Sentences
303.—(1) The General Division of the High Court may pass any sentence authorised by law.[40/2019]
(2) Subject to this Code and any other written law, a District Court may pass any of the following sentences:(a)
imprisonment not exceeding 10 years;
(b)
fine not exceeding $30,000;
(c)
caning not exceeding 12 strokes;
(d)
any other lawful sentence, including a combination of the sentences it is authorised by law to pass.
(3) Subject to this Code and any other written law, a Magistrate’s Court may pass any of the following sentences:(a)
imprisonment not exceeding 3 years;
(b)
fine not exceeding $10,000;
(c)
caning not exceeding 6 strokes;
(d)
any other lawful sentence, including a combination of the sentences it is authorised by law to pass.
—(1) The General Division of the High Court may pass any sentence authorised by law.[40/2019]
(2) Subject to this Code and any other written law, a District Court may pass any of the following sentences:(a)
imprisonment not exceeding 10 years;
(b)
fine not exceeding $30,000;
(c)
caning not exceeding 12 strokes;
(d)
any other lawful sentence, including a combination of the sentences it is authorised by law to pass.
(3) Subject to this Code and any other written law, a Magistrate’s Court may pass any of the following sentences:(a)
imprisonment not exceeding 3 years;
(b)
fine not exceeding $10,000;
(c)
caning not exceeding 6 strokes;
(d)
any other lawful sentence, including a combination of the sentences it is authorised by law to pass.
Presumptive minimum sentence
303A.—(1) This section applies where a presumptive minimum sentence is prescribed for an offence under any written law, which is denoted by the words “imprisonment for a presumptive minimum term of not less than” or words to the same or similar effect.[15/2019]
(2) The court must, unless subsection (3) applies, impose a sentence that is equal to or greater than the presumptive minimum sentence prescribed for that offence.[15/2019]
(3) Where the court is satisfied that by reason of exceptional circumstances it would be unjust to impose on a first‑time offender the presumptive minimum sentence prescribed for an offence the first‑time offender is convicted of, the court must impose a sentence of the same type of punishment but that is less than the presumptive minimum sentence prescribed for that offence.[15/2019]
(4) In any written law, unless the context requires otherwise, a reference to a mandatory minimum sentence of imprisonment shall include a reference to a presumptive minimum sentence mentioned in subsection (1).[15/2019]
(5) In this section, “first‑time offender”, in relation to an offence, means a person who does not fall within any of the following descriptions:(a)
a person who had previously been sentenced to a term of imprisonment for any offence, other than a term of imprisonment served by him or her in default of payment of a fine;
(b)
a person who had previously been sentenced to reformative training, corrective training or preventive detention, for any offence;
(ba)
a person on whom a sentence for public protection or a sentence for enhanced public protection had previously been imposed;[Act 5 of 2024 wef 31/07/2026]
(c)
a person who had previously been detained or subject to police supervision under section 30 of the Criminal Law (Temporary Provisions) Act 1955;
(d)
a person who had previously been admitted to an approved institution under section 34 of the Misuse of Drugs Act 1973 or to an approved centre under section 17 of the Intoxicating Substances Act 1987. Explanation.—The circumstances must be so exceptional as to make it unjust to impose the presumptive minimum sentence for an offence and outweigh the public interests in punishing the offender with the presumptive minimum sentence. The mere presence of all or any of the following mitigating circumstances will not be sufficient to constitute “exceptional circumstances”:
(a)
the offender pleaded guilty to the offence;
(b)
the offender is a first‑time offender;
(c)
the offender is of previous good character.
