Interpretation of this Division
91. In this Division —“released person” means any person who is released on bail or on his or her personal bond, as the case may be; “surrender to custody”, in relation to a released person, means to surrender himself or herself into the custody of the court or a police officer (as the case may be) according to the bail or bond conditions at the time and place appointed for him or her to do so.
When person must normally be released on bail or personal bond, or on both
92.—(1) When any person, except a person accused of a non‑bailable offence —(a) is arrested or detained without warrant by a police officer, or appears or is brought before a court; and (b) is prepared to give bail at any time while in the police officer’s custody or at any stage of the proceedings before the court, the person must be released on bail by a police officer in cases determined by the Commissioner of Police or by that court. [19/2018] (2) Despite subsection (1) —(a) the police officer or the court may, instead of taking bail from the person, release the person if the person signs a personal bond without sureties; and (b) the court may, instead of releasing the person on bail, release the person on bail and on personal bond by requiring the person to sign a personal bond without sureties, in addition to taking bail from the person.[19/2018] (3) Despite subsections (1) and (2), where the person is accused of an offence that is not a fine-only offence, and a court believes, on any ground prescribed in the Criminal Procedure Rules, that the person, if released, will not surrender to custody, be available for investigations or attend court, the court may order as follows:(a) if the person is arrested or detained without warrant by a police officer — order the police officer not to release the person on bail or on personal bond; (b) if the person appears or is brought before the court — refuse to release the person, whether on bail, on personal bond, or on bail and on personal bond.[19/2018] (4) Where —(a) a State Court orders the release of a person under this section on bail, on personal bond, or on bail and on personal bond; and (b) the prosecution applies to the State Court to stay execution on the order pending a review of the order by the General Division of the High Court, the State Court may stay execution on the order pending a review of the order. [19/2018; 40/2019] —(1) When any person, except a person accused of a non‑bailable offence —(a) is arrested or detained without warrant by a police officer, or appears or is brought before a court; and (b) is prepared to give bail at any time while in the police officer’s custody or at any stage of the proceedings before the court, the person must be released on bail by a police officer in cases determined by the Commissioner of Police or by that court. [19/2018] (2) Despite subsection (1) —(a) the police officer or the court may, instead of taking bail from the person, release the person if the person signs a personal bond without sureties; and (b) the court may, instead of releasing the person on bail, release the person on bail and on personal bond by requiring the person to sign a personal bond without sureties, in addition to taking bail from the person.[19/2018] (3) Despite subsections (1) and (2), where the person is accused of an offence that is not a fine-only offence, and a court believes, on any ground prescribed in the Criminal Procedure Rules, that the person, if released, will not surrender to custody, be available for investigations or attend court, the court may order as follows:(a) if the person is arrested or detained without warrant by a police officer — order the police officer not to release the person on bail or on personal bond; (b) if the person appears or is brought before the court — refuse to release the person, whether on bail, on personal bond, or on bail and on personal bond.[19/2018] (4) Where —(a) a State Court orders the release of a person under this section on bail, on personal bond, or on bail and on personal bond; and (b) the prosecution applies to the State Court to stay execution on the order pending a review of the order by the General Division of the High Court, the State Court may stay execution on the order pending a review of the order. [19/2018; 40/2019]
When person accused of non-bailable offence may be released on bail or personal bond
93.—(1) Subject to section 95(1), if any person accused of any non‑bailable offence is arrested or detained without warrant by a police officer, or appears or is brought before a court, the person may be released on bail by a police officer of or above the rank of sergeant or by the court.(1A) Despite subsection (1), the court may at any stage of the proceedings, instead of releasing the accused on bail, release the accused on his or her own personal bond if —(a) the non-bailable offence for which the accused is being released on personal bond is an offence punishable with imprisonment for not more than 7 years; and (b) the prosecution consents to the release of the accused on personal bond.[Act 5 of 2024 wef 01/08/2024] (1B) The prosecution may at any stage of the proceedings indicate to the court that it is withdrawing the consent mentioned in subsection (1A)(b), and where the consent is so withdrawn, the court must —(a) revoke the order for release on personal bond mentioned in subsection (1A); and (b) consider whether to release the accused on bail.[Act 5 of 2024 wef 01/08/2024] (1C) Despite subsection (1), a police officer of or above the rank of sergeant may, instead of releasing the accused on bail, release the accused on his or her own personal bond if the non‑bailable offence for which the accused is being released on personal bond is an offence punishable with imprisonment for not more than 7 years.[Act 5 of 2024 wef 01/08/2024] (1D) To avoid doubt, subsections (1A) and (1C) do not apply where the non‑bailable offence mentioned in those subsections is an offence punishable with imprisonment for more than 7 years due to the application of an enhanced penalty provision under any written law.