Motion
405.—(1) A motion to the General Division of the High Court or the Court of Appeal in respect of any criminal matter must be made in accordance with this Division.[19/2018; 40/2019]
(2) In this Division, the relevant court is the court to which the motion is made.[19/2018]
—(1) A motion to the General Division of the High Court or the Court of Appeal in respect of any criminal matter must be made in accordance with this Division.[19/2018; 40/2019]
(2) In this Division, the relevant court is the court to which the motion is made.[19/2018]
Notice of motion
406.—(1) A motion must not be made without previous notice to the other party to the proceedings.(2) There must be at least 7 clear days between the service of the notice of a criminal motion and the day named in the notice for hearing the motion, unless —(a)
the relevant court gives permission to the contrary; or[Act 25 of 2021 wef 01/04/2022]
(b)
each party required to be served with the notice consents to the relief or remedy that is sought under the motion.[19/2018]
—(1) A motion must not be made without previous notice to the other party to the proceedings.
(2) There must be at least 7 clear days between the service of the notice of a criminal motion and the day named in the notice for hearing the motion, unless —(a)
the relevant court gives permission to the contrary; or[Act 25 of 2021 wef 01/04/2022]
(b)
each party required to be served with the notice consents to the relief or remedy that is sought under the motion.[19/2018]
Form and issue of notice of motion
407.—(1) The notice of a criminal motion must be in the prescribed form.(2) The notice of a criminal motion must be —(a)
supported by an affidavit setting out a concise statement of the facts, the relief or remedy required and the reasons for the relief or remedy; and
(b)
sealed by an officer of the Registry of the Supreme Court.
—(1) The notice of a criminal motion must be in the prescribed form.
(2) The notice of a criminal motion must be —(a)
supported by an affidavit setting out a concise statement of the facts, the relief or remedy required and the reasons for the relief or remedy; and
(b)
sealed by an officer of the Registry of the Supreme Court.
Adjournment of hearing
408. The hearing of a criminal motion may be adjourned from time to time by the relevant court on such terms as the relevant court thinks fit.[19/2018]
Dealing with motion in absence of parties, etc.
408A.—(1) The relevant court may deal with a criminal motion in the absence of the parties to the proceedings, if —(a)
the respondent is —(i)
the prosecution; or
(ii)
an accused who is represented by an advocate; and
(b)
each party —(i)
consents to the motion being dealt with in the absence of that party; and
(ii)
consents to the relief or remedy that is sought under the motion.[19/2018]
(2) Where subsection (1) applies, but the relevant court is not inclined to grant the relief or remedy that is sought under the motion —(a)
the motion must be set down for hearing; and
(b)
each party to the proceedings must be informed of the date and time appointed for the hearing.[19/2018]
(3) The relevant court may, after hearing every party that attends the hearing mentioned in subsection (2), make such order as the relevant court thinks fit.[19/2018]
(4) A single Judge of the relevant court may summarily give permission to withdraw a criminal motion, without the motion being set down for hearing, if every party to the proceedings consents to the withdrawal of the motion.[Act 25 of 2021 wef 01/04/2022]
—(1) The relevant court may deal with a criminal motion in the absence of the parties to the proceedings, if —(a)
the respondent is —(i)
the prosecution; or
(ii)
an accused who is represented by an advocate; and
(b)
each party —(i)
consents to the motion being dealt with in the absence of that party; and
(ii)
consents to the relief or remedy that is sought under the motion.[19/2018]
(2) Where subsection (1) applies, but the relevant court is not inclined to grant the relief or remedy that is sought under the motion —(a)
the motion must be set down for hearing; and
(b)
each party to the proceedings must be informed of the date and time appointed for the hearing.[19/2018]
(3) The relevant court may, after hearing every party that attends the hearing mentioned in subsection (2), make such order as the relevant court thinks fit.[19/2018]
(4) A single Judge of the relevant court may summarily give permission to withdraw a criminal motion, without the motion being set down for hearing, if every party to the proceedings consents to the withdrawal of the motion.[Act 25 of 2021 wef 01/04/2022]
Decision or order affecting lower court
408B. Where, on hearing or dealing with a criminal motion, the relevant court makes a decision or an order that affects a lower court, the relevant court must certify its decision or order to the lower court.[19/2018]
Costs
409. If the relevant court dismisses a criminal motion and is of the opinion that the motion was frivolous or vexatious or otherwise an abuse of the process of the relevant court, it may, either on the application of the respondent or on its own motion, order the applicant of the criminal motion to pay to the respondent costs on an indemnity basis or otherwise fixed by the relevant court.[19/2018]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
