place.[Act 5 of 2024 wef 26/05/2025]
Pleading guilty electronically
226.—(1) A person who is accused of a prescribed offence and is a prescribed person under subsection (7)(b) may plead guilty electronically to that offence by paying the fine and any prescribed fee under subsection (7)(c) in accordance with this section.(2) To plead guilty electronically, the accused must —(a) enter a plea of guilty at a computer terminal designated by the Registrar of the State Courts for that purpose within the prescribed time; and (b) pay in advance the fine fixed by the supervising Magistrate as the sentence to be imposed on an accused who pleads guilty electronically to that offence.[5/2014] (3) The Registrar of the State Courts must, within a reasonable time after the accused has entered the plea and paid the fine, send to the supervising Magistrate a record of the guilty plea and of the fine paid.[5/2014] (4) When the supervising Magistrate is satisfied that the fine fixed under subsection (2)(b) has been paid, the Magistrate is to convict the accused of the prescribed offence in the accused’s absence and record the fine paid as the sentence passed for that offence. (5) The supervising Magistrate may, at any stage of the proceedings, require the accused to attend in person and, if necessary, enforce the accused’s attendance by —(a) issuing a summons if the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a summons; or (b) issuing a warrant if the case appears to be one in which, according to that column, the Magistrate should first issue a warrant, or if the Magistrate thinks fit, by issuing a summons causing the accused to be brought or to appear at a certain time before the Magistrate. (6) Nothing in subsection (5) affects section 120. (7) For the purposes of this section, the Minister may make regulations to prescribe —(a) the offences punishable by fine or by imprisonment of 12 months or less or both to which this section applies; (b) the class of persons who qualify to plead guilty electronically under this section; (c) the fee to be paid for the use of the computer terminal mentioned in subsection (2)(a); (d) the method of paying fines and fees under this section; (e) the time within which an accused may plead guilty electronically; and (f) all matters necessary or convenient to give effect to this section. (8) In this section —“prescribed offence” means an offence specified in regulations made under subsection (7)(a); “supervising Magistrate” means the Magistrate in charge of the operation of the computer terminal mentioned in subsection (2)(a). —(1) A person who is accused of a prescribed offence and is a prescribed person under subsection (7)(b) may plead guilty electronically to that offence by paying the fine and any prescribed fee under subsection (7)(c) in accordance with this section. (2) To plead guilty electronically, the accused must —(a) enter a plea of guilty at a computer terminal designated by the Registrar of the State Courts for that purpose within the prescribed time; and (b) pay in advance the fine fixed by the supervising Magistrate as the sentence to be imposed on an accused who pleads guilty electronically to that offence.[5/2014] (3) The Registrar of the State Courts must, within a reasonable time after the accused has entered the plea and paid the fine, send to the supervising Magistrate a record of the guilty plea and of the fine paid.[5/2014] (4) When the supervising Magistrate is satisfied that the fine fixed under subsection (2)(b) has been paid, the Magistrate is to convict the accused of the prescribed offence in the accused’s absence and record the fine paid as the sentence passed for that offence. (5) The supervising Magistrate may, at any stage of the proceedings, require the accused to attend in person and, if necessary, enforce the accused’s attendance by —(a) issuing a summons if the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a summons; or (b) issuing a warrant if the case appears to be one in which, according to that column, the Magistrate should first issue a warrant, or if the Magistrate thinks fit, by issuing a summons causing the accused to be brought or to appear at a certain time before the Magistrate. (6) Nothing in subsection (5) affects section 120. (7) For the purposes of this section, the Minister may make regulations to prescribe —(a) the offences punishable by fine or by imprisonment of 12 months or less or both to which this section applies; (b) the class of persons who qualify to plead guilty electronically under this section; (c) the fee to be paid for the use of the computer terminal mentioned in subsection (2)(a); (d) the method of paying fines and fees under this section; (e) the time within which an accused may plead guilty electronically; and (f) all matters necessary or convenient to give effect to this section. (8) In this section —“prescribed offence” means an offence specified in regulations made under subsection (7)(a); “supervising Magistrate” means the Magistrate in charge of the operation of the computer terminal mentioned in subsection (2)(a).
Procedure if accused pleads guilty, etc.