[Act 5 of 2024 wef 01/08/2024] Illustration A is charged under section 324 read with section 74A of the Penal Code 1871 for voluntarily causing hurt by dangerous weapons or means to a vulnerable person. As the maximum penalty for an offence under section 324 read with section 74A of the Penal Code 1871 is 14 years’ imprisonment, A is not eligible to be released on his or her own personal bond under this section. [Act 5 of 2024 wef 01/08/2024] (2) Subject to section 95(1), if, at any stage of an investigation, inquiry, trial or other proceeding under this Code, there are no reasonable grounds for believing that the accused has committed a non‑bailable offence, the police officer or court must release the accused. (3) Despite subsection (2), if there are grounds for further investigations as to whether the accused has committed some other bailable offence, then, pending the investigations, the accused must be released on bail or, at the discretion of the police officer or court, on his or her own personal bond. (3A) Despite subsections (2) and (3), the court may, instead of releasing the accused on bail or on the accused’s own personal bond, release the accused on bail and on personal bond by requiring the accused to sign a personal bond without sureties, in addition to taking bail from the accused.[19/2018] (3B) Despite subsections (2), (3) and (3A), where there are grounds for further investigations as to whether the accused has committed a bailable offence that is not a fine‑only offence, and a court believes, on any ground prescribed in the Criminal Procedure Rules, that the accused, if released, will not surrender to custody, be available for investigations or attend court, the court may —(a) order the police officer not to release the accused on bail or on personal bond; or (b) refuse to release the accused, whether on bail, on personal bond, or on bail and on personal bond.[19/2018] (3C) Where —(a) a State Court orders the release on bail, on personal bond, or on bail and on personal bond, of a person accused of a non‑bailable offence; and (b) the prosecution applies to the State Court to stay execution on the order pending a review of the order by the General Division of the High Court, the State Court must stay execution on the order pending a review of the order. [19/2018; 40/2019] (4) A police officer or a court releasing any person under this section must record in writing the reasons for so doing. (5) Any court may at any subsequent stage of any proceeding under this Code cause any person who has been released under this section to be arrested and may commit the person to prison.[Act 5 of 2024 wef 01/08/2024] —(1) Subject to section 95(1), if any person accused of any non‑bailable offence is arrested or detained without warrant by a police officer, or appears or is brought before a court, the person may be released on bail by a police officer of or above the rank of sergeant or by the court. (1A) Despite subsection (1), the court may at any stage of the proceedings, instead of releasing the accused on bail, release the accused on his or her own personal bond if —(a) the non-bailable offence for which the accused is being released on personal bond is an offence punishable with imprisonment for not more than 7 years; and (b) the prosecution consents to the release of the accused on personal bond.[Act 5 of 2024 wef 01/08/2024] (1B) The prosecution may at any stage of the proceedings indicate to the court that it is withdrawing the consent mentioned in subsection (1A)(b), and where the consent is so withdrawn, the court must —(a) revoke the order for release on personal bond mentioned in subsection (1A); and (b) consider whether to release the accused on bail.[Act 5 of 2024 wef 01/08/2024] (1C) Despite subsection (1), a police officer of or above the rank of sergeant may, instead of releasing the accused on bail, release the accused on his or her own personal bond if the non‑bailable offence for which the accused is being released on personal bond is an offence punishable with imprisonment for not more than 7 years.[Act 5 of 2024 wef 01/08/2024] (1D) To avoid doubt, subsections (1A) and (1C) do not apply where the non‑bailable offence mentioned in those subsections is an offence punishable with imprisonment for more than 7 years due to the application of an enhanced penalty provision under any written law.[Act 5 of 2024 wef 01/08/2024] Illustration A is charged under section 324 read with section 74A of the Penal Code 1871 for voluntarily causing hurt by dangerous weapons or means to a vulnerable person. As the maximum penalty for an offence under section 324 read with section 74A of the Penal Code 1871 is 14 years’ imprisonment, A is not eligible to be released on his or her own personal bond under this section. [Act 5 of 2024 wef 01/08/2024] (2) Subject to section 95(1), if, at any stage of an investigation, inquiry, trial or other proceeding under this Code, there are no reasonable grounds for believing that the accused has committed a non‑bailable offence, the police officer or court must release the accused. (3) Despite subsection (2), if there are grounds for further investigations as to whether the accused has committed some other bailable offence, then, pending the investigations, the accused must be released on bail or, at the discretion of the police officer or court, on his or her own personal bond. (3A) Despite subsections (2) and (3), the court may, instead of releasing the accused on bail or on the accused’s own personal bond, release the accused on bail and on personal bond by requiring the accused to sign a personal bond without sureties, in addition to taking bail from the accused.[19/2018] (3B) Despite subsections (2), (3) and (3A), where there are grounds for further investigations as to whether the accused has committed a bailable offence that is not a fine‑only offence, and a court believes, on any ground prescribed in the Criminal Procedure Rules, that the accused, if released, will not surrender to custody, be available for investigations or attend court, the court may —(a) order the police officer not to release the accused on bail or on personal bond; or (b) refuse to release the accused, whether on bail, on personal bond, or on bail and on personal bond.[19/2018] (3C) Where —(a) a State Court orders the release on bail, on personal bond, or on bail and on personal bond, of a person accused of a non‑bailable offence; and (b) the prosecution applies to the State Court to stay execution on the order pending a review of the order by the General Division of the High Court, the State Court must stay execution on the order pending a review of the order. [19/2018; 40/2019] (4) A police officer or a court releasing any person under this section must record in writing the reasons for so doing. (5) Any court may at any subsequent stage of any proceeding under this Code cause any person who has been released under this section to be arrested and may commit the person to prison.[Act 5 of 2024 wef 01/08/2024]
