Information about offences received by police
14.—(1) When information is first received at a police station about an offence, the recording officer must proceed in accordance with this section.(2) If the information is in writing, the recording officer must —(a)
if practicable, immediately mark on it the date and time of receipt at the police station and the name and address of the person who gave the information; and
(b)
if the information appears to be signed by the informant, file it as a report.
(3) If the information is given orally and the recording officer considers it practicable to reduce it to writing immediately, the recording officer must ensure that all of the following are recorded in a report:(a)
the date and time of the recording officer’s receipt of the information;
(b)
the name and address of the informant;
(c)
the information given by the informant;
(d)
such other particulars as the nature of the case may require.
(4) The informant, the recording officer and the interpreter (if any) must, where practicable, sign the report mentioned in subsection (3).
(5) If the information is given orally and it is impracticable for the recording officer to write it down immediately, he or she must —(a)
make a note of the first information; and
(b)
if the offence to which the information relates is an arrestable offence, cause to be recorded, as soon as possible, a fuller statement from the informant under section 22.
(6) If requested, the recording officer must give a copy of the information recorded under this section to the informant upon payment of the prescribed fee.
(7) The Minister charged with the responsibility for home affairs may prescribe the mode by which information about an offence may be received or given under this section and section 15.
(8) In this section, “recording officer” means the officer in charge of a police station or any police officer whose duty includes receiving reports relating to the commission of any offence.
—(1) When information is first received at a police station about an offence, the recording officer must proceed in accordance with this section.
(2) If the information is in writing, the recording officer must —(a)
if practicable, immediately mark on it the date and time of receipt at the police station and the name and address of the person who gave the information; and
(b)
if the information appears to be signed by the informant, file it as a report.
(3) If the information is given orally and the recording officer considers it practicable to reduce it to writing immediately, the recording officer must ensure that all of the following are recorded in a report:(a)
the date and time of the recording officer’s receipt of the information;
(b)
the name and address of the informant;
(c)
the information given by the informant;
(d)
such other particulars as the nature of the case may require.
(4) The informant, the recording officer and the interpreter (if any) must, where practicable, sign the report mentioned in subsection (3).
(5) If the information is given orally and it is impracticable for the recording officer to write it down immediately, he or she must —(a)
make a note of the first information; and
(b)
if the offence to which the information relates is an arrestable offence, cause to be recorded, as soon as possible, a fuller statement from the informant under section 22.
(6) If requested, the recording officer must give a copy of the information recorded under this section to the informant upon payment of the prescribed fee.
(7) The Minister charged with the responsibility for home affairs may prescribe the mode by which information about an offence may be received or given under this section and section 15.
(8) In this section, “recording officer” means the officer in charge of a police station or any police officer whose duty includes receiving reports relating to the commission of any offence.
Information about offences received by authorised persons
15.—(1) When information about an offence is given to any authorised person —(a)
that person must immediately record the information in a report and communicate that report to the officer in charge of a police station or any police officer whose duty includes dealing with reports relating to the commission of any offence; and
(b)
that officer must then proceed in accordance with section 16 or 17.
(2) If requested, the officer mentioned in subsection (1) must give a copy of the information recorded under this section to the informant upon payment of the prescribed fee.
(3) In this section, “authorised person” means any person, not being a police officer, who is authorised by the Commissioner of Police to receive reports relating to the commission of any offence.
—(1) When information about an offence is given to any authorised person —(a)
that person must immediately record the information in a report and communicate that report to the officer in charge of a police station or any police officer whose duty includes dealing with reports relating to the commission of any offence; and
(b)
that officer must then proceed in accordance with section 16 or 17.
(2) If requested, the officer mentioned in subsection (1) must give a copy of the information recorded under this section to the informant upon payment of the prescribed fee.
(3) In this section, “authorised person” means any person, not being a police officer, who is authorised by the Commissioner of Police to receive reports relating to the commission of any offence.
Procedure in non-arrestable cases
16.—(1) Where the information so filed or recorded under section 14 or 15 relates to a non-arrestable offence, any one or more of the following applies:(a)
the case must thereupon be investigated by a police officer;
(b)
the informant may, by notice of a police officer, be referred to a Magistrate; [Act 16 of 2024 wef 17/06/2024]
(c)
a police officer may refer the case to a mediator of a Community Mediation Centre, established under the Community Mediation Centres Act 1997, for mediation.[Act 16 of 2024 wef 17/06/2024]
(1A) Despite subsection (1), if the police officer has reason to believe that the matter is not of a serious nature or there are insufficient grounds for proceeding with the matter (whether or not any investigation has commenced under subsection (1)(a)), no further action need be taken by any police officer.[Act 16 of 2024 wef 17/06/2024]
(2) In investigating such a case, a police officer may, by order of the Public Prosecutor or a Magistrate, exercise any of the special powers of investigation under sections 21, 22, 34, 39 and 111.
