Power to search premises
Open ↗27. The licensing officer, on being satisfied upon any information and after any inquiry which he or she thinks necessary that there is good reason to believe that any place is used for the carrying on of the business of a private investigation agency, a security agency or a security service provider by a person who is not the holder of a licence, may by warrant or writing under his or her hand authorise any person therein named or any police officer, with such assistance and by such force as is necessary, by day or by night —(a)
to enter or go to that place and to search the place and all persons found therein;
(b)
to seize all documents and things reasonably supposed to have been used or intended to be used in connection with the business which are found in that place or on those persons; and
(c)
to detain all those persons until they and the place have been searched.
Power to arrest
Open ↗28.—(1) The licensing officer or any police officer duly authorised in writing in that behalf by the licensing officer may without warrant arrest any person whom he or she reasonably suspects to have committed an offence under this Act, other than an offence under section 17A, 17B or 17C.[Act 29 of 2021 wef 01/05/2022]
(1A) Despite the Criminal Procedure Code 2010* specifying what an arrestable offence means, an offence under section 17A, 17B or 17C is to be treated as a non-arrestable offence, unless a person offends in the view of a police officer against any of those sections.[Act 29 of 2021 wef 01/05/2022]
[*Updated to be consistent with the 2020 Revised Edition]
(2) The licensing officer or any police officer duly authorised in writing in that behalf by the licensing officer arresting a person under subsection (1), or any police officer arresting a person by virtue of subsection (1A), may search such person and take possession of all articles found upon him or her which there is reason to believe were used in connection with the offence.[Act 29 of 2021 wef 01/05/2022]
(3) A person must not be searched except by a person of the same gender.
(4) Every person so arrested must be taken to a police station.
Power to investigate
Open ↗29.—(1) In any case relating to the commission of an offence under this Act (other than section 17A, 17B or 17C), the licensing officer or any police officer duly authorised in writing in that behalf by the licensing officer may exercise all or any of the special powers in relation to arrestable offences given by the Criminal Procedure Code 2010*.[*Updated to be consistent with the 2020 Revised Edition]
(2) To avoid doubt, section 16 of the Criminal Procedure Code 2010* (relating to the procedure in non-arrestable cases) applies in relation to an offence under section 17A, 17B or 17C that is treated as a non-arrestable offence by virtue of section 28(1A).[Act 29 of 2021 wef 01/05/2022]
[*Updated to be consistent with the 2020 Revised Edition]
Monitoring powers of licensing officer
Open ↗30.—(1) The licensing officer or any police officer duly authorised in writing in that behalf by the licensing officer (called in this section an authorised police officer) has, for the purposes of the execution of this Act, power to do all or any of the following:(a)
to enter, inspect and examine by day or night —(i)
the place of business of a licensed private investigation agency, a licensed security agency or a licensed security service provider (called in this section a licensee); or
(ii)
the place where any security officer is deployed;
(b)
to require a licensee to produce any records, accounts and documents kept by the licensee within such reasonable time as is specified by the licensing officer;
(c)
to inspect, examine and make copies of any such records, accounts and documents so produced;
(d)
to make such inquiry as may be necessary to ascertain whether the provisions of this Act are complied with.
(2) Where any such records, accounts and documents as are mentioned in subsection (1) are kept in electronic form, then —(a)
the power of the licensing officer or authorised police officer in subsection (1)(b) to require any such records, accounts or documents to be produced for inspection includes power to require a copy of the records, accounts or documents to be made available for inspection in legible form (and subsection (1)(c) is to accordingly apply in relation to any copy so made available); and
(b)
the power of the licensing officer or authorised police officer under subsection (1)(c) to inspect any such records, accounts or documents includes power to require any person on the premises in question to give him or her such assistance as he or she may reasonably require to enable him or her —(i)
to inspect and make copies of the records, accounts or documents in legible form or to make records of information contained in them; or
(ii)
to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the records, accounts or documents.
(3) A person who, without reasonable excuse, fails to comply with any requirement imposed under this section 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 2 years or to both.