Conditions of bail or personal bond
94.—(1) All of the following conditions are imposed when a police officer or the court grants bail or releases the accused on personal bond under section 92 or 93, unless the police officer or the court (as the case may be) specifies otherwise:(a) the accused must surrender the accused’s travel document; (b) the accused must surrender to custody, be available for investigations, or attend court, on the day and at the time and place appointed for the accused to do so, as the case may be; (c) the accused must not commit any offence while released on bail or on personal bond; (d) the accused must not interfere with any witness or otherwise obstruct the course of justice, whether in relation to the accused or in relation to any other person; (e) in the case of bail — any person offered as surety for an accused in a criminal matter must not be a co‑accused in the same matter.[19/2018] (1A) Despite subsection (1), where the court releases an accused on his or her own personal bond under section 93(1A), the court must impose any condition (whether or not mentioned in subsection (1)) specified by the prosecution for the accused to be released on personal bond.[Act 5 of 2024 wef 01/08/2024] (2) A police officer or the court may impose such other conditions as are necessary when granting bail or releasing the accused on personal bond under section 92 or 93.[19/2018] (3) The conditions that may be imposed in relation to an accused under subsection (2) include a requirement for the electronic monitoring of the accused’s whereabouts.[19/2018] (4) However, if the prosecution applies to a police officer or the court to impose under subsection (2) the requirement under subsection (3), the police officer or court must do so.[19/2018] —(1) All of the following conditions are imposed when a police officer or the court grants bail or releases the accused on personal bond under section 92 or 93, unless the police officer or the court (as the case may be) specifies otherwise:(a) the accused must surrender the accused’s travel document; (b) the accused must surrender to custody, be available for investigations, or attend court, on the day and at the time and place appointed for the accused to do so, as the case may be; (c) the accused must not commit any offence while released on bail or on personal bond; (d) the accused must not interfere with any witness or otherwise obstruct the course of justice, whether in relation to the accused or in relation to any other person; (e) in the case of bail — any person offered as surety for an accused in a criminal matter must not be a co‑accused in the same matter.[19/2018] (1A) Despite subsection (1), where the court releases an accused on his or her own personal bond under section 93(1A), the court must impose any condition (whether or not mentioned in subsection (1)) specified by the prosecution for the accused to be released on personal bond.[Act 5 of 2024 wef 01/08/2024] (2) A police officer or the court may impose such other conditions as are necessary when granting bail or releasing the accused on personal bond under section 92 or 93.[19/2018] (3) The conditions that may be imposed in relation to an accused under subsection (2) include a requirement for the electronic monitoring of the accused’s whereabouts.[19/2018] (4) However, if the prosecution applies to a police officer or the court to impose under subsection (2) the requirement under subsection (3), the police officer or court must do so.[19/2018]
Exceptions to bail or release on personal bond
95.—(1) An accused must not be released on bail or on personal bond if —(a) the accused is charged for an offence punishable with death or imprisonment for life; (b) the accused is accused of any non-bailable offence, and the court believes, on any ground prescribed in the Criminal Procedure Rules, that the accused, if released, will not surrender to custody, be available for investigations or attend court; or (c) the accused has been arrested or taken into custody under a warrant issued under section 12 or 34 of the Extradition Act 1968 or endorsed under section 33 of that Act.[19/2018] (2) Despite subsection (1), the court may —(a) direct that any juvenile or any sick or infirm person accused of such an offence be released on bail; (b) release on bail an accused charged with an offence mentioned in subsection (1)(a), if —(i) the offence is also punishable with an alternative punishment other than death or life imprisonment; and (ii) the offence is to be tried before a District Court or a Magistrate’s Court; or (c) release on bail an accused who has been arrested or taken into custody under a warrant mentioned in subsection (1)(c), if the conditions prescribed in the Criminal Procedure Rules for such release are satisfied.[19/2018] (3) In this section, “accused” includes a “fugitive” as defined in the Extradition Act 1968. —(1) An accused must not be released on bail or on personal bond if —(a) the accused is charged for an offence punishable with death or imprisonment for life; (b) the accused is accused of any non-bailable offence, and the court believes, on any ground prescribed in the Criminal Procedure Rules, that the accused, if released, will not surrender to custody, be available for investigations or attend court; or (c) the accused has been arrested or taken into custody under a warrant issued under section 12 or 34 of the Extradition Act 1968 or endorsed under section 33 of that Act.[19/2018] (2) Despite subsection (1), the court may —(a) direct that any juvenile or any sick or infirm person accused of such an offence be released on bail; (b) release on bail an accused charged with an offence mentioned in subsection (1)(a), if —(i) the offence is also punishable with an alternative punishment other than death or life imprisonment; and (ii) the offence is to be tried before a District Court or a Magistrate’s Court; or (c) release on bail an accused who has been arrested or taken into custody under a warrant mentioned in subsection (1)(c), if the conditions prescribed in the Criminal Procedure Rules for such release are satisfied.[19/2018] (3) In this section, “accused” includes a “fugitive” as defined in the Extradition Act 1968.
Amount of bond
96. The amount of every bond executed under this Division must be fixed with due regard to the circumstances of the case as being sufficient to secure the attendance of the person arrested or charged.
