1. This Act is the Prisons Act 1933.
Prisons Act 1933
An Act relating to prisons.
Data synced
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
PART 1 — PRELIMINARY
2. In this Act, unless the context otherwise requires —“auxiliary police officer” means a person appointed as such under Part 9 of the Police Force Act 2004;[Act 6 of 2022 wef 01/06/2026]
“basic condition”, in relation to a remission order, means the basic condition specified in section 50S;
“Cluster Commander” means a Cluster Commander of Prisons appointed under section 20;
“Commissioner” means the Commissioner of Prisons appointed under section 20;
“controlled drug” has the meaning given by section 2 of the Misuse of Drugs Act 1973;[Act 6 of 2022 wef 02/09/2022]
“Corporation” means the Singapore Corporation of Rehabilitative Enterprises established under the Singapore Corporation of Rehabilitative Enterprises Act 1975;
“default sentence” means a sentence of a term of imprisonment imposed on a person in default of the person paying a fine ordered to be paid by a court;
“Deputy Commissioner” means a Deputy Commissioner of Prisons appointed under section 20;[Act 6 of 2022 wef 02/09/2022]
“Divisional Director” means a Divisional Director of Prisons appointed under section 20;
“employment preparation”, in relation to a prisoner, means the serving by the prisoner of the prisoner’s sentence of imprisonment in the place or places, outside the limits of any prison, specified in the employment preparation order for the purposes of enhancing a prisoner’s employability and facilitating the prisoner’s reintegration into society;[Act 6 of 2022 wef 02/09/2022]
“employment preparation order” means an order of the Commissioner under section 59K;[Act 6 of 2022 wef 02/09/2022]
“external placement”, in relation to a prisoner, means the serving by the prisoner of the prisoner’s sentence in the place or places, outside the limits of any prison, specified in the external placement order;[Act 6 of 2022 wef 02/09/2022]
[Act 5 of 2024 wef 31/07/2026]
“external placement order” means an order of the Commissioner under section 59B;[Act 6 of 2022 wef 02/09/2022]
“home detention”, in relation to a prisoner, means the serving by the prisoner of the prisoner’s sentence of imprisonment in the place or places, outside the limits of any prison, specified in the home detention order for the purpose of facilitating a prisoner’s rehabilitation and reintegration into society;[Act 6 of 2022 wef 02/09/2022]
“home detention order” means an order of the Commissioner under section 52;[Act 6 of 2022 wef 02/09/2022]
“infectious disease” means any of the diseases specified in the First Schedule to the Infectious Diseases Act 1976 and includes any other disease —(a)
that is caused or is suspected to be caused by a micro‑organism or any agent of disease;
(b)
that is capable or is suspected to be capable of transmission by any means to human beings; and
(c)
that a medical officer has reason to believe, if left uninvestigated or unchecked, is likely to result in an epidemic of the disease;[Act 6 of 2022 wef 02/09/2022]
“intoxicating substance” has the meaning given by section 2 of the Intoxicating Substances Act 1987;[Act 6 of 2022 wef 02/09/2022]
“juvenile” means any person under the age of 18 years, whether convicted or not, under detention in any prison;[Act 6 of 2022 wef 30/12/2025]
“lock-up prisoner” means any person, whether convicted or not, who is confined in a lock‑up, or who is transported to, or from, a lock‑up;
“medical officer” means a medical officer appointed under section 25;
“Part 3A product” has the meaning given by section 19A of the Tobacco and Vaporisers Control Act 1993;[Act 9 of 2026 wef 01/05/2026]
“prison” means any house, building, enclosure or place, or any part thereof, declared to be a prison or reformative training centre under section 3, and includes the grounds and buildings within the prison enclosure and also the airing grounds or other grounds or buildings belonging or attached thereto and used by prisoners;
“prison officer” means any prison officer appointed under section 20 and includes the Commissioner, any Deputy Commissioner and any Superintendent;[Act 6 of 2022 wef 02/09/2022]
“prisoner” means any person, whether convicted or not, under detention in any prison or reformative training centre or subject to an external placement order, an employment preparation order, a home detention order or a release order, but does not include a person released and at large under a remission order;[Act 6 of 2022 wef 02/09/2022]
[Act 5 of 2024 wef 31/07/2026]
“psychoactive substance” has the meaning given by section 2 of the Misuse of Drugs Act 1973;[Act 12 of 2023 wef 01/06/2024]
“registered medical practitioner” means a person registered under the Medical Registration Act 1997;
“release order” means an order releasing a person on licence, made under section 50ZG;[Act 5 of 2024 wef 31/07/2026]
“remission order” means a remission order made under any provision in Part 5B;
“SEPP” means a sentence for enhanced public protection imposed by a court under section 304B of the Criminal Procedure Code 2010;[Act 5 of 2024 wef 31/07/2026]
“SPP” means a sentence for public protection imposed by a court under section 304A of the Criminal Procedure Code 2010;[Act 5 of 2024 wef 31/07/2026]
“specified psychoactive substance” has the meaning given by section 2(1) of the Tobacco and Vaporisers Control Act 1993;[Act 9 of 2026 wef 01/05/2026]
“Superintendent” means a Superintendent of Prisons appointed under section 20;
“unlawfully at large”, in relation to a person released under a remission order or release order, means a person who fails to submit himself or herself to custody or detention after being required to do so under any written law, or who escapes from such custody or detention;[Act 5 of 2024 wef 31/07/2026]
“Visiting Justice” means a member of the Board of Visiting Justices appointed under section 79.[33/2004; 15/2010; 1/2014]
PART 2 — CONSTITUTION AND ADMINISTRATION
3. The Minister may, by notification in the Gazette —(a)
declare any house, building, enclosure or place, or any part thereof, to be a prison for the purposes of this Act for the imprisonment or detention of persons lawfully in custody;
(b)
define which prisons may be used for the custody of particular classes of prisoners;
(c)
declare that any prison ceases to be a prison; and on the publication in the Gazette of the declaration, or from and after any later date specified in the declaration, that prison ceases to be a prison; and
(d)
declare any prison, house, building, enclosure or place, or any part thereof, to be a reformative training centre for the detention of persons sentenced to reformative training.
s 4Appointment of lock-ups at police stations and court houses as places of detention, and temporary lock‑upsOpen ↗
4.—(1) The Minister may, by notification in the Gazette, appoint the lock‑ups at any police stations and court houses to be places for the confinement of persons awaiting trial, remanded, or sentenced to any term of imprisonment, not exceeding one month, that may be specified in each case.
(1A) Where —(a)
persons are likely to be arrested for one or more offences that arise from the same series of acts, whether or not those acts form the same transaction; and
(b)
the number of such arrested persons is likely to be large,
the Minister may, if the Minister considers it necessary to do so, by notification in the Gazette, appoint one or more places that are not police stations or court houses to be temporary lock‑ups for a period not exceeding one month for the confinement of such arrested persons.
[Act 6 of 2022 wef 01/06/2026]
(1B) However, at the expiry of the period mentioned in subsection (1A), the Minister may, by notification in the Gazette, extend the period of appointment for further periods not exceeding one month at a time if the Minister is satisfied that the circumstances warrant it under that subsection.[Act 6 of 2022 wef 01/06/2026]
(1C) A notification under subsection (1A) or (1B) must specify the period or the extension of the period (as the case may be) during which the place is appointed as a temporary lock‑up.[Act 6 of 2022 wef 01/06/2026]
(2) A lock-up appointed as a place of confinement under subsection (1) is not to be deemed to be a prison for the purposes of this Act or of the Registration of Criminals Act 1949 and regulations made under section 84 do not apply thereto, but every such lock‑up is deemed to be a prison for the purposes of sections 313 to 332 of the Criminal Procedure Code 2010.[15/2010]
(2A) A temporary lock‑up appointed under subsection (1A), or the appointment of which is extended under subsection (1B), is not to be treated as a prison for the purposes of this Act or of the Registration of Criminals Act 1949 and regulations made under section 84 do not apply to such temporary lock‑ups.[Act 6 of 2022 wef 01/06/2026]
(2B) Every temporary lock‑up appointed under subsection (1A) is a lock‑up for the period appointed under subsection (1A) or extended under subsection (1B) for the purposes of this Act.[Act 6 of 2022 wef 01/06/2026]
(3) The Minister may make regulations with regard to lock‑ups appointed under subsection (1), and to temporary lock‑ups appointed under subsection (1A) to provide for all or any of the following matters:(a)
the inspection and management of the lock‑ups and the officers to be in charge thereof;
(b)
the employment of persons confined in such lock‑ups;
(c)
the diets to be supplied to such persons;
(d)
the maintenance of discipline.[Act 6 of 2022 wef 01/06/2026]
5.—(1) Whenever it appears to the Commissioner —(a)
that the number of prisoners in any prison is greater than can be conveniently kept in the prison, and that it is not convenient to transfer the excess number to some other prison; or
(b)
that, by reason of the outbreak of disease within any prison or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoners,
such provision must be made as the Commissioner may, with the approval of the Minister, direct for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison.
[1/2014]
(2) Every temporary prison is a prison for the purposes of this Act.
6.—(1) Subject to the orders of the Minister, the general charge and administration of prisons and the control and direction of prison officers throughout Singapore is vested in the Commissioner.[1/2014]
(2) The Commissioner may make such transfers, and direct the employment and distribution, of prison officers as the Commissioner may think fit.[1/2014]
7.—(1) Subject to the orders of the Commissioner, the administration of each prison is vested in a Superintendent.[1/2014]
(2) If the Superintendent of a prison is temporarily absent or temporarily incapacitated, the powers and duties of the Superintendent under this Act or any regulations made under this Act may, during the period of absence or incapacity, be exercised and performed by any prison officer appointed by the Commissioner.[1/2014]
PART 3 — COMMITTEE OF INQUIRY
8.—(1) Where it is expedient that the Minister, or any other person that the Minister may appoint to exercise the powers conferred upon the Minister by this Part, should be informed on any matter connected with the discipline, administration or functions of any prison or affecting any prisoner, the Minister or the person appointed by the Minister may convene a committee of inquiry.
(2) A committee of inquiry must inquire into and report on the facts relating to any matter referred to it and, if directed by the Minister to do so, express its opinion on any question arising out of any such matter.
(3) In this Part, “Minister” includes the person appointed by the Minister under subsection (1) to act on the Minister’s behalf for the purposes of this Part.
9.—(1) A committee of inquiry consists of one or more persons who must be appointed by the Minister.
(2) Where a committee of inquiry consists of more than one person, the Minister must appoint one of the members to be the chairperson.
(3) Where a committee of inquiry consists of one member only, the member is vested with the powers of a chairperson.
(4) Every member of a committee of inquiry appointed under this section is deemed to be a public servant within the meaning of the Penal Code 1871.
10. A committee of inquiry may —(a)
summon any person to give evidence on oath or on affirmation, or to produce any document or material, necessary for the purpose of the inquiry; and
(b)
visit any place in order to inquire into any matter which may arise in the course of the inquiry.
11.—(1) A person who is summoned to give evidence before a committee of inquiry must not, without lawful excuse, fail to appear in obedience to the summons.
(2) A person who is required by a committee of inquiry to produce any document or material for the purpose of the inquiry must not, without lawful excuse, fail to produce the document or material.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
12.—(1) A person who appears before a committee of inquiry must not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce any document or material, or to answer any question, which the person is lawfully required to produce or answer.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
13. Every person who wilfully gives false evidence when examined on oath or on affirmation before a committee of inquiry shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 7 years or to both.
14. Except as otherwise provided in this Act or any regulations made under this Act, a committee of inquiry is not bound by the rules of evidence and may act in such manner as the committee of inquiry thinks most expedient.
15. No statement made in the course of any inquiry and no report of a committee of inquiry is admissible as evidence in any proceedings other than proceedings, whether criminal or disciplinary, for an offence of giving or fabricating false evidence under any written law.
16.—(1) A committee of inquiry must not sit in public.
(2) A person is not allowed to attend the proceedings of a committee of inquiry, or address a committee of inquiry, except with the permission of the chairperson or if the Minister so directs.
17.—(1) Where it appears to a committee of inquiry that any prison officer or witness may be adversely affected by its findings, the committee is to notify him or her and give him or her an opportunity to be present at the proceedings of the committee of inquiry or at such part thereof as the chairperson may specify.[33/2004]
(2) The person notified under subsection (1) is allowed to give evidence and examine any witness.
18.—(1) The chairperson is to record or cause to be recorded in writing the proceedings of the committee of inquiry.
(2) The evidence of each witness before a committee of inquiry must be read over to him or her and be signed by him or her.
(3) A record of the proceedings of a committee of inquiry is to be signed by the chairperson and the members of the committee (if any) and forwarded to the Minister.
(4) The record of proceedings of a committee of inquiry, or any part thereof, or any information relating thereto must be kept confidential and must not be released to any person, other than a member of the committee, without the written permission of the Minister.
19. Every person who, otherwise than in the course of duty, directly or indirectly by himself or herself or by any other person in any manner whatsoever influences or attempts to influence any decision of a committee of inquiry or any member of a committee of inquiry shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
PART 4 — OFFICERS
20.—(1) The Minister may appoint a Commissioner of Prisons, one or more Deputy Commissioners of Prisons, Divisional Directors, Cluster Commanders or Superintendents of Prisons, and such number of prison officers, as may be necessary for the proper administration of this Act.[1/2014]
[Act 6 of 2022 wef 02/09/2022]
(2) The appointment of the Commissioner and of every Deputy Commissioner, Divisional Director, Cluster Commander and Superintendent must be notified in the Gazette.[1/2014]
[Act 6 of 2022 wef 02/09/2022]
(3) Every Deputy Commissioner, Divisional Director and Cluster Commander may, subject to any direction that may be given by the Commissioner, exercise and perform all or any of the powers, duties and functions of the Commissioner under any provision of this Act or any other written law; and any reference in the provisions of this Act or any written law to the Commissioner includes a reference to a Deputy Commissioner, a Divisional Director or a Cluster Commander.[Act 6 of 2022 wef 02/09/2022]
21. The Commissioner may issue orders, to be called Prison Standing Orders, not inconsistent with the provisions of this Act or of any regulations made under this Act.[1/2014]
22. The Commissioner must periodically visit and inspect, or cause to be visited and inspected, all prisons in Singapore.[1/2014]
23.—(1) The Commissioner may exercise and perform all or any of the powers, duties and functions of the Superintendent under this Act.[1/2014]
(2) In addition, any Deputy Commissioner, Divisional Director or Cluster Commander may, subject to any direction that may be given by the Commissioner, exercise and perform all or any of the powers, duties and functions of the Superintendent under this Act.[1/2014]
[Act 6 of 2022 wef 02/09/2022]
24. Subject to the orders of the Commissioner, a Superintendent must —(a)
supervise and control all matters in connection with any prison the administration of which is vested in the Superintendent; and
(b)
be responsible to the Commissioner for the conduct and treatment of the prison officers and prisoners under the Superintendent’s control, and for the due observance by prison officers and prisoners of the provisions of this Act and of all other written law relating to prisons or prisoners.[1/2014]
25. The Commissioner must appoint one or more registered medical practitioners as may be necessary to be medical officers for the prisons.[33/2004; 1/2014]
26. Subject to the control of the Commissioner, the medical officer must perform such duties as may be prescribed.[1/2014]
27. Prison officers must perform such duties as may be prescribed.
28. Every prison officer must be provided with any staves, arms, ammunition and other accoutrements that may be prescribed.[33/2004]
29. Every prison officer must —(a)
strictly conform to all laws and regulations relating to prisons, lock‑ups, prisoners and lock‑up prisoners; and
(b)
obey all lawful orders of his or her superior officers, whether given verbally or in writing, or issued in the form of prison or lock‑up regulations or standing orders.[33/2004; 15/2010]
30. All prison officers and medical officers appointed under this Act or any regulations made under this Act are deemed to be public servants within the meaning of the Penal Code 1871.[33/2004]
31.—(1) Subject to this section, a prison officer may use any weapon —(a)
against any prisoner or lock-up prisoner escaping or attempting to escape;
(b)
against any person who does any act or attempts to do any act to facilitate the escape of any prisoner or lock‑up prisoner; or
(c)
against any person engaged in any attempt to damage or force or break open —(i)
the outside door or gate or enclosure wall of a prison or lock‑up or any other part of a prison or lock‑up; or
(ii)
any part of any vehicle in which a prisoner or lock‑up prisoner is conveyed.[33/2004; 15/2010]
(2) A prison officer may use any weapon —(a)
on any prisoner or lock-up prisoner engaged in any combined outbreak; and
(b)
on any person engaged in any attempt to damage or force or break open —(i)
the outside door or gate or enclosure wall of a prison or lock‑up or any other part of a prison or lock‑up; or
(ii)
any part of any vehicle in which a prisoner or lock‑up prisoner is conveyed,
and may continue to use the weapon so long as the combined outbreak or attempt is actually being prosecuted.
[33/2004; 15/2010]
(3) Every prison officer may use weapons against any prisoner or lock‑up prisoner using violence on any prison officer or other person, if the prison officer has reasonable ground to believe that the prison officer or other person is in danger of life or limb, or that other grievous hurt is likely to be caused to the prison officer or other person.[33/2004; 15/2010]
(4) A prison officer must not resort to the use of any weapon under subsection (1) unless the prison officer has reasonable ground to believe that he or she cannot otherwise prevent the escape of any prisoner or lock-up prisoner.[33/2004; 15/2010]
(5) Before using any firearm against a prisoner or lock‑up prisoner or other person mentioned in subsection (1), the prison officer must give a warning to the prisoner or lock‑up prisoner or that other person (as the case may be) that the prison officer is about to fire on him or her.[33/2004; 15/2010]
(6) A prison officer must not, in the presence of his or her superior officer, use any firearm against a prisoner or lock‑up prisoner or other person in the circumstances described in subsection (1) or (2) except under the orders of that superior officer.[15/2010]
(7) The use of weapons under this section must be, as far as possible, to disable and not to kill.
(8) Every police officer who is for the time being serving in the capacity of an escort, or of a guard in or around any prison or lock‑up, for the purpose of ensuring the safe custody of any one or more prisoners or lock-up prisoners, is deemed to have all the powers and privileges granted to prison officers under this section.[15/2010]
32.—(1) Every prison officer while acting as such has by virtue of his or her office all the powers, authorities, protection and privileges of a police officer.[33/2004; 15/2010]
(2) Every prison officer while acting as such and exercising the powers of a police officer is deemed to be an officer not below the rank of inspector of police.[15/2010]
PART 5 — CUSTODY AND REMOVAL OF PRISONERS
33.—(1) Every prisoner confined in any prison is deemed to be in the legal custody of the Superintendent of that prison.
(2) Every prisoner is subject to the prison discipline and regulations during the whole time of his or her imprisonment, whether or not he or she is within the precincts of any prison.
34.—(1) For the purpose of assisting the Commissioner in the discharge of his or her duties under this Act, the Commissioner may employ any number of auxiliary police officers that he or she considers fit as escorts or guards to ensure the safe custody of the prisoners who are under his or her custody.[1/2014]
(2) A prisoner who is delivered into the custody of an auxiliary police officer under this section is deemed to be in lawful custody.