227.—(1) If the accused pleads guilty to the charge after it has been read and explained to the accused, whether as originally framed or as amended, the accused’s plea must be recorded and the accused may be convicted on it.[4/2014] (2) Before the court records a plea of guilty, it must —(a) if the accused is not represented by an advocate, be satisfied that the accused —(i) understands the nature and consequences of the accused’s plea and the punishment prescribed for the offence; and (ii) intends to admit to the offence without qualification; or (b) if the accused is represented by an advocate, record the advocate’s confirmation that the accused —(i) understands the nature and consequences of the accused’s plea; and (ii) intends to admit to the offence without qualification. (3) The General Division of the High Court must not record a plea of guilty in a case where the accused pleads guilty to an offence punishable with death unless evidence is led by the prosecution to prove its case at the trial.[19/2018; 40/2019] (4) Where a case is transmitted for trial in the General Division of the High Court under Division 5 of Part 10, the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters mentioned in section 212, and the criminal case disclosure procedures in Division 5 of Part 10 apply, with the necessary modifications, in relation to the case, if —(a) either of the following applies:(i) the accused is charged with an offence mentioned in section 211A(1); (ii) the accused is charged with any other offence that is to be tried in the General Division of the High Court, and all parties consent to have those procedures apply to that offence; (b) a date is fixed for a plea of guilty to be taken from the accused; and (c) on that date, the accused refuses to plead, does not plead or claims trial.[19/2018; 40/2019] (5) Where —(a) the criminal case disclosure procedures apply by virtue of section 159 in relation to a case; (b) a date is fixed for a plea of guilty to be taken from the accused to whom the case relates; and (c) on that date, the accused refuses to plead, does not plead or claims trial, the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters mentioned in section 160 and the procedures in Division 2 of Part 9 apply, with the necessary modifications, in relation to the case. —(1) If the accused pleads guilty to the charge after it has been read and explained to the accused, whether as originally framed or as amended, the accused’s plea must be recorded and the accused may be convicted on it.[4/2014] (2) Before the court records a plea of guilty, it must —(a) if the accused is not represented by an advocate, be satisfied that the accused —(i) understands the nature and consequences of the accused’s plea and the punishment prescribed for the offence; and (ii) intends to admit to the offence without qualification; or (b) if the accused is represented by an advocate, record the advocate’s confirmation that the accused —(i) understands the nature and consequences of the accused’s plea; and (ii) intends to admit to the offence without qualification. (3) The General Division of the High Court must not record a plea of guilty in a case where the accused pleads guilty to an offence punishable with death unless evidence is led by the prosecution to prove its case at the trial.[19/2018; 40/2019] (4) Where a case is transmitted for trial in the General Division of the High Court under Division 5 of Part 10, the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters mentioned in section 212, and the criminal case disclosure procedures in Division 5 of Part 10 apply, with the necessary modifications, in relation to the case, if —(a) either of the following applies:(i) the accused is charged with an offence mentioned in section 211A(1); (ii) the accused is charged with any other offence that is to be tried in the General Division of the High Court, and all parties consent to have those procedures apply to that offence; (b) a date is fixed for a plea of guilty to be taken from the accused; and (c) on that date, the accused refuses to plead, does not plead or claims trial.[19/2018; 40/2019] (5) Where —(a) the criminal case disclosure procedures apply by virtue of section 159 in relation to a case; (b) a date is fixed for a plea of guilty to be taken from the accused to whom the case relates; and (c) on that date, the accused refuses to plead, does not plead or claims trial, the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters mentioned in section 160 and the procedures in Division 2 of Part 9 apply, with the necessary modifications, in relation to the case.
Address on sentence, mitigation and sentence
228.—(1) On the conviction of the accused, the prosecution may where it thinks fit address the court on sentence.(2) The address on sentence may include —(a) the criminal records of the accused; (b) any victim impact statement; and (c) any relevant factors which may affect the sentence. (3) The court must then hear any plea in mitigation of sentence by the accused and the prosecution has a right of reply. (4) Where the court is satisfied that any matter raised in the plea in mitigation materially affects any legal condition required by law to constitute the offence charged, the court must reject the plea of guilty. (5) After the court has heard the plea in mitigation, it may —(a) at its discretion or on the application of the prosecution or the accused hear any evidence to determine the truth or otherwise of the matters raised before the court which may materially affect the sentence; and (b) attach such weight to the matter raised as it considers appropriate after hearing the evidence. (6) The court must then pass sentence according to law immediately or on such day as it thinks fit. (7) In this section, “victim impact statement” means any statement relating to any harm suffered by any person as a direct result of an offence, which includes physical bodily harm or psychological or psychiatric harm. —(1) On the conviction of the accused, the prosecution may where it thinks fit address the court on sentence. (2) The address on sentence may include —(a) the criminal records of the accused; (b) any victim impact statement; and (c) any relevant factors which may affect the sentence. (3) The court must then hear any plea in mitigation of sentence by the accused and the prosecution has a right of reply. (4) Where the court is satisfied that any matter raised in the plea in mitigation materially affects any legal condition required by law to constitute the offence charged, the court must reject the plea of guilty. (5) After the court has heard the plea in mitigation, it may —(a) at its discretion or on the application of the prosecution or the accused hear any evidence to determine the truth or otherwise of the matters raised before the court which may materially affect the sentence; and (b) attach such weight to the matter raised as it considers appropriate after hearing the evidence. (6) The court must then pass sentence according to law immediately or on such day as it thinks fit. (7) In this section, “victim impact statement” means any statement relating to any harm suffered by any person as a direct result of an offence, which includes physical bodily harm or psychological or psychiatric harm.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.