Powers of General Division of High Court regarding bail
97.—(1) Subject to section 95(1) and subsection (2), at any stage of any proceeding under this Code, the General Division of the High Court may —(a) release any accused before the General Division of the High Court on bail, on personal bond, or on bail and on personal bond; (b) vary the amount or conditions of the bail or personal bond required by a police officer or a State Court, or impose such other conditions for the bail or personal bond as the General Division of the High Court thinks fit; (c) where a State Court orders the release of a person on bail, on personal bond, or on bail and on personal bond, stay execution on the order pending a review of the order by the General Division of the High Court; or (d) direct that any person who has been released on bail, on personal bond, or on bail and on personal bond, under this Division be arrested, and commit that person to custody.[19/2018; 40/2019] (2) Where —(a) a State Court orders the release on bail, on personal bond, or on bail and on personal bond, of a person accused of a non‑bailable offence; and (b) the prosecution applies to the General Division of the High Court to stay execution on the order pending a review of the order by the General Division of the High Court, the General Division of the High Court must stay execution on the order pending a review of the order. [19/2018; 40/2019] —(1) Subject to section 95(1) and subsection (2), at any stage of any proceeding under this Code, the General Division of the High Court may —(a) release any accused before the General Division of the High Court on bail, on personal bond, or on bail and on personal bond; (b) vary the amount or conditions of the bail or personal bond required by a police officer or a State Court, or impose such other conditions for the bail or personal bond as the General Division of the High Court thinks fit; (c) where a State Court orders the release of a person on bail, on personal bond, or on bail and on personal bond, stay execution on the order pending a review of the order by the General Division of the High Court; or (d) direct that any person who has been released on bail, on personal bond, or on bail and on personal bond, under this Division be arrested, and commit that person to custody.[19/2018; 40/2019] (2) Where —(a) a State Court orders the release on bail, on personal bond, or on bail and on personal bond, of a person accused of a non‑bailable offence; and (b) the prosecution applies to the General Division of the High Court to stay execution on the order pending a review of the order by the General Division of the High Court, the General Division of the High Court must stay execution on the order pending a review of the order. [19/2018; 40/2019]
Application for bail or release on personal bond in General Division of High Court
98.—(1) An application to the General Division of the High Court for bail or release on personal bond must, unless otherwise ordered, be supported by an affidavit stating sufficient facts to enable the court to determine whether or not such bail or release should be granted.[40/2019] (2) If the court orders that the accused or prisoner be granted bail or released on personal bond, the order must be drawn up with a direction that a warrant be issued to bring the accused or the prisoner before the court for the purpose of being bailed or released. —(1) An application to the General Division of the High Court for bail or release on personal bond must, unless otherwise ordered, be supported by an affidavit stating sufficient facts to enable the court to determine whether or not such bail or release should be granted.[40/2019] (2) If the court orders that the accused or prisoner be granted bail or released on personal bond, the order must be drawn up with a direction that a warrant be issued to bring the accused or the prisoner before the court for the purpose of being bailed or released.
Bond to be executed
99.—(1) Before any person is released on his or her personal bond under this Division, a bond for such sum of money as the police officer or court thinks sufficient must be executed by the person.(2) When a person is released on bail, the bond must be executed by one or more sufficient sureties, on condition that the released person attends on the date and at the time and place mentioned in the bond, and must continue to attend until otherwise directed by the police officer or court, as the case may be. (3) The bond may also bind the released person to appear when called on at any court to answer the charge. (4) The bond is subject to the further condition that as long as it remains in force, the released person must not leave Singapore without the permission of the police officer or the court. (5) Such permission, if granted, must be evidenced by an endorsement on the bond specifying for how long and the place to which the permission applies. (6) Such permission may be granted only on the personal application of the released person in the presence of his or her surety or sureties, if any. —(1) Before any person is released on his or her personal bond under this Division, a bond for such sum of money as the police officer or court thinks sufficient must be executed by the person. (2) When a person is released on bail, the bond must be executed by one or more sufficient sureties, on condition that the released person attends on the date and at the time and place mentioned in the bond, and must continue to attend until otherwise directed by the police officer or court, as the case may be. (3) The bond may also bind the released person to appear when called on at any court to answer the charge. (4) The bond is subject to the further condition that as long as it remains in force, the released person must not leave Singapore without the permission of the police officer or the court. (5) Such permission, if granted, must be evidenced by an endorsement on the bond specifying for how long and the place to which the permission applies. (6) Such permission may be granted only on the personal application of the released person in the presence of his or her surety or sureties, if any.
Person to be released
100.—(1) As soon as the bond has been executed, the person for whose appearance it has been executed must be released.(2) If the person is in prison, the court must issue an order of release to the officer in charge of the prison, and the officer must release him or her on receiving the order. (3) A person must not be released under this section or section 92 or 93 if the person is liable to be detained for a different matter than that for which the bond is executed. —(1) As soon as the bond has been executed, the person for whose appearance it has been executed must be released. (2) If the person is in prison, the court must issue an order of release to the officer in charge of the prison, and the officer must release him or her on receiving the order. (3) A person must not be released under this section or section 92 or 93 if the person is liable to be detained for a different matter than that for which the bond is executed.
Released person to give address for service
101.—(1) A released person must give the court or officer releasing him or her an address where he or she can be served with any notice or process.(2) If the released person cannot be found or the notice or process cannot be served on him or her for any other reason, any notice or process left for him or her at the address given is treated as duly served on him or her. —(1) A released person must give the court or officer releasing him or her an address where he or she can be served with any notice or process. (2) If the released person cannot be found or the notice or process cannot be served on him or her for any other reason, any notice or process left for him or her at the address given is treated as duly served on him or her.