(3) Every auxiliary police officer who is employed as an escort or a guard under subsection (1), in the course of carrying out his or her duties as an escort or a guard —(a)
has the powers of a prison officer conferred under section 31; and[Act 6 of 2022 wef 02/09/2022]
(b)
be deemed to be a prison officer for the purposes of sections 69, 72 and 73.[Act 6 of 2022 wef 02/09/2022]
(c)
[Deleted by Act 6 of 2022 wef 02/09/2022]
(4) Every auxiliary police officer employed under subsection (1) is deemed to be a public servant within the meaning of the Penal Code 1871.
(5) [Deleted by Act 6 of 2022 wef 01/06/2026][3/2005]
35. The Superintendents are authorised and required to keep and detain all persons duly committed to their custody by any court, Judge, Magistrate, Justice of the Peace or other public officer lawfully exercising civil or criminal jurisdiction, according to the exigency of any writ, warrant or order by which the persons have been committed, or until the persons are discharged by due course of law.[14/2010]
36.—(1) Every person remanded to any prison by any court, Judge, Magistrate or Justice of the Peace who is charged with any crime or offence must be delivered to the Superintendent of any prison that the Minister appoints for the custody of such persons, together with a warrant of commitment.[14/2010]
(2) The Superintendent must detain a person mentioned in subsection (1) according to the terms of the warrant, and must cause that person to be delivered to such court, Judge, Magistrate or Justice of the Peace, or must discharge that person at the time named in and according to the terms of the warrant.[14/2010]
37.—(1) Every person arrested pursuant to any writ, warrant or order of any court having civil jurisdiction must be brought without delay before the court by which the writ, warrant or order was issued, awarded or made.
(2) If the court mentioned in subsection (1) is not sitting, the person must be delivered to the Superintendent for intermediate custody, and the Superintendent must cause the person to be brought before that court at its next sitting in order that the person may be dealt with according to law.
38.—(1) Whenever the presence of any person confined in a prison is required in any court of civil or criminal jurisdiction, the court may issue a written order addressed to the Superintendent requiring the production before the court of the person in proper custody at the time and place to be named in the order.
(2) The Superintendent must cause the person named in the order to be brought up as directed, and must provide for the person’s safe custody during his or her absence from prison.
(3) A court may by endorsement on the order require the person named in the order to be again brought up at any time to which the matter, in which the person is required, may be adjourned.
(4) An order under this section may be signed by —(a)
the Registrar of the Supreme Court, if the order is issued by the Court of Appeal, the Appellate Division of the High Court or the General Division of the High Court;
(b)
the registrar of the Family Justice Courts, if the order is issued by the Family Division of the High Court, a Family Court or a Youth Court;
(c)
the registrar of the State Courts, if the order is issued by a District Court, a Magistrate’s Court, a Coroner’s Court or any other State Court; or
(d)
the District Judge, Magistrate or Coroner who issued the order.
(5) An order under this section requiring the production of a person before a court in civil proceedings may be made by —(a)
the Registrar of the Supreme Court, if the presence of the person is required in the Court of Appeal, the Appellate Division of the High Court or the General Division of the High Court;
(b)
the registrar of the Family Justice Courts, if the presence of the person is required in the Family Division of the High Court or a Family Court; or
(c)
the registrar of the State Courts, if the presence of the person is required in a District Court, a Magistrate’s Court, a Coroner’s Court or any other State Court.[Act 25 of 2021 wef 01/04/2022]
[16/2016; 40/2019]
39.—(1) The Commissioner may, on proof to his or her satisfaction that the presence of any prisoner at any place is required in the interests of justice, or for the purpose of any public inquiry, by writing under the hand of the Commissioner order that the prisoner be taken to that place.[33/2004; 1/2014]
(2) A prisoner taken from a prison pursuant to an order made under this section must, while outside that prison, be kept in any custody that the Commissioner may by writing under the hand of the Commissioner direct, and while in that custody is deemed to be in legal custody.[33/2004; 1/2014]
40.—(1) The Superintendent of any prison may, on proof to his or her satisfaction that the presence of a prisoner at any place is required in the interest of the prisoner, by writing under the hand of the Superintendent order that the prisoner be taken to that place.
(2) A prisoner taken from a prison under an order made under subsection (1) must, while outside that prison, be kept in any custody that the Superintendent may by writing under the hand of the Superintendent direct, and while in that custody is deemed to be in lawful custody.
41. The Superintendent is responsible for the due discharge of all prisoners immediately upon their becoming entitled to release, whether by the expiry of their terms of sentence, or by pardon, or by commutation, or by remission of sentence.
42.—(1) If the Commissioner is satisfied that a case of a contagious or infectious disease has occurred or is likely to occur in any prison, the Commissioner may order the removal of any of the prisoners from the prison to another place although that place may not be a prison under this Act.[33/2004; 1/2014]
(2) In a case of emergency and where the Commissioner is absent or unable to make the order for removal under subsection (1), the order may be made by the Superintendent of the prison concerned or any of the Visiting Justices of the prison.[33/2004; 1/2014]
(3) A place mentioned in subsection (1) is deemed during the continuance of any prisoner within to be a part of the prison from which the prisoner was so removed.
(4) When the disease has ceased, any prisoner so removed from any prison must be taken back to the prison from where he or she was removed, if still liable to be confined in the prison.
43.—(1) Whenever a prisoner undergoing a sentence in prison appears to the Commissioner on the certificate of a registered medical practitioner to be mentally disordered, the Commissioner may, by written order, setting forth the grounds of belief that the prisoner is mentally disordered, direct the prisoner’s removal from any prison to any mental hospital or other fit place of safe custody within Singapore, there to be kept and treated as the Commissioner directs —(a)
until the expiry of the sentence; or[Act 5 of 2024 wef 31/07/2026]
(b)
if it is certified by a medical officer that it is necessary for the safety of the prisoner or of others that he or she should be detained under medical care and treatment, until he or she is discharged according to law.[33/2004; 21/2008; 1/2014]
[Act 5 of 2024 wef 31/07/2026]
(2) When it appears to the Commissioner on the certificate of a registered medical practitioner that such prisoner has ceased to be mentally disordered, the Commissioner must, by a written order, return the prisoner to the prison from where the prisoner was removed if his or her sentence has not expired, but if the sentence has expired, must direct him or her to be discharged.[33/2004; 21/2008; 1/2014]
[Act 5 of 2024 wef 31/07/2026]
(3) Where a person is confined under this section in a psychiatric institution within the meaning of the Mental Health (Care and Treatment) Act 2008, section 15 of that Act applies to such person after the expiry of the sentence, and the time during which he or she is so confined is reckoned as part of the sentence served by the person.[21/2008]
[Act 5 of 2024 wef 31/07/2026]
44.—(1) The Commissioner may, by written order, remove all or any prisoners confined in any prison to another prison within Singapore.[1/2014]
(2) It is not necessary in the order under subsection (1) to designate any prisoner by name, but it is sufficient to describe the prisoner or prisoners by reference to their nationality or sentence, or by some other like general description.
(3) If the Minister is satisfied that a person serving a sentence of imprisonment is under 21 years of age and might with advantage be detained in a reformative training centre, the Minister may, after consultation where practicable with the Judge or District Judge of the court which passed the sentence, authorise the Commissioner to transfer the person to a reformative training centre; and section 305(5) of the Criminal Procedure Code 2010 then applies to the person as if he or she had on the date of the transfer been sentenced to reformative training.[15/2010; 1/2014]
(4) If on the date of the transfer under subsection (3), the unexpired term of the person’s sentence is less than 3 years, that subsection applies to the person as if he or she had been sentenced to reformative training 3 years before the expiry of that term.
(5) If a person detained in a reformative training centre is reported to the Minister by the Commissioner to be incorrigible, or to be exercising a bad influence on the other inmates of the institution —(a)
the Minister may commute the unexpired part of the term for which that person is then liable to be detained in a reformative training centre to such term of imprisonment as the Minister may determine, not exceeding the said unexpired part; and
(b)
for the purpose of this Act, that person is to be treated as if the person had been sentenced to imprisonment for that term.[1/2014]
45.—(1) In case of illness of a prisoner (other than a prisoner mentioned in subsection (2)) confined in a prison in which there is no suitable accommodation for the prisoner, any Superintendent may, on the certificate of a medical officer, make an order for the prisoner’s removal to a hospital.[26/2001; 33/2004]
(2) Where a prisoner confined in a prison appears to the Minister on the certificate of a registered medical practitioner to be suffering from an infectious disease, the Minister may, by written order, direct the prisoner’s removal to any hospital or place specified by the Director‑General of Health under section 8(1) of the Infectious Diseases Act 1976, there to be kept and treated until cured of the infectious disease.[33/2004]
[Act 6 of 2022 wef 02/09/2022]
[Act 11 of 2023 wef 01/05/2023]
(3) So long as any prisoner who has been removed to any hospital or place under subsection (2) remains in the hospital or place, the medical officer thereof must, at the end of every month, transmit to the Superintendent of the prison a certificate signed by the medical officer that it is in his or her opinion necessary that the prisoner should remain in the hospital or place.
46.—(1) So soon as, in the opinion of the medical officer in charge of any hospital or place specified by the Director‑General of Health under section 8(1) of the Infectious Diseases Act 1976, it is no longer necessary that any prisoner who has been removed to the hospital or place should remain there, the medical officer must transmit to the Superintendent a certificate, stating that such necessity has ceased.[33/2004]
[Act 11 of 2023 wef 01/05/2023]
(2) Thereupon the Superintendent must forthwith cause the prisoner to be brought back to the prison if the prisoner is still liable to be confined in the prison.
47. If any prisoner escapes during the time that the prisoner is in any hospital, mental hospital or place as aforesaid, no prison officer is to be held answerable for the escape, unless the prisoner has been in the personal custody of that officer.
48.—(1) Every precaution must be taken by the medical officers and other officers of any hospital, mental hospital or place to prevent the escape of prisoners who may at any time be under treatment therein.
(2) The officers mentioned in subsection (1) may take any measures for preventing the escape of any prisoner that are necessary.
(3) Nothing is to be done under the authority under this section which in the opinion of the medical officers is likely to be prejudicial to the health of those prisoners.
49.—(1) Where in any case, from the gravity of the offence for which any prisoner may be in custody or for any other reason, the Superintendent considers it to be desirable to take special measures for the security of the prisoner while under treatment in a hospital, mental hospital or place, the Superintendent may give the prisoner into the charge of at least 2 fit and proper persons, one of whom at the least must always be with the prisoner day and night.
(2) Such persons are vested with full power and authority to do all things necessary to prevent the prisoner from escaping, and are answerable for the prisoner’s safe custody until such time that the prisoner is handed over to a prison officer on the prisoner’s discharge from the hospital, mental hospital or place or until such time as his or her sentence expires, whichever may first occur.
50. Nothing in this Act lessens or affects the power of the General Division of the High Court to direct persons confined in Singapore to be brought before the General Division of the High Court by an Order for Review of Detention.[42/2005; 40/2019]
PART 5A — CUSTODY AND REMOVAL OF LOCK-UP PRISONERS
50A. Every lock-up prisoner who is confined in any lock‑up, or who is transported to, or from, any lock-up, is deemed to be in the legal custody of the Commissioner or any person authorised by the Commissioner.[15/2010; 1/2014]
50B.—(1) For the purpose of assisting the Commissioner in the discharge of his or her duties under this Act, the Commissioner, or any person authorised by the Commissioner, may employ any number of auxiliary police officers that the Commissioner or the authorised person considers fit as escorts or guards to ensure the safe custody of the lock-up prisoners who are under the custody of the Commissioner or the person authorised by the Commissioner, as the case may be.[15/2010; 1/2014]
(2) A lock-up prisoner who is delivered into the custody of an auxiliary police officer under this section is deemed to be in lawful custody.[15/2010]
(3) Every auxiliary police officer who is employed as an escort or a guard under subsection (1) has, in the course of carrying out his or her duties as an escort or a guard, the powers of a prison officer conferred under section 31.[15/2010]
(4) Every auxiliary police officer employed under subsection (1) is deemed to be a public servant within the meaning of the Penal Code 1871.[15/2010]
(5) [Deleted by Act 6 of 2022 wef 01/06/2026][15/2010]
50C.—(1) Every person remanded in any lock-up by any court, Judge, Magistrate or Justice of the Peace, charged with any crime or offence, must be delivered to the Commissioner or any person authorised by the Commissioner to take custody of such persons, together with a warrant of commitment.[15/2010; 1/2014]
(2) The Commissioner or any person authorised by the Commissioner to take custody of lock-up prisoners must detain a lock‑up prisoner according to the terms of the warrant, and must cause the lock‑up prisoner to be delivered to such court, Judge, Magistrate or Justice of the Peace, or must discharge that person at the time named in and according to the terms of the warrant.[15/2010; 1/2014]
50D. A lock-up prisoner, when being taken to, or from, any lock‑up in which he or she may be lawfully confined, or whenever he or she is outside or is otherwise beyond the limits of any such lock‑up, and is in or under legal custody, is deemed to be in a lock‑up, and is subject to all the same incidents as if he or she were actually in a lock‑up.[15/2010]
PART 5B — REMISSION OF SENTENCES
Division 1 — General
50E.—(1) This Part makes provision for the remission of sentences for the purpose of —(a)
encouraging good conduct and industry by prisoners who are serving their sentences; and
(b)
facilitating the rehabilitation of prisoners and their reintegration into society.[1/2014]
(2) Nothing in this Part applies to prisoners committed for debt.[1/2014]
50F.—(1) A prisoner is entitled to be released on the day —(a)
a remission order is made in respect of the prisoner; or
(b)
the prisoner’s sentence of imprisonment is remitted.[1/2014]
(2) A person who is released and at large under a remission order is deemed not to be in the legal custody of the Commissioner.[1/2014]
(3) Every remission order has effect starting from the date the remission order is made.[1/2014]
Division 2 — Remission orders
50G. This Division applies where a prisoner is sentenced to one or more terms of imprisonment that is not a default sentence, and is not also sentenced to life imprisonment.[1/2014]
50H.—(1) Subject to subsections (2) and (3), a prisoner is, upon his or her admission to prison, entitled to have his or her sentence remitted in accordance with and subject to the provisions of this Act.[1/2014]
(2) A prisoner who is sentenced to an aggregate term of imprisonment of 14 days or less is not entitled to have his or her sentence remitted.[1/2014]
(3) A prisoner is not entitled to have his or her sentence of imprisonment remitted if his or her sentence of imprisonment consists wholly of —(a)
one or more terms of imprisonment imposed as enhanced sentences under section 50T(1)(a) or 50ZN;[Act 5 of 2024 wef 31/07/2026]
(b)
one or more terms of imprisonment imposed for offences under section 50Y(1); or
(c)
any combination of paragraphs (a) and (b).[1/2014]
50I.—(1) The Commissioner must make a remission order in respect of a prisoner —(a)
unless paragraph (b) applies, on the day after the day the prisoner has served whichever of the following that ends later:(i)
two-thirds of all the consecutive terms of imprisonment to which the prisoner was sentenced;
(ii)
14 days of the prisoner’s sentence; and
(b)
where the prisoner is sentenced to any enhanced sentence under section 50T(1)(a) or 50ZN, or for any offence under section 50Y(1), and to any other sentence of imprisonment, on the day after the day the prisoner has served whichever of the following that ends later:(i)
the aggregate of —(A)
all the terms of imprisonment to which the prisoner was sentenced as enhanced sentence under section 50T(1)(a) or 50ZN, or for any offence under section 50Y(1); and[Act 5 of 2024 wef 31/07/2026]
(B)
two-thirds of all the other consecutive terms of imprisonment (if any) to which the prisoner was sentenced;
(ii)
14 days of the prisoner’s sentence.[1/2014]
[Act 5 of 2024 wef 31/07/2026]
(2) Despite subsection (1), in determining whether a sentence is served for the purposes of making a remission order under subsection (1), each of the following periods, or if there is more than one such period, the aggregate of those periods, is not reckonable:(a)
one-third of any time which the prisoner is confined in a punishment cell under this Act;
(b)
one-third of any time spent by the prisoner in a hospital through his or her own fault or malingering;
(c)
any period of remission which is forfeited under this Act, unless the forfeited remission is restored by the Superintendent;
(d)
any period of deferment which is ordered by the President under subsection (4);
(e)
any other periods of time as may be prescribed.[1/2014]
(3) The Commissioner may defer making a remission order by not longer than 3 weeks in order to enable the execution of any punishment ordered by the court and which on the date the remission order would have been made under subsection (1) if not for this subsection, has not been executed.[1/2014]
[Act 6 of 2022 wef 02/09/2022]
(4) When a prisoner commits an offence while serving his or her sentence, the President may order the Commissioner not to make a remission order, or to defer making a remission order by any period that the President may specify, if the President is of the opinion that the offence is a grave offence, having regard to all the following factors:(a)
the nature of the offence;
(b)
the punishment which the offence attracts;
(c)
the circumstances in which the offence was committed;
(d)
all other relevant circumstances.Illustrations
(a) A prisoner is sentenced to 2 years’ imprisonment for the offence of theft under section 379 of the Penal Code 1871 and one year’s imprisonment for the offence of cheating under section 417 of the Code. Both sentences are ordered to run consecutively and the aggregate sentence is ordered to take effect from 1 January 2013. The prisoner will have served the requisite portion of his or her sentence (2 years) on 31 December 2014, and the Commissioner will be required to make a remission order on 1 January 2015.
(b) A prisoner is sentenced to one year’s imprisonment for the offence of theft under section 379 of the Penal Code 1871 and 2 years’ imprisonment as enhanced sentence under section 50T(1)(a). The prisoner’s sentence is ordered to take effect from 1 January 2013. The prisoner would have served the requisite portion of the sentence (2 years and 8 months) on 31 August 2015, and the Commissioner will be required to make a remission order on 1 September 2015.
(c) A prisoner is sentenced to one year’s imprisonment for the offence of theft under section 379 of the Penal Code 1871. The sentence is ordered to take effect from 1 January 2013. While serving the sentence, the prisoner spent 3 months in hospital through his or her own fault. The Commissioner will be required to make a remission order on 1 October 2013.
[1/2014]
50J.—(1) Where a prisoner has served 20 years of his or her sentence but the Commissioner is not required to make a remission order under section 50I, the Minister must review the prisoner’s case and may, in the Minister’s discretion, direct the Commissioner to make a remission order in respect of the prisoner.[1/2014]
(2) Where the Minister has refused to direct the Commissioner to make a remission order in respect of a prisoner under subsection (1), the Minister must, unless the prisoner is earlier released from imprisonment, review the Minister’s decision at intervals not exceeding 12 months each and may, in the Minister’s discretion, direct the Commissioner to make a remission order in respect of the prisoner.Illustration
A prisoner is sentenced to a total of 24 years’ imprisonment. The sentence is ordered to take effect from 1 January 2013. After taking into account the various periods of time mentioned in section 50I(2), the Commissioner is required to defer making a remission order until 1 January 2035. However, the Minister must review the prisoner’s case on 1 January 2033 and may direct the Commissioner to make a remission order. If the Minister does not direct the Commissioner to make a remission order, the Minister must review his or her decision no later than 1 January 2034.
