Security for keeping peace on conviction
41.—(1) When a person is charged with and convicted of —(a)
rioting, assault or any other breach of the peace or abetting any such offence;
(b)
an offence under section 143, 144, 145, 153 or 504 of the Penal Code 1871, under section 13A, 13B, 13C or 13D of the Miscellaneous Offences (Public Order and Nuisance) Act 1906 in force before 15 November 2014 or under section 3, 4, 5 or 6 of the Protection from Harassment Act 2014;
(c)
assembling armed men or taking other unlawful measures for such purpose; or
(d)
committing criminal intimidation by threatening injury to any person or property,
and the court before which that person is convicted believes that that person must execute a bond for keeping the peace, then the court may, at the time of passing sentence on that person, or instead of any sentence, order that person to execute a bond for a sum proportionate to that person’s means, with or without sureties, for keeping the peace for a period not exceeding 2 years.
[17/2014; 5/2015]
(2) If the conviction is set aside on appeal or otherwise, the bond so executed becomes void.
—(1) When a person is charged with and convicted of —(a)
rioting, assault or any other breach of the peace or abetting any such offence;
(b)
an offence under section 143, 144, 145, 153 or 504 of the Penal Code 1871, under section 13A, 13B, 13C or 13D of the Miscellaneous Offences (Public Order and Nuisance) Act 1906 in force before 15 November 2014 or under section 3, 4, 5 or 6 of the Protection from Harassment Act 2014;
(c)
assembling armed men or taking other unlawful measures for such purpose; or
(d)
committing criminal intimidation by threatening injury to any person or property,
and the court before which that person is convicted believes that that person must execute a bond for keeping the peace, then the court may, at the time of passing sentence on that person, or instead of any sentence, order that person to execute a bond for a sum proportionate to that person’s means, with or without sureties, for keeping the peace for a period not exceeding 2 years.
[17/2014; 5/2015]
(2) If the conviction is set aside on appeal or otherwise, the bond so executed becomes void.
Security for keeping peace by complainant
42.—(1) If, during or after a trial, the court considers that a complainant is or has been behaving in such a way that the complainant should be ordered to execute a bond to keep the peace, the court may require the complainant to show cause why the complainant should not be ordered to execute a bond to keep the peace for a period not exceeding 2 years.(2) The evidence which the court relies on under subsection (1) must be read to the complainant, but it is not necessary to recall any witness unless the complainant desires to cross‑examine the witness.
(3) The court may deal with this proceeding either as part of the case out of which it has arisen or as a separate proceeding.
—(1) If, during or after a trial, the court considers that a complainant is or has been behaving in such a way that the complainant should be ordered to execute a bond to keep the peace, the court may require the complainant to show cause why the complainant should not be ordered to execute a bond to keep the peace for a period not exceeding 2 years.
(2) The evidence which the court relies on under subsection (1) must be read to the complainant, but it is not necessary to recall any witness unless the complainant desires to cross‑examine the witness.
(3) The court may deal with this proceeding either as part of the case out of which it has arisen or as a separate proceeding.
Security for keeping peace generally
43. If it appears to a court that a person is likely to breach the peace or do a wrongful act that might lead to a breach of the peace, the court may require the person to show cause why the person should not be ordered to execute a bond to keep the peace for a period not exceeding 2 years.
Security for good behaviour from suspected offenders, etc.
44.—(1) A court may require a person to show cause why the person should not be ordered to execute a bond for his or her good behaviour for a period not exceeding 2 years, if it appears to the court that —(a)
the person is trying to conceal his or her presence and there is reason to believe that he or she is doing so with a view to committing an offence;
(b)
the person has no apparent means of supporting himself or herself or is unable to give a satisfactory account of himself or herself; or
(c)
the person orally or in writing disseminates or tries to disseminate or in any way helps to disseminate —(i)
any material which forms the subject matter of a charge under section 267C, 298A or 505 of the Penal Code 1871†; or[Act 30 of 2021 wef 02/11/2022]
(ii)
any matter concerning a Judge or a judicial officer amounting to criminal intimidation or defamation under the Penal Code 1871.[†Updated to be consistent with the 2020 Revised Edition]
(2) No proceeding may be taken under subsection (1)(c) except with the consent of the Public Prosecutor.
—(1) A court may require a person to show cause why the person should not be ordered to execute a bond for his or her good behaviour for a period not exceeding 2 years, if it appears to the court that —(a)
the person is trying to conceal his or her presence and there is reason to believe that he or she is doing so with a view to committing an offence;
(b)
the person has no apparent means of supporting himself or herself or is unable to give a satisfactory account of himself or herself; or
(c)
the person orally or in writing disseminates or tries to disseminate or in any way helps to disseminate —(i)
any material which forms the subject matter of a charge under section 267C, 298A or 505 of the Penal Code 1871†; or[Act 30 of 2021 wef 02/11/2022]
(ii)
any matter concerning a Judge or a judicial officer amounting to criminal intimidation or defamation under the Penal Code 1871.[†Updated to be consistent with the 2020 Revised Edition]
(2) No proceeding may be taken under subsection (1)(c) except with the consent of the Public Prosecutor.