Withdrawal, change of conditions, etc., of bail
102.—(1) If a court has granted bail to a released person and it is shown that —(a) there has been a material change of circumstances; or (b) new facts have since come to light, the court may vary the conditions of the bail or personal bond, or impose further conditions for the bail or the personal bond, or cause the released person to be arrested and may commit him or her to custody. (2) If, through mistake, fraud or otherwise, insufficient sureties have been accepted or if they afterwards become insufficient, a court may issue an arrest warrant directing that the released person be brought before it and may order him or her to provide sufficient sureties. (3) If the released person fails to provide sufficient sureties, the court may commit him or her to custody. —(1) If a court has granted bail to a released person and it is shown that —(a) there has been a material change of circumstances; or (b) new facts have since come to light, the court may vary the conditions of the bail or personal bond, or impose further conditions for the bail or the personal bond, or cause the released person to be arrested and may commit him or her to custody. (2) If, through mistake, fraud or otherwise, insufficient sureties have been accepted or if they afterwards become insufficient, a court may issue an arrest warrant directing that the released person be brought before it and may order him or her to provide sufficient sureties. (3) If the released person fails to provide sufficient sureties, the court may commit him or her to custody.
Absconding or breaking conditions of bail or personal bond, etc.
103.—(1) If a released person under a duty to surrender to custody, or to make himself or herself available for investigations or to attend court, does not do so, he or she may be arrested without a warrant.[19/2018] (2) If a released person leaves the court at any time after he or she has surrendered into its custody or after he or she has attended court on the day and at the time appointed for him or her to do so, and before the court is ready to begin or to resume the hearing of the proceedings, the court may issue a warrant for his or her arrest. (3) A released person under a duty to surrender to custody, or to make himself or herself available for investigations or to attend court on the day and at the time and place appointed for him or her to do so, may be arrested without a warrant if —(a) there are reasonable grounds for believing that he or she is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court; (b) there are reasonable grounds for believing that he or she is likely to break or has broken any of the conditions of his or her bail or personal bond; or (c) any of his or her sureties informs the police or court that the person is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court and that the surety therefore wishes to be relieved of his or her obligations as a surety. (4) When such a person is brought before the court pursuant to an arrest under this section and the court thinks that the person —(a) is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court; or (b) has broken or is likely to break any conditions of his or her bail or personal bond, the court may remand the person in custody or grant him or her bail subject to such conditions as it thinks fit. (5) A released person shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both, if the released person knowingly, and without reasonable excuse, fails to comply with any duty imposed on the released person —(a) to surrender to custody; (b) to be available for investigations; or (c) to attend court on the day and at the time and place appointed for the released person to do so.[19/2018] (6) For the purposes of subsection (5), a released person is presumed, until the contrary is proved, to have no reasonable excuse if —(a) on or before the date of the failure to comply with the duty, the released person left Singapore without the permission of a police officer or the court (as the case may be) and has not returned to Singapore; or (b) on the date of the failure to comply with the duty, the released person, being outside Singapore, remains outside Singapore without the permission of the police officer or the court, as the case may be.[19/2018] —(1) If a released person under a duty to surrender to custody, or to make himself or herself available for investigations or to attend court, does not do so, he or she may be arrested without a warrant.[19/2018] (2) If a released person leaves the court at any time after he or she has surrendered into its custody or after he or she has attended court on the day and at the time appointed for him or her to do so, and before the court is ready to begin or to resume the hearing of the proceedings, the court may issue a warrant for his or her arrest. (3) A released person under a duty to surrender to custody, or to make himself or herself available for investigations or to attend court on the day and at the time and place appointed for him or her to do so, may be arrested without a warrant if —(a) there are reasonable grounds for believing that he or she is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court; (b) there are reasonable grounds for believing that he or she is likely to break or has broken any of the conditions of his or her bail or personal bond; or (c) any of his or her sureties informs the police or court that the person is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court and that the surety therefore wishes to be relieved of his or her obligations as a surety. (4) When such a person is brought before the court pursuant to an arrest under this section and the court thinks that the person —(a) is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court; or (b) has broken or is likely to break any conditions of his or her bail or personal bond, the court may remand the person in custody or grant him or her bail subject to such conditions as it thinks fit. (5) A released person shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both, if the released person knowingly, and without reasonable excuse, fails to comply with any duty imposed on the released person —(a) to surrender to custody; (b) to be available for investigations; or (c) to attend court on the day and at the time and place appointed for the released person to do so.[19/2018] (6) For the purposes of subsection (5), a released person is presumed, until the contrary is proved, to have no reasonable excuse if —(a) on or before the date of the failure to comply with the duty, the released person left Singapore without the permission of a police officer or the court (as the case may be) and has not returned to Singapore; or (b) on the date of the failure to comply with the duty, the released person, being outside Singapore, remains outside Singapore without the permission of the police officer or the court, as the case may be.[19/2018]
Duties of surety
104. A surety must —(a) ensure that the released person surrenders to custody, or makes himself or herself available for investigations or attends court on the day and at the time and place appointed for him or her to do so; (b) keep in daily communication with the released person and lodge a police report within 24 hours of losing contact with him or her; and (c) ensure that the released person is within Singapore unless the released person has been permitted by the police officer mentioned in section 92 or 93 (as the case may be) or the court to leave Singapore.