[1/2014]
50K.—(1) Where a remission order is made in respect of a prisoner under section 50I or 50J —(a)
the remainder of the prisoner’s sentence, as determined in accordance with subsection (2), (3) or (4) (as the case may be) is suspended; and
(b)
that remainder of the prisoner’s sentence is to be remitted when the remission order expires.[1/2014]
(2) If the remission order is made under section 50I and no consecutive sentence is imposed on the prisoner in respect of whom the remission order is made, the remainder of the prisoner’s sentence is the period —(a)
starting on the date the remission order is made; and
(b)
ending at the end of the day on which the prisoner would have completed serving his or her entire sentence of imprisonment if no remission order had been made.[1/2014]
(3) If the remission order is made under section 50I and 2 or more consecutive sentences are imposed on the prisoner in respect of whom the remission order is made, the remainder of the prisoner’s sentence is the period worked out according to the following steps:(a)
first, apportion the total time (in days) the prisoner has spent serving his or her aggregate sentence among each of the consecutive sentences (including default sentences) as if each sentence is served in the same proportion;
(b)
second, work out the portion (in days) of each of the consecutive sentences (including default sentences) which is not served after taking into account the portion which is deemed under paragraph (a) as having been served;
(c)
third, add the portion of each of the consecutive sentences (excluding default sentences) worked out under paragraph (b) which is not served.Illustration
A prisoner is sentenced to 6 weeks’ imprisonment on 1 January 2013 for the offence of theft under section 379 of the Penal Code 1871, 6 weeks’ imprisonment for the offence of cheating under section 417 of the Code, and a default sentence of 3 weeks for the offence of house‑trespass under section 448 of the Code. All 3 sentences are ordered to run consecutively and the aggregate sentence is imprisonment for a term of 15 weeks (105 days). The Commissioner makes a remission order after the prisoner has served two‑thirds of his or her aggregate sentence, i.e. 70 days. When the remission order is made, the time spent by the prisoner serving his or her aggregate sentence will be divided between the 3 consecutive sentences such that the prisoner has served the same proportion of each sentence, i.e. 28 days in relation to the sentence for theft, 28 days in relation to the sentence for cheating, and 14 days in relation to the sentence for house‑trespass. The portion of the default sentence for house‑trespass which has not been served (7 days) will be remitted. The portions of the sentences for theft and cheating which have not been served (14 days each) will be aggregated and the aggregate (28 days) will be the remainder of the prisoner’s sentence, which will be suspended until the remission order expires, whereupon it will be remitted.
[1/2014]
(4) If the remission order is made under section 50J, the remainder of the prisoner’s sentence is the period worked out according to the following steps:(a)
first, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served —(i)
starting on the date of the remission order made under section 50J; and
(ii)
ending at the end of the day immediately before the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J;
(b)
second, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served —(i)
starting on the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J; and
(ii)
ending on the day the prisoner would have been released from prison had no remission order been made in respect of the prisoner;
(c)
third, apportion the portion (in days) of the prisoner’s aggregate sentence worked out under paragraph (b) between each consecutive term of imprisonment (including default sentences) to which the prisoner was sentenced such that the same proportion of each sentence has not been served;
(d)
fourth, work out the portion (in days) of all default sentences (if any) which has not been served under paragraph (c);
(e)
fifth, subtract the portion of the prisoner’s sentence worked out under paragraph (d) from the portion of the prisoner’s unserved sentence worked out under paragraph (b);
(f)
sixth, add the portion of the prisoner’s sentence worked out under paragraph (a) to the portion of the prisoner’s sentence worked out under paragraph (e).Illustration
A prisoner is sentenced to a total of 25 years’ imprisonment, of which one year’s imprisonment is a default sentence. The sentence is ordered to take effect from 1 January 2013. The last day of the prisoner’s sentence if no remission order is made would be 31 December 2037. After taking into account the various periods of time mentioned in section 50I(2), the Commissioner is required to defer making a remission order until 1 November 2033. The Minister reviewed the prisoner’s case on 1 January 2033 and directed the Commissioner to make a remission order under section 50J on the same day. The period starting on 1 November 2033 and ending on 31 December 2037 (4 years and 2 months) will be apportioned such that 2 months of the prisoner’s default sentence and 4 years of the prisoner’s other sentences of imprisonment has not been served. The 4 years will be added to the period starting on 1 January 2033 and ending on 31 October 2033 (10 months) and the total (4 years and 10 months) will be the remainder of the prisoner’s sentence.
[1/2014]
(5) The portion of a default sentence worked out under subsections (3)(b) and (4)(d) as not having been served is remitted upon the making of the remission order.[1/2014]
50L. Unless extended under section 50M or 50N, a remission order in respect of a prisoner made under section 50I or 50J —(a)
has effect for a period equal to the remainder of the prisoner’s sentence as determined under section 50K; and
(b)
expires at the end of the period mentioned in paragraph (a).[1/2014]
50M.—(1) This section applies where —(a)
a prisoner released on a remission order made under section 50I or 50J (called in this section the first remission order) is subsequently sentenced to one or more terms of imprisonment;
(b)
a second remission order is made in respect of that term or those terms of imprisonment; and
(c)
the first remission order is still in effect when the person is released on the second remission order.[1/2014]
(2) Where this section applies —(a)
the first and second remission orders are merged and deemed to be a single remission order made under section 50I; and
(b)
the merged remission order expires on the day on which the first remission order would have expired, or the day on which the second remission order would have expired, whichever is the later.Illustration
A prisoner is sentenced to 6 years’ imprisonment for offence A. The sentence takes effect from 1 January 2013. The Commissioner makes a remission order for the sentence on 1 January 2017. Under section 50L(b), the remission order will expire at the end of the day on 31 December 2018. On the prisoner’s release, the prisoner commits offence B and is sentenced to 2 years’ imprisonment for offence B. No enhanced sentence is imposed under section 50T. The sentence for offence B takes effect from 1 June 2017. The Commissioner makes a remission order for the sentence for offence B on 1 October 2018. Under section 50L(b) the remission order for the sentence for offence B will expire at the end of the day on 31 May 2019. Both remission orders will be merged and deemed to be one remission order, and the merged remission order will expire at the end of the day on 31 May 2019.
[1/2014]
s 50NExtension of section 50I or 50J remission order when person released is unlawfully at large, etc.Open ↗
50N.—(1) Where a person who is released under a remission order made under section 50I or 50J is recalled to prison by the Commissioner under section 50X but fails to report at such prison and on such date specified in the notice of recall, that person’s remission order is extended by a period equivalent to the period the person remains unlawfully at large after the date so specified.[1/2014]
(2) Where the court issues a warrant of arrest against a person released under a remission order made under section 50I or 50J while the person’s remission order is still in effect, and the person remains at large after the warrant is issued, the person’s remission order is extended by a period equivalent to the period between the date the warrant is issued and the date of his or her arrest.[1/2014]
(3) Where a person released under a remission order made under section 50I or 50J is otherwise unlawfully at large while the person’s remission order is still in effect, the person’s remission order is extended by a period equivalent to the period the person is unlawfully at large.Illustration
The Commissioner makes a remission order in respect of a prisoner on 1 January 2013. The remission order expires at the end of the day on 31 December 2013. After the prisoner is released, the Commissioner issues a notice of recall to the prisoner under section 50X, requiring the prisoner to report at a specified prison on 15 December 2013. The prisoner remains unlawfully at large and only reports at the specified prison on 14 January 2014, i.e. 30 days later. The duration of the remission order will be extended by 30 days and it will now expire at the end of the day on 30 January 2014.
[1/2014]
Division 3 — Remission orders for prisoners sentenced to life imprisonment
50O. This Division applies to all of the following prisoners:(a)
a prisoner who is sentenced to life imprisonment, for an offence committed on or after 21 August 1997, whether or not he or she is also sentenced to one or more terms of imprisonment;
(b)
a prisoner whose sentence of death for an offence committed on or after 21 August 1997 is, or has been, commuted to life imprisonment under section 334 of the Criminal Procedure Code 2010 or section 238 of the repealed Criminal Procedure Code (Cap. 68, 1985 Revised Edition);
(c)
a prisoner who is sentenced to be detained during the President’s pleasure under section 213 of the repealed Criminal Procedure Code (Cap. 68, 1985 Revised Edition).[1/2014]
50P.—(1) Subject to subsection (2), where a prisoner to whom this Division applies has served 20 years of his or her sentence, the Minister must review the prisoner’s case and may, in the Minister’s discretion, direct the Commissioner to make a remission order in respect of the prisoner.[1/2014]
(2) Where the Minister has refused to direct the Commissioner to make a remission order in respect of a prisoner under subsection (1), the Minister must, unless the prisoner is earlier released from imprisonment, review the Minister’s decision at intervals not exceeding 12 months each and may, in the Minister’s discretion, direct the Commissioner to make a remission order in respect of the prisoner.[1/2014]
50Q. When a remission order is made under section 50P in respect of a prisoner to whom this Division applies —(a)
any default sentence to which the prisoner was sentenced is remitted;
(b)
the sentence of life imprisonment and any other sentence of imprisonment imposed on the prisoner is suspended; and
(c)
the sentences mentioned in paragraph (b) are remitted when the remission order expires.[1/2014]
50R. A remission order made under section 50P —(a)
has effect for a period starting on the date of the remission order and ending at the end of the natural life of the person in respect of whom the remission order is made; and
(b)
expires at the end of the period mentioned in paragraph (a).[1/2014]
Division 4 — Basic condition of remission order
50S.—(1) It is the basic condition of every remission order made under Division 2 or 3 that the person released under the remission order —(a)
must not commit any offence (not including an offence under section 50Y(1)) while the remission order is in effect; and
(b)
must not be convicted of that offence and sentenced to any of the following:(i)
a sentence of imprisonment (not including a default sentence);
(ii)
corrective training;
(iii)
reformative training;
(iv)
preventive detention;[Act 5 of 2024 wef 31/07/2026]
(v)
an SPP;[Act 5 of 2024 wef 31/07/2026]
(vi)
an SEPP.[Act 5 of 2024 wef 31/07/2026]
[1/2014]
(2) Where a person commits an offence in breach of the basic condition of his or her remission order, the person is deemed to have breached the basic condition on the date of the commission of the offence.[1/2014]
50T.—(1) When a person commits an offence in breach of the basic condition of the person’s remission order made under Division 2 or 3, the court may, in addition to imposing any sentence on the person for that offence, impose an enhanced sentence for that offence as follows:(a)
imprisonment for a term not exceeding the remaining duration of the remission order, as determined based on the date of the commission of the offence; or
(b)
imprisonment for any term or for life, if the duration of the remission order is for the person’s natural life.[1/2014]
(2) If a person commits 2 or more offences in breach of the basic condition of the person’s remission order made under Division 2 or 3 —(a)
the court may, in addition to imposing any sentence on the person for those offences, impose an enhanced sentence under subsection (1) for each of those offences; and
(b)
the aggregate length of all the enhanced sentences imposed under subsection (1) must not exceed the remaining duration of the remission order, as determined based on the date of the earliest offence committed.[1/2014]
(3) In deciding whether to impose any enhanced sentence under subsection (1) or (2) with respect to any offence, and if so the length of the enhanced sentence, the court is to consider —(a)
the gravity of the offence;
(b)
whether the offence is of a similar nature to the offence for which the person under a remission order was originally sentenced;
(c)
the length of time for which the person did not commit any offence after being released under that remission order; and
(d)
all other relevant circumstances.[1/2014]
(4) For the purpose of this section, any extension of the duration of a remission order after the date of an offence committed in breach of its basic condition is to be disregarded in determining the remaining duration of a person’s remission order based on the date of that offence.[1/2014]
(5) Despite any provision in any written law, a term of imprisonment imposed on any person as an enhanced sentence under this section must run consecutively to all other terms of imprisonment imposed on the person.Illustration
A person is released under a remission order having effect from 1 June 2013 to 31 December 2013. On 15 July 2013 the remission order is extended for 7 days (i.e. to 7 January 2014) under section 50N(1) because the person failed to report at a prison after being recalled by the Commissioner. On 1 August 2013 the person commits offence A. On 30 September 2013 the remission order is extended for a further 10 days (i.e. to 17 January 2014) under section 50N(1). On 21 October 2013 the person commits offence B. The person is later sentenced to imprisonment for both offences A and B, rendering the person in breach of the basic condition of the person’s remission order on 1 August 2013 and again on 21 October 2013. The person’s enhanced sentence for offence A cannot exceed the length of the period from 1 August 2013 to 7 January 2014. The person’s enhanced sentence for offence B cannot exceed the length of the period from 21 October 2013 to 17 January 2014. The total length of the enhanced sentences for offences A and B cannot exceed the length of the period from 1 August 2013 to 7 January 2014.
[1/2014]
Division 5 — Mandatory aftercare scheme
50U.—(1) This Division applies where —(a)
a remission order is made under section 50I or 50J in respect of a prisoner;
(b)
the prisoner’s remission order relates to a sentence (excluding a default sentence) for an offence which is specified in the First Schedule at the time the offence was committed;
(c)
the prisoner’s sentence for the offence, aggregated with any other consecutive term of imprisonment (excluding a default sentence) to which he or she was sentenced, is longer than the minimum sentence (if any) which, at the time the offence was committed, is prescribed in the First Schedule in relation to the offence;
(d)
the prisoner has a relevant antecedent for the offence, if any such antecedent has been prescribed in the First Schedule in relation to the offence at the time the offence was committed; and
(e)
the prisoner is not subject to an order removing him or her from Singapore under the Immigration Act 1959.[1/2014]
(2) This Division also applies where —(a)
a remission order is made under section 50I or 50J in respect of a prisoner —(i)
who is not, on the prisoner’s release, subject to an order removing him or her from Singapore under the Immigration Act 1959; and
(ii)
whose sentence (excluding a default sentence) for any offence, aggregated with any other consecutive term of imprisonment (excluding a default sentence) to which the prisoner was sentenced, is longer than —(A)
15 years; or
(B)
any other period that may be prescribed in substitution thereof at the time of the commission of the offence or, where 2 or more offences are committed, at the time of the offence earliest committed; or
(b)
a remission order is made under section 50P in respect of a prisoner who is not, on the prisoner’s release, subject to an order removing him or her from Singapore under the Immigration Act 1959.[1/2014]
(3) To avoid doubt, where 2 remission orders are merged under section 50M and subsection (1) or (2) applies to any one of the remission orders which are merged, this Division applies to the merged remission order.[1/2014]
50V.—(1) The Commissioner may, in accordance with this section and for the purpose of facilitating a person’s rehabilitation and reintegration into society, require a person to whom this Division applies to comply with mandatory aftercare conditions.[1/2014]
(2) The Commissioner may, by written notice, require a person to comply with all or any of the mandatory aftercare conditions specified in subsection (3) —(a)
at any time while the remission order relating to the person is in effect; and
(b)
for any period not extending beyond the expiry of the remission order.[1/2014]
(3) The mandatory aftercare conditions mentioned in subsection (2) are as follows:(a)
the person subject to a remission order must attend any such counselling, therapy, test, assessment, and other activity for the purpose of facilitating the person’s rehabilitation and reintegration into society as the Commissioner may require, at any time and place that the Commissioner may specify in the notice under subsection (2);
(b)
the person must report to provide a specimen of his or her urine or hair for testing at any time and place that the Commissioner may specify in the notice under subsection (2);
(c)
the person must remain indoors at the person’s place of residence, or at any other place that the Commissioner may specify, at any time that the Commissioner may specify in the notice under subsection (2);
(d)
the person must allow the Superintendent and any person authorised by the Superintendent to enter the person’s place of residence or any other place which the person is required to remain at to determine his or her compliance with any mandatory aftercare condition or for any purpose relating to his or her rehabilitation;
(e)
to enable the electronic monitoring of the person’s whereabouts, the person must —(i)
wear any electronic monitoring device issued by the Commissioner on any part of his or her person that the Commissioner may specify in the notice under subsection (2);[Act 5 of 2024 wef 31/07/2026]
(ii)
allow the Superintendent and any person authorised by the Superintendent to enter the person’s place of residence or any other place the person is required to remain at, to install, maintain, repair or retrieve any electronic monitoring device;
(iii)
comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to the person or installed at the person’s place of residence or any other place he or she is required to remain at;
(iv)
comply with all reporting requirements imposed on him or her; and
(v)
not tamper with any electronic monitoring device issued to the person or installed at the person’s place of residence or any other place he or she is required to remain at, or otherwise prevent or obstruct the electronic monitoring of the person’s whereabouts;
(f)
the person must comply with a notice of recall served on him or her under section 50X; and
(g)
the person must comply with any other conditions for the purpose of facilitating his or her rehabilitation and reintegration into society that the Commissioner may specify in the notice under subsection (2).[1/2014]
(4) The Commissioner may, at any time by written notice served on a particular person —(a)
vary, cancel or add to any mandatory aftercare condition specified in subsection (3);
(b)
extend or reduce the period for which the person is subject to those mandatory aftercare conditions; and in the case of an extension, the extension must not extend beyond the expiry of the remission order; or
(c)
waive, in any particular case, any of the mandatory aftercare conditions specified in subsection (3).
(5) The notice mentioned in subsection (4) must be served —(a)
by delivering it personally to the person; or
(b)
by any other means that may be prescribed.[1/2014]
[Act 6 of 2022 wef 02/09/2022]
50W. A person is not required to comply with any mandatory aftercare condition of the person’s remission order —(a)
while he or she is admitted to and detained in an approved institution under the Misuse of Drugs Act 1973;
(b)
while he or she is detained under the Criminal Law (Temporary Provisions) Act 1955;
(c)
while he or she is imprisoned or otherwise in custody or detained under any other written law;
(d)
to the extent that such condition is inconsistent with any condition of a supervision order made under the Misuse of Drugs Act 1973 in respect of the person;
(e)
to the extent that such condition is inconsistent with any condition of a supervision order made under the Criminal Law (Temporary Provisions) Act 1955 in respect of the person; or
(f)
in any other situations that may be prescribed.[1/2014]
50X.—(1) If the Commissioner is satisfied after due inquiry that a person has committed a minor breach of a mandatory aftercare condition of the person’s remission order, the Commissioner may do one or more of the following for the purpose of punishing the person:(a)
administer a written warning to the person;
(b)
extend the period for which the person is subject to any mandatory aftercare condition, except that the period must not extend beyond the expiry of the remission order;
(c)
vary, cancel or add to the mandatory aftercare conditions of the person’s remission order;
(d)
recall the person to prison for a specified period in accordance with this section.[1/2014]
(2) Subject to the limits in subsection (4), the Commissioner may recall a person to prison by serving upon him or her a notice of recall in accordance with subsection (3).[1/2014]
(3) The notice of recall in subsection (2) —(a)
must be served —(i)
by delivering it personally to the person; or
(ii)
by any other means that may be prescribed;
(b)
may be served by a prison officer, a police officer or an auxiliary police officer; and
(c)
must —(i)
specify the prison to which the person is to report;
(ii)
specify the date and time the person is required to report to the specified prison; and
(iii)
specify, in days, the number of days for which the person is recalled.[1/2014]
(4) The Commissioner must not recall a person —(a)
for a period exceeding 10 days at a time;
(b)
for a cumulative period of more than 30 days;
(c)
after the expiry of the remission order; or
(d)
for a period extending beyond the expiry of the remission order.[1/2014]
(5) When the Commissioner recalls a person to prison under this section —(a)
the person must, before he or she reports to prison, remain subject to the remission order;
(b)
the person must, when he or she reports to prison, be imprisoned for the period of recall and is, while so imprisoned, deemed to be serving his or her sentence; and
(c)
the person must, after he or she has served the period of recall in prison, be released and continue to be subject to his or her remission order to the extent that it continues to have effect.[1/2014]
(6) If the person remains unlawfully at large after the time he or she is required to report to a prison by a notice of recall and is subsequently arrested, he or she must immediately be imprisoned for a period equivalent to the period of recall.[1/2014]
50Y.—(1) A person who commits a serious breach of a mandatory aftercare condition of his or her remission order shall be guilty of an offence and shall be liable on conviction to —(a)
imprisonment for a term not exceeding the remaining duration of the remission order, as determined based on the date of the offence; or
(b)
imprisonment for any term or for life, if the duration of the remission order is for life.[1/2014]
(2) In deciding the punishment to be imposed for an offence under subsection (1), the court is to consider —(a)
the gravity of the serious breach;
(b)
the length of time for which the person did not commit any breach of a mandatory aftercare condition after being released under the remission order;
(c)
whether the serious breach evidences a lack of commitment by the person to his or her rehabilitation and reintegration into society; and
(d)
all other relevant circumstances.[1/2014]
(3) If a person commits 2 or more offences under subsection (1) —(a)
the court may sentence the person under subsection (1) for each of those offences; and
(b)
the aggregate length of all the sentences imposed under subsection (1) must not exceed the remaining duration of the remission order, as determined based on the date of commission of the first offence.[1/2014]
(4) For the purpose of this section, any extension of the duration of a remission order after the date of commission of an offence under this section is to be disregarded in determining the remaining duration of a person’s remission order based on the date of commission of the offence.[1/2014]
(5) Despite any provision in any written law, a term of imprisonment imposed under this section on any person runs consecutively to all other terms of imprisonment imposed on the person.Illustration
A prisoner is released under a remission order having effect from 1 June 2013 to 31 December 2013. The remission order is subject to mandatory aftercare conditions for its whole duration. On 15 July 2013 the remission order is extended for 7 days (i.e. to 7 January 2014) under section 50N(1). On 1 August 2013 the prisoner commits a first offence under section 50Y(1). On 30 September 2013, the remission order is extended for a further 10 days (i.e. to 17 January 2014) under section 50N(1). On 21 October 2013 the prisoner commits a second offence under section 50Y(1). The prisoner’s sentence for the first offence cannot exceed the length of the period from 1 August 2013 to 7 January 2014. The prisoner’s sentence for the second offence cannot exceed the length of the period from 21 October 2013 to 17 January 2014. The total sentence for both offences cannot exceed the length of the period from 1 August 2013 to 7 January 2014.
