Police officers and enforcement officers
Open ↗7.—(1) Nothing in this Part affects a police officer’s powers or duties under the Criminal Procedure Code 2010.
(2) Only the following officers are authorised to act as an enforcement officer under this Part:(a)
public officers appointed as employment inspectors under section 3(3) of the Employment of Foreign Manpower Act 1990;
(b)
public officers appointed as inspectors under section 20(1) of the Human Organ Transplant Act 1987;
(c)
public officers appointed by the Minister as enforcement officers for the purposes of this Act.
Enforcement powers
Open ↗8.—(1) A police officer or an enforcement officer may, for the purposes of this Act, do all or any of the following:(a)
without warrant, enter and search, by day or night, any premises if there is reasonable cause to believe that evidence of the commission of an offence under this Act can be found in the premises;
(b)
detain any person found within the premises referred to in paragraph (a) until the search of the premises is completed;
(c)
search any person found within the premises referred to in paragraph (a) who is reasonably believed to have any document or article relevant to any investigation into an offence under this Act;
(d)
require any person who is reasonably believed to have any document (including any document of identity or travel document), article or information relevant to any investigation into an offence under this Act, to produce such document or article or give such information;
(e)
take possession of, or take any extract from or copy of, any document or article relevant to any investigation into an offence under this Act that is found in any premises or on any person searched, or is produced, under this section;
(f)
examine orally any person who appears to be acquainted with any of the facts or circumstances of a suspected offence under this Act, and reduce into writing the answer given or statement made by that person who is bound to state truly the facts and circumstances with which that person is acquainted; and the statement made by that person must be read over to that person and must, after correction, be signed by that person;
(g)
require by written order the attendance before the officer of any person, being within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with any of the facts or circumstances of a suspected offence under this Act; and that person must attend as required and if that person fails to do so, report the failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the order;
(h)
take such photographs, or audio or video recordings, as necessary of the premises referred to in paragraph (a) (including any person or thing in the premises) and persons reasonably believed to be acquainted with the facts or circumstances relevant to a suspected offence under this Act;
(i)
require an employer to produce all or any of the employer’s employees for the purposes of any investigation into an offence under this Act.
(2) A police officer or an enforcement officer may require the owner or occupier of any premises referred to in subsection (1)(a), the owner’s or occupier’s agent or any person found in the premises to furnish such means required by the officer as necessary for the officer’s exercise of any power under this section.
(3) If entry to any premises cannot be obtained under subsection (1)(a), a police officer or an enforcement officer may, after stating the officer’s authority and purpose and demanding entry into the premises —(a)
break open any outer or inner door or window leading to the premises;
(b)
forcibly enter the premises; or
(c)
remove by force any obstruction to such entry.
(4) Any person who —(a)
intentionally offers any resistance to or wilfully delays a police officer or an enforcement officer in the exercise of any power under this section;
(b)
fails to comply with the requisition of a police officer or an enforcement officer under this section;
(c)
fails to produce to a police officer or an enforcement officer any document or article which the person is required under this section to produce;
(d)
wilfully withholds from a police officer or an enforcement officer any information as to who is the owner or occupier of any premises, who is the principal contractor or who is the employer of the person; or
(e)
conceals or prevents, or attempts to conceal or prevent, another person from appearing before or being examined by a police officer or an enforcement officer under this section,
is deemed to wilfully obstruct the police officer or enforcement officer for the purpose of section 17.
(5) In this section, a reference to an offence under this Act includes a reference to an abetment of, or a conspiracy or an attempt to commit, the offence.
Power to arrest without warrant
Open ↗9.—(1) Any police officer or enforcement officer may arrest without warrant any person whom the officer reasonably suspects is committing or has committed an offence under Part 2.
(2) A police officer or an enforcement officer making an arrest without warrant must, without unnecessary delay and subject to subsection (4), take or send the person arrested before a Magistrate’s Court.
(3) A police officer or an enforcement officer must not detain in custody a person arrested without warrant for longer than is reasonable in the circumstances, and such period must not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.
(4) Any person who has been arrested may be released on bail, or on the person’s own bond, by a police officer or an enforcement officer.
(5) The provisions of Division 5 of Part 6 of the Criminal Procedure Code 2010 apply to any bail or bond granted under this section; and for this purpose, any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” in those provisions is to be read to include an enforcement officer.
(6) In this section, a reference to an offence under Part 2 includes a reference to an abetment of, or a conspiracy or an attempt to commit, the offence.
Arrest how made
Open ↗10.—(1) A police officer or an enforcement officer making an arrest under this Part must touch or confine the body of the person to be arrested unless the person submits to arrest by word or action.
(2) If the person forcibly resists or tries to evade arrest, the officer may use all means necessary to effect the arrest.
No unnecessary restraint
Open ↗11.—(1) A person who is arrested under this Part must not be subjected to more restraint than is necessary to prevent the person’s escape.
(2) Handcuffs or any similar means of restraint may be used on the person arrested to prevent the person from —(a)
inflicting any bodily self-injury or injury to others;
(b)
damaging any property;
(c)
creating any disturbance; or
(d)
escaping from custody.
(3) The handcuffs or similar means of restraint must not be used on the person arrested for the purpose of punishment.
Search of persons
Open ↗12.—(1) A police officer or an enforcement officer making an arrest under this Part may search the person arrested and take possession of any document or article found on the person which the officer reasonably believes to be connected to the offence for which the person is arrested.
(2) Where a person is searched under this section or section 8(1)(c) —(a)
the search must be made by a police officer or an enforcement officer of the same sex as the person, with strict regard to decency; and
(b)
the police officer or enforcement officer must not take into possession the person’s necessary wearing apparel.
Power to seize offensive weapons
Open ↗13. A police officer or an enforcement officer making any arrest under this Part may take from the person arrested any offensive weapons found on the person.
Power on escape to pursue and arrest
Open ↗14. If a person arrested under this Part escapes or is rescued from lawful custody, the police officer or enforcement officer from whose custody that person escaped or was rescued may immediately pursue and arrest that person in any place within Singapore and deal with that person as the officer might have done on the original arrest.
Enforcement officers to be armed
Open ↗15. Every enforcement officer must be provided with such batons and accoutrements as may be necessary for the effective discharge of the enforcement officer’s duties.
Disposal of documents and articles
Open ↗16.—(1) Any document or article that a police officer or an enforcement officer takes possession of under this Part must —(a)
where the document or article is produced in any criminal trial, be dealt with in accordance with section 364 of the Criminal Procedure Code 2010; and
(b)
in any other case —(i)
be returned to the owner; or
(ii)
if the owner is not known, be reported to a Magistrate.
(2) Where the report of any document or article is made to a Magistrate under subsection (1)(b)(ii), the Magistrate may order the document or article —(a)
to be forfeited; or
(b)
to be disposed of in such manner as the Magistrate thinks fit.
(3) Nothing in this section affects any right to retain or dispose of property which may exist in law apart from this section.
Obstruction of police officer or enforcement officer
Open ↗17. Any person who wilfully obstructs the lawful exercise by a police officer or an enforcement officer of any of the officer’s powers under this Part 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 12 months or to both.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