Surety may apply to have bond discharged
105.—(1) A surety may at any time apply to the court to discharge the bond as far as it relates to him or her.(2) On receiving such an application, the court may issue an arrest warrant directing that the released person be produced before it. (3) When the released person appears in court under the warrant or voluntarily, the court must direct that the bond be discharged wholly or so far as it relates to the applicant and must call on the released person to provide other sufficient sureties. (4) A surety may arrest the person for whom he or she stood surety and immediately bring the person before a court, and the court must then discharge the surety’s bond and call on the released person to provide other sufficient sureties. (5) If a released person fails to provide other sufficient sureties when called on to do so under subsection (3) or (4), the court must commit him or her to custody. —(1) A surety may at any time apply to the court to discharge the bond as far as it relates to him or her. (2) On receiving such an application, the court may issue an arrest warrant directing that the released person be produced before it. (3) When the released person appears in court under the warrant or voluntarily, the court must direct that the bond be discharged wholly or so far as it relates to the applicant and must call on the released person to provide other sufficient sureties. (4) A surety may arrest the person for whom he or she stood surety and immediately bring the person before a court, and the court must then discharge the surety’s bond and call on the released person to provide other sufficient sureties. (5) If a released person fails to provide other sufficient sureties when called on to do so under subsection (3) or (4), the court must commit him or her to custody.
Security instead of surety
106. When a court or police officer requires a person to sign a bond with one or more sureties, the court or officer may (except in the case of a bond for good behaviour) instead permit the person to enter into his or her own personal bond and provide security acceptable to the court or officer.
Prohibition against agreements to indemnify surety, etc.
106A.—(1) Any agreement (whether made before, on or after 31 October 2018) indemnifying or purporting to indemnify any person against any liability which that person may incur as a surety to a bail bond is void.[19/2018] (2) Any person who, on or after 31 October 2018, knowingly enters into an agreement mentioned in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both.[19/2018] (3) An offence under subsection (2) is committed —(a) whether the agreement is entered into before or after the person to be indemnified becomes a surety; (b) whether or not the person to be indemnified becomes a surety; and (c) whether the agreement contemplates compensation in money or money’s worth.[19/2018] —(1) Any agreement (whether made before, on or after 31 October 2018) indemnifying or purporting to indemnify any person against any liability which that person may incur as a surety to a bail bond is void.[19/2018] (2) Any person who, on or after 31 October 2018, knowingly enters into an agreement mentioned in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both.[19/2018] (3) An offence under subsection (2) is committed —(a) whether the agreement is entered into before or after the person to be indemnified becomes a surety; (b) whether or not the person to be indemnified becomes a surety; and (c) whether the agreement contemplates compensation in money or money’s worth.[19/2018]
Procedure for forfeiture of bond without sureties
107.—(1) This section provides for the forfeiture of the following bonds:(a) a personal bond without sureties; (b) a bond without sureties to keep the peace; (c) a bond without sureties for good behaviour.[14/2019] (2) If it is proved to a court’s satisfaction that —(a) the released person bound by a bond mentioned in subsection (1)(a) has, without reasonable excuse, failed to comply with any duty imposed on the released person to surrender to custody, to be available for investigations, or to attend court on the day and at the time and place appointed for the released person to do so; (b) the person bound by a bond mentioned in subsection (1)(b) has, without reasonable excuse, failed to keep the peace; or (c) the person bound by a bond mentioned in subsection (1)(c) has failed to be of good behaviour, the court — (d) must record the basis of such proof; (e) must forfeit the bond; (f) may summon before the court that relevant person; (g) may call upon that relevant person to pay a sum, being the whole or any part of the amount of the bond, or to explain why that sum should not be paid; and (h) may order that the sum mentioned in paragraph (g) be paid by instalments.[14/2019] (3) If the explanation mentioned in subsection (2)(g) is inadequate, and the sum mentioned in subsection (2)(g) is not paid in full, the court may recover the amount unpaid by issuing an order for the attachment of any property, movable or immovable, belonging to the relevant person.[14/2019] (4) The attachment of any property under subsection (3) may be carried out —(a) by seizure of such property, which may be sold and the proceeds applied towards the payment of the amount; or (b) by appointing a receiver, who may take possession of and sell such property, and apply the proceeds towards the payment of the amount.[14/2019] (5) If immovable property attached under subsection (3) is sold, the officer under whose direction the attachment and sale was carried out may do any thing or act to transfer the title to the purchaser.[14/2019] (6) If the sum mentioned in subsection (2)(g) is not paid in full or cannot be fully recovered by such attachment and sale, the court may commit to prison the relevant person for a term not exceeding 12 months.[14/2019] (7) Any person may, not later than 7 days after the date any property is seized under subsection (4)(a) or taken possession of by the receiver under subsection (4)(b) (as the case may be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (3), and the court may make such order as it sees fit.[14/2019] (8) Any unsatisfied part of the sum mentioned in subsection (2)(g) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such.[14/2019] (9) The court may, on the application of a relevant person at any time after the relevant person is called upon to pay the sum mentioned in subsection (2)(g), reduce that sum and enforce part‑payment only.