Appointment of Presiding Judge of Family Justice Courts
Open ↗12.—(1) For the purposes of the administration of this Act, the President may, on the recommendation of the Chief Justice, appoint a Supreme Court Judge or a Judicial Commissioner to be the Presiding Judge of the Family Justice Courts for such period as the Chief Justice may recommend.[40/2019]
(2) Despite any other written law, the Presiding Judge of the Family Justice Courts may sit in any Family Court or Youth Court and act as a judge thereof, in which case he or she has all the jurisdiction, power and privileges of such a judge.
(3) A Supreme Court Judge or a Judicial Commissioner may, during the period of his or her appointment as the Presiding Judge of the Family Justice Courts, continue to sit in the General Division of the High Court, the Appellate Division of the High Court or the Court of Appeal in accordance with the Constitution.[40/2019]
(4) Any person appointed to be the Presiding Judge of the Family Justice Courts must, although the period of his or her appointment as such has expired or his or her appointment as such has been revoked, in relation to any case heard by him or her as a judge of a Family Court or Youth Court, continue to sit as such a judge for the purpose of giving judgment or otherwise.
Designation of judges of Family Courts
Open ↗13.—(1) A Family Court is presided over by a District Judge, or a Magistrate, who is designated by the Chief Justice as a judge of the Family Court.
(2) A person is designated as a judge of the Family Court for such period as the Chief Justice may determine.
(3) Any person designated as a judge of the Family Court must, although the period of his or her designation as such has expired or his or her designation as such has been revoked, in relation to any case heard by him or her as a judge of a Family Court, continue to sit as such a judge for the purpose of giving judgment or otherwise.
Designation of judges of Youth Courts
Open ↗14.—(1) A Youth Court is presided over by a District Judge, or a Magistrate, who is designated by the Chief Justice as a judge of the Youth Court.
(2) A person is designated as a judge of the Youth Court for such period as the Chief Justice may determine.
(3) Any person designated as a judge of the Youth Court must, although the period of his or her designation as such has expired or his or her designation as such has been revoked, in relation to any case heard by him or her as a judge of a Youth Court, continue to sit as such a judge for the purpose of giving judgment or otherwise.
Appointments and qualifications of registrar, deputy registrar and assistant registrars
Open ↗15.—(1) The President may, on the recommendation of the Chief Justice, appoint a registrar, a deputy registrar and assistant registrars of the Family Justice Courts.
(2) A person must not be appointed to be or to act as the registrar, the deputy registrar or an assistant registrar unless he or she is a qualified person as defined in section 2 of the Legal Profession Act 1966.
(3) The registrar, deputy registrar and assistant registrars are ex officio commissioners for oaths.
Jurisdiction, powers and duties of registrar, deputy registrar and assistant registrars
Open ↗16.—(1) The registrar, deputy registrar and assistant registrars of the Family Justice Courts have, subject to this Act and any other written law, such jurisdiction, powers and duties as may be prescribed by the Family Justice Rules or, prior to their enactment, the Rules of Court.
(2) Subject to this Act and any other written law, all powers and duties conferred and imposed on the registrar, whether by this Act or any other written law, may be exercised and performed by the deputy registrar or any assistant registrar.
Officers of Family Justice Courts
Open ↗17. There are to be attached to the Family Justice Courts such commissioners for oaths, interpreters, clerks, bailiffs, process servers, counsellors, social workers, psychologists and other officers as, from time to time, may appear to the Chief Justice to be necessary for the administration of justice and the due execution of all powers and duties which are vested in the Family Justice Courts.
Powers and duties of certain officers of Family Justice Courts
Open ↗18.—(1) The bailiffs and process servers must —(a)
execute all writs, summonses, warrants, orders, notices and other processes of the Family Justice Courts given to them; and
(b)
make a return of the same together with the manner of the execution thereof to the court from which the process issued.
(2) The bailiffs in executing any enforcement order for seizure and sale of property, any other enforcement order or any writ of distress may effect an entry into any building, and for that purpose (if necessary) may break open any outer or inner door or window of the building or any receptacle therein, using such force as is reasonably necessary to effect an entry.[Act 25 of 2021 wef 15/10/2024]
(3) The bailiffs must arrest and receive all such persons and property as are committed to the custody of the Family Justice Courts.
(4) The Registrar may engage any auxiliary police officer appointed under the Police Force Act 2004*, any security agency, a provider of transport and of warehousing, a valuer, an estate agent, a broker, a solicitor or any other appropriate person to assist the bailiff in the discharge of the bailiff’s duties.[Act 25 of 2021 wef 01/04/2022]
[*Updated to be consistent with the 2020 Revised Edition]
Solicitor, etc., authorised to act as bailiff
Open ↗19.—(1) Subject to such directions as may be given by the Presiding Judge of the Family Justice Courts, the Registrar may authorise a solicitor or a person employed by a solicitor to exercise the powers and perform the duties of a bailiff during such period or on such occasion as the Registrar thinks fit and subject to such terms and conditions as the Registrar may determine.
(2) Section 45(2) applies to a solicitor or person authorised under subsection (1) as it applies to an officer of the Family Justice Courts.
Oaths of officers
Open ↗20.—(1) The registrar, deputy registrar and assistant registrars of the Family Justice Courts and such other officers of the Family Justice Courts as may be required by the Chief Justice must, before exercising the functions of their respective offices, take and subscribe the appropriate oath of office set out in the First Schedule.[16/2016]
(2) The oath mentioned in subsection (1) may be taken and subscribed before the Presiding Judge of the Family Justice Courts or a Supreme Court Judge or a Judicial Commissioner.[40/2019]
(2A) To avoid doubt, where an oath of office is required to be taken and subscribed under subsection (1), a person may take and subscribe the oath by appearing before the Presiding Judge of the Family Justice Courts, a Supreme Court Judge or a Judicial Commissioner through a live video link or live television link created using a remote communication technology that allows the Presiding Judge of the Family Justice Courts, Supreme Court Judge or Judicial Commissioner (as the case may be) to —(a)
maintain visual contact and communicate with the person taking the oath, and any interpreter present, throughout the process;
(b)
confirm the identity of the person taking the oath and any interpreter present; and
(c)
verify by inspection the oath to be subscribed.[Act 25 of 2023 wef 01/12/2023]
(3) Where the oath is taken before the Presiding Judge of the Family Justice Courts, he or she must —(a)
enter in the record of the Family Justice Courts that the oath was duly administered and taken before him or her; and
(b)
transmit a certified copy of the entry to the Registrar of the Supreme Court.
Appointments and revocations to be published in Gazette
Open ↗21. All appointments and revocations made under this Part must be published in the Gazette.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
