Arrest and bail
48.—(1) Every offence as follows is arrestable for the purposes of the Criminal Procedure Code 2010:(a)
an offence under this Act;
(b)
an offence under section 143, 144, 145, 147, 148, 151, 152, 153, 157, 158, 267B, 379, 380, 381 or 382 of the Penal Code 1871 which is committed in the target area of a special authorisation.
(2) A police officer may use such force as is reasonably necessary to arrest any individual whom the officer reasonably suspects is committing or has committed —(a)
an offence under this Act; or
(b)
in the target area of a special authorisation, an offence under section 143, 144, 145, 147, 148, 151, 152, 153, 157, 158, 267B, 379, 380, 381, 382, 427, 435 or 436 of the Penal Code 1871,
including the use of lethal weapons to effect the arrest and to prevent escape from the arrest.
[15/2019]
(3) A police officer making an arrest without warrant under this section must, without unnecessary delay, take or send the individual arrested before a Magistrate’s Court.
(4) A police officer must not detain in custody an individual arrested under this section 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.
(5) A police officer making any arrest under this Act may take from the individual arrested any offensive weapon, or dangerous article, or a thing which the police officer has reasonable grounds for suspecting to be a dangerous article or an offensive weapon or part of a dangerous article or an offensive weapon, that is found on the individual.
(6) Every —(a)
offence under this Act; and
(b)
offence mentioned in subsection (2)(b) which is committed in the target area of a special authorisation,
is non‑bailable for the purposes of the Criminal Procedure Code 2010.
(7) 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.
(8) Parliament may, from time to time, by resolution add to, delete or replace any offence specified in subsection (2)(b).
Appeal to Minister against temporary restraining order
49.—(1) Any individual against whom a temporary restraining order, or a variation of such an order, is made under section 29 may, if aggrieved by that decision, appeal to the Minister against the making of the temporary restraining order or the variation, as the case may be.
(2) Every appeal under this section must be made within the time and in the manner prescribed.
(3) A temporary restraining order made under section 29 against an individual, or a variation under that section of such an order, takes effect despite any appeal against the order, and remains in effect until the order is modified or reversed on appeal.
(4) The Minister may determine an appeal against a temporary restraining order or a variation of a temporary restraining order —(a)
by confirming the order or variation (as the case may be) in whole or modifying it in part; or
(b)
by reversing the order or variation (as the case may be) in question.
(5) The Minister’s decision on an appeal under this section is final.
Interface with other laws
50.—(1) The powers under this Act are in addition to, and not in derogation of, any power otherwise conferred.
(2) To avoid doubt, nothing in this Act —(a)
affects a police officer’s powers or duties under any provision of the Criminal Procedure Code 2010 or other written law;
(b)
affects a serviceman’s powers or duties under Part 12 or 12A of the Singapore Armed Forces Act 1972; or
(c)
derogates from any requirement imposed by or under —(i)
the Broadcasting Act 1994;
(ii)
the Civil Defence Act 1986;
(iii)
the Infrastructure Protection Act 2017;
(iv)
the Public Order Act 2009;
(v)
the Road Vehicles (Special Powers) Act 1960;
(vi)
the Telecommunications Act 1999; or
(vii)
section 25 of the Town Councils Act 1988.
Protection from personal liability
51.—(1) No liability shall lie personally against a person who, acting in good faith and with reasonable care, does or omits to do anything —(a)
in the execution or purported execution of this Act;
(b)
in complying with an order or a direction given under this Act; or
(c)
when assisting a police officer.
(2) To avoid doubt, this section does not affect section 25 of the Police Force Act 2004.
Service of documents
52.—(1) Without limiting sections 13(2) and 30(4), a document that is permitted or required by this Act to be served on a person may be served as described in this section.
(2) A document permitted or required by this Act to be served on an individual may be served —(a)
by giving it to the individual personally;
(b)
by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;
(c)
by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;
(d)
by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;
(e)
by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or
(f)
by sending it by email to the individual’s last email address.
(3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served —(a)
by giving it to any partner or other like officer of the partnership;
(b)
by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address;
(c)
by sending it by fax to the fax number used at the partnership’s business address; or
(d)
by sending it by email to the partnership’s last email address.
(4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) may be served —(a)
by giving it to the body corporate’s secretary or other like officer, or the limited liability partnership’s manager;
(b)
by leaving it at, or by sending it by prepaid registered post to, the body corporate’s registered office or principal office in Singapore;
(c)
by sending it by fax to the fax number used at the body corporate’s registered office or principal office in Singapore; or
(d)
by sending it by email to the body corporate’s last email address.
(5) Service of a document under subsection (1) takes effect —(a)
if the document is sent by fax and a notification of successful transmission is received, on the day of transmission;
(b)
if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and
(c)
if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered).
(6) This section does not apply to documents to be served in proceedings in court.
(7) In this section —“business address” means —(a)
in the case of an individual, the individual’s usual or last known place of business in Singapore; or
(b)
in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;
“document” includes a notice or order permitted or required by this Act to be served;
“last email address” means —(a)
the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; or
(b)
the last email address of the addressee concerned known to the person giving or serving the document;
“residential address” means an individual’s usual or last known place of residence in Singapore.
Regulations
53.—(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act, including saving and transitional provisions as the Minister considers necessary or expedient.
(2) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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