(3) A police officer receiving an order of the Public Prosecutor or a Magistrate as mentioned in subsection (2) may also exercise the same powers in respect of the investigation as the police officer may exercise without an order in an arrestable case, except the power to arrest without warrant.
(4) Any informant referred to a Magistrate under subsection (1) must be supplied with a copy of any report filed or recorded under section 14 or 15 on which must be endorsed the name of the police station or place at which the information was so filed or recorded.
(5) A police officer must record his or her reasons if he or she decides to take any course of action mentioned in subsection (1)(b) or (c) or (1A).[Act 16 of 2024 wef 17/06/2024]
—(1) Where the information so filed or recorded under section 14 or 15 relates to a non-arrestable offence, any one or more of the following applies:(a)
the case must thereupon be investigated by a police officer;
(b)
the informant may, by notice of a police officer, be referred to a Magistrate; [Act 16 of 2024 wef 17/06/2024]
(c)
a police officer may refer the case to a mediator of a Community Mediation Centre, established under the Community Mediation Centres Act 1997, for mediation.[Act 16 of 2024 wef 17/06/2024]
(1A) Despite subsection (1), if the police officer has reason to believe that the matter is not of a serious nature or there are insufficient grounds for proceeding with the matter (whether or not any investigation has commenced under subsection (1)(a)), no further action need be taken by any police officer.[Act 16 of 2024 wef 17/06/2024]
(2) In investigating such a case, a police officer may, by order of the Public Prosecutor or a Magistrate, exercise any of the special powers of investigation under sections 21, 22, 34, 39 and 111.
(3) A police officer receiving an order of the Public Prosecutor or a Magistrate as mentioned in subsection (2) may also exercise the same powers in respect of the investigation as the police officer may exercise without an order in an arrestable case, except the power to arrest without warrant.
(4) Any informant referred to a Magistrate under subsection (1) must be supplied with a copy of any report filed or recorded under section 14 or 15 on which must be endorsed the name of the police station or place at which the information was so filed or recorded.
(5) A police officer must record his or her reasons if he or she decides to take any course of action mentioned in subsection (1)(b) or (c) or (1A).[Act 16 of 2024 wef 17/06/2024]
Procedure when arrestable offence is suspected
17.—(1) If, from information received or otherwise, a police officer has reason to suspect that an arrestable offence has been committed, the police officer must, or if he or she is unable to attend to the case, another police officer acting in his or her place must —(a)
investigate the facts and circumstances of the case as soon as practicable; and[Act 5 of 2024 wef 31/05/2024]
(b)
try to find the offender and, if appropriate, arrest the offender and report the case to the Public Prosecutor.[Act 5 of 2024 wef 31/05/2024]
(2) Despite subsection (1) —(a)
if the police officer has reason to believe that the case is not of a serious nature, there is no need to investigate the facts and circumstances of the case; or[Act 5 of 2024 wef 31/05/2024]
(b)
if the police officer has reason to believe that there are insufficient grounds for proceeding with the matter, he or she must not do so.
(3) In each of the cases mentioned in subsection (2)(a) and (b), the police officer receiving the information must state in his or her report his or her reason for not fully complying with subsection (1).
—(1) If, from information received or otherwise, a police officer has reason to suspect that an arrestable offence has been committed, the police officer must, or if he or she is unable to attend to the case, another police officer acting in his or her place must —(a)
investigate the facts and circumstances of the case as soon as practicable; and[Act 5 of 2024 wef 31/05/2024]
(b)
try to find the offender and, if appropriate, arrest the offender and report the case to the Public Prosecutor.[Act 5 of 2024 wef 31/05/2024]
(2) Despite subsection (1) —(a)
if the police officer has reason to believe that the case is not of a serious nature, there is no need to investigate the facts and circumstances of the case; or[Act 5 of 2024 wef 31/05/2024]
(b)
if the police officer has reason to believe that there are insufficient grounds for proceeding with the matter, he or she must not do so.
(3) In each of the cases mentioned in subsection (2)(a) and (b), the police officer receiving the information must state in his or her report his or her reason for not fully complying with subsection (1).
Investigation in arrestable cases
18.—(1) A police officer may exercise all or any of the special powers of investigation under sections 21, 22, 34, 39 and 111 when investigating any arrestable case.(2) The action of a police officer in such a case may not be called into question at any time on the ground that he or she lacked authority under this section to exercise the special powers of investigation under sections 21, 22, 34, 39 and 111.
—(1) A police officer may exercise all or any of the special powers of investigation under sections 21, 22, 34, 39 and 111 when investigating any arrestable case.
