Criminal jurisdiction of Magistrates’ Courts
7.—(1) Subject to this Code, Magistrates’ Courts have jurisdiction and power to —(a)
try any offence for which the maximum term of imprisonment provided by law does not exceed 5 years or which is a fine‑only offence;
(b)
[Deleted by Act 19 of 2018]
(c)
inquire into a complaint of any offence and summon and examine any witness who may give evidence relating to such offence;
(d)
summon, apprehend and issue warrants for the apprehension of criminals and offenders, and deal with them according to law;
(e)
issue a warrant to search or cause to be searched any place wherein any stolen goods or any goods, article or thing with which or in respect of which any offence has been committed is alleged to be kept or concealed;
(f)
require any person to furnish security for keeping the peace or for the person’s good behaviour according to law; and
(g)
do any other thing that Magistrates’ Courts are empowered to do under this Code or any other written law.[19/2018]
(2) The jurisdiction and powers conferred on Magistrates’ Courts under subsection (1)(a) must be exercised by a Magistrate sitting in a court house of the Magistrate’s Court or at such other place as may be prescribed.[19/2018]
(3) The jurisdiction and powers conferred on Magistrates’ Courts under subsection (1)(c) to (g) may be exercised by a Magistrate at any place in Singapore.
—(1) Subject to this Code, Magistrates’ Courts have jurisdiction and power to —(a)
try any offence for which the maximum term of imprisonment provided by law does not exceed 5 years or which is a fine‑only offence;
(b)
[Deleted by Act 19 of 2018]
(c)
inquire into a complaint of any offence and summon and examine any witness who may give evidence relating to such offence;
(d)
summon, apprehend and issue warrants for the apprehension of criminals and offenders, and deal with them according to law;
(e)
issue a warrant to search or cause to be searched any place wherein any stolen goods or any goods, article or thing with which or in respect of which any offence has been committed is alleged to be kept or concealed;
(f)
require any person to furnish security for keeping the peace or for the person’s good behaviour according to law; and
(g)
do any other thing that Magistrates’ Courts are empowered to do under this Code or any other written law.[19/2018]
(2) The jurisdiction and powers conferred on Magistrates’ Courts under subsection (1)(a) must be exercised by a Magistrate sitting in a court house of the Magistrate’s Court or at such other place as may be prescribed.[19/2018]
(3) The jurisdiction and powers conferred on Magistrates’ Courts under subsection (1)(c) to (g) may be exercised by a Magistrate at any place in Singapore.
Criminal jurisdiction of District Courts
8.—(1) District Courts have jurisdiction and power to try any offence for which the maximum term of imprisonment provided by law does not exceed 10 years or which is a fine-only offence.[19/2018]
(2) Every District Court has in the exercise of its jurisdiction all the powers of a Magistrate’s Court.
—(1) District Courts have jurisdiction and power to try any offence for which the maximum term of imprisonment provided by law does not exceed 10 years or which is a fine-only offence.[19/2018]
(2) Every District Court has in the exercise of its jurisdiction all the powers of a Magistrate’s Court.
Enlargement of jurisdiction of State Courts
9.—(1) Where an offence is triable by a District Court but not by a Magistrate’s Court, the Public Prosecutor may in writing authorise a Magistrate’s Court in any particular case to try the offence.[5/2014]
(2) Despite section 7(1), a Magistrate’s Court may try any offence —(a)
under the Penal Code 1871, if the offence is shown to be triable by a Magistrate’s Court in the seventh column of the First Schedule; or
(b)
under any law other than the Penal Code 1871, if the offence is shown to be triable by a Magistrate’s Court under that law.
(3) Despite section 8(1), a District Court may try any offence other than an offence punishable with death —(a)
if that offence (which is one under the Penal Code 1871) is shown to be triable by a District Court in the seventh column of the First Schedule;
(b)
if that offence (which is one under any law other than the Penal Code 1871) is shown to be triable by a District Court under that law; or
(c)
if the Public Prosecutor applies to the District Court to try such offence, and the accused consents, or if more than one are charged together with the same offence, all such accused persons consent.