[15/2019]
—(1) This section applies where a presumptive minimum sentence is prescribed for an offence under any written law, which is denoted by the words “imprisonment for a presumptive minimum term of not less than” or words to the same or similar effect.[15/2019]
(2) The court must, unless subsection (3) applies, impose a sentence that is equal to or greater than the presumptive minimum sentence prescribed for that offence.[15/2019]
(3) Where the court is satisfied that by reason of exceptional circumstances it would be unjust to impose on a first‑time offender the presumptive minimum sentence prescribed for an offence the first‑time offender is convicted of, the court must impose a sentence of the same type of punishment but that is less than the presumptive minimum sentence prescribed for that offence.[15/2019]
(4) In any written law, unless the context requires otherwise, a reference to a mandatory minimum sentence of imprisonment shall include a reference to a presumptive minimum sentence mentioned in subsection (1).[15/2019]
(5) In this section, “first‑time offender”, in relation to an offence, means a person who does not fall within any of the following descriptions:(a)
a person who had previously been sentenced to a term of imprisonment for any offence, other than a term of imprisonment served by him or her in default of payment of a fine;
(b)
a person who had previously been sentenced to reformative training, corrective training or preventive detention, for any offence;
(ba)
a person on whom a sentence for public protection or a sentence for enhanced public protection had previously been imposed;[Act 5 of 2024 wef 31/07/2026]
(c)
a person who had previously been detained or subject to police supervision under section 30 of the Criminal Law (Temporary Provisions) Act 1955;
(d)
a person who had previously been admitted to an approved institution under section 34 of the Misuse of Drugs Act 1973 or to an approved centre under section 17 of the Intoxicating Substances Act 1987. Explanation.—The circumstances must be so exceptional as to make it unjust to impose the presumptive minimum sentence for an offence and outweigh the public interests in punishing the offender with the presumptive minimum sentence. The mere presence of all or any of the following mitigating circumstances will not be sufficient to constitute “exceptional circumstances”:
(a)
the offender pleaded guilty to the offence;
(b)
the offender is a first‑time offender;
(c)
the offender is of previous good character.
[15/2019]
Corrective training and preventive detention
304.—(1) Where a person of 18 years of age or above —(a)
is convicted before the General Division of the High Court or a District Court of an offence punishable with imprisonment for 2 years or more (being an offence that was committed before the date of commencement of section 35 of the Criminal Procedure (Miscellaneous Amendments) Act 2024), and has been convicted in Singapore or elsewhere at least twice since he or she reached 16 years of age for offences punishable with such a sentence; or[Act 5 of 2024 wef 31/07/2026]
(b)
is convicted at one trial before the General Division of the High Court or a District Court of 3 or more distinct offences punishable with imprisonment for 2 years or more (being offences that were committed before the date of commencement of section 35 of the Criminal Procedure (Miscellaneous Amendments) Act 2024), and has been convicted and sentenced in Singapore or elsewhere to imprisonment for at least one month since he or she reached 16 years of age for an offence punishable with imprisonment for 2 years or more,[Act 5 of 2024 wef 31/07/2026]
then, if the court is satisfied that it is expedient with a view to the person’s reformation and the prevention of crime that the person should receive training of a corrective character for a substantial period of time, followed by a period of supervision if released before the expiry of his or her sentence, the court, unless it has special reasons for not doing so, must sentence him or her to corrective training for a period of 5 to 14 years in lieu of any sentence of imprisonment, or any sentence of imprisonment and fine.
[19/2018; 40/2019]
(2) Where a person 30 years of age or above —(a)
is convicted before the General Division of the High Court or a District Court of an offence punishable with imprisonment for 2 years or more (being an offence that was committed before the date of commencement of section 35 of the Criminal Procedure (Miscellaneous Amendments) Act 2024), and has been convicted in Singapore or elsewhere at least 3 times since he or she reached 16 years of age for offences punishable with such a sentence, and was on at least 2 of those occasions sentenced to imprisonment or corrective training; or[Act 5 of 2024 wef 31/07/2026]
(b)
is convicted at one trial before the General Division of the High Court or a District Court of 3 or more distinct offences punishable with imprisonment for 2 years or more (being offences that were committed before the date of commencement of section 35 of the Criminal Procedure (Miscellaneous Amendments) Act 2024), and has been convicted and sentenced in Singapore or elsewhere to imprisonment for at least one month since he or she reached 16 years of age for an offence punishable with imprisonment for 2 years or more,[Act 5 of 2024 wef 31/07/2026]
then, if the court is satisfied that it is expedient for the protection of the public that the person should be detained in custody for a substantial period of time, followed by a period of supervision if released before the expiry of his or her sentence, the court, unless it has special reasons for not doing so, must sentence him or her to preventive detention for a period of 7 to 20 years in lieu of any sentence of imprisonment, or any sentence of imprisonment and fine.
[19/2018; 40/2019]
(3) Before sentencing any offender to corrective training or preventive detention, the court must call for and consider any report submitted by the Commissioner of Prisons, or any person authorised by the Commissioner of Prisons to submit the report on the Commissioner’s behalf, on the offender’s physical and mental condition and the offender’s suitability for such a sentence; and if the court has not received such a report, it must remand the offender in custody for a period or periods, not exceeding one month in the case of any single period, to enable the report to be submitted.[1/2014]
(4) The court must give a copy of any report submitted by the Commissioner of Prisons to the offender or the offender’s advocate and to the Public Prosecutor.[1/2014]
(5) Where an offender who is sentenced under subsection (1) or (2) is also convicted at the same trial of any offence other than an offence punishable with imprisonment for 2 years or more, the court may, on the application of the Public Prosecutor, instead of imposing any term of imprisonment as may be prescribed for that offence, take into account that offence for the purposes of determining the period of corrective training or preventive detention, as the case may be.