(2) The action of a police officer in such a case may not be called into question at any time on the ground that he or she lacked authority under this section to exercise the special powers of investigation under sections 21, 22, 34, 39 and 111.
Diary of proceedings in investigation
19.—(1) A police officer conducting any investigation under this Part must keep a daily diary of his or her progress, setting out —(a)
the time at which any order for investigation reached him or her;
(b)
the times at which he or she began and closed his or her investigation;
(c)
the places he or she visited; and
(d)
the findings of his or her investigation.
(2) Despite anything in the Evidence Act 1893, an accused is not entitled to call for or inspect such a diary before or during an inquiry, a trial or other proceeding under this Code.
(3) Where, for the purposes of section 161 or 162 of the Evidence Act 1893, the police officer conducting the investigation refers to such a diary, then —(a)
the accused may be shown only the entries in the diary that the officer or prosecutor has referred to; and
(b)
the prosecutor must conceal or obliterate any other entries.
—(1) A police officer conducting any investigation under this Part must keep a daily diary of his or her progress, setting out —(a)
the time at which any order for investigation reached him or her;
(b)
the times at which he or she began and closed his or her investigation;
(c)
the places he or she visited; and
(d)
the findings of his or her investigation.
(2) Despite anything in the Evidence Act 1893, an accused is not entitled to call for or inspect such a diary before or during an inquiry, a trial or other proceeding under this Code.
(3) Where, for the purposes of section 161 or 162 of the Evidence Act 1893, the police officer conducting the investigation refers to such a diary, then —(a)
the accused may be shown only the entries in the diary that the officer or prosecutor has referred to; and
(b)
the prosecutor must conceal or obliterate any other entries.
Power to order production of any document or other thing
20.—(1) Where a police officer of or above the rank of sergeant, or an authorised person, considers that any document or thing (other than a document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, the police officer or authorised person may —(a)
issue a written order to require a person in whose possession or power the document or thing is believed to be —(i)
to produce the document or thing at the time and place stated in the order;
(ii)
to give a police officer or an authorised person access to the document or thing; or
(iii)
in the case of a document or thing that is in electronic form —(A)
to produce a copy of the document or thing, at the time and place stated in the order; or
(B)
to give a police officer or an authorised person access to a copy of the document or thing; or
(b)
in the case of a document or thing that is contained in or available to a computer — issue a written order to require a person who is believed to have power to access the document or thing from that computer —(i)
to produce a copy of the document or thing, at the time and place stated in the order; or
(ii)
to give a police officer or an authorised person access to a copy of the document or thing.[19/2018; 10/2021]
(1A) Without limiting subsection (1), where a police officer of or above the rank of sergeant, or an authorised person, considers that any data (other than data in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, the police officer or authorised person may —(a)
issue a written order to require a person in whose possession or power the data is believed to be —(i)
to authenticate the data; and
(ii)
to produce the data, at the time and place stated in the order; or
(b)
in the case of any data that is contained in or available to a computer — issue a written order to require a person who is believed to have power to access the data from that computer —(i)
to authenticate a copy of the data; and
(ii)
to produce a copy of the data, at the time and place stated in the order.[19/2018; 10/2021]
(2) Despite subsections (1) and (1A), a written order under subsection (1) or (1A) for the production of customer information by a financial institution (other than a specified institution), or access to customer information kept by a financial institution (other than a specified institution) —(a)
may only be made by a police officer of or above the rank of inspector, or an authorised person; and
(b)
may require the financial institution to monitor any account of a customer of the financial institution for a period of time and provide such information relating to the transactions carried out in the account during that period.[19/2018]
[Act 5 of 2024 wef 01/08/2024]
(2A) Despite subsections (1) and (1A), a written order under subsection (1) or (1A) for the production of customer information by a specified institution, or access to customer information kept by a specified institution —(a)
may only be made by —(i)
a police officer of or above the rank of inspector;
(ii)
an authorised person mentioned in paragraph (a) of the definition of “authorised person” in subsection (9); or
(iii)
an authorised person mentioned in paragraph (b) of the definition of “authorised person” in subsection (9) who is investigating an offence under a specified law; and
(b)
may require the specified institution to monitor any account of a customer of the specified institution for a period of time and provide such information relating to the transactions carried out in the account during that period.[Act 5 of 2024 wef 01/08/2024]
(3) If any document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, the Public Prosecutor may issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —(a)
to deliver that document or thing, at the time and place stated in the order, to a person stated in the order; or
(b)
in the case of a document or thing that is in electronic form or is contained in or available to a computer — to deliver a copy of that document or thing, at the time and place stated in the order, to a person stated in the order.[19/2018; 10/2021]