(4) Nothing in this section is to be construed as enlarging the power conferred on the Magistrate’s Court or District Court under section 303.
—(1) Where an offence is triable by a District Court but not by a Magistrate’s Court, the Public Prosecutor may in writing authorise a Magistrate’s Court in any particular case to try the offence.[5/2014]
(2) Despite section 7(1), a Magistrate’s Court may try any offence —(a)
under the Penal Code 1871, if the offence is shown to be triable by a Magistrate’s Court in the seventh column of the First Schedule; or
(b)
under any law other than the Penal Code 1871, if the offence is shown to be triable by a Magistrate’s Court under that law.
(3) Despite section 8(1), a District Court may try any offence other than an offence punishable with death —(a)
if that offence (which is one under the Penal Code 1871) is shown to be triable by a District Court in the seventh column of the First Schedule;
(b)
if that offence (which is one under any law other than the Penal Code 1871) is shown to be triable by a District Court under that law; or
(c)
if the Public Prosecutor applies to the District Court to try such offence, and the accused consents, or if more than one are charged together with the same offence, all such accused persons consent.
(4) Nothing in this section is to be construed as enlarging the power conferred on the Magistrate’s Court or District Court under section 303.
Consent required for prosecution of certain offences
10.—(1) A prosecution for —(a)
an offence under section 172 to 188, 193 to 196, 199, 200, 205 to 211, 228, 376C, 376G or 505 of the Penal Code 1871;
(b)
an offence under Chapter 5A, 6 (except section 127) or 18 of the Penal Code 1871;
(c)
an offence under Chapter 21 of the Penal Code 1871; or
(d)
an abetment of, or an attempt to commit, any offence mentioned in paragraphs (a), (b) and (c),
must not be instituted except with the consent of the Public Prosecutor.
(2) A person may be charged or arrested, or a warrant for the person’s arrest may be issued and executed, and any such person may be remanded in custody or released on bail, even though the consent of the Public Prosecutor has not been obtained, but the case must not be further prosecuted until that consent has been obtained.
(3) When a person is brought before a court before the Public Prosecutor has consented to the prosecution, the charge must be explained to the person but the person must not be called upon to plead.
(4) The consent of the Public Prosecutor —(a)
need not refer to a particular offence but may be expressed in general terms; and
(b)
must as far as practicable specify the place in which and the occasion on which the offence was committed.
(5) No consent remains in force unless acted upon within one month from the date on which it was given.
(6) Subsections (2) to (5) also apply in respect of every consent of the Public Prosecutor which is required to be obtained under any other written law before proceedings in respect of an offence may be instituted.
—(1) A prosecution for —(a)
an offence under section 172 to 188, 193 to 196, 199, 200, 205 to 211, 228, 376C, 376G or 505 of the Penal Code 1871;
(b)
an offence under Chapter 5A, 6 (except section 127) or 18 of the Penal Code 1871;
(c)
an offence under Chapter 21 of the Penal Code 1871; or
(d)
an abetment of, or an attempt to commit, any offence mentioned in paragraphs (a), (b) and (c),
must not be instituted except with the consent of the Public Prosecutor.
(2) A person may be charged or arrested, or a warrant for the person’s arrest may be issued and executed, and any such person may be remanded in custody or released on bail, even though the consent of the Public Prosecutor has not been obtained, but the case must not be further prosecuted until that consent has been obtained.
(3) When a person is brought before a court before the Public Prosecutor has consented to the prosecution, the charge must be explained to the person but the person must not be called upon to plead.
(4) The consent of the Public Prosecutor —(a)
need not refer to a particular offence but may be expressed in general terms; and
(b)
must as far as practicable specify the place in which and the occasion on which the offence was committed.
(5) No consent remains in force unless acted upon within one month from the date on which it was given.
(6) Subsections (2) to (5) also apply in respect of every consent of the Public Prosecutor which is required to be obtained under any other written law before proceedings in respect of an offence may be instituted.