[1/2014]
50Z.—(1) The offence of committing a serious breach of a mandatory aftercare condition under section 50Y(1) shall be an arrestable and bailable offence for the purposes of the Criminal Procedure Code 2010.[1/2014]
(2) A prison officer may exercise all the powers which a police officer of equivalent rank may exercise under the Criminal Procedure Code 2010 in respect of an offence of committing a serious breach of a mandatory aftercare condition under section 50Y(1).[1/2014]
(3) To avoid doubt, where the Commissioner recalls a prisoner to prison under section 50X, the prisoner is not to be admitted to bail.[1/2014]
Division 6 — Remission of default sentences
50ZA. This Division applies to a prisoner whose sentence of imprisonment consists wholly of default sentences for offences committed before, on or after 1 July 2014.[1/2014]
50ZB.—(1) A prisoner to whom this Division applies is, upon the prisoner’s admission to prison, entitled to have his or her sentence remitted in accordance with this section.[1/2014]
(2) Section 50I applies to a prisoner to whom this Division applies, subject to the following modifications:(a)
the Commissioner is not required to make a remission order; and
(b)
on the day the Commissioner would have been required to make a remission order under section 50I, the sentence of the prisoner is remitted.[1/2014]
Division 7 — Transitional provisions
50ZC.—(1) This Division applies to a prisoner —(a)
convicted before, on or after 1 July 2014;
(b)
whose sentence of imprisonment does not include a sentence of life imprisonment for an offence committed on or after 21 August 1997; and
(c)
whose sentence of imprisonment includes a term of imprisonment (not including a default sentence) imposed for an offence committed before 1 July 2014.[1/2014]
(2) For the purposes of subsection (1) and this Division, a sentence of life imprisonment imposed for an offence committed before 21 August 1997 is deemed to be a sentence of imprisonment for a term of 20 years.[1/2014]
50ZD.—(1) This section applies to a prisoner whose sentence of imprisonment (not including any default sentence), consists wholly of terms of imprisonment imposed for an offence or offences all of which were committed before 1 July 2014.[1/2014]
(2) Section 50I applies to the prisoner, subject to the following modifications:(a)
the actual making of a remission order under that section is not required; and
(b)
the sentence of the prisoner which, on 1 July 2014, has yet to be served is remitted on the day the Commissioner would have been required to make a remission order in respect of the prisoner under section 50I.[1/2014]
(3) To avoid doubt, Divisions 4 and 5 do not apply when a sentence is remitted under subsection (2)(b).[1/2014]
(4) Where a prisoner to whom this section applies has served 20 years of the prisoner’s sentence and the Commissioner is not required under section 50I to make a remission order in respect of the prisoner, the Minister must review the prisoner’s case in accordance with section 50J and may, in the Minister’s discretion, direct the Commissioner to make a remission order under section 50J.[1/2014]
(5) For the purposes of subsection (4), where a prisoner has served 20 years or more of the prisoner’s sentence on 1 July 2014, the Minister must review the prisoner’s case in accordance with section 50J as soon as practicable after 1 July 2014.[1/2014]
(6) When the Commissioner is directed by the Minister to make a remission order under section 50J read with subsection (4), Division 2 applies except that the remainder of the prisoner’s sentence is to be worked out as follows instead of in accordance with section 50K(3):(a)
first, work out the portion (in days) of the prisoner’s sentence that has not been served;
(b)
second, work out the portion (in days) of the prisoner’s sentence —(i)
starting on the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J; and
(ii)
ending on the day the prisoner would have been released from prison if no remission order was made in respect of him or her;
(c)
third, subtract the portion of the prisoner’s sentence worked out under paragraph (b) from the portion of the prisoner’s sentence worked out under paragraph (a).[1/2014]
(7) The portion of the prisoner’s sentence worked out under subsection (6)(b) is to be remitted upon the making of the remission order.Illustration
A prisoner is sentenced to 36 years’ imprisonment for various offences, all of which were committed before 1 July 2014. The sentence is ordered to take effect from 1 January 2013. While serving imprisonment the prisoner is sentenced to forfeiture of one month’s remission for a prison offence. The Minister reviews the prisoner’s case on 1 January 2033, when the prisoner has served 20 years of the prisoner’s sentence and directs the Commissioner to make a remission order under section 50J on the same date. The Commissioner would have been required to make a remission order under section 50I in respect of that prisoner on 1 February 2037, when the prisoner has served 24 years (comprising two‑thirds of his or her sentence) and one month (comprising the forfeiture of remission) of his or her sentence. Consequent to the remission order under section 50J, the prisoner’s sentence will be remitted save for a term of 4 years one month, which is the length of the period between the date of the remission order under section 50J and the date on which the Commissioner would have been required to make a remission order under section 50I. The term of 4 years one month will be suspended, and will be remitted upon the expiry of the remission order.
[1/2014]
50ZE.—(1) This section applies to a prisoner whose sentence of imprisonment (not including any default sentence) consists of terms of imprisonment imposed for offences committed both before 1 July 2014, and on or after 1 July 2014.[1/2014]
(2) The prisoner is, upon the prisoner’s admission to prison, entitled to have his or her sentence remitted in accordance with Division 2 as modified by subsections (3), (4), (5) and (6).[1/2014]
(3) When a remission order is made by the Commissioner under section 50I in respect of a prisoner to whom this section applies, the remainder of the prisoner’s sentence is to be worked out as follows instead of in accordance with section 50K(2) or (3), as the case may be:(a)
first, work out the portion (in days) of the prisoner’s aggregate sentence that has not been served;
(b)
second, apportion the total time (in days) the prisoner spent serving his or her aggregate sentence among each of his or her consecutive terms of imprisonment (including default sentences) such that each sentence is served in the same proportion;
(c)
third, work out the portion (in days) of any default sentence which has not been served under paragraph (b);
(d)
fourth, for an offence committed before 1 July 2014, work out the portion (in days) of the sentence which has not been served under paragraph (b);
(e)
fifth, add the portions of the prisoner’s sentences worked out under paragraphs (c) and (d);
(f)
sixth, subtract the portion of the prisoner’s sentences worked out under paragraph (e) from the portion of the prisoner’s sentence worked out under paragraph (a).Illustration
A prisoner is sentenced to 9 years’ imprisonment for offence A, committed before 1 July 2014, and 6 years’ imprisonment for offence B, committed after 1 July 2014. Offence B is not an offence under section 50Y(1) and the sentence for offence B does not include any enhanced sentence under section 50T(1)(a). The sentences are ordered to run consecutively and to take effect from 1 January 2015. The Commissioner makes a remission order under section 50I on 1 January 2025, the day after the day where the prisoner has served two‑thirds of his or her sentence. The time the prisoner spent serving his or her sentence (10 years) will be apportioned between offences A and B such that the prisoner has served the same proportion of each sentence, i.e. 6 years of the sentence for offence A and 4 years of the sentence for offence B. The portion of the sentence for offence A which has not been served (3 years) will be remitted. The portion of the sentence for offence B which has not been served (2 years) will be the remainder of the prisoner’s sentence, which is suspended until the remission order expires, whereupon it will be remitted.
[1/2014]
(4) Where a prisoner has served 20 years or more of his or her sentence on 1 July 2014, the Minister must review the prisoner’s case in accordance with section 50J as soon as practicable after 1 July 2014.[1/2014]
(5) If the Minister directs the Commissioner to make a remission order under section 50J, the remainder of the prisoner’s sentence is to be worked out as follows instead of in accordance with section 50K(4):(a)
first, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served —(i)
starting on the date of the remission order made under section 50J; and
(ii)
ending on the day immediately before the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J;
(b)
second, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served —(i)
starting on the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J; and
(ii)
ending on the day the prisoner would have been released from prison had no remission order was made in respect of the prisoner;
(c)
third, apportion the portion of the prisoner’s aggregate sentence worked out under paragraph (b) between each consecutive term of imprisonment (including default sentences) to which the prisoner was sentenced such that the same proportion of each sentence has not been served;
(d)
fourth, work out the portion (in days) of all sentences (other than default sentences) for offences committed on or after 1 July 2014 as apportioned under paragraph (c);
(e)
fifth, add the portion of the prisoner’s sentence worked out under paragraph (a) to the portion of the prisoner’s sentence worked out under paragraph (d).Illustration
A prisoner is sentenced to 18 years’ imprisonment for offence A, committed before 1 July 2014, and 15 years’ imprisonment for offence B, committed after 1 July 2014. Offence B is not an offence under section 50Y(1) and the sentence for offence B does not include any enhanced sentence under section 50T(1)(a). The sentences are ordered to run consecutively and to take effect from 1 January 2015. The Minister reviews the prisoner’s case on 1 January 2035, when the prisoner has served 20 years of his or her sentence and directs the Commissioner to make a remission order under section 50I on the same date. The Commissioner would have been required to make a remission order under section 50I on 1 January 2037, when the prisoner has served 22 years (two‑thirds) of his or her sentence. If the prisoner had continued to serve his or her sentence until the Commissioner made a remission order on that date, the portion of the prisoner’s sentence of 33 years which would have not been served would be 11 years. This would be apportioned proportionally between the sentences for offences A and B, such that 6 years of the sentence for offence A has not been served and 5 years for offence B has not been served. The portion for offence A which has not been served (6 years) will be remitted. The portion for offence B (5 years) which has not been served will be added to the portion of the prisoner’s sentence from the date on which the Minister directs the Commissioner to make the remission order under section 50I to the day on which the Commissioner would have been required to make a remission order under section 50I (2 years). The aggregate term (7 years) so determined would be suspended and would be remitted when the remission order expires.
[1/2014]
(6) The following portions of a prisoner’s sentence are remitted:(a)
the portion of any default sentence as worked out under subsection (3)(c) or (5)(c);
(b)
the portion of any sentence for an offence committed before 1 July 2014, as worked out under subsection (3)(d) or (5)(c).[1/2014]
50ZF.—(1) To avoid doubt —(a)
Division 4 applies to a prisoner mentioned in section 50ZC who is released under a remission order made under section 50I or 50J read with the provisions of this Division; and
(b)
Division 5 applies to a prisoner mentioned in section 50ZC —(i)
who is released under a remission order made under section 50I or 50J read with the provisions of this Division; and
(ii)
to whom section 50U applies.[1/2014]
(2) Division 5 also applies to a prisoner mentioned in section 50ZC —(a)
who is released under a remission order made under section 50J read with the provisions of this Division; and
(b)
to whom section 50U would apply if any of the offences he or she committed before 1 July 2014 had been committed on 1 July 2014.[1/2014]
50ZG.—(1) Where —(a)
a prisoner subject to an SPP (other than a prisoner mentioned in paragraph (b)) has served two-thirds of the SPP; or
(b)
a prisoner is eligible for release under section 50ZN(8)(c)(iii) or (d)(iii) or (10),
the Minister must consider whether to release the prisoner on licence and may, after such consideration, order the release of the prisoner on licence.
(2) Where —(a)
a prisoner subject to an SEPP has served the minimum period of custody for the SEPP as specified by a court under section 304B(3)(a) of the Criminal Procedure Code 2010; or
(b)
a prisoner is eligible for release under section 50ZO(2)(c) or (3)(b)(ii),
the Minister must consider whether to release the prisoner on licence and may, after such consideration, order the release of the prisoner on licence.
(3) Where in relation to any prisoner subject to an SPP, the Minister or any office-holder designated by the Minister under subsection (9) has decided —(a)
not to make a release order under subsection (1); or
(b)
to revoke any release order under section 50ZL,
the Minister or any office-holder designated by the Minister under subsection (9) (whether or not the same office-holder who made the original decision) must, at intervals not exceeding 12 months each, consider whether to release the prisoner on licence, and may make a release order after such consideration.
(4) Where in relation to any prisoner subject to an SEPP, the Minister has decided —(a)
not to make a release order under subsection (2); or
(b)
to revoke any release order under section 50ZL,
the Minister must, at intervals not exceeding 12 months each, consider whether to release the prisoner on licence, and may make a release order after such consideration.
(5) Despite subsection (1), (2), (3) or (4), any prisoner subject to an SPP or SEPP —(a)
in respect of whom a release order has been made under any of those subsections and who had, before the release order was made, been ordered to undergo any punishment mentioned in section 70(1)(a), 71(1)(b) or 74(2)(a), must only be released after the prisoner has undergone the punishment; or
(b)
in respect of whom a release order has been made under any of those subsections and who had, before the release order was made, been punished under section 70(1)(f), 71(1)(e) or 74(2)(d) with the postponement of the date on which the prisoner may be released on a release order, must only be released on the date so postponed.
(6) The duration of a release order is as follows:(a)
for an SPP — a period starting on the date that the prisoner is released on the release order and ending at the expiry of the SPP;
(b)
for an SEPP — a period starting on the date that the prisoner is released on the release order and extending to the end of the natural life of the prisoner.
(7) In relation to a prisoner subject to an SEPP —(a)
at any time after the minimum period of custody for the SEPP as specified by a court under section 304B(3)(a) of the Criminal Procedure Code 2010, the Minister may release the prisoner unconditionally; and
(b)
the SEPP expires if the prisoner is so released.
(8) A prisoner released on licence under this section is deemed to be in the legal custody of the Superintendent of that prison from where the prisoner is released.
(9) The Minister may designate any of the following office-holders in his or her Ministry to make an order under subsection (1) releasing a prisoner on licence or to revoke a release order made in respect of such prisoner under section 50ZL:(a)
the Second Minister, if any;
(b)
any Minister of State or a Senior Minister of State;
(c)
any Parliamentary Secretary or a Senior Parliamentary Secretary.[Act 5 of 2024 wef 31/07/2026]
s 50ZHExtension of date of expiry of SPP when prisoner subject to SPP is unlawfully at large, etc.Open ↗
50ZH.—(1) Where a prisoner subject to an SPP —(a)
is released on a release order;
(b)
is recalled under a notice of recall to prison under section 50ZK or 50ZL; and
(c)
fails to report at such prison and on such date specified in the notice of recall,
the date on which the SPP would have expired (if not for this subsection) is extended by a period equivalent to the period the prisoner remains unlawfully at large after the date so specified in the notice of recall.
(2) Where —(a)
a court issues a warrant of arrest against a prisoner subject to an SPP who is released on a release order while the release order is still in effect; and
(b)
the prisoner remains at large after the warrant is issued,
the date on which the SPP would have expired (if not for this subsection) is extended by a period equivalent to the period between the date the warrant is issued and the date of his or her arrest.
(3) Where a prisoner subject to an SPP —(a)
is released on a release order; and
(b)
is otherwise unlawfully at large while the prisoner’s release order is still in effect,
the date on which the SPP would have expired (if not for this subsection) is extended by a period equivalent to the period the prisoner is unlawfully at large.
Illustration
The Minister makes a release order in respect of a prisoner subject to an SPP on 1 January 2025. The release order expires at the end of the day on 31 December 2030, i.e., the date of expiry of the SPP in accordance with section 50ZG(6)(a). After the prisoner is released, the Commissioner issues a notice of recall to the prisoner under section 50ZK, requiring the prisoner to report at a specified prison on 15 December 2030. The prisoner remains unlawfully at large and only reports at the specified prison on 14 January 2031, i.e., 30 days later. Since the prisoner was unlawfully at large for 30 days, the date of expiry of the SPP is extended by 30 days. The SPP will now expire at the end of the day on 30 January 2031.
[Act 5 of 2024 wef 31/07/2026]
50ZI.—(1) The Commissioner may, in accordance with this section and for the purpose of facilitating a prisoner’s rehabilitation and reintegration into society, require a prisoner subject to a release order to comply with the conditions specified in subsection (3).
(2) The Commissioner may, by written notice, require a prisoner to comply with all or any of the conditions specified in subsection (3) at any time while the prisoner is subject to the release order.
(3) The conditions are as follows:(a)
the prisoner subject to the release order must attend any such counselling, therapy, test, assessment and other activity for the purpose of facilitating the prisoner’s rehabilitation and reintegration into society as the Commissioner may require, at any time and place that the Commissioner may specify in the notice under subsection (2);
(b)
the prisoner must report to provide a specimen of his or her urine or hair for testing at any time and place that the Commissioner may specify in the notice under subsection (2);
(c)
the prisoner must remain indoors at the prisoner’s place of residence, or at any other place that the Commissioner may specify, at any time that the Commissioner may specify in the notice under subsection (2);
(d)
the prisoner must allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence or any other place the prisoner is required to remain at to determine his or her compliance with any of the conditions or for any purpose relating to his or her rehabilitation;
(e)
the prisoner must not consume any controlled drug, psychoactive substance or specified psychoactive substance, or use or inhale any intoxicating substance;[Act 9 of 2026 wef 31/07/2026]
(f)
the prisoner must not have in the prisoner’s possession any controlled drug or psychoactive substance;
(fa)
the prisoner must not have in the prisoner’s possession any Part 3A product that contains a specified psychoactive substance;[Act 9 of 2026 wef 31/07/2026]
(g)
to enable the electronic monitoring of the prisoner’s whereabouts, the prisoner must —(i)
wear any electronic monitoring device issued by the Commissioner on any part of his or her person that the Commissioner may specify in the notice under subsection (2);
(ii)
allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence or any other place the prisoner is required to remain at, to install, maintain, repair or retrieve any electronic monitoring device;
(iii)
comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to the prisoner or installed at the prisoner’s place of residence or any other place the prisoner is required to remain at;
(iv)
comply with all reporting requirements imposed on him or her; and
(v)
not tamper with any electronic monitoring device issued to the prisoner or installed at the prisoner’s place of residence or any other place the prisoner is required to remain at, or otherwise prevent or obstruct the electronic monitoring of the prisoner’s whereabouts;
(h)
the prisoner must comply with a notice of recall served on him or her under section 50ZK or 50ZL;
(i)
the prisoner must comply with any other conditions for the purpose of facilitating his or her rehabilitation and reintegration into society that the Commissioner may specify in the notice under subsection (2);
(j)
the prisoner must not commit any offence during the period that he or she is released on licence.