(3A) Without limiting subsection (3), if any data in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, the Public Prosecutor may —(a)
issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —(i)
to authenticate the data; and
(ii)
to produce the data, at the time and place stated in the order; or
(b)
in the case of any data that is contained in or available to a computer — issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —(i)
to authenticate a copy of the data; and
(ii)
to produce a copy of the data, at the time and place stated in the order.[19/2018; 10/2021]
(4) If a person is required merely to produce any document, thing, data or copy, the person may comply with that requirement by causing the document, thing, data or copy to be produced instead of bringing it in person.[19/2018]
(5) A police officer, or an authorised person, may exercise the powers conferred under this section despite any provision in any other law relating to the production of, or the giving of any access to, any document or thing, or data.[19/2018]
(6) The cost incurred by a person in complying with any requirement or written order under this section, or any requirement under any regulations in respect of any matter mentioned in section 428(2)(d), is to be borne by the person.[19/2018; 14/2019]
(7) Any person who fails to comply with a written order issued under subsection (1), (1A), (3) or (3A), shall be guilty of an offence and shall be liable on conviction —(a)
in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000;
(b)
in any case where the person is an individual, and the written order states that it is issued for the investigation or trial of an arrestable offence — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or
(c)
in any other case — to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both.[19/2018]
(8) No liability shall lie against a person who, acting in good faith and with reasonable care, does or omits to do anything in complying with any written order issued under subsection (1), (1A), (3) or (3A), or with any requirement under any regulations in respect of any matter mentioned in section 428(2)(d).[19/2018; 14/2019]
(9) In this section —“authorised person” means —(a)
any person who is authorised in writing by the Commissioner of Police for the purposes of this section;
(b)
any officer of a prescribed law enforcement agency mentioned in paragraph (a), (b), (c) or (d) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section; or
(c)
any other officer of a prescribed law enforcement agency mentioned in paragraph (e) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section;
“customer information” —(a)
in relation to a bank or merchant bank, has the meaning given by section 40A of the Banking Act 1970; and a reference in that section to a bank is a reference to a bank or merchant bank;
(b)
in relation to a licensed trust company, means information protected under section 49 of the Trust Companies Act 2005; and
(c)
in relation to any other financial institution, means any information relating to, or any particulars of, an account of a customer of the financial institution or funds of a customer under management by the financial institution, but does not include any information that is not referable to any named person or group of named persons;
“prescribed law enforcement agency” means —(a)
the Inland Revenue Authority of Singapore;
(b)
the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders;
(c)
the Singapore Customs;
(d)
the Gambling Regulatory Authority of Singapore; or
(e)
any other law enforcement agency prescribed, by order in the Gazette, by the Minister charged with the responsibility for that law enforcement agency;
“specified institution” means a financial institution that is any of the following:(a)
a bank or merchant bank within the meaning of section 2(1) of the Banking Act 1970;
(b)
a licensed trust company within the meaning of section 2 of the Trust Companies Act 2005;
“specified law” means —(a)
in relation to an offence investigated by the Inland Revenue Authority of Singapore —(i)
the Goods and Services Tax Act 1993; or
(ii)
the Income Tax Act 1947;
(b)
in relation to an investigation into an offence conducted by the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders —(i)
the Employment Agencies Act 1958;
(ii)
the Employment of Foreign Manpower Act 1990; or
(iii)
the Prevention of Human Trafficking Act 2014;
(c)
in relation to an offence investigated by the Singapore Customs —(i)
the Chemical Weapons (Prohibition) Act 2000;
(ii)
the Customs Act 1960;
(iii)
the Free Trade Zones Act 1966;
(iv)
the Regulation of Imports and Exports Act 1995;
(v)
the Strategic Goods (Control) Act 2002; or
(vi)
the United Nations Act 2001; and
(d)
in relation to an offence investigated by the Gambling Regulatory Authority of Singapore —(i)
the Casino Control Act 2006; or
(ii)
the Gambling Control Act 2022.[Act 5 of 2024 wef 01/08/2024]
—(1) Where a police officer of or above the rank of sergeant, or an authorised person, considers that any document or thing (other than a document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, the police officer or authorised person may —(a)
issue a written order to require a person in whose possession or power the document or thing is believed to be —(i)
to produce the document or thing at the time and place stated in the order;
(ii)
to give a police officer or an authorised person access to the document or thing; or
(iii)
in the case of a document or thing that is in electronic form —(A)
to produce a copy of the document or thing, at the time and place stated in the order; or
(B)
to give a police officer or an authorised person access to a copy of the document or thing; or
(b)
in the case of a document or thing that is contained in or available to a computer — issue a written order to require a person who is believed to have power to access the document or thing from that computer —(i)
to produce a copy of the document or thing, at the time and place stated in the order; or
(ii)
to give a police officer or an authorised person access to a copy of the document or thing.[19/2018; 10/2021]