[14/2019] (10) In this section, “relevant person” means —(a) the released person bound by a bond mentioned in subsection (1)(a); (b) the person bound by a bond mentioned in subsection (1)(b); or (c) the person bound by a bond mentioned in subsection (1)(c).[14/2019] —(1) This section provides for the forfeiture of the following bonds:(a) a personal bond without sureties; (b) a bond without sureties to keep the peace; (c) a bond without sureties for good behaviour.[14/2019] (2) If it is proved to a court’s satisfaction that —(a) the released person bound by a bond mentioned in subsection (1)(a) has, without reasonable excuse, failed to comply with any duty imposed on the released person to surrender to custody, to be available for investigations, or to attend court on the day and at the time and place appointed for the released person to do so; (b) the person bound by a bond mentioned in subsection (1)(b) has, without reasonable excuse, failed to keep the peace; or (c) the person bound by a bond mentioned in subsection (1)(c) has failed to be of good behaviour, the court — (d) must record the basis of such proof; (e) must forfeit the bond; (f) may summon before the court that relevant person; (g) may call upon that relevant person to pay a sum, being the whole or any part of the amount of the bond, or to explain why that sum should not be paid; and (h) may order that the sum mentioned in paragraph (g) be paid by instalments.[14/2019] (3) If the explanation mentioned in subsection (2)(g) is inadequate, and the sum mentioned in subsection (2)(g) is not paid in full, the court may recover the amount unpaid by issuing an order for the attachment of any property, movable or immovable, belonging to the relevant person.[14/2019] (4) The attachment of any property under subsection (3) may be carried out —(a) by seizure of such property, which may be sold and the proceeds applied towards the payment of the amount; or (b) by appointing a receiver, who may take possession of and sell such property, and apply the proceeds towards the payment of the amount.[14/2019] (5) If immovable property attached under subsection (3) is sold, the officer under whose direction the attachment and sale was carried out may do any thing or act to transfer the title to the purchaser.[14/2019] (6) If the sum mentioned in subsection (2)(g) is not paid in full or cannot be fully recovered by such attachment and sale, the court may commit to prison the relevant person for a term not exceeding 12 months.[14/2019] (7) Any person may, not later than 7 days after the date any property is seized under subsection (4)(a) or taken possession of by the receiver under subsection (4)(b) (as the case may be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (3), and the court may make such order as it sees fit.[14/2019] (8) Any unsatisfied part of the sum mentioned in subsection (2)(g) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such.[14/2019] (9) The court may, on the application of a relevant person at any time after the relevant person is called upon to pay the sum mentioned in subsection (2)(g), reduce that sum and enforce part‑payment only.[14/2019] (10) In this section, “relevant person” means —(a) the released person bound by a bond mentioned in subsection (1)(a); (b) the person bound by a bond mentioned in subsection (1)(b); or (c) the person bound by a bond mentioned in subsection (1)(c).[14/2019]
Procedure for forfeiture of bond with sureties
107A.—(1) This section provides for the forfeiture of the following bonds:(a) a bond with one or more sureties; (b) a bond with sureties to keep the peace; (c) a bond with sureties for good behaviour.[14/2019] (2) If it is proved to a court’s satisfaction that —(a) the released person for whose appearance a bond mentioned in subsection (1)(a) was executed has, without reasonable excuse, failed to comply with any duty imposed on the released person to surrender to custody, to be available for investigations, or to attend court on the day and at the time and place appointed for the released person to do so; (b) the person bound by a bond mentioned in subsection (1)(b) has, without reasonable excuse, failed to keep the peace; or (c) the person bound by a bond mentioned in subsection (1)(c) has failed to be of good behaviour, the court — (d) must record the basis of such proof; (e) must forfeit the bond, as far as it relates to the relevant person; (f) may summon before the court each person bound by the bond; (g) may call upon each surety bound by the bond to explain why the bond, as far as it relates to that surety, should not be forfeited; and (h) may call upon the relevant person to pay a sum, being the whole or any part of the amount of the bond, or to explain why the relevant person should not pay that sum.[14/2019] (3) If the explanation given by a surety is inadequate, and it is proved to the court’s satisfaction that —(a) in relation to a bond mentioned in subsection (1)(a), the surety is in breach of any of the surety’s duties mentioned in section 104; (b) in relation to a bond mentioned in subsection (1)(b), the surety has, without reasonable excuse, failed to ensure that the relevant person keeps the peace; or (c) in relation to a bond mentioned in subsection (1)(c), the surety has, without reasonable excuse, failed to ensure that the relevant person is of good behaviour, the court — (d) must record the basis of such proof; and (e) may, having regard to all the circumstances of the case —(i) forfeit the whole or any part of the amount of the bond, as far as it relates to the surety; and (ii) order the surety to pay the amount forfeited.[14/2019] (4) The court may order that any sum or amount mentioned in subsection (2)(h) or (3)(e) be paid by instalments.[14/2019] (5) If the court calls upon the relevant person to pay the sum mentioned in subsection (2)(h), or to explain why the relevant person should not pay that sum, section 107(3) to (9) applies to the relevant person as it applies to a relevant person as defined in section 107(10).[14/2019] (6) If any amount forfeited under subsection (3)(e) is not paid in full, the court may recover the amount unpaid by issuing an order for the attachment of any property, movable or immovable, belonging to the surety.[14/2019] (7) The attachment of any property under subsection (6) may be carried out —(a) by seizure of the property, which may be sold and the proceeds applied towards the payment of the amount forfeited; or (b) by appointing a receiver, who may take possession of and sell the property, and apply the proceeds towards the payment of the amount forfeited.