(4) The Commissioner may, at any time by notice served on a particular prisoner subject to a release order —(a)
vary, cancel or add to any condition specified in the notice under subsection (2); or
(b)
waive, in any particular case, any of the conditions specified in the notice under subsection (2).
(5) The notice mentioned in subsection (4) must be served —(a)
by delivering it personally to the prisoner; or
(b)
by any other means that may be prescribed.[Act 5 of 2024 wef 31/07/2026]
50ZJ. A prisoner subject to a release order is not required to comply with any condition of the release order —(a)
while he or she is admitted to and detained in an approved institution under the Misuse of Drugs Act 1973;
(b)
while he or she is detained under the Criminal Law (Temporary Provisions) Act 1955;
(c)
while he or she is imprisoned or otherwise in custody or detained under any other written law;
(d)
to the extent that such condition is inconsistent with any condition of a supervision order made under the Misuse of Drugs Act 1973 in respect of the person;
(e)
to the extent that such condition is inconsistent with any condition of a supervision order made under the Criminal Law (Temporary Provisions) Act 1955 in respect of the person; or
(f)
in any other situations that may be prescribed.[Act 5 of 2024 wef 31/07/2026]
50ZK.—(1) If the Commissioner has reason to suspect that a prisoner subject to a release order has failed to comply with any condition of the release order, has committed a prison offence, or has committed any offence while the release order is in effect, the Commissioner may —(a)
make such inquiry as may be necessary to ascertain whether the prisoner has failed to comply with any condition of the release order, has committed a prison offence, or has committed any offence while the release order is in effect; and
(b)
recall the prisoner to prison pending the completion of the inquiry.
(2) If a prisoner is recalled to prison under subsection (1)(b), the period of the release order to which the prisoner is subject continues to run, despite the prisoner being recalled to prison, unless the release order is revoked under section 50ZL or is suspended under section 50ZM.
(3) Where the Commissioner is satisfied after due inquiry that the prisoner has failed to comply with any condition of the release order, has committed a prison offence, or has committed any offence while the release order is in effect, the Commissioner may —(a)
if the prisoner has not already been recalled under subsection (1)(b), recall the prisoner to prison for a period of not more than 14 days, not including any period the prisoner is ordered to undergo any punishment under section 70(1)(a) or 71(1)(b); or
(b)
if the prisoner has already been recalled under subsection (1)(b), extend the period of recall for a further period of not more than 14 days, not including any period that the prisoner —(i)
was so recalled before the extension; or
(ii)
was ordered to undergo any punishment under section 70(1)(a) or 71(1)(b).
(4) The Commissioner may recall a prisoner to prison under subsection (1)(b) or (3)(a) by serving on him or her a notice of recall in accordance with subsection (5).
(5) The notice of recall in subsection (4) —(a)
must be served —(i)
by delivering it personally to the prisoner; or
(ii)
by any other means that may be prescribed;
(b)
may be served by a prison officer, a police officer or an auxiliary police officer; and
(c)
must —(i)
specify the prison to which the prisoner is to report;
(ii)
specify the date and time the prisoner is required to report to the specified prison; and
(iii)
specify, in days, the number of days for which the prisoner is recalled.[Act 5 of 2024 wef 31/07/2026]
50ZL.—(1) If the Commissioner is satisfied after due inquiry that —(a)
a prisoner subject to a release order failed to return to prison after he or she was recalled to prison under section 50ZK(1)(b) or (3)(a);
(b)
a prisoner subject to a release order failed to comply with any of the conditions of the release order;
(c)
a prisoner subject to a release order committed any prison offence or any offence while being subject to a release order;
(d)
the whereabouts of a prisoner subject to a release order can no longer be electronically monitored at the prisoner’s place of residence, or at such other place or places at which the prisoner is required to remain under the conditions of the release order; or
(e)
it is necessary in the public interest for the prisoner subject to a release order to be re-detained in prison,
the Commissioner may report the outcome of such due inquiry to the Minister, and the Minister may (upon receiving such report) revoke the release order.
(2) If the Minister revokes a release order to which a prisoner is subject under subsection (1), the Commissioner may recall the prisoner to prison by serving on him or her a notice of recall in accordance with subsection (3).
(3) The notice of recall in subsection (2) —(a)
must be served —(i)
by delivering it personally to the prisoner; or
(ii)
by any other means that may be prescribed;
(b)
may be served by a prison officer, a police officer or an auxiliary police officer; and
(c)
must —(i)
specify the prison to which the prisoner is to report; and
(ii)
specify the date and time the prisoner is required to report to the specified prison.[Act 5 of 2024 wef 31/07/2026]
50ZM. Where a prisoner subject to an SPP or SEPP is released on a release order and is punished with any punishment under section 70(1)(a) or 71(1)(b), or is recalled to prison under section 50ZK(3)(a), or is subject to a further period of recall under section 50ZK(3)(b), the release order may, unless revoked under section 50ZL, be suspended for any of the following periods:(a)
the period that the prisoner is ordered to undergo punishment under section 70(1)(a) or 71(1)(b), starting on the date on which the prisoner undergoes such punishment;
(b)
the period that the prisoner is recalled to prison under section 50ZK(3)(a), or the further period of recall mentioned in section 50ZK(3)(b), starting on the date on which the prisoner is confined in prison pursuant to such recall;
(c)
the sum of the periods mentioned in paragraphs (a) and (b).[Act 5 of 2024 wef 31/07/2026]
50ZN.—(1) Where a prisoner subject to an SPP who is released on a release order commits an offence when so released, and a sentence of imprisonment (not including a default sentence) or an SPP is imposed for that offence on the prisoner, the court must, in addition to imposing any such sentence on the prisoner, impose an enhanced sentence of imprisonment for that offence for a term not exceeding the remaining duration of the release order, as determined based on the date of commission of the offence.
(2) Where a prisoner subject to an SPP is released on a release order and commits 2 or more offences when so released —(a)
the court must, subject to subsection (3), in addition to imposing any sentence on the prisoner for those offences, impose an enhanced sentence under subsection (1) for each of those offences; and
(b)
the aggregate length of all the enhanced sentences imposed under subsection (1) for each of those offences must not exceed the remaining duration of the release order, as determined based on the date of commission of the earliest offence.
(3) If in relation to a prisoner subject to an SPP who commits 2 or more offences when released on a release order —(a)
a court has already imposed one or more enhanced sentences under subsection (1) for one or more of the offences committed by the prisoner when so released; and
(b)
the enhanced sentence, or the aggregate length of the enhanced sentences, is equivalent to the remaining duration of the release order, as determined based on the date of commission of the earliest offence,
the court is not required to impose an enhanced sentence for any other offence committed by the prisoner when so released and for which the prisoner is subsequently convicted.
Illustration
A, being a prisoner subject to an SPP, is released on a release order on 1 February 2028. The release order expires at the end of the day on 31 January 2030. On 1 November 2029, A commits the offence of theft. On 1 December 2029, A commits another offence of theft. The 2 offences are dealt with in separate trials. For the first offence committed on 1 November 2029, A is sentenced to 6 months’ imprisonment and an enhanced sentence of 3 months. Since the enhanced sentence imposed for the first offence amounted to the remaining duration of the release order for which the prisoner is released on licence (i.e., the period of 3 months starting on 1 November 2029 and ending at the end of the day on 31 January 2030), when A is subsequently convicted for the second offence committed on 1 December 2029 in a separate trial, the court does not have to impose any enhanced sentence in relation to the second offence.
(4) In deciding the length of any enhanced sentence to be imposed under subsection (1) or (2) with respect to any offence, the court is to consider —(a)
the gravity of the offence;
(b)
whether the offence is of a similar nature to the offence for which the prisoner released on a release order was originally sentenced;
(c)
the length of time for which the prisoner did not commit any offence after being released on a release order; and
(d)
all other relevant circumstances.
(5) For the purpose of this section, any extension of the date of expiry of an SPP under section 50ZH in relation to a prisoner subject to a release order after the date of an offence committed by the prisoner is to be disregarded in determining the remaining duration of a prisoner’s release order based on the date of the offence.
(6) Where a prisoner subject to an SPP is released on a release order and any sentence of imprisonment and any enhanced sentence under subsection (1) or (2) is imposed by a court for any offence or offences committed by the prisoner after the prisoner is so released, the SPP does not expire, but runs concurrently with those sentences.
(7) Despite any provision in any written law, a term of imprisonment imposed on any prisoner as an enhanced sentence under subsection (1) or (2) must run consecutively to all other terms of imprisonment or an SPP imposed on the prisoner.
(8) Where in relation to any prisoner subject to an SPP, any sentence of imprisonment and any enhanced sentence under subsection (1) or (2) are imposed (called in this subsection the relevant sentences) by a court for any offence or offences committed by the prisoner after the prisoner is released on a release order, the following apply:(a)
the release order lapses when the prisoner starts serving the relevant sentences;
(b)
if, applying section 50I, the date the Commissioner must make a remission order in respect of that prisoner falls on or after the expiry of the SPP, the remission order must be made on that date and Part 5B applies in relation to the remission order so made;Illustration
An SPP is imposed on A for a period of 18 years. The SPP starts on 1 March 2024. Under section 50ZG(1), the Minister releases A under a release order on 1 March 2036 (i.e., after A has completed two-thirds of the SPP). One year after A has been released on the release order (i.e., 1 March 2037), A commits an offence. A is sentenced to 21 years’ imprisonment for that offence and (as required by section 50ZN(1)) an enhanced sentence of 5 years (being the period amounting to the remaining duration of the release order, as determined based on the date of commission of the offence). The sentence of imprisonment and enhanced sentence are ordered to commence on 1 March 2037, the date of commission of the offence. Applying subsection (7) and section 50I, a remission order must be made on 1 March 2056, after A has served the enhanced sentence of 5 years (which is to run consecutively with any other term of imprisonment or SPP as provided in section 50ZN(7)) and an imprisonment term of 14 years (i.e., two-thirds of the imprisonment term of 21 years). Since the date falls after the expiry of the SPP, the Commissioner must make a remission order on 1 March 2056 and Part 5B will apply in relation to the remission order so made.
(c)
if —(i)
section 50I had been applied, and the date the Commissioner would have made a remission order in respect of the prisoner falls within the period that the SPP is in effect; and
(ii)
the date on which the prisoner would have completed serving the relevant sentences if no remission order is made under section 50I falls within the period that the SPP is in effect,
then —
(iii)
the prisoner is eligible to be released on a release order again under the SPP on the date mentioned in sub-paragraph (i);
(iv)
despite section 50I, no remission order is required to be made by the Commissioner under that section; and
(v)
the person is deemed to have served the remaining period of the relevant sentences, being the period starting on the date mentioned in sub-paragraph (i) and ending on the date mentioned in sub-paragraph (ii);Illustration
An SPP is imposed on A for a period of 18 years. The SPP starts on 1 March 2024. Under section 50ZG(1), the Minister releases A under a release order on 1 March 2036 (i.e., after A has completed two-thirds of the SPP). One year after A has been released on the release order (i.e., 1 March 2037), A commits an offence. A is sentenced to one and a half years’ imprisonment for that offence and (as required by section 50ZN(1)) an enhanced sentence of one year. The sentence of imprisonment and the enhanced sentence are ordered to commence on 1 March 2037, the date of commission of the offence. If section 50I had been applied, the Commissioner must make a remission order in respect of A after A had completed serving the enhanced sentence of one year and two-thirds of the imprisonment term to which A was sentenced, i.e., on 1 March 2039. However, since 1 March 2039 falls within the period that the SPP is still in effect, A may instead be released on a release order on 1 March 2039. Despite section 50I, no remission order is required to be made by the Commissioner on 1 March 2039. A is deemed to have served the remaining period of the sentence of imprisonment and enhanced sentence (being the period between the date that A may be released on a release order (i.e., 1 March 2039) and the date that A would have completed serving the sentence of imprisonment and enhanced sentence if no remission order is made (i.e., at the end of the day on 31 August 2039)) at the end of that remaining period.
(d)
if —(i)
section 50I had been applied, and the date the Commissioner would have made a remission order in respect of the prisoner falls within the period that the SPP is in effect; and
(ii)
the date on which the prisoner would have completed serving the relevant sentences if no remission order is made under section 50I falls after the period that the SPP is in effect,
then —
(iii)
the prisoner is eligible to be released on a release order again under the SPP on the date mentioned in sub-paragraph (i);
(iv)
despite section 50I, the Commissioner is only required to make a remission order in respect of the prisoner immediately after the date of expiry of the SPP;
(v)
the prisoner is deemed to have served the period of the relevant sentences starting on the date mentioned in sub-paragraph (i) and ending on the date of expiry of the SPP; and
(vi)
for the purposes of application of sections 50K, 50L, 50M, 50N and 50U in relation to the prisoner, any reference to a remission order made under section 50I in those provisions is deemed to be a reference to a remission order made in accordance with sub-paragraph (iv).Illustration
An SPP is imposed on A for a period of 18 years. The SPP starts on 1 March 2024. Under section 50ZG(1), the Minister releases A under a release order on 1 March 2036 (i.e., after A has completed two-thirds of the SPP). One year after A has been released on the release order (i.e., 1 March 2037), A commits an offence. A is sentenced to 4 and a half years’ imprisonment for that offence and (as required by section 50ZN(1)) an enhanced sentence of one year. The sentence of imprisonment and enhanced sentence are ordered to commence on 1 March 2037, the date of commission of the offence. If section 50I had been applied, the Commissioner must make a remission order in respect of A after A had completed serving the enhanced sentence of one year and two-thirds of the imprisonment term to which A was sentenced, i.e., on 1 March 2041. However, since 1 March 2041 falls within the period that the SPP is still in effect, A may instead be released on a release order on 1 March 2041. The Commissioner is only required to make a remission order in respect of the prisoner immediately after the date of expiry of the SPP. Despite section 50I, no remission order is required to be made by the Commissioner on 1 March 2041. A is deemed to have served the remaining period of the sentence of imprisonment and enhanced sentence imposed on A (being the period between the date that A may be released on a release order (i.e., 1 March 2041) and the date of expiry of the SPP (i.e., at the end of the day on 28 February 2042)) at the end of that remaining period.
(9) Where a prisoner subject to an SPP is sentenced to the following sentences for any offence or offences committed while the prisoner is released on a release order:(a)
another SPP and any enhanced sentence imposed under subsection (1) or (2);
(b)
any SEPP,
the SPP in respect of which the prisoner was released on a release order ceases to have effect.
(10) Where —(a)
a prisoner subject to an SPP is released on a release order;
(b)
the prisoner commits one or more offences while the prisoner is so released; and
(c)
an SPP (called in this subsection the subsequent SPP) and an enhanced sentence are imposed by a court under subsection (1) or (2) for the offence or offences,
the prisoner is eligible to be released on a release order again under the subsequent SPP only after the prisoner has completed serving the aggregate of the following:
(d)
all terms of imprisonment to which the prisoner was sentenced as an enhanced sentence under subsection (1) or (2);
(e)
two-thirds of the subsequent SPP.[Act 5 of 2024 wef 31/07/2026]
50ZO.—(1) Where a prisoner subject to an SEPP is released on a release order and is sentenced by a court for any offence or offences committed by the prisoner after the prisoner is so released —(a)
if the sentence imposed by the court is a sentence of imprisonment (other than life imprisonment) or an SPP, the SEPP does not expire but runs concurrently with the sentence imposed by the court; or
(b)
if the sentence imposed by the court is a sentence of life imprisonment or an SEPP, the SEPP under which the prisoner is so released ceases to have effect.
(2) Where in relation to any prisoner subject to an SEPP, any sentence of imprisonment (not being life imprisonment) is imposed by a court for any offence or offences committed by the prisoner after the prisoner is released on a release order, then —(a)
the release order lapses when the prisoner starts serving the sentence;
(b)
despite section 50I, no remission order is required to be made by the Commissioner under that section in respect of the prisoner;
(c)
the prisoner is eligible to be released on a release order again under the SEPP on the earlier of the following dates:(i)
if section 50I had been applied, the date the Commissioner would have made a remission order in respect of the prisoner;
(ii)
the day after the prisoner has served 20 years of his or her sentence; and
(d)
on the date that the prisoner is released on a release order again under the SEPP, the remainder of the prisoner’s sentence of imprisonment imposed by the court is remitted, being the period —(i)
starting on the date the prisoner is so released; and
(ii)
ending at the end of the day on which the prisoner would have completed serving his or her entire sentence of imprisonment if the prisoner had not been so released.Illustration
An SEPP is imposed on A on 1 March 2024 and the minimum period of custody that A must be detained in prison as specified by a court under section 304B(3)(a) of the Criminal Procedure Code 2010 is 12 years. Upon the expiry of the specified period, A is released under a release order (i.e., 1 March 2036). One year after A has been released on the release order (i.e., 1 March 2037), A commits an offence. A is sentenced to 6 years’ imprisonment for that offence and the sentence starts on 1 March 2037. If section 50I had been applied, the date the Commissioner must make a remission order is the date after A had served two-thirds of the sentence of imprisonment (i.e., on 1 March 2041). Therefore, A is eligible to be released on a release order again under the SEPP on 1 March 2041.
(3) Where in relation to any prisoner subject to an SEPP, an SPP is imposed by a court in respect of any offence or offences committed by the prisoner after the prisoner is released on a release order, then —(a)
the release order under the SEPP to which the prisoner is subject lapses when the prisoner starts serving the sentence of the SPP; and
(b)
on the date that the prisoner would be eligible to be released on a release order made in relation to the SPP in accordance with section 50ZG(1) —(i)
the SPP ceases to have effect;
(ii)
the prisoner is eligible to be released on a release order again under the SEPP; and
(iii)
the prisoner may not be released unconditionally under section 50ZG(7) until the day the prisoner would have completed serving the entire term of the SPP if not for sub-paragraph (i).Illustration
An SEPP is imposed on A on 1 March 2024 and the minimum period of custody that A must be detained in prison as specified by a court under section 304B(3)(a) of the Criminal Procedure Code 2010 is 12 years. Upon the expiry of the specified period, A is released under a release order (i.e., 1 March 2036). One year after A has been released on the release order (i.e., 1 March 2037), A commits an offence. An SPP of 12 years is imposed on A, which starts on 1 March 2037. After A has served two-thirds of the SPP, the SPP ceases to have effect and A is eligible to be released on a release order again under the original SEPP.