(1A) Without limiting subsection (1), where a police officer of or above the rank of sergeant, or an authorised person, considers that any data (other than data in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, the police officer or authorised person may —(a)
issue a written order to require a person in whose possession or power the data is believed to be —(i)
to authenticate the data; and
(ii)
to produce the data, at the time and place stated in the order; or
(b)
in the case of any data that is contained in or available to a computer — issue a written order to require a person who is believed to have power to access the data from that computer —(i)
to authenticate a copy of the data; and
(ii)
to produce a copy of the data, at the time and place stated in the order.[19/2018; 10/2021]
(2) Despite subsections (1) and (1A), a written order under subsection (1) or (1A) for the production of customer information by a financial institution (other than a specified institution), or access to customer information kept by a financial institution (other than a specified institution) —(a)
may only be made by a police officer of or above the rank of inspector, or an authorised person; and
(b)
may require the financial institution to monitor any account of a customer of the financial institution for a period of time and provide such information relating to the transactions carried out in the account during that period.[19/2018]
[Act 5 of 2024 wef 01/08/2024]
(2A) Despite subsections (1) and (1A), a written order under subsection (1) or (1A) for the production of customer information by a specified institution, or access to customer information kept by a specified institution —(a)
may only be made by —(i)
a police officer of or above the rank of inspector;
(ii)
an authorised person mentioned in paragraph (a) of the definition of “authorised person” in subsection (9); or
(iii)
an authorised person mentioned in paragraph (b) of the definition of “authorised person” in subsection (9) who is investigating an offence under a specified law; and
(b)
may require the specified institution to monitor any account of a customer of the specified institution for a period of time and provide such information relating to the transactions carried out in the account during that period.[Act 5 of 2024 wef 01/08/2024]
(3) If any document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, the Public Prosecutor may issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —(a)
to deliver that document or thing, at the time and place stated in the order, to a person stated in the order; or
(b)
in the case of a document or thing that is in electronic form or is contained in or available to a computer — to deliver a copy of that document or thing, at the time and place stated in the order, to a person stated in the order.[19/2018; 10/2021]
(3A) Without limiting subsection (3), if any data in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, the Public Prosecutor may —(a)
issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —(i)
to authenticate the data; and
(ii)
to produce the data, at the time and place stated in the order; or
(b)
in the case of any data that is contained in or available to a computer — issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —(i)
to authenticate a copy of the data; and
(ii)
to produce a copy of the data, at the time and place stated in the order.[19/2018; 10/2021]
(4) If a person is required merely to produce any document, thing, data or copy, the person may comply with that requirement by causing the document, thing, data or copy to be produced instead of bringing it in person.[19/2018]
(5) A police officer, or an authorised person, may exercise the powers conferred under this section despite any provision in any other law relating to the production of, or the giving of any access to, any document or thing, or data.[19/2018]
(6) The cost incurred by a person in complying with any requirement or written order under this section, or any requirement under any regulations in respect of any matter mentioned in section 428(2)(d), is to be borne by the person.[19/2018; 14/2019]
(7) Any person who fails to comply with a written order issued under subsection (1), (1A), (3) or (3A), shall be guilty of an offence and shall be liable on conviction —(a)
in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000;
(b)
in any case where the person is an individual, and the written order states that it is issued for the investigation or trial of an arrestable offence — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or
(c)
in any other case — to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both.[19/2018]
(8) No liability shall lie against a person who, acting in good faith and with reasonable care, does or omits to do anything in complying with any written order issued under subsection (1), (1A), (3) or (3A), or with any requirement under any regulations in respect of any matter mentioned in section 428(2)(d).[19/2018; 14/2019]
(9) In this section —“authorised person” means —(a)
any person who is authorised in writing by the Commissioner of Police for the purposes of this section;
(b)
any officer of a prescribed law enforcement agency mentioned in paragraph (a), (b), (c) or (d) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section; or
(c)
any other officer of a prescribed law enforcement agency mentioned in paragraph (e) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section;
“customer information” —(a)
in relation to a bank or merchant bank, has the meaning given by section 40A of the Banking Act 1970; and a reference in that section to a bank is a reference to a bank or merchant bank;
(b)
in relation to a licensed trust company, means information protected under section 49 of the Trust Companies Act 2005; and
(c)
in relation to any other financial institution, means any information relating to, or any particulars of, an account of a customer of the financial institution or funds of a customer under management by the financial institution, but does not include any information that is not referable to any named person or group of named persons;
“prescribed law enforcement agency” means —(a)