[14/2019] (8) If immovable property attached under subsection (6) is sold, the officer under whose direction the attachment and sale was carried out may do any thing or act to transfer the title to the purchaser.[14/2019] (9) If the amount forfeited under subsection (3)(e) is not paid in full or cannot be fully recovered by such attachment and sale, the court may commit to prison the surety for a term not exceeding 12 months.[14/2019] (10) Any person may, not later than 7 days after the date any property is seized under subsection (7)(a) or taken possession of by the receiver under subsection (7)(b) (as the case may be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (6), and the court may make such order as it sees fit.[14/2019] (11) Any unsatisfied part of the amount forfeited under subsection (3)(e) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such.[14/2019] (12) The court may, on the application of a surety at any time after the surety is ordered to pay the amount forfeited under subsection (3)(e), reduce that amount and enforce part‑payment only.[14/2019] (13) In this section, “relevant person” means —(a) the released person for whose appearance a bond mentioned in subsection (1)(a) is executed; (b) the person bound by a bond mentioned in subsection (1)(b); or (c) the person bound by a bond mentioned in subsection (1)(c).[14/2019] —(1) This section provides for the forfeiture of the following bonds:(a) a bond with one or more sureties; (b) a bond with sureties to keep the peace; (c) a bond with sureties for good behaviour.[14/2019] (2) If it is proved to a court’s satisfaction that —(a) the released person for whose appearance a bond mentioned in subsection (1)(a) was executed has, without reasonable excuse, failed to comply with any duty imposed on the released person to surrender to custody, to be available for investigations, or to attend court on the day and at the time and place appointed for the released person to do so; (b) the person bound by a bond mentioned in subsection (1)(b) has, without reasonable excuse, failed to keep the peace; or (c) the person bound by a bond mentioned in subsection (1)(c) has failed to be of good behaviour, the court — (d) must record the basis of such proof; (e) must forfeit the bond, as far as it relates to the relevant person; (f) may summon before the court each person bound by the bond; (g) may call upon each surety bound by the bond to explain why the bond, as far as it relates to that surety, should not be forfeited; and (h) may call upon the relevant person to pay a sum, being the whole or any part of the amount of the bond, or to explain why the relevant person should not pay that sum.[14/2019] (3) If the explanation given by a surety is inadequate, and it is proved to the court’s satisfaction that —(a) in relation to a bond mentioned in subsection (1)(a), the surety is in breach of any of the surety’s duties mentioned in section 104; (b) in relation to a bond mentioned in subsection (1)(b), the surety has, without reasonable excuse, failed to ensure that the relevant person keeps the peace; or (c) in relation to a bond mentioned in subsection (1)(c), the surety has, without reasonable excuse, failed to ensure that the relevant person is of good behaviour, the court — (d) must record the basis of such proof; and (e) may, having regard to all the circumstances of the case —(i) forfeit the whole or any part of the amount of the bond, as far as it relates to the surety; and (ii) order the surety to pay the amount forfeited.[14/2019] (4) The court may order that any sum or amount mentioned in subsection (2)(h) or (3)(e) be paid by instalments.[14/2019] (5) If the court calls upon the relevant person to pay the sum mentioned in subsection (2)(h), or to explain why the relevant person should not pay that sum, section 107(3) to (9) applies to the relevant person as it applies to a relevant person as defined in section 107(10).[14/2019] (6) If any amount forfeited under subsection (3)(e) is not paid in full, the court may recover the amount unpaid by issuing an order for the attachment of any property, movable or immovable, belonging to the surety.[14/2019] (7) The attachment of any property under subsection (6) may be carried out —(a) by seizure of the property, which may be sold and the proceeds applied towards the payment of the amount forfeited; or (b) by appointing a receiver, who may take possession of and sell the property, and apply the proceeds towards the payment of the amount forfeited.[14/2019] (8) If immovable property attached under subsection (6) is sold, the officer under whose direction the attachment and sale was carried out may do any thing or act to transfer the title to the purchaser.[14/2019] (9) If the amount forfeited under subsection (3)(e) is not paid in full or cannot be fully recovered by such attachment and sale, the court may commit to prison the surety for a term not exceeding 12 months.[14/2019] (10) Any person may, not later than 7 days after the date any property is seized under subsection (7)(a) or taken possession of by the receiver under subsection (7)(b) (as the case may be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (6), and the court may make such order as it sees fit.[14/2019] (11) Any unsatisfied part of the amount forfeited under subsection (3)(e) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such.[14/2019] (12) The court may, on the application of a surety at any time after the surety is ordered to pay the amount forfeited under subsection (3)(e), reduce that amount and enforce part‑payment only.[14/2019] (13) In this section, “relevant person” means —(a) the released person for whose appearance a bond mentioned in subsection (1)(a) is executed; (b) the person bound by a bond mentioned in subsection (1)(b); or (c) the person bound by a bond mentioned in subsection (1)(c).[14/2019]
Appeal from orders
108. Every order made under section 107 or 107A by any Magistrate’s Court or District Court is appealable.[19/2018]
Power to direct levy of amount due on bond
109. The General Division of the High Court or a District Court may direct any Magistrate’s Court to exercise the court’s power of forfeiture under section 107 or 107A in respect of a bond to appear before the General Division of the High Court or District Court.[19/2018; 40/2019]
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.