(6) A person sentenced to corrective training or preventive detention must be detained in a prison for the term of his or her sentence in accordance with the regulations made under section 84(1) of the Prisons Act 1933.[Act 5 of 2024 wef 31/07/2026]
—(1) Where a person of 18 years of age or above —(a)
is convicted before the General Division of the High Court or a District Court of an offence punishable with imprisonment for 2 years or more (being an offence that was committed before the date of commencement of section 35 of the Criminal Procedure (Miscellaneous Amendments) Act 2024), and has been convicted in Singapore or elsewhere at least twice since he or she reached 16 years of age for offences punishable with such a sentence; or[Act 5 of 2024 wef 31/07/2026]
(b)
is convicted at one trial before the General Division of the High Court or a District Court of 3 or more distinct offences punishable with imprisonment for 2 years or more (being offences that were committed before the date of commencement of section 35 of the Criminal Procedure (Miscellaneous Amendments) Act 2024), and has been convicted and sentenced in Singapore or elsewhere to imprisonment for at least one month since he or she reached 16 years of age for an offence punishable with imprisonment for 2 years or more,[Act 5 of 2024 wef 31/07/2026]
then, if the court is satisfied that it is expedient with a view to the person’s reformation and the prevention of crime that the person should receive training of a corrective character for a substantial period of time, followed by a period of supervision if released before the expiry of his or her sentence, the court, unless it has special reasons for not doing so, must sentence him or her to corrective training for a period of 5 to 14 years in lieu of any sentence of imprisonment, or any sentence of imprisonment and fine.
[19/2018; 40/2019]
(2) Where a person 30 years of age or above —(a)
is convicted before the General Division of the High Court or a District Court of an offence punishable with imprisonment for 2 years or more (being an offence that was committed before the date of commencement of section 35 of the Criminal Procedure (Miscellaneous Amendments) Act 2024), and has been convicted in Singapore or elsewhere at least 3 times since he or she reached 16 years of age for offences punishable with such a sentence, and was on at least 2 of those occasions sentenced to imprisonment or corrective training; or[Act 5 of 2024 wef 31/07/2026]
(b)
is convicted at one trial before the General Division of the High Court or a District Court of 3 or more distinct offences punishable with imprisonment for 2 years or more (being offences that were committed before the date of commencement of section 35 of the Criminal Procedure (Miscellaneous Amendments) Act 2024), and has been convicted and sentenced in Singapore or elsewhere to imprisonment for at least one month since he or she reached 16 years of age for an offence punishable with imprisonment for 2 years or more,[Act 5 of 2024 wef 31/07/2026]
then, if the court is satisfied that it is expedient for the protection of the public that the person should be detained in custody for a substantial period of time, followed by a period of supervision if released before the expiry of his or her sentence, the court, unless it has special reasons for not doing so, must sentence him or her to preventive detention for a period of 7 to 20 years in lieu of any sentence of imprisonment, or any sentence of imprisonment and fine.
[19/2018; 40/2019]
(3) Before sentencing any offender to corrective training or preventive detention, the court must call for and consider any report submitted by the Commissioner of Prisons, or any person authorised by the Commissioner of Prisons to submit the report on the Commissioner’s behalf, on the offender’s physical and mental condition and the offender’s suitability for such a sentence; and if the court has not received such a report, it must remand the offender in custody for a period or periods, not exceeding one month in the case of any single period, to enable the report to be submitted.[1/2014]
(4) The court must give a copy of any report submitted by the Commissioner of Prisons to the offender or the offender’s advocate and to the Public Prosecutor.[1/2014]
(5) Where an offender who is sentenced under subsection (1) or (2) is also convicted at the same trial of any offence other than an offence punishable with imprisonment for 2 years or more, the court may, on the application of the Public Prosecutor, instead of imposing any term of imprisonment as may be prescribed for that offence, take into account that offence for the purposes of determining the period of corrective training or preventive detention, as the case may be.
(6) A person sentenced to corrective training or preventive detention must be detained in a prison for the term of his or her sentence in accordance with the regulations made under section 84(1) of the Prisons Act 1933.[Act 5 of 2024 wef 31/07/2026]
