Application for order for review of detention
417.—(1) Any person —(a)
[Deleted by Act 17 of 2022 wef 01/07/2022]
(b)
who is alleged to be illegally or improperly detained in public or private custody within those limits; or
(c)
who claims to be brought before the court to be dealt with according to law,
may apply to the General Division of the High Court for an order for review of detention.
[40/2019]
(2) [Deleted by Act 17 of 2022 wef 01/07/2022]
(3) Notice of the application together with copies of all the evidence used on the application must be served on the Public Prosecutor.
—(1) Any person —(a)
[Deleted by Act 17 of 2022 wef 01/07/2022]
(b)
who is alleged to be illegally or improperly detained in public or private custody within those limits; or
(c)
who claims to be brought before the court to be dealt with according to law,
may apply to the General Division of the High Court for an order for review of detention.
[40/2019]
(2) [Deleted by Act 17 of 2022 wef 01/07/2022]
(3) Notice of the application together with copies of all the evidence used on the application must be served on the Public Prosecutor.
Orders for review of detention
418. The General Division of the High Court may, whenever it thinks fit, order that a prisoner detained in any prison within the limits of Singapore is to be —(a)
admitted to bail;
(b)
brought before a court martial; or
(c)
removed from one custody to another for the purpose of trial or for any other purpose which the Court thinks proper.[40/2019]
Court martial
419.—(1) Every application for a prisoner detained in custody to be brought before a court martial for trial must be in the form of a letter addressed by either the registrar of the military courts or the president of that court martial, stating the purpose for which the court martial has been assembled and also stating where the prisoner is detained in custody and when, where and for what purpose the prisoner is required to be produced.(2) The Registrar of the Supreme Court must submit the letter as soon as possible after the receipt thereof to, and obtain the order thereon of, a Judge.[40/2019]
(3) If an order is made under this section, it must be drawn up with a direction that a warrant must be issued accordingly and the warrant must be prepared and signed by the Registrar of the Supreme Court and countersigned by the Judge who made the order and sealed with the seal of the Supreme Court.[40/2019]
(4) The warrant when issued must be forwarded by the Registrar of the Supreme Court to the officer in charge of the prison in which the prisoner is confined.
—(1) Every application for a prisoner detained in custody to be brought before a court martial for trial must be in the form of a letter addressed by either the registrar of the military courts or the president of that court martial, stating the purpose for which the court martial has been assembled and also stating where the prisoner is detained in custody and when, where and for what purpose the prisoner is required to be produced.
(2) The Registrar of the Supreme Court must submit the letter as soon as possible after the receipt thereof to, and obtain the order thereon of, a Judge.[40/2019]
(3) If an order is made under this section, it must be drawn up with a direction that a warrant must be issued accordingly and the warrant must be prepared and signed by the Registrar of the Supreme Court and countersigned by the Judge who made the order and sealed with the seal of the Supreme Court.[40/2019]
(4) The warrant when issued must be forwarded by the Registrar of the Supreme Court to the officer in charge of the prison in which the prisoner is confined.
Removal of prisoner from one custody to another
420.—(1) Every application to remove a prisoner from one custody to another for the purpose of trial or for any other purpose must be made to the General Division of the High Court and must be supported by an affidavit stating —(a)
where the prisoner is detained in custody;
(b)
to what other custody it is proposed to remove the prisoner; and
(c)
the reason for the change of custody.[40/2019]
(2) If an order is made for the removal of a prisoner from one custody to another for the purpose of trial or for any other purpose, the order must be drawn up with a direction that a warrant must be issued accordingly.
(3) The warrant must be prepared and signed by the Registrar of the Supreme Court and countersigned by the Judge who made the order and sealed with the seal of the Supreme Court.[40/2019]
—(1) Every application to remove a prisoner from one custody to another for the purpose of trial or for any other purpose must be made to the General Division of the High Court and must be supported by an affidavit stating —(a)
where the prisoner is detained in custody;
(b)
to what other custody it is proposed to remove the prisoner; and
(c)
the reason for the change of custody.[40/2019]
(2) If an order is made for the removal of a prisoner from one custody to another for the purpose of trial or for any other purpose, the order must be drawn up with a direction that a warrant must be issued accordingly.
(3) The warrant must be prepared and signed by the Registrar of the Supreme Court and countersigned by the Judge who made the order and sealed with the seal of the Supreme Court.[40/2019]
Duty of officer to whom order or warrant is addressed
421. The officer to whom any order for review of detention or warrant is addressed under this Division or under section 98 or 282 must act in accordance with it and must provide for the safe custody of the prisoner during the prisoner’s absence from prison for the purpose mentioned in the order or warrant.
No appeal
422. No appeal shall lie from an order directing or refusing to direct the issue of an order for review of detention or from an order made under section 418 but the General Division of the High Court may at any time adjourn the hearing for the decision of a Court consisting of 3 or more Judges.[40/2019]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
