Compounding offences
241.—(1) An offence specified in the third column of the Fourth Schedule may be compounded at any time by the person specified in the fourth column of that Schedule or, if that person is suffering from a legal or mental disability, by any person competent to act on the firstmentioned person’s behalf.(2) Despite subsection (1), where investigations have commenced for an offence specified in the third column of the Fourth Schedule, or when the accused has been charged in court for the offence, the offence may only be compounded with the consent of the Public Prosecutor on such conditions as the Public Prosecutor may impose.
(3) Where any offence is compoundable under this section, the abetment of or a conspiracy to commit the offence, or an attempt to commit the offence when the attempt is itself an offence, may be compounded in like manner.
(4) Where investigations have commenced for an offence which is subsequently compounded under subsection (2), no further proceedings are to be taken against the person reasonably suspected of having committed the offence.
(5) Where after the accused has been charged in court, the offence is compounded under subsection (2), the court must order a discharge amounting to an acquittal in respect of the accused.
—(1) An offence specified in the third column of the Fourth Schedule may be compounded at any time by the person specified in the fourth column of that Schedule or, if that person is suffering from a legal or mental disability, by any person competent to act on the firstmentioned person’s behalf.
(2) Despite subsection (1), where investigations have commenced for an offence specified in the third column of the Fourth Schedule, or when the accused has been charged in court for the offence, the offence may only be compounded with the consent of the Public Prosecutor on such conditions as the Public Prosecutor may impose.
(3) Where any offence is compoundable under this section, the abetment of or a conspiracy to commit the offence, or an attempt to commit the offence when the attempt is itself an offence, may be compounded in like manner.
(4) Where investigations have commenced for an offence which is subsequently compounded under subsection (2), no further proceedings are to be taken against the person reasonably suspected of having committed the offence.
(5) Where after the accused has been charged in court, the offence is compounded under subsection (2), the court must order a discharge amounting to an acquittal in respect of the accused.
Public Prosecutor may compound offences
242.—(1) The Public Prosecutor may, on such terms and conditions as the Public Prosecutor may determine, at any time compound any offence or class of offences as may be prescribed by collecting from a person who is reasonably suspected of having committed the offence a sum of money not exceeding —(a)
one half of the amount of the maximum fine that is prescribed for the offence; or
(b)
$5,000,
whichever is the lower.
(2) Where any offence is compoundable under this section, the abetment of or a conspiracy to commit the offence, or an attempt to commit the offence when the attempt is itself an offence, may be compounded in like manner.
(3) Where investigations have commenced for an offence which is subsequently compounded under subsection (1), no further proceedings are to be taken against the person reasonably suspected of having committed the offence.
(4) Where after the accused has been charged in court, the offence is compounded under subsection (1), such composition has the effect of an acquittal in respect of the accused.
(5) The Public Prosecutor may authorise in writing one or more Deputy Public Prosecutors to exercise the power of composition conferred on the Public Prosecutor under this section.
(6) The Minister must designate the person who may collect any sum of money paid under this section for the composition of offences.
—(1) The Public Prosecutor may, on such terms and conditions as the Public Prosecutor may determine, at any time compound any offence or class of offences as may be prescribed by collecting from a person who is reasonably suspected of having committed the offence a sum of money not exceeding —(a)
one half of the amount of the maximum fine that is prescribed for the offence; or
(b)
$5,000,
whichever is the lower.
(2) Where any offence is compoundable under this section, the abetment of or a conspiracy to commit the offence, or an attempt to commit the offence when the attempt is itself an offence, may be compounded in like manner.
(3) Where investigations have commenced for an offence which is subsequently compounded under subsection (1), no further proceedings are to be taken against the person reasonably suspected of having committed the offence.
(4) Where after the accused has been charged in court, the offence is compounded under subsection (1), such composition has the effect of an acquittal in respect of the accused.
(5) The Public Prosecutor may authorise in writing one or more Deputy Public Prosecutors to exercise the power of composition conferred on the Public Prosecutor under this section.
(6) The Minister must designate the person who may collect any sum of money paid under this section for the composition of offences.
Compounding of offences under other written laws
243.—(1) Where any Act (other than the Penal Code 1871) contains an express provision for the composition of offences thereunder, the person authorised under that provision to compound such offences must exercise the power of composition subject to any general or special directions of the Public Prosecutor.(2) Where any Act (other than the Penal Code 1871) does not contain any provision for the composition of offences thereunder, any offence under that Act or any subsidiary legislation made under that Act may be compounded under this section if the offence is prescribed under that Act as a compoundable offence.
(3) For the purposes of subsection (2), the power conferred on any Minister, statutory authority or other person to make subsidiary legislation under any Act to which that subsection applies includes the power —(a)
to prescribe the offences under that Act or any subsidiary legislation made under that Act that may be compounded under this section;
(b)
to designate the person who may compound such offences; and
(c)
to specify the maximum sum for which any such offence may be compoundable, except that the maximum sum so specified must not exceed —(i)
one half of the amount of the maximum fine that is prescribed for the offence; or
(ii)
$2,000,
whichever is the lower.
(4) The person designated under subsection (3)(b) may, subject to such general or special directions that the Public Prosecutor may give, compound any offence prescribed under subsection (3)(a) by collecting from a person who is reasonably suspected of having committed the offence a sum of money not exceeding the maximum sum that is specified under subsection (3)(c) in respect of that offence.
(5) On payment of the sum of money, no further proceedings are to be taken against that person in respect of such offence.
—(1) Where any Act (other than the Penal Code 1871) contains an express provision for the composition of offences thereunder, the person authorised under that provision to compound such offences must exercise the power of composition subject to any general or special directions of the Public Prosecutor.
(2) Where any Act (other than the Penal Code 1871) does not contain any provision for the composition of offences thereunder, any offence under that Act or any subsidiary legislation made under that Act may be compounded under this section if the offence is prescribed under that Act as a compoundable offence.
(3) For the purposes of subsection (2), the power conferred on any Minister, statutory authority or other person to make subsidiary legislation under any Act to which that subsection applies includes the power —(a)
to prescribe the offences under that Act or any subsidiary legislation made under that Act that may be compounded under this section;
(b)
to designate the person who may compound such offences; and
(c)
to specify the maximum sum for which any such offence may be compoundable, except that the maximum sum so specified must not exceed —(i)
one half of the amount of the maximum fine that is prescribed for the offence; or
(ii)
$2,000,
whichever is the lower.
(4) The person designated under subsection (3)(b) may, subject to such general or special directions that the Public Prosecutor may give, compound any offence prescribed under subsection (3)(a) by collecting from a person who is reasonably suspected of having committed the offence a sum of money not exceeding the maximum sum that is specified under subsection (3)(c) in respect of that offence.
(5) On payment of the sum of money, no further proceedings are to be taken against that person in respect of such offence.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