Security for good behaviour from habitual offenders
45. A court may require a person to show cause why the person should not be ordered to execute a bond for his or her good behaviour for a period not exceeding 2 years, if it appears to the court that —(a)
the person habitually commits offences;
(b)
the person habitually associates with robbers, housebreakers, thieves, prostitutes or people who have no apparent means of subsistence; or
(c)
the person is so desperate or dangerous as to pose a risk to the community when at large.
Order to show cause
46. Where a court acting under section 43, 44 or 45 considers it necessary to require any person to show cause under the section, it must make an order in writing setting out —(a)
the information received on which the court is acting;
(b)
the amount of the bond to be executed;
(c)
how long the bond will be in force; and
(d)
the number of sureties (if any) required.
Procedure in respect of person subject to order
47.—(1) If the person subject to an order under section 46 is present in court, the order must be read to him or her or, if he or she wishes, explained to him or her.(2) If the person subject to the order is not present in court, the court must issue a summons requiring the person to appear or, if he or she is in custody, a warrant instructing the officer in whose custody the person is to bring the person before the court.
(3) The court may issue a warrant for a person’s arrest if the court is satisfied that, based on a police officer’s report or other information, there is reason to fear a breach of the peace and that this can be prevented only by the person’s immediate arrest.
(4) A copy of the order under section 46 must accompany every summons or warrant issued under subsection (2) or (3).
(5) The copy of the order must be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.
—(1) If the person subject to an order under section 46 is present in court, the order must be read to him or her or, if he or she wishes, explained to him or her.
(2) If the person subject to the order is not present in court, the court must issue a summons requiring the person to appear or, if he or she is in custody, a warrant instructing the officer in whose custody the person is to bring the person before the court.
(3) The court may issue a warrant for a person’s arrest if the court is satisfied that, based on a police officer’s report or other information, there is reason to fear a breach of the peace and that this can be prevented only by the person’s immediate arrest.
(4) A copy of the order under section 46 must accompany every summons or warrant issued under subsection (2) or (3).
(5) The copy of the order must be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.
Attendance of person required to execute bond
48. The court may, if it has good reasons, dispense with the personal attendance of a person subject to an order under section 46, and permit the person to appear by an advocate.
Inquiry as to truth of information
49.—(1) When an order under section 46 has been read or explained under section 47(1) to a person present in court or when a person appears or is brought before the court in compliance with a summons or in execution of a warrant under section 47, the court must then inquire into the truth of the information on which it has acted and will take further evidence as appears necessary.(2) The inquiry must follow as closely as practicable the procedure prescribed in this Code for conducting trials, except that no charge need be framed.
(3) For the purposes of this section, a person’s habitual offending may be proved by evidence of the person’s general reputation or in other ways.
—(1) When an order under section 46 has been read or explained under section 47(1) to a person present in court or when a person appears or is brought before the court in compliance with a summons or in execution of a warrant under section 47, the court must then inquire into the truth of the information on which it has acted and will take further evidence as appears necessary.
(2) The inquiry must follow as closely as practicable the procedure prescribed in this Code for conducting trials, except that no charge need be framed.
(3) For the purposes of this section, a person’s habitual offending may be proved by evidence of the person’s general reputation or in other ways.
Order to give security
50.—(1) If after an inquiry under section 49, the court is satisfied that the person subject to the order must execute a bond in order to keep the peace or maintain good behaviour, the court must make such order as is appropriate.(2) The bond may be with or without sureties and —(a)
must not be larger than the amount or longer than the period specified in the order made under section 46; and
(b)
the amount of the bond must be fixed with due regard to the circumstances of the case and must not be excessive but must be such as to afford the person against whom the order is made a fair chance of complying with it.
(3) If the court is satisfied that a bond is not necessary, the court must release the person subject to the order.
—(1) If after an inquiry under section 49, the court is satisfied that the person subject to the order must execute a bond in order to keep the peace or maintain good behaviour, the court must make such order as is appropriate.
(2) The bond may be with or without sureties and —(a)
must not be larger than the amount or longer than the period specified in the order made under section 46; and
(b)
the amount of the bond must be fixed with due regard to the circumstances of the case and must not be excessive but must be such as to afford the person against whom the order is made a fair chance of complying with it.
(3) If the court is satisfied that a bond is not necessary, the court must release the person subject to the order.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
