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← Immigration Act 1959

Immigration Act 1959 s 51AD

s 51AD Procedure for arrest

51AD. —(1) An officer who makes an arrest under this Act — ( a ) must touch or confine the body of the person to be arrested unless the person submits to arrest by word or action; ( b ) may use all reasonable means necessary to make the arrest if the person to be arrested forcibly resists or tries to evade arrest; and ( c ) may search the person. (2) A person arrested must not be restrained more than is necessary to prevent the person’s escape. (3) A woman must not be searched under subsection (1)( c ) except by a woman. (4) If an immigration officer arrests a person under section 51AA, 51AB or 51AC, the immigration officer — ( a ) must immediately inform an authorised officer of the arrest; ( b ) must hand over the person to an authorised officer; and ( c ) may detain the person for a period not exceeding 24 hours in any suitable place of detention within or in the vicinity of an authorised area pending the handing over of the person under paragraph ( b ). (5) When a person is handed over to an authorised officer under subsection (4)( b ), the authorised officer must re‑arrest the person if — ( a ) in the case of an arrest under section 51AA(8) — the authorised officer has reason to believe that a relevant offence mentioned in section 51AA(8) has been committed; ( b ) in the case of an arrest under section 51AA(9) — the authorised officer has reason to believe that the person has committed the non‑arrestable offence mentioned in section 51AA(9) and the person — (i) refuses to give his or her name and residential address when required by the authorised officer; or (ii) gives a residential address outside Singapore, or a name or residential address that the authorised officer has reason to believe is false; ( c ) in the case of an arrest under section 51AB(3) read with section 51AB(1)( a ) — the authorised officer is satisfied that an arrest warrant has been issued against the person; ( d ) in the case of an arrest under section 51AB(3) read with section 51AB(1)( b ) — the authorised officer has reason to believe that the person is a person mentioned in section 64(1) of the Criminal Procedure Code 2010; ( e ) in the case of an arrest under section 51AB(3) read with section 51AB(1)( c ) — the authorised officer has reason to believe that the person is concerned in a specified offence; or ( f ) in the case of an arrest under section 51AC(4) — the authorised officer has reason to believe that the vehicle in question has been stolen or illegally taken or used. (6) If the authorised officer does not re‑arrest under subsection (5) a person handed over to the authorised officer under subsection (4)( b ), the person must be released. (7) In this section, “authorised officer”, in relation to a person arrested by an immigration officer, means — ( a ) if the person is arrested under section 51AA(8) or (9) or 51AC(4) — a police officer; ( b ) if an arrest warrant has been issued against the person and the person is arrested under section 51AB(3) read with section 51AB(1)( a ) — a person who may execute the arrest warrant under section 69 of the Criminal Procedure Code 2010; ( c ) if the person may be arrested by a police officer without a warrant under section 64(1) of the Criminal Procedure Code 2010 and the person is arrested under section 51AB(3) read with section 51AB(1)( b ) — a police officer; or ( d ) if the person is concerned in a specified offence and the person is arrested under section 51AB(3) in relation to the specified offence — (i) a police officer; or (ii) an officer of, or a person appointed by, a prescribed law enforcement agency, who is empowered by or under any written law (other than this Act or the regulations) to arrest the person without a warrant in relation to the specified offence. [Act 31 of 2023 wef 31/12/2024] —(1) An officer who makes an arrest under this Act — ( a ) must touch or confine the body of the person to be arrested unless the person submits to arrest by word or action; ( b ) may use all reasonable means necessary to make the arrest if the person to be arrested forcibly resists or tries to evade arrest; and ( c ) may search the person. (2) A person arrested must not be restrained more than is necessary to prevent the person’s escape. (3) A woman must not be searched under subsection (1)( c ) except by a woman. (4) If an immigration officer arrests a person under section 51AA, 51AB or 51AC, the immigration officer — ( a ) must immediately inform an authorised officer of the arrest; ( b ) must hand over the person to an authorised officer; and ( c ) may detain the person for a period not exceeding 24 hours in any suitable place of detention within or in the vicinity of an authorised area pending the handing over of the person under paragraph ( b ). (5) When a person is handed over to an authorised officer under subsection (4)( b ), the authorised officer must re‑arrest the person if — ( a ) in the case of an arrest under section 51AA(8) — the authorised officer has reason to believe that a relevant offence mentioned in section 51AA(8) has been committed; ( b ) in the case of an arrest under section 51AA(9) — the authorised officer has reason to believe that the person has committed the non‑arrestable offence mentioned in section 51AA(9) and the person — (i) refuses to give his or her name and residential address when required by the authorised officer; or (ii) gives a residential address outside Singapore, or a name or residential address that the authorised officer has reason to believe is false; ( c ) in the case of an arrest under section 51AB(3) read with section 51AB(1)( a ) — the authorised officer is satisfied that an arrest warrant has been issued against the person; ( d ) in the case of an arrest under section 51AB(3) read with section 51AB(1)( b ) — the authorised officer has reason to believe that the person is a person mentioned in section 64(1) of the Criminal Procedure Code 2010; ( e ) in the case of an arrest under section 51AB(3) read with section 51AB(1)( c ) — the authorised officer has reason to believe that the person is concerned in a specified offence; or ( f ) in the case of an arrest under section 51AC(4) — the authorised officer has reason to believe that the vehicle in question has been stolen or illegally taken or used. (6) If the authorised officer does not re‑arrest under subsection (5) a person handed over to the authorised officer under subsection (4)( b ), the person must be released. (7) In this section, “authorised officer”, in relation to a person arrested by an immigration officer, means — ( a ) if the person is arrested under section 51AA(8) or (9) or 51AC(4) — a police officer; ( b ) if an arrest warrant has been issued against the person and the person is arrested under section 51AB(3) read with section 51AB(1)( a ) — a person who may execute the arrest warrant under section 69 of the Criminal Procedure Code 2010; ( c ) if the person may be arrested by a police officer without a warrant under section 64(1) of the Criminal Procedure Code 2010 and the person is arrested under section 51AB(3) read with section 51AB(1)( b ) — a police officer; or ( d ) if the person is concerned in a specified offence and the person is arrested under section 51AB(3) in relation to the specified offence — (i) a police officer; or (ii) an officer of, or a person appointed by, a prescribed law enforcement agency, who is empowered by or under any written law (other than this Act or the regulations) to arrest the person without a warrant in relation to the specified offence. [Act 31 of 2023 wef 31/12/2024]

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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗

Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

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