[Act 5 of 2024 wef 31/07/2026]
50ZP. A police officer of or above the rank of Assistant Superintendent of Police or a police officer authorised by him or her may —(a)
enter and search a place without a warrant to effect the arrest of any prisoner who has failed to return to prison after —(i)
the prisoner is recalled under section 50ZK; or
(ii)
the release order to which the prisoner is subject is revoked under section 50ZL; and
(b)
in order to effect an entrance into that place, break open any outer or inner door or window of that place if he or she cannot otherwise obtain admittance to that place.[Act 5 of 2024 wef 31/07/2026]
PART 6 — HOME DETENTION SCHEME
51. In this Part —[Deleted by Act 6 of 2022 wef 02/09/2022]
[Deleted by Act 6 of 2022 wef 02/09/2022]
“Superintendent”, in relation to a prisoner, means the Superintendent of the prison from which the prisoner had been released for home detention.[1/2014]
52. Subject to section 53, the Commissioner may, for the purpose of facilitating a prisoner’s rehabilitation and reintegration into society, by order release a prisoner who is eligible for home detention for a period not exceeding 12 months or any other period that the Minister may, by notification in the Gazette, prescribe in substitution thereof.[1/2014]
53.—(1) A prisoner is eligible to be released for home detention under section 52 if —(a)
the prisoner is serving a sentence of imprisonment for a term of not less than 4 weeks or any other period that the Minister may, by notification in the Gazette, prescribe in substitution thereof;
(b)
the prisoner has served not less than 14 days of his or her sentence of imprisonment or any other period that the Minister may, by notification in the Gazette, prescribe in substitution thereof; and
(c)
the prisoner is not a prisoner specified under the Second Schedule as being disqualified from being released for home detention under section 52.[33/2004; 1/2014]
(2) The disqualification of a prisoner under subsection (1)(c) may be removed by the Minister if the Minister considers that the prisoner is deserving of home detention, having regard to the circumstances of the case, including the following factors:(a)
the prisoner’s progress and response to rehabilitation in prison;
(b)
the prisoner’s family support;
(c)
the risk of recidivism by the prisoner.[33/2004]
(3) For the purpose of subsection (1)(a), the total consecutive periods of imprisonment of whatever nature is treated as one sentence.
54.—(1) A prisoner subject to a home detention order must —(a)
attend any such counselling, therapy, test, assessment, and other activity for the purpose of facilitating his or her rehabilitation and reintegration into society as the Commissioner may require, at any time and place that the Commissioner may specify;
(b)
report to provide a specimen of his or her urine or hair for testing at any time and place that the Commissioner may specify;
(c)
remain indoors at his or her place of residence, or at any other place that the Commissioner may specify, at any time that the Commissioner may specify;
(d)
allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place the prisoner is required to remain at, to determine his or her compliance with any condition of the home detention order or for any purpose relating to his or her rehabilitation;
(da)
not consume any controlled drug, psychoactive substance, specified psychoactive substance or alcoholic beverage, or use or inhale any intoxicating substance;[Act 6 of 2022 wef 02/09/2022]
[Act 12 of 2023 wef 01/06/2024]
[Act 9 of 2026 wef 01/05/2026]
(db)
not have in the prisoner’s possession any controlled drug or psychoactive substance;[Act 6 of 2022 wef 02/09/2022]
[Act 12 of 2023 wef 01/06/2024]
(dc)
not have in the prisoner’s possession any Part 3A product that contains a specified psychoactive substance;[Act 9 of 2026 wef 01/05/2026]
(e)
to enable the electronic monitoring of the prisoner’s whereabouts —(i)
wear any electronic monitoring device issued by the Commissioner on any part of his or her person that the Commissioner may specify;[Act 5 of 2024 wef 31/07/2026]
(ii)
allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place he or she is required to remain at, to install, maintain, repair or retrieve any electronic monitoring device;
(iii)
comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to the prisoner or installed at his or her place of residence or any other place he or she is required to remain at;
(iv)
comply with all reporting requirements imposed on him or her; and
(v)
not tamper with any electronic monitoring device issued to the prisoner or installed at the prisoner’s place of residence, or any other place the prisoner is required to remain at, or otherwise prevent or obstruct the electronic monitoring of his or her whereabouts; and
(f)
comply with such other conditions as the Commissioner may specify in the order.[1/2014]
(2) The Commissioner may at any time by written order served on the prisoner subject to a home detention order —(a)
vary, cancel or add to any of the conditions specified in subsection (1); or
(b)
exempt the prisoner from any of the conditions specified in subsection (1).[1/2014]
(3) The order mentioned in subsection (2) must be served —(a)
by delivering it personally to the prisoner; or
(b)
by any other means that may be prescribed.[Act 6 of 2022 wef 02/09/2022]
55. Where a home detention order is in force in respect of a prisoner —(a)
the prisoner is deemed to be serving his or her sentence of imprisonment;
(b)
the prisoner is deemed to be in the lawful custody of the Superintendent; and
(c)
the prisoner is entitled to earn remission in respect of the period of imprisonment which is served under the order.
56.—(1) If a Superintendent has reason to suspect that a prisoner has failed to comply with any of the conditions of the home detention order, or has committed any offence while being subject to a home detention order, the Superintendent may —(a)
make such inquiry as may be necessary to ascertain whether the prisoner has failed to comply with any of the conditions of the home detention order or committed any offence while being subject to the order; and[Act 6 of 2022 wef 02/09/2022]
(b)
recall the prisoner to prison pending the completion of the inquiry.[Act 6 of 2022 wef 02/09/2022]
(2) The period of the home detention order of a prisoner who is recalled to prison under subsection (1)(b) continues to run, despite the fact that the prisoner is recalled to prison, unless the order is revoked under section 57 or suspended under section 58.
57.—(1) If the Commissioner is satisfied after due inquiry that —(a)
a prisoner failed to return to prison after he or she was recalled to prison under section 56(1)(b);
(b)
a prisoner failed to comply with any of the conditions of the home detention order;
(c)
a prisoner committed any offence while being subject to a home detention order;[Act 6 of 2022 wef 02/09/2022]
(d)
the whereabouts of a prisoner can no longer be electronically monitored at the prisoner’s place of residence, or at such other place or places at which the prisoner is required to remain within doors under the conditions of the home detention order; or
(e)
it is necessary in the public interest to do so,
the Commissioner may revoke the home detention order in respect of that prisoner and recall the prisoner to prison, and the prisoner is, if at large, deemed to be unlawfully at large.
[1/2014]
(2) Upon the revocation of the home detention order under subsection (1), the prisoner is to serve the unexpired part of his or her sentence of imprisonment in prison.
58. Where a prisoner subject to a home detention order is punished with any punishment under section 70(1)(a) or (b) (or both) or 71(1)(b) or (c) (or both), the prisoner’s home detention order may, unless revoked under section 57, be suspended for any of the following periods, starting on the date on which the prisoner is punished:(a)
the period that the prisoner is confined in a punishment cell pursuant to an order under section 70(1)(a) or 71(1)(b);
(b)
the period of remission which is forfeited pursuant to an order under section 70(1)(b) or 71(1)(c);
(c)
the sum of the period for which the prisoner is ordered to undergo confinement under section 70(1)(a) or 71(1)(b) and the period of remission forfeited under section 70(1)(b) or 71(1)(c).[Act 6 of 2022 wef 02/09/2022]
59. A police officer of or above the rank of Assistant Superintendent of Police or a police officer authorised by him or her may —(a)
enter and search a place without a warrant to effect the arrest of any prisoner who has failed to return to prison after —(i)
the prisoner is recalled by the Superintendent under section 56(1)(b); or
(ii)
the Commissioner revokes the home detention order under section 57(1); and
(b)
in order to effect an entrance into that place, break open any outer or inner door or window of that place if he or she cannot otherwise obtain admittance to that place.[1/2014]
PART 6A — EXTERNAL PLACEMENT SCHEME
59A. In this Part —[Deleted by Act 6 of 2022 wef 02/09/2022]
[Deleted by Act 6 of 2022 wef 02/09/2022]
“Superintendent”, in relation to a prisoner, means the Superintendent of the prison from which the prisoner is released for external placement.[1/2014]
59B.—(1) The Minister may, if the Minister is of the view that it is more appropriate for a prisoner to serve the prisoner’s sentence in a place other than a prison, direct the Commissioner to make an external placement order in respect of the prisoner for a period not exceeding 12 months.[1/2014]
(2) The Minister may direct the Commissioner to extend the duration of an external placement order for one or more times, by a period not exceeding 12 months each time.[1/2014]
(3) In determining for the purposes of subsections (1) and (2) and section 59H(1) whether it is more appropriate for a prisoner to serve his or her sentence in a place other than a prison —(a)
the Minister must have regard to the following factors:(i)
that it is ordinarily in the public interest that prisoners serve their sentences in a prison;
(ii)
the threat (if any) likely to be posed by the prisoner to public safety if he or she is released or continues to be released on external placement; and
(b)
the Minister may have regard to the following factors:(i)
the physical condition of the prisoner;
(ii)
the mental condition of the prisoner;
(iii)
any other relevant circumstances.[1/2014]
59C.—(1) A prisoner must be released on the day an external placement order is made in respect of him or her.[1/2014]
(2) Where an external placement order is in force in respect of a prisoner, the prisoner is deemed —(a)
to be still serving his or her sentence; and
(b)
to be still in the lawful custody of the Superintendent.[1/2014]
59D.—(1) A prisoner subject to an external placement order —(a)
must remain indoors at his or her place of residence, or at any other place that the Commissioner may specify, at such times as the Commissioner may specify;
(b)
must allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place the prisoner is required to remain at, to determine his or her compliance with any condition of the external placement order or for any purpose relating to his or her rehabilitation;
(ba)
must not consume any controlled drug, psychoactive substance, specified psychoactive substance or alcoholic beverage, or use or inhale any intoxicating substance;[Act 6 of 2022 wef 02/09/2022]
[Act 12 of 2023 wef 01/06/2024]
[Act 9 of 2026 wef 01/05/2026]
(bb)
must not have in the prisoner’s possession any controlled drug or psychoactive substance;[Act 6 of 2022 wef 02/09/2022]
[Act 12 of 2023 wef 01/06/2024]
(bc)
must not have in the prisoner’s possession any Part 3A product that contains a specified psychoactive substance;[Act 9 of 2026 wef 01/05/2026]
(c)
must do all of the following to enable the electronic monitoring of the prisoner’s whereabouts:(i)
wear any electronic monitoring device issued by the Commissioner on any part of his or her person that the Commissioner may specify;[Act 5 of 2024 wef 31/07/2026]
(ii)
allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place he or she is required to remain at, to install, maintain, repair or retrieve any electronic monitoring device;
(iii)
comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to the prisoner or installed at his or her place of residence or any other place he or she is required to remain at;
(iv)
comply with all reporting requirements imposed on him or her by the Commissioner;
(v)
not tamper with any electronic monitoring device issued to the prisoner or installed at the prisoner’s place of residence, or any other place he or she is required to remain at, or otherwise prevent or obstruct the electronic monitoring of his or her whereabouts; and
(d)
must comply with any other conditions that the Commissioner may specify in the external placement order.[1/2014]
(2) The matters to be specified by the Commissioner under subsection (1) must be specified by written notice.[1/2014]
(3) The Commissioner may, at any time and by written notice served on any particular prisoner subject to an external placement order —(a)
vary, cancel or add to any of the conditions specified in subsection (1); or
(b)
exempt the prisoner from any of the conditions specified in subsection (1).[1/2014]
(4) The notice mentioned in subsection (3) must be served —(a)
by delivering it personally to the prisoner; or
(b)
by any other means that may be prescribed.[Act 6 of 2022 wef 02/09/2022]
59E.—(1) If a Superintendent has reason to suspect that a prisoner who is subject to an external placement order has failed to comply with any of the conditions of the external placement order, or has committed any offence while being so subject, the Superintendent may —(a)
make any inquiry that may be necessary to ascertain whether the prisoner has failed to comply with any of the conditions of the external placement order or committed any offence while being so subject; and[Act 6 of 2022 wef 02/09/2022]
(b)
recall the prisoner to prison pending the completion of the inquiry.[1/2014]
[Act 6 of 2022 wef 02/09/2022]
(2) The external placement order for a prisoner who is recalled to prison under subsection (1)(b) continues to be in force despite the fact that he or she is recalled to prison.[1/2014]
59F.—(1) If the Commissioner is satisfied after due inquiry that —(a)
a prisoner failed to return to prison after he or she was recalled to prison under section 59E(1)(b);
(b)
a prisoner failed to comply with any of the conditions of the external placement order;
(c)
a prisoner committed any offence while being subject to an external placement order;[Act 6 of 2022 wef 02/09/2022]
(d)
the whereabouts of a prisoner can no longer be electronically monitored at the prisoner’s place of residence, or at such other place or places at which the prisoner is required to remain within doors under the conditions of the external placement order; or
(e)
it is necessary in the public interest to do so,
the Commissioner may revoke the external placement order in respect of that prisoner and, if the prisoner is not already detained in prison, recall the prisoner to prison; and the prisoner is, if then at large, deemed to be unlawfully at large.
[1/2014]
(2) Upon the revocation of the external placement order under subsection (1), the prisoner must serve the unexpired part of his or her sentence in prison.[1/2014]
59G. Where a prisoner subject to an external placement order is punished with any punishment under section 70(1)(a) or (b) (or both) or section 71(1)(b) or (c) (or both), the external placement order may, unless revoked under section 59F, be suspended for any of the following periods, starting on the date on which the prisoner is punished:(a)
the period that the prisoner is confined in a punishment cell pursuant to an order under section 70(1)(a) or 71(1)(b);
(b)
the period of remission which is forfeited pursuant to an order under section 70(1)(b) or 71(1)(c);
(c)
the sum of the period for which the prisoner is ordered to undergo confinement under section 70(1)(a) or 71(1)(b) and the period of remission forfeited under section 70(1)(b) or 71(1)(c).[1/2014]
[Act 6 of 2022 wef 02/09/2022]
59H.—(1) The Minister may, if the Minister is of the view that it is no longer appropriate for a prisoner released under an external placement order to serve the prisoner’s sentence in a place other than a prison, cancel the external placement order in respect of that prisoner and recall the prisoner to prison; and the prisoner is, if at large, then deemed to be unlawfully at large.[1/2014]
(2) Upon the cancellation of the external placement order under subsection (1), the prisoner must serve the unexpired part of his or her sentence in prison.[1/2014]
59I. A police officer of or above the rank of Assistant Superintendent of Police or a police officer authorised by him or her may —(a)
enter and search a place without a warrant to effect the arrest of any prisoner who has failed to return to prison after —(i)
the prisoner is recalled by the Superintendent under section 59E(1)(b);
(ii)
the Commissioner revokes the external placement order under section 59F(1); or
(iii)
the Minister cancels the external placement order under section 59H(1); and
(b)
in order to effect an entrance into that place, break open any outer or inner door or window of that place if the police officer cannot otherwise obtain admittance to that place.[1/2014]
PART 6B — EMPLOYMENT PREPARATION SCHEME
59J. In this Part, “Superintendent”, in relation to a prisoner, means the Superintendent of the prison from which the prisoner is released for employment preparation.[Act 6 of 2022 wef 02/09/2022]
59K.—(1) Subject to section 59L, the Commissioner may, for the purposes of enhancing a prisoner’s employability and facilitating the prisoner’s reintegration into society, by order release a prisoner who is eligible for employment preparation for any one or both of the following purposes:(a)
to be employed, in any place outside the limits of the prison in which the prisoner is detained, by any employer that may be specified in the order;
(b)
to participate, in any place outside the limits of the prison in which the prisoner is detained, in any educational or occupational training programme, or any other activity for the purpose of facilitating the prisoner to be gainfully employed, that may be specified in the order.
(2) An employment preparation order is valid for such period specified in the order, unless earlier revoked under section 59P(1) or suspended under section 59Q.
(3) The Commissioner may grant a prisoner mentioned in subsection (1) leave to return to the prisoner’s place of residence, or any other place that the Commissioner may specify, after the prisoner has completed the prisoner’s work, programme or activity for the day, at such times as the Commissioner may specify.
(4) The Commissioner may at any time revoke any leave granted to a prisoner under subsection (3).[Act 6 of 2022 wef 02/09/2022]
59L.—(1) A prisoner is eligible to be released for employment preparation under section 59K if —(a)
the prisoner has served not less than 14 days, or any other period that the Minister may prescribe by notification in the Gazette, of the prisoner’s sentence of imprisonment; and
(b)
the Commissioner considers that the prisoner is suitable for employment preparation, having regard to the circumstances of the case, including the following factors:(i)
the prisoner’s progress and response to rehabilitation in prison;
(ii)
the prisoner’s family support;
(iii)
the risk of recidivism by the prisoner.
(2) For the purposes of subsection (1)(a), the total consecutive periods of imprisonment of whatever nature are to be treated as one sentence.[Act 6 of 2022 wef 02/09/2022]
59M.—(1) A prisoner subject to an employment preparation order who has not been granted leave under section 59K(3) to return to the prisoner’s place of residence or any other place specified by the Commissioner must —(a)
not leave the prison in which the prisoner is detained without the approval of the prison officer on duty or any other person authorised by the Commissioner for the purposes of this section (called in this section an authorised person);
(b)
not be absent, without good cause, from the prisoner’s work with the employer, or from the prisoner’s programme or activity, as specified in the employment preparation order;
(c)
return to the prison and report to the prison officer on duty or an authorised person immediately after completing the prisoner’s work, programme or activity for the day;
(d)
provide a specimen of the prisoner’s urine or hair for testing at such times as the prison officer on duty or an authorised person may require;
(e)
not consume any controlled drug, psychoactive substance, specified psychoactive substance or alcoholic beverage, or use or inhale any intoxicating substance;[Act 12 of 2023 wef 01/06/2024]
[Act 9 of 2026 wef 01/05/2026]
(f)
not have in the prisoner’s possession any controlled drug, psychoactive substance, alcoholic beverage or intoxicating substance;[Act 12 of 2023 wef 01/06/2024]
(fa)
not have in the prisoner’s possession any Part 3A product that contains a specified psychoactive substance;[Act 9 of 2026 wef 01/05/2026]
(g)
not bring, or attempt by any means to introduce, into the prison any unauthorised article;
(h)
if required by the Commissioner, do all of the following to enable the electronic monitoring of the prisoner’s whereabouts:(i)
wear any electronic monitoring device issued by the Commissioner on such part of the prisoner’s body as the Commissioner may specify;[Act 5 of 2024 wef 31/07/2026]
(ii)
comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to the prisoner;
(iii)
not tamper with any electronic monitoring device issued to the prisoner, or otherwise prevent or obstruct the electronic monitoring of the prisoner’s whereabouts; and
(i)
comply with any other conditions that the Commissioner may specify in the order.