the Inland Revenue Authority of Singapore;
(b)
the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders;
(c)
the Singapore Customs;
(d)
the Gambling Regulatory Authority of Singapore; or
(e)
any other law enforcement agency prescribed, by order in the Gazette, by the Minister charged with the responsibility for that law enforcement agency;
“specified institution” means a financial institution that is any of the following:(a)
a bank or merchant bank within the meaning of section 2(1) of the Banking Act 1970;
(b)
a licensed trust company within the meaning of section 2 of the Trust Companies Act 2005;
“specified law” means —(a)
in relation to an offence investigated by the Inland Revenue Authority of Singapore —(i)
the Goods and Services Tax Act 1993; or
(ii)
the Income Tax Act 1947;
(b)
in relation to an investigation into an offence conducted by the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders —(i)
the Employment Agencies Act 1958;
(ii)
the Employment of Foreign Manpower Act 1990; or
(iii)
the Prevention of Human Trafficking Act 2014;
(c)
in relation to an offence investigated by the Singapore Customs —(i)
the Chemical Weapons (Prohibition) Act 2000;
(ii)
the Customs Act 1960;
(iii)
the Free Trade Zones Act 1966;
(iv)
the Regulation of Imports and Exports Act 1995;
(v)
the Strategic Goods (Control) Act 2002; or
(vi)
the United Nations Act 2001; and
(d)
in relation to an offence investigated by the Gambling Regulatory Authority of Singapore —(i)
the Casino Control Act 2006; or
(ii)
the Gambling Control Act 2022.[Act 5 of 2024 wef 01/08/2024]
Power to require attendance of witnesses
21.—(1) In conducting an investigation under this Part, a police officer may issue a written order requiring anyone within the limits of Singapore, who appears to be acquainted with any of the facts and circumstances of the case, to attend before the police officer, and that person must attend as required.(2) If that person fails to attend as required, the police officer may report the matter to a Magistrate who may then issue a warrant ordering the person to attend.
—(1) In conducting an investigation under this Part, a police officer may issue a written order requiring anyone within the limits of Singapore, who appears to be acquainted with any of the facts and circumstances of the case, to attend before the police officer, and that person must attend as required.
(2) If that person fails to attend as required, the police officer may report the matter to a Magistrate who may then issue a warrant ordering the person to attend.
Power to examine witnesses
22.—(1) In conducting an investigation under this Part, a police officer, or a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act 2004 and the lawful directions of the police officer or law enforcement officer he or she assists, may examine orally any person who appears to be acquainted with any of the facts and circumstances of the case —(a)
whether before or after that person or anyone else is charged with an offence in connection with the case; and
(b)
whether or not that person is to be called as a witness in any inquiry, trial, or other proceeding under this Code in connection with the case.[10/2015]
(2) The person examined is bound to state truly what the person knows of the facts and circumstances of the case, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.
(3) Subject to subsection (5), a statement made by a person examined under this section must be recorded —(a)
in writing; or
(b)
in the form of an audiovisual recording.[19/2018]
(4) Where a statement made by a person examined under this section is recorded in writing, the statement must —(a)
be read over to the person;
(b)
if the person does not understand English, be interpreted for the person in a language that the person understands; and
(c)
be signed by the person.[19/2018]
(5) Where, before a person makes a statement under this section, any police officer or forensic specialist examining the person reasonably suspects the person of having committed an offence specified in the Third Schedule, any statement made by the person during the examination must be recorded in the form of an audiovisual recording, unless any of the following applies:(a)
due to an operational exigency, it is not feasible to record the statement in the form of an audiovisual recording;
(b)
the equipment designated for recording the statement in the form of an audiovisual recording —(i)
does not work; and
(ii)
cannot be repaired or replaced within a reasonable time;
(c)
the person requests that the statement be recorded in writing instead of in the form of an audiovisual recording, and the police officer or forensic specialist examining the person reasonably believes that the granting of the request will facilitate the investigation.[19/2018]
(6) Despite subsection (5) —(a)
a mere failure to comply with subsection (5) does not render a statement by a person examined under this section inadmissible if the statement is otherwise admissible; and
(b)
no inference is to be drawn by the court from a mere failure to comply with that subsection.[19/2018]
(7) Except as provided in subsection (5), any police officer or forensic specialist examining a person under this section may decide whether a statement made by the person during the examination is to be recorded —(a)
in writing; or
(b)
in the form of an audiovisual recording.[19/2018]
—(1) In conducting an investigation under this Part, a police officer, or a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act 2004 and the lawful directions of the police officer or law enforcement officer he or she assists, may examine orally any person who appears to be acquainted with any of the facts and circumstances of the case —(a)
whether before or after that person or anyone else is charged with an offence in connection with the case; and
(b)
whether or not that person is to be called as a witness in any inquiry, trial, or other proceeding under this Code in connection with the case.[10/2015]
(2) The person examined is bound to state truly what the person knows of the facts and circumstances of the case, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.
(3) Subject to subsection (5), a statement made by a person examined under this section must be recorded —(a)
in writing; or
(b)
in the form of an audiovisual recording.[19/2018]
(4) Where a statement made by a person examined under this section is recorded in writing, the statement must —(a)
be read over to the person;
(b)
if the person does not understand English, be interpreted for the person in a language that the person understands; and
(c)
be signed by the person.[19/2018]
(5) Where, before a person makes a statement under this section, any police officer or forensic specialist examining the person reasonably suspects the person of having committed an offence specified in the Third Schedule, any statement made by the person during the examination must be recorded in the form of an audiovisual recording, unless any of the following applies:(a)
due to an operational exigency, it is not feasible to record the statement in the form of an audiovisual recording;
(b)
the equipment designated for recording the statement in the form of an audiovisual recording —(i)
does not work; and
(ii)
cannot be repaired or replaced within a reasonable time;
(c)
the person requests that the statement be recorded in writing instead of in the form of an audiovisual recording, and the police officer or forensic specialist examining the person reasonably believes that the granting of the request will facilitate the investigation.[19/2018]
(6) Despite subsection (5) —(a)
a mere failure to comply with subsection (5) does not render a statement by a person examined under this section inadmissible if the statement is otherwise admissible; and
(b)
no inference is to be drawn by the court from a mere failure to comply with that subsection.[19/2018]
(7) Except as provided in subsection (5), any police officer or forensic specialist examining a person under this section may decide whether a statement made by the person during the examination is to be recorded —(a)
in writing; or
(b)
in the form of an audiovisual recording.[19/2018]
Cautioned statements
23.—(1) If, during an investigation, a person (called in this section the accused) is charged with an offence or informed by a police officer or any other person charged with the duty of investigating offences or charging offenders that the accused may be prosecuted for an offence, the accused must be served with and have read to the accused a written notice as follows:
“You have been charged with [or informed that you may be prosecuted for] —
(set out the charge).
Do you want to say anything about the charge that was just read to you? If you keep quiet now about any fact or matter in your defence and you reveal this fact or matter in your defence only at your trial, the judge may be less likely to believe you. This may have a bad effect on your case in court. Therefore it may be better for you to mention such fact or matter now. If you wish to do so, what you say will be written down, read back to you for any mistakes to be corrected and then signed by you.”.
(2) If an accused, after the notice under subsection (1) is read to him or her —(a)
remains silent; or
(b)
says or does anything which intimates the accused’s refusal to give a statement,
the fact of his or her remaining silent or his or her refusal to give a statement or his or her other action must be recorded.
(3) Subject to subsection (3B), a statement made by an accused in answer to a notice read to the accused under subsection (1) must be recorded —(a)
in writing; or
(b)
in the form of an audiovisual recording.[19/2018]
(3A) Where a statement made by an accused in answer to a notice read to the accused under subsection (1) is recorded in writing, the statement must —(a)
be read over to the accused;
(b)
if the accused does not understand English, be interpreted for the accused in a language that the accused understands; and
(c)
be signed by the accused.[19/2018]
(3B) Where, before an accused makes a statement in answer to a notice read to the accused under subsection (1), the accused is charged with or informed that the accused may be prosecuted for an offence specified in the Third Schedule, the statement made by the accused must be recorded in the form of an audiovisual recording, unless any of the following applies:(a)
due to an operational exigency, it is not feasible to record the statement in the form of an audiovisual recording;
(b)
the equipment designated for recording the statement in the form of an audiovisual recording —(i)
does not work; and
(ii)
cannot be repaired or replaced within a reasonable time;
(c)
the accused requests that the statement be recorded in writing instead of in the form of an audiovisual recording, and the police officer or person to whom the accused intends to make the statement reasonably believes that the granting of the request will facilitate the investigation.[19/2018]
(3C) Despite subsection (3B) —(a)
a mere failure to comply with subsection (3B) does not render a statement made by an accused in answer to a notice read to the accused under subsection (1) inadmissible, if the statement is otherwise admissible; and
(b)
no inference is to be drawn by the court from a mere failure to comply with subsection (3B).[19/2018]
(3D) Except as provided in subsection (3B), the police officer or person to whom an accused intends to make a statement, in answer to a notice read to the accused under subsection (1), may decide whether the statement is to be recorded —(a)
in writing; or
(b)
in the form of an audiovisual recording.[19/2018]
(3E) To avoid doubt, nothing in subsection (3) or (3B) prevents or prohibits a police officer or person to whom an accused intends to make a statement in answer to a notice read to the accused under subsection (1) from arranging for the statement to be recorded both —(a)
in writing; and
(b)
in the form of an audiovisual recording.[19/2018]
(4) No statement made by an accused in answer to a notice read to the accused under subsection (1) is to be construed as a statement caused by any threat, inducement or promise as is described in section 258(3), if it is otherwise voluntary.