(2) Where the prisoner has been granted leave under section 59K(3) to return to the prisoner’s place of residence or any other place specified by the Commissioner, the prisoner subject to an employment preparation order must —(a)
not be absent, without good cause, from the prisoner’s work with the employer, or from the prisoner’s programme or activity, as specified in the employment preparation order;
(b)
return to the prisoner’s place of residence or any other place specified by the Commissioner immediately after completing the prisoner’s work, programme or activity for the day;
(c)
not consume any controlled drug, psychoactive substance, specified psychoactive substance or alcoholic beverage, or use or inhale any intoxicating substance;[Act 12 of 2023 wef 01/06/2024]
[Act 9 of 2026 wef 01/05/2026]
(d)
not have in the prisoner’s possession any controlled drug or psychoactive substance;[Act 12 of 2023 wef 01/06/2024]
(da)
not have in the prisoner’s possession any Part 3A product that contains a specified psychoactive substance;[Act 9 of 2026 wef 01/05/2026]
(e)
present himself or herself to provide a specimen of the prisoner’s urine or hair for testing at such times and at such places as the Commissioner may specify;
(f)
remain indoors at the prisoner’s place of residence, or at any other place specified by the Commissioner, at the times specified by the Commissioner;
(g)
allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place the prisoner is required to remain at, to determine the prisoner’s compliance with any condition of the employment preparation order or for any purpose relating to facilitating the prisoner’s reintegration into society;
(h)
do all of the following to enable the electronic monitoring of the prisoner’s whereabouts:(i)
wear any electronic monitoring device issued by the Commissioner on such part of the prisoner’s body as the Commissioner may specify;[Act 5 of 2024 wef 31/07/2026]
(ii)
allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place the prisoner is required to remain at, to install, maintain, repair or retrieve any electronic monitoring device;
(iii)
comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to the prisoner, or installed at the prisoner’s place of residence or any other place the prisoner is required to remain at;
(iv)
comply with all reporting requirements imposed on the prisoner;
(v)
not tamper with any electronic monitoring device issued to the prisoner or installed at the prisoner’s place of residence, or any other place the prisoner is required to remain at, or otherwise prevent or obstruct the electronic monitoring of the prisoner’s whereabouts; and
(i)
comply with any other conditions that the Commissioner may specify in the order.
(3) The Commissioner may at any time by order in writing served on a prisoner subject to an employment preparation order —(a)
vary, cancel or add to any of the conditions specified in subsection (1) or (2); or
(b)
exempt the prisoner from any of the conditions specified in subsection (1) or (2).
(4) The order mentioned in subsection (3) must be served —(a)
by delivering it personally to the prisoner; or
(b)
by any other means that may be prescribed.[Act 6 of 2022 wef 02/09/2022]
59N. Where an employment preparation order is in force in respect of a prisoner, the prisoner —(a)
is taken to be —(i)
serving the prisoner’s sentence of imprisonment; and
(ii)
in the lawful custody of the Superintendent; and
(b)
is entitled to earn remission in respect of the period of imprisonment which is served under the order.[Act 6 of 2022 wef 02/09/2022]
59O.—(1) If a Superintendent has reason to suspect that a prisoner has failed to comply with any of the conditions of an employment preparation order, or has committed any offence while being subject to an employment preparation order, the Superintendent may —(a)
make any inquiry that is necessary to ascertain whether the prisoner has failed to comply with any of the conditions of the employment preparation order, or has committed any offence while being subject to the employment preparation order; and
(b)
recall the prisoner to prison pending the completion of the inquiry.
(2) The employment preparation order for a prisoner who is recalled to prison under subsection (1)(b) continues to be in force despite the fact that the prisoner is recalled to prison.[Act 6 of 2022 wef 02/09/2022]
59P.—(1) If the Commissioner is satisfied after due inquiry that —(a)
a prisoner has failed to return to prison after the prisoner has been recalled to prison under section 59O(1)(b);
(b)
a prisoner has failed to comply with any of the conditions of the employment preparation order;
(c)
a prisoner has committed any offence while being subject to an employment preparation order;
(d)
the whereabouts of a prisoner can no longer be electronically monitored at the prisoner’s place of residence, or any other place the prisoner is required to remain at, under the conditions of the prisoner’s employment preparation order;
(e)
a prisoner has for any reason ceased to be —(i)
employed under section 59K(1)(a); or
(ii)
a participant in any educational or occupational training programme, or any such activity, as specified in the employment preparation order under section 59K(1)(b); or
(f)
it is necessary in the public interest to do so,
the Commissioner may revoke the employment preparation order in respect of that prisoner and recall the prisoner to prison, and the prisoner, if at large, is taken to be unlawfully at large.
(2) Upon the revocation of the employment preparation order under subsection (1), the prisoner must serve the unexpired part of the prisoner’s sentence of imprisonment in prison.[Act 6 of 2022 wef 02/09/2022]
59Q. Where a prisoner subject to an employment preparation order is punished with any punishment under section 70(1)(a) or (b) (or both) or section 71(1)(b) or (c) (or both), the prisoner’s employment preparation order may, unless revoked under section 59P(1), be suspended for any of the following periods, starting on the date on which the prisoner is punished:(a)
the period that the prisoner is confined in a punishment cell pursuant to an order under section 70(1)(a) or 71(1)(b);
(b)
the period of remission that is forfeited pursuant to an order under section 70(1)(b) or 71(1)(c);
(c)
the sum of the period for which the prisoner is ordered to undergo confinement under section 70(1)(a) or 71(1)(b) and the period of remission forfeited under section 70(1)(b) or 71(1)(c).[Act 6 of 2022 wef 02/09/2022]
59R. A police officer of or above the rank of Assistant Superintendent of Police, or a police officer authorised by the firstmentioned police officer, may —(a)
enter and search a place without a warrant to effect the arrest of any prisoner who has failed to return to prison after —(i)
the prisoner has been recalled by the Superintendent under section 59O(1)(b); or
(ii)
the Commissioner revokes the employment preparation order under section 59P(1); and
(b)
in order to effect an entrance into that place, break open any outer or inner door or window of that place if the police officer cannot otherwise obtain entry into that place.[Act 6 of 2022 wef 02/09/2022]
PART 7 — DISCIPLINE AND PRISON OFFENCES
60.—(1) A prison officer, medical officer, member or employee of the Corporation or any other person working in a prison must not —(a)
sell, supply or receive, directly or indirectly, any benefit or advantage from the sale or supply of any article to or for the use of any prisoner or for the use of any prison;
(b)
directly or indirectly have any interest in any contract or agreement for the sale or supply of any article mentioned in paragraph (a); or
(c)
directly or indirectly have any pecuniary interest in the purchase of any prison supplies, or receive any discount, gift or other consideration from contractors for or sellers of such supplies, or have any pecuniary dealing with prisoners or with their friends with regard to them.[33/2004]
(2) A prison officer, medical officer, member or employee of the Corporation or any other person working in a prison must not hold any communication with any person on behalf of any prisoner unless authorised by the Commissioner, any Deputy Commissioner or the Superintendent.[33/2004; 1/2014]
[Act 6 of 2022 wef 02/09/2022]
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.
61. Any prison officer who unlawfully or in breach of his or her engagement absents himself or herself from duty under circumstances which show that that prison officer has the intention of not returning to his or her duty shall be deemed to have deserted, and shall be liable on conviction to imprisonment for a term not exceeding 12 months, and all arrears of pay due to him or her shall be forfeited.
62.—(1) Any money or other consideration must not on any pretext whatsoever be payable, paid, given or promised by or on behalf of any prisoner, either on his or her entry into, commitment to, continuance in or discharge from any prison, to any prison officer, medical officer, member or employee of the Corporation, or to any other person working in a prison.
(2) Any such person receiving or demanding any such money or other consideration or undertaking any service in consideration of receiving or the promising of such money or other consideration shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,200 or to imprisonment for a term not exceeding 6 months or to both.
(3) Any public officer convicted under this section may, unless the conviction is reversed on appeal, be dismissed from his or her office, and all arrears of pay due to him or her may be forfeited.
63.—(1) A prison officer must, before leaving the Singapore Prison Service (whether by resignation, dismissal, discharge or otherwise), deliver up in good order (fair wear and tear excepted only) any arms, ammunition, accoutrement, uniform or other article supplied to him or her as a prison officer and any other property belonging to the Government which may be in his or her possession.[33/2004]
(2) Any person who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both and in addition thereto shall be liable to pay the value of any article not delivered up, which value shall be summarily ascertained by the court and shall be recoverable as if it were a fine.
64.—(1) Any prison officer who threatens or insults another prison officer of senior or equal rank —(a)
when that other officer is on duty; or
(b)
when the threat or insult is related to or is consequent upon the discharge of duty by the officer so threatened or insulted,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
[33/2004]
(2) Any prison officer who assaults another prison officer —(a)
when that other officer is on duty; or
(b)
when the assault is related to or is consequent upon the discharge of duty by the officer so assaulted,
shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years.
[33/2004]
(3) Any person convicted under this section may, unless the conviction is reversed on appeal, be dismissed from his or her office, and all arrears of pay due to him or her may be forfeited.
65.—(1) A person who, when the person is not a prison officer —(a)
wears or possesses any prison officer uniform, or uses any prison officer insignia —(i)
for the purpose of personating or representing himself or herself as a prison officer; or
(ii)
knowing that it is likely to cause any member of the public to believe that the person is a prison officer;
(b)
uses the designation of a prison officer or a rank of the Singapore Prison Service, in connection with any business, occupation or employment —(i)
for the purpose of personating or representing himself or herself as a prison officer; or
(ii)
knowing that it is likely to cause any member of the public to believe that the person is a prison officer;
(c)
represents himself or herself, by word or conduct, to be a prison officer for the purpose of personating or representing himself or herself as a prison officer; or
(d)
wears or possesses any prison officer uniform, or uses any prison officer insignia, in connection with any business, occupation or employment, for the purpose of falsely claiming, suggesting or implying —(i)
that the person receives or is to receive, a fee, commission or other reward for providing professional or other services in relation to a matter being dealt with or to be dealt with by the Singapore Prison Service;
(ii)
that the Singapore Prison Service has agreed to acquire any goods or services provided by or on behalf of the person, or that those goods or services had previously been used or acquired by the Singapore Prison Service; or
(iii)
that the person has the sponsorship or approval of the Singapore Prison Service for any goods or services provided by or on behalf of the person,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.
[53/2018]
(2) A prison officer who wears any prison officer uniform or uses any prison officer insignia otherwise than —(a)
in the course of, and for the purpose of, exercising the functions of a prison officer; or
(b)
for such other purpose authorised in writing by the Commissioner,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.
[53/2018]
(3) It is a defence to any prosecution for an offence under subsection (1)(a) or (2) if the accused proves, on a balance of probabilities, that —(a)
the accused had the express permission of the Commissioner to wear or possess the prison officer uniform or use the prison officer insignia, as the case may be; or
(b)
the accused wore or possessed the prison officer uniform or used the prison officer insignia (as the case may be) for the purposes of a public entertainment provided in compliance with the Public Entertainments Act 1958.[53/2018]
(4) A person (whether or not a prison officer) who —(a)
manufactures any prison officer uniform or prison officer insignia otherwise than under an agreement with the Government;
(b)
sells any prison officer uniform or prison officer insignia to a person who is neither a prison officer nor otherwise authorised or permitted under subsection (3) to wear or possess the prison officer uniform or use the prison officer insignia; or
(c)
gives or provides, whether or not for a consideration, any prison officer uniform or prison officer insignia to a person who is neither a prison officer nor otherwise authorised or permitted under subsection (3) to wear or possess the prison officer uniform or use the prison officer insignia,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
[53/2018]
(5) It is a defence to any prosecution for an offence under subsection (4) if the accused proves, on a balance of probabilities, that —(a)
the accused had reasonable grounds to believe and did make reasonable inquiries to ascertain that the person to whom the prison officer uniform or prison officer insignia was sold, given or provided was —(i)
a prison officer; or
(ii)
a person otherwise authorised or permitted under subsection (3) to wear or possess the prison officer uniform or use the prison officer insignia; or
(b)
the accused had received from the person to whom the prison officer uniform or prison officer insignia was sold, given or provided, evidence purporting to show that —(i)
that person was a prison officer or was otherwise authorised or permitted under subsection (3) to wear or possess the prison officer uniform or use the prison officer insignia; and
(ii)
it was reasonable to and the accused did accept that evidence as correct.[53/2018]
(6) An offence under subsection (1), (2) or (4) is an arrestable offence.[53/2018]
(7) In this section —“prison officer insignia” means —(a)
any item (being any insignia, emblem, logo, symbol, representation, device, badge of rank or other thing) that is generally recognised as being used by a prison officer;
(b)
any part of any such item;
(c)
any reasonable imitation of any such item, or part of such item; or
(d)
any insignia, emblem, logo, symbol, representation, device, badge of rank or other thing prescribed as being within this definition;
“prison officer uniform” means the uniform of a prison officer, and includes —(a)
any part of such a uniform or any accoutrement of a prison officer that is generally recognised as a part of the uniform or accoutrement of a prison officer; or
(b)
any reasonable imitation of such a uniform or accoutrement, or part of a uniform or accoutrement;
“sell” includes —(a)
exchange or let on hire;
(b)
offer, expose, possess, send, forward or deliver for sale, exchange or hire; or
(c)
cause, suffer or allow any sale, exchange or hire;
“use”, in relation to prison officer insignia, includes —(a)
driving on a public road a vehicle that has on it any prison officer insignia; and
(b)
using a reproduction or representation of prison officer insignia,
but does not include wearing a prison officer uniform.
[53/2018]
66.—(1) Any person who, without the authority of this Act, the regulations made under this Act or the express permission of the Commissioner —(a)
conveys, supplies or causes to be supplied or conveyed to any prisoner, or hides or places for his or her use any unauthorised article;
(b)
brings or attempts by any means to introduce into any prison, or places or attempts to place where prisoners labour, any unauthorised article;
(c)
brings or attempts to bring out of any prison, or conveys from any prisoner, any unauthorised article;
(d)
makes any audio or visual recording in a prison;
(e)
communicates with a prisoner, in circumstances where the person knows or ought reasonably to know that the communication is likely to encourage, incite or agitate any prisoner to commit a prison offence, and thereby encourages, incites or agitates a prisoner to commit a prison offence; or
(f)
does any act, or omits to do any act which the person is required by law to do, which he or she knows or ought reasonably to know is likely to have any of the following effects, and does have that effect:(i)
prejudicing the safe custody of prisoners, the safety of any person in a prison, or the security of a prison; or
(ii)
prejudicing the maintenance of good order and discipline in a prison,
shall be guilty of an offence.
[1/2014]
(2) Any prison officer who, without the authority of this Act, the regulations made under this Act or the express permission of the Commissioner —(a)
knowingly suffers any unauthorised article to be sold to or received or used by or on behalf of any prisoner;
(b)
lends or gives to any prisoner any unauthorised article;
(c)
knowingly suffers any unauthorised article to be brought out of any prison, or to be conveyed from any prisoner;
(d)
knowingly suffers the making of any audio or visual recording in a prison; or
(e)
knowingly suffers any act or omission which he or she knows or ought reasonably to know is likely to have any of the following effects, and does have such effect:(i)
prejudicing the safe custody of prisoners, the safety of any person in a prison, or the security of a prison; or
(ii)
prejudicing the maintenance of good order and discipline in a prison,
shall be guilty of an offence.
[1/2014]
(3) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both and, if the person is a prison officer, he or she may, unless the conviction is reversed on appeal, be dismissed from his or her office, and all arrears of pay due to him or her may be forfeited.[1/2014]
(4) In this section, “unauthorised article” means —(a)
any letter or document;
(b)
any electronic storage device;
(c)
any intoxicating substance, controlled drug, psychoactive substance or stimulant;[Act 6 of 2022 wef 02/09/2022]
[Act 12 of 2023 wef 01/06/2024]
(ca)
any Part 3A product;[Act 9 of 2026 wef 01/05/2026]
(d)
any food or drink;
(e)
any item of clothing;
(f)
money; or
(g)
any article not specifically authorised by the Commissioner to be brought into or out of a prison.[1/2014]
67. A prisoner may be allowed to work at any labour prescribed under this Act, and for which he or she is certified as fit by the medical officer.[1/2014]
[Act 5 of 2024 wef 31/07/2026]
68.—(1) Persons confined under civil process, and persons on remand charged with crimes or offences, or committed to take their trial, or confined for want of sureties, must not —(a)
ordinarily be associated with convicted prisoners; or
(b)
be required to labour beyond the labour that is reasonably proper for keeping their persons and dress in a proper state, and keeping the places in which they are confined clean.
(2) All juveniles must, so far as local conditions permit, be kept apart from adults under detention.
69. A prisoner, when being taken to or from any prison in which the prisoner may be lawfully confined, or whenever the prisoner is working outside or is otherwise beyond the limits of any such prison in or under the lawful custody or control of a prison officer, is deemed to be in prison, and is subject to all the same incidents as if he or she were actually in prison.
70.—(1) The Superintendent may punish any prisoner found after due inquiry to be guilty of a minor prison offence as specified in section 72 with one or more of the following punishments:(a)
confinement in a punishment cell for a term not exceeding 7 days;
(b)
forfeiture of remission not exceeding such amount as may be prescribed;
(c)
reduction in grade or postponement of promotion for such period as may be prescribed;
(d)
a written warning;
(e)
in the case of a prisoner subject to a home detention order under section 52, extension of the hours to which the prisoner is required to remain indoors under the conditions of the order;[Act 5 of 2024 wef 31/07/2026]
(f)
if the prisoner is subject to an SPP or SEPP, postponement of the date on which the prisoner may be released on a release order for a period that may be prescribed.[Act 5 of 2024 wef 31/07/2026]
(2) The Superintendent must enter in a register to be open to the inspection of the Visiting Justices a record of the punishments imposed by the Superintendent upon prisoners, showing, in respect of each prisoner punished, the name of the prisoner, the nature of the prisoner’s offence and the extent of his or her punishment.
71.—(1) The Superintendent may punish any prisoner found after due inquiry to be guilty of an aggravated prison offence as specified in section 73 by ordering the prisoner to undergo one or more of the following punishments:(a)
except for the aggravated prison offence mentioned in item 6 of the table in section 73(1), corporal punishment not exceeding 12 strokes with a rattan;[Act 21 of 2025 wef 17/08/2026]
(b)
confinement in a punishment cell for a term not exceeding 7 days;
(c)
forfeiture of remission not exceeding such amount as may be prescribed;
(d)
reduction in grade or postponement of promotion for such period as may be prescribed;[Act 5 of 2024 wef 31/07/2026]
(e)
if the prisoner is subject to an SPP or SEPP, postponement of the date on which the prisoner may be released on any release order for a period that may be prescribed.[Act 5 of 2024 wef 31/07/2026]
(2) Where the Superintendent has imposed any punishment upon any prisoner under subsection (1), the Superintendent must notify the Commissioner of the facts of the case and the punishment imposed on the prisoner not later than 7 days after imposition of the punishment.[1/2014]
(3) The Commissioner may within 14 days, or such longer period as may be required in exceptional cases, of being notified by the Superintendent under subsection (2) —(a)
confirm any punishment imposed by the Superintendent under subsection (1); or
(b)
vary any punishment imposed by a Superintendent under subsection (1), including enhancing, reducing or substituting the punishment imposed by the Superintendent or imposing any additional punishment that could have been awarded by the Superintendent under that subsection.[33/2004; 1/2014]
(4) Where the Commissioner imposes forfeiture of remission under subsection (3)(b), the forfeiture of remission must not exceed such amount as may be prescribed.[1/2014]
(5) Any punishment imposed by a Superintendent under subsection (1) must not be carried out until confirmed, or varied, by the Commissioner under subsection (3).[1/2014]
(6) The Superintendent must enter in a register to be open to the inspection of the Visiting Justices a record of the punishments imposed by the Superintendent and by the Commissioner under subsection (3) upon prisoners, showing, in respect of each prisoner punished, the name of the prisoner, the nature of his or her offence and the extent of his or her punishment.[1/2014]
72.—(1) The following are minor prison offences:Item
Minor prison offence
1.