(5) Where a statement made by an accused, in answer to a notice read to the accused under subsection (1), is recorded in writing, a copy of the statement must be given to the accused at the end of the recording.[19/2018]
(6) Where a statement made by an accused, in answer to a notice read to the accused under subsection (1), is recorded in the form of an audiovisual recording —(a)
if requested by the defence, arrangements must be made for the accused and the accused’s advocate (if any) to view the audiovisual recording of the statement, as soon as practicable after the audiovisual recording is made, at a police station or at any other prescribed place; and
(b)
if a transcript of the audiovisual recording is made, a copy of the transcript must be given to the accused as soon as practicable after the transcript is made.[19/2018]
—(1) If, during an investigation, a person (called in this section the accused) is charged with an offence or informed by a police officer or any other person charged with the duty of investigating offences or charging offenders that the accused may be prosecuted for an offence, the accused must be served with and have read to the accused a written notice as follows:
“You have been charged with [or informed that you may be prosecuted for] —
(set out the charge).
Do you want to say anything about the charge that was just read to you? If you keep quiet now about any fact or matter in your defence and you reveal this fact or matter in your defence only at your trial, the judge may be less likely to believe you. This may have a bad effect on your case in court. Therefore it may be better for you to mention such fact or matter now. If you wish to do so, what you say will be written down, read back to you for any mistakes to be corrected and then signed by you.”.
(2) If an accused, after the notice under subsection (1) is read to him or her —(a)
remains silent; or
(b)
says or does anything which intimates the accused’s refusal to give a statement,
the fact of his or her remaining silent or his or her refusal to give a statement or his or her other action must be recorded.
(3) Subject to subsection (3B), a statement made by an accused in answer to a notice read to the accused under subsection (1) must be recorded —(a)
in writing; or
(b)
in the form of an audiovisual recording.[19/2018]
(3A) Where a statement made by an accused in answer to a notice read to the accused under subsection (1) is recorded in writing, the statement must —(a)
be read over to the accused;
(b)
if the accused does not understand English, be interpreted for the accused in a language that the accused understands; and
(c)
be signed by the accused.[19/2018]
(3B) Where, before an accused makes a statement in answer to a notice read to the accused under subsection (1), the accused is charged with or informed that the accused may be prosecuted for an offence specified in the Third Schedule, the statement made by the accused must be recorded in the form of an audiovisual recording, unless any of the following applies:(a)
due to an operational exigency, it is not feasible to record the statement in the form of an audiovisual recording;
(b)
the equipment designated for recording the statement in the form of an audiovisual recording —(i)
does not work; and
(ii)
cannot be repaired or replaced within a reasonable time;
(c)
the accused requests that the statement be recorded in writing instead of in the form of an audiovisual recording, and the police officer or person to whom the accused intends to make the statement reasonably believes that the granting of the request will facilitate the investigation.[19/2018]
(3C) Despite subsection (3B) —(a)
a mere failure to comply with subsection (3B) does not render a statement made by an accused in answer to a notice read to the accused under subsection (1) inadmissible, if the statement is otherwise admissible; and
(b)
no inference is to be drawn by the court from a mere failure to comply with subsection (3B).[19/2018]
(3D) Except as provided in subsection (3B), the police officer or person to whom an accused intends to make a statement, in answer to a notice read to the accused under subsection (1), may decide whether the statement is to be recorded —(a)
in writing; or
(b)
in the form of an audiovisual recording.[19/2018]
(3E) To avoid doubt, nothing in subsection (3) or (3B) prevents or prohibits a police officer or person to whom an accused intends to make a statement in answer to a notice read to the accused under subsection (1) from arranging for the statement to be recorded both —(a)
in writing; and
(b)
in the form of an audiovisual recording.[19/2018]
(4) No statement made by an accused in answer to a notice read to the accused under subsection (1) is to be construed as a statement caused by any threat, inducement or promise as is described in section 258(3), if it is otherwise voluntary.
(5) Where a statement made by an accused, in answer to a notice read to the accused under subsection (1), is recorded in writing, a copy of the statement must be given to the accused at the end of the recording.[19/2018]
(6) Where a statement made by an accused, in answer to a notice read to the accused under subsection (1), is recorded in the form of an audiovisual recording —(a)
if requested by the defence, arrangements must be made for the accused and the accused’s advocate (if any) to view the audiovisual recording of the statement, as soon as practicable after the audiovisual recording is made, at a police station or at any other prescribed place; and
(b)
if a transcript of the audiovisual recording is made, a copy of the transcript must be given to the accused as soon as practicable after the transcript is made.[19/2018]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