Talking during working hours, or talking loudly, laughing or singing at any time after having been ordered by a prison officer to desist.
2.
Quarrelling with any other prisoner.
3.
Secreting or possessing any unauthorised article, or possessing a greater quantity of any article than the prisoner is authorised to possess.
4.
Showing disrespect to any prison officer, official visitor or any person working, or providing rehabilitative and other related services, in the prison.
5.
Common assault or taking part in any attack on any other prisoner.
6.
Providing information (whether or not in response to any question) to any prison officer, official visitor, or any person working, or providing rehabilitative and other related services, in the prison that the prisoner knows or ought reasonably to know to be —
(a)
false in a material particular; or
(b)
misleading by reason of the omission of a material particular.
7.
Holding any communication (in writing, by word of mouth, or otherwise) with any person in disobedience of the regulations of the prison.
8.
Abetting the commission of any minor prison offence.
9.
Omitting to assist in the maintenance of discipline by reporting any prison offence, or to give assistance to a prison officer when called on to do so.
10.
Doing any act or using any language calculated to offend or insult any other prisoner, prison officer, official visitor or any person working, or providing rehabilitative and other related services, in the prison.
11.
Doing any act calculated to create any unnecessary alarm in the minds of the prisoners, prison officers or any other persons working, or providing rehabilitative and other related services, in the prison.
12.
Leaving the group to which the prisoner is attached, or the part of the prison in which the prisoner is confined, without the permission of a prison officer.
13.
Leaving the ward, the yard, the place in file, the seat or berth assigned to the prisoner, without the permission of a prison officer.
14.
Loitering about the yards or lingering in the wards when these are open.
15.
Omitting or refusing to march in file when moving about the prison or proceeding to or returning from work.
16.
Visiting the toilets without the permission of a prison officer or remaining there longer than is necessary.
17.
Refusing to eat the meals provided.
18.
Eating or appropriating any food not assigned to the prisoner or taking from or adding to the portions assigned to other prisoners.
19.
Removing without the permission of a prison officer food or drink from any place in a prison where meals are cooked, distributed or served, or disobeying any order as to the issue and distribution of food and drink.
20.
Wilfully destroying food or drink or throwing it away without orders.
21.
Introducing into food or drink anything likely to render it unpalatable or unwholesome.
22.
Omitting or refusing to wear the attire given to the prisoner, or exchanging any portion of it for the attire of other prisoners, or losing, discarding, damaging or altering any part of it.
23.
Removing, defacing or altering any distinctive number, mark or badge attached to, or worn on, the attire or person.
24.
Omitting or refusing to keep the person clean, or disobeying any order regulating the cutting of hair.
25.
Omitting or refusing to keep clothing, blankets, bedding, fetters or utensils clean, or disobeying any order as to the arrangement or disposition of such articles.
26.
Tampering in any way with prison locks, lamps or lights or other property without orders.
27.
Stealing the prison attire or any part of the prison kit of any other prisoner.
28.
Committing a nuisance in any part of the prison.
29.
Spitting on or otherwise soiling any floor, door, wall or other part of the prison building or any article in the prison.
30.
Wilfully soiling or befouling the toilets, washing or bathing places.
31.
Damaging the trees within the enclosure of the prison.
32.
Omitting or refusing to take due care of all prison property entrusted to the prisoner.
33.
Omitting or refusing to take due care of, or damaging, or misappropriating, the materials and implements entrusted to the prisoner for work.
34.
Omitting to report at once any loss, breakage or damage which the prisoner may have caused to prison property or implements.
35.
Manufacturing any article without the knowledge or permission of a prison officer.
36.
Performing any portion of the task allotted to another prisoner, or obtaining the assistance of another prisoner in the performance of the prisoner’s own task.
37.
Appropriating any portion of the task performed by another prisoner.
38.
Mixing or adding any foreign substance to the materials issued for work.
39.
Cursing or swearing, or using indecent, violent, threatening or insulting language.
40.
Causing or omitting to assist in suppressing violence or insubordination of any kind.
41.
Immoral, disorderly or indecent behaviour.
42.
Omitting or refusing to help any prison officer in case of an attempted escape or of an attack upon such officer or upon any other person.
43.
Disobeying any lawful order of a prison officer.
44.
Defacing or damaging the walls, furniture or other property of the prison.
45.
Malingering.
46.
Any breach by a prisoner subject to a home detention order under section 52 of the conditions of the order other than conduct constituting an aggravated prison offence specified in section 73.
47.
Any breach by a prisoner subject to an external placement order under section 59B of the conditions of the order other than conduct constituting an aggravated prison offence specified in section 73.
48.
Any breach by a prisoner subject to an employment preparation order under section 59K of the conditions of the order other than conduct constituting an aggravated prison offence specified in section 73.
48A.
Any breach by a prisoner subject to an order under section 50ZG releasing the prisoner on licence of the conditions of that order other than conduct constituting an aggravated offence under section 73.
49.
Any other act, conduct, disorder or neglect to the prejudice of good order or discipline in the prison.
50.
Failure by a prisoner subject to an order under section 50ZG releasing the prisoner on licence, a prisoner subject to a home detention order under section 52, a prisoner subject to an external placement order under section 59B, or a prisoner subject to an employment preparation order under section 59K, to report to such person and at such times and place as may be specified under the conditions of the order.
[Act 5 of 2024 wef 31/07/2026]
(2) The minor prison offences mentioned in subsection (1) (other than items 4, 6, 8, 10, 11, 43, 45, 46, 47, 48, 48A and 50 of the table) do not apply in relation to a prisoner who is serving his or her sentence in such place or places outside the limits of any prison.[Act 6 of 2022 wef 02/09/2022]
[Act 5 of 2024 wef 31/07/2026]
73.—(1) The following are aggravated prison offences:Item
Aggravated prison offence
1.
Mutiny.
2.
Escape or attempt to escape.
3.
Taking part in any assault or attack on any prison officer, official visitor or any person working, or providing rehabilitative and other related services, in the prison.
4.
Aggravated or repeated assault on any other prisoner.
5.
Wilful destruction of prison property.
6.
Wilfully causing to himself or herself any illness, injury or disability.
7.
Wilfully making a false or groundless accusation or complaint against any prisoner, prison officer, official visitor or any person working, or providing rehabilitative and other related services, in the prison.
8.
Any act constituting a minor prison offence under section 72, committed by one or more members or associates of a secret society in connection with the activities of the secret society, whether or not all the other members of the secret society are present.
9.
Repetition of any minor prison offence after having been twice punished for the same minor offence.
10.
Where a prisoner subject to a release order, a home detention order under section 52, an external placement order under section 59B or an employment preparation order under section 59K (called in this subsection the relevant order) is required under the conditions of the relevant order to allow the Superintendent or any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place or places designated under the relevant order, the refusal by the prisoner to allow the entry, or obstructing or hindering the entry, of such person.
11.
Any other act of gross misconduct or insubordination.
12.
Abetting the commission of any aggravated prison offence.
[Act 5 of 2024 wef 31/07/2026]
(2) The aggravated prison offences mentioned in items 1, 4, 5 and 6 of the table in subsection (1) do not apply in relation to a prisoner who is serving his or her sentence in such place or places outside the limits of any prison.[Act 6 of 2022 wef 02/09/2022]
[Act 5 of 2024 wef 31/07/2026]
74.—(1) Where a prisoner is accused of any aggravated prison offence and the Superintendent is of the opinion that, in the circumstances of the case, the power of punishment which the Superintendent possesses is inadequate, the Superintendent must forthwith report the matter in writing to the Visiting Justice or Justices.
(2) The Visiting Justice or Justices are to, upon receipt of such report, attend at the prison without undue delay and investigate the charge, and may punish any prisoner whom after due inquiry upon oath the Visiting Justice or Justices may find guilty of such offence with one or more of the following punishments:(a)
confinement in a punishment cell for a term not exceeding 30 days on such prescribed diet as the Visiting Justice or Justices may think fit;
(b)
corporal punishment not exceeding 24 strokes with a rattan;
(c)
forfeiture of remission not exceeding the amount that may be prescribed;[Act 5 of 2024 wef 31/07/2026]
(d)
if the prisoner is subject to an SPP or SEPP, postponement of the date on which the prisoner may be released on any release order for a period that may be prescribed.[Act 5 of 2024 wef 31/07/2026]
75. A prisoner must not be punished until the prisoner has had an opportunity of hearing the charge and evidence against him or her, and making his or her defence.
76.—(1) Any punishment lawfully imposed on a prisoner under this Act or any regulations made under this Act may be carried into effect despite the fact that the carrying into effect of the punishment may necessitate the detention of the prisoner beyond the date at which he or she would otherwise be entitled to be discharged from prison.
(2) The period of detention under subsection (1) must not exceed 48 hours, the period to be calculated from the last hour of the day upon which the prisoner would otherwise be entitled to be discharged.
77.—(1) When any sentence of corporal punishment is passed under this Act upon any prisoner, he shall not be liable to more than one such sentence in respect of the act or acts, or omission or omissions, for which he has been sentenced.
(2) No sentence of corporal punishment shall be passed upon —(a)
a woman;
(b)
a man sentenced by a court to death; or
(c)
a man whom a medical officer considers to be more than 50 years of age.[33/2004]
(3) In no case shall a sentence of corporal punishment in excess of 10 strokes with a light rattan be passed upon a juvenile.
(4) No sentence of corporal punishment shall be inflicted unless a medical officer is present and certifies that the prisoner is in a fit state of health to undergo the punishment.[33/2004]
(5) If, during the execution of the sentence of corporal punishment, a medical officer certifies that the prisoner is not in a fit state of health to undergo the remainder of the sentence, the corporal punishment shall be finally stopped.[33/2004]
77A. The Superintendent may, in the Superintendent’s discretion, restore to any prisoner a period of remission or any portion of the period which had previously been forfeited by the prisoner.[1/2014]
78. Nothing in this Act is to be construed to exempt any prisoner from being proceeded against for any offence by the ordinary course of law, but no prisoner may be punished twice for the same offence.
79.—(1) The Minister must appoint a Board of Justices of the Peace, to be called the Board of Visiting Justices, of which all Magistrates are ex‑officio members.
(2) Each member of the Board of Visiting Justices —(a)
holds office for a period not exceeding 2 years or for any other period that the Minister may determine;
(b)
may from time to time be re-appointed or at any time be removed from office by the Minister; and
(c)
may at any time resign from the member’s office by giving written notice to the Minister.
(3) A Visiting Justice —(a)
may at any time visit any prison or reformative training centre and may inspect the several wards, cells, yards, solitary or punishment cells and other apartments or divisions of the prison, inspect and test the quality and quantity of the prisoners’ food, hear the complaints (if any) of the prisoners, and question any prisoner or prison officer;
(b)
must ascertain, so far as possible, whether the prison regulations are adhered to, and must call the attention of the Superintendent to any irregularity that may be observed in the working of the prison or reformative training centre or in the treatment of any prisoner confined therein; and
(c)
is to exercise and perform any other powers and duties that may be prescribed.
(4) The Board is to appoint one or more of its members to be, on rotation, a Visiting Justice or Justices of the prisons for each month of the year, and the Visiting Justice or Justices are to hear, try and dispose of any prison offences for which a report under section 74(1) has been made.
(5) Every Visiting Justice, for the purposes of this Act, has power to summon witnesses and to administer oaths.
(6) The Board must in relation to persons detained in reformative training centres exercise such functions as may be required of it by any written law.
80. Every Judge, Magistrate or Justice of the Peace having jurisdiction in the place where any prison is situated may —(a)
whenever he or she thinks fit, enter into and examine the condition of the prison and of the prisoners therein;
(b)
question any prisoner or officer; and
(c)
enter any observation he or she thinks fit to make in reference to the condition of the prison in a Visitors’ Book to be kept for that purpose by the Superintendent, which book must be duly produced to the Visiting Justices at their next ensuing visit.
PART 8 — GENERAL
81. No liability shall lie personally against a prison officer or an auxiliary police officer who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.[Act 6 of 2022 wef 02/09/2022]
81A.—(1) A prison officer of or above the rank of sergeant may, for the purpose of assisting the Commissioner or Superintendent in making any inquiry under section 50X, 56, 57, 59E, 59F, 59O, 59P, 70 or 71 (as the case may be), by written notice require any person to provide, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information which —(a)
relate to any matter specified by the prison officer; and
(b)
are —(i)
within the knowledge of that person; or
(ii)
in the custody or under the control of that person.
(2) The power to require a person to provide any document or information under subsection (1) includes the power —(a)
to require that person to provide an explanation of the document or information;
(b)
if the document or information is not provided, to require that person to state, to the best of the knowledge and belief of that person, where it is; and
(c)
if the information is recorded otherwise than in legible form, to require the information to be authenticated and made available to the prison officer concerned in legible form.
(3) The prison officer is entitled without payment to keep for the purposes of the inquiry mentioned in subsection (1) any document or information, or any copy or extract thereof, provided to him or her under that subsection.
(4) A person who, without reasonable excuse, fails to do anything required of the person by a notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500.
(5) To avoid doubt, for the purposes of subsection (4), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person.
(6) In this section, “document” means anything in which information of any description is recorded.[Act 6 of 2022 wef 02/09/2022]
81B.—(1) Any prison officer may, without warrant, arrest any person who is unlawfully at large under —(a)
this Act or any regulations made thereunder;
(b)
any regulations made under section 428 of the Criminal Procedure Code 2010 (as in force before the date of commencement of section 44 of the Criminal Procedure (Miscellaneous Amendments) Act 2024) in relation to the treatment, training and detention of persons sentenced to reformative training, corrective training or preventive detention; or
(c)
any regulations made under section 58 of the Misuse of Drugs Act 1973 in relation to the granting of leave to an inmate for the purpose of his or her employment outside an approved institution or a community rehabilitation centre and to return to his or her residence or any other designated place.
(2) If a person mentioned in subsection (1) forcibly resists or tries to evade arrest —(a)
the prison officer may use all reasonable means necessary to make the arrest; but
(b)
the person arrested must not be restrained more than is necessary to prevent his or her escape.[Act 5 of 2024 wef 01/08/2024]
82.—(1) The Minister may, by order in the Gazette, amend the First or Second Schedule.[1/2014]
(2) An order made under this section may contain any saving and transitional provisions that are necessary or expedient for the purposes of the order.[1/2014]
(3) All orders made under this section must be presented to Parliament as soon as possible after publication in the Gazette.[1/2014]
83.—(1) Except where by this Act it is otherwise expressly provided, all offences under this Act are triable by a District Court or a Magistrate’s Court.
(2) Subject to subsection (3), any District Court or Magistrate’s Court has, despite any provision to the contrary in the Criminal Procedure Code 2010, the jurisdiction to try any offence under this Act and to impose the full punishment in respect of the offence.[1/2014]
(3) Any District Court or Magistrate’s Court has, if it has jurisdiction under the Criminal Procedure Code 2010 to try an offence alleged to have been committed in breach of the basic condition of a remission order specified under section 50S, the power to impose the full enhanced sentence under section 50T for that offence, despite any provision to the contrary in the Criminal Procedure Code 2010.[1/2014]
84.—(1) The Minister may make all regulations that are necessary for the good management and government of prisons and reformative training centres or for carrying out the objects of this Act.
(2) In particular and without limiting subsection (1), the regulations may prescribe for all or any of the following purposes or matters:(a)
the conditions of service and the powers, conduct and duties of the officers of prisons;
(b)
the medical examination, measuring, photographing and taking of fingerprint impressions or other records of persons confined in any prison or otherwise detained in custody, including detailed personal statistics and histories, and for requiring full and truthful answers to all questions put to such persons with the object of obtaining such statistics and histories;
(c)
the persons (if any) to whom such measurements, photographs, fingerprint impressions or other records are to be sent or supplied;
(d)
the employment, diets, classification, safe custody, separation, treatment and discipline of prisoners;
(e)
the kind of labour to be exacted at the different stages of their imprisonment with the manner and place of exacting the same;
(f)
the granting, despite anything to the contrary in any law, of remission in respect of sentences of imprisonment and imprisonment in default of payment of fine to prisoners who duly comply with the regulations that apply to them and with the conditions on which such remissions are to be made;
(fa)
the treatment, training, detention and release of persons sentenced to reformative training, corrective training or preventive detention, or on whom an SPP or SEPP is imposed, including any matter relating to the supervision of such persons when they are released from their places of detention;[Act 5 of 2024 wef 31/07/2026]
(fb)
in relation to persons sentenced to reformative training, corrective training or preventive detention, the extension of the expiry date of such sentences if such persons are unlawfully at large when they are released from their places of detention;[Act 5 of 2024 wef 31/07/2026]
(fc)
the mode of carrying out the sentence of caning;[Act 5 of 2024 wef 31/07/2026]
(g)
the disposal of the products of the labour of prisoners;
(h)
the establishment of prisoners aid associations and societies and for the subsidising of their work and the utilising of their services in connection with prisoners discharged on probation and convicted prisoners whose sentences have expired;
(i)
the supply of money, food, clothing or means of travelling to prisoners on their discharge;
(j)
the early discharge of prisoners who become entitled to release on a date which falls on a Sunday or public holiday;
(k)
the release of prisoners on remission orders or on external placement orders and the due administration of such orders;
(l)
the classification of breaches of the mandatory aftercare conditions of remission orders to be serious breaches and minor breaches;
(la)
without affecting paragraph (ka), the establishment of an advisory committee for the purpose of advising the Commissioner on the suitability of a prisoner to be released for employment preparation under Part 6B and its constitution, functions and procedures;[Act 6 of 2022 wef 02/09/2022]
(lb)
the release of prisoners on employment preparation orders and the due administration of such orders, including the requirement for such prisoners to retain a proportion of the wages earned by the prisoners as compulsory savings;[Act 6 of 2022 wef 02/09/2022]
(lc)
in relation to the release of prisoners —(i)
on release orders, external placement orders, home detention orders or employment preparation orders; or
(ii)
sentenced to corrective training or preventive detention,
the requirement for such prisoners to bear the costs of any prescribed expenses incurred by them when so released;
[Act 5 of 2024 wef 31/07/2026]
(m)
the proceedings and visits of the Visiting Justices;
(n)
the establishment of committees, however named, of an advisory nature, for the purposes of this Act;
(o)
without limiting paragraph (n), the establishment of an advisory committee for the purpose of advising the Commissioner on the suitability of a prisoner to be released for home detention under Part 6 and its constitution, functions and procedures;
(p)
any other matter which under this Act is required or permitted to be prescribed.[9/2003; 33/2004; 30/2008; 1/2014]
(3) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.
(4) Where any regulations are presented to Parliament under subsection (3), if —(a)
notice of a motion is given for a sitting day of Parliament before the first available sitting day after 3 months from the date when the regulations are so presented; and
(b)
a resolution is passed pursuant to the motion to annul the regulations or any part of the regulations from a specified date,
the regulations or such part of the regulations (as the case may be) become void from that date, but without affecting the validity of anything previously done thereunder, or the making of new regulations.
Cite this legislation
- Official citation
- PA1933
- Source
- sso.agc.gov.sg
- Data synced
Prisons Act 1933 (sso.agc.gov.sg). Retrieved via LawPlayer, https://lawplayer.com/sg/act/PA1933
This text is synced from sso.agc.gov.sg. In case of any discrepancy, the official version prevails.
Cited in 17 judgments
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