Difference between revisions of "Singapore"

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<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:170%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">'''BACKGROUND'''</h2>
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<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:170%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">'''Introduction'''</h2>
  
<big>Singapore is a republic with a parliamentary system of Government based on the Westminster Model.
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<big>
  
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=='''<small>HISTORICAL CONTEXT</small>'''==
  
The roots of Singapore’s legal system can be traced back to the English legal system and it has evolved over the years. The sources of law are derived from its Constitution, legislation, subsidiary legislation (e.g. Rules and Regulations et cetera) and judge-made law.
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The origins of Singapore’s current legal system is bound together with its history as a former British colony. In 1819, Sir Stamford Raffles of the British East India Company established a trading post in Singapore. Shortly after, in 1826, the British Parliament passed the Second Charter of Justice which in effect imported and applied English law in the Straits Settlements (i.e., the British settlements on the Malay Peninsula, which included Singapore).<ref>See e.g., the landmark case of R v Wilans, a Straits Settlement (Penang) case which held that English law up to 1826 (both common law and equity) was introduced to Singapore through the 1826 Second Charter of Justice.</ref>
  
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During its stint as a British colony, other laws were also implanted by the English into Singapore. In the field of criminal law, for example, the Indian Penal Code of 1860 was adopted by the Straits Settlements in 1872, and used instead of English common law for the relevant offences.<ref>See e.g., Yeo, Morgan & Chan, ‘Criminal Law in Singapore & Malaysia, Rev 2nd ed.’ (LexisNexis: Singapore, 2015) at 1.22-1.27 </ref>
  
'''The Constitution'''[http://statutes.agc.gov.sg/aol/search/display/view.w3p;page=0;query=DocId%3A%22cf2412ff-fca5-4a64-a8ef-b95b8987728e%22%20Status%3Ainforce%20Depth%3A0;rec=0] is the supreme law of the land and lays down the basic framework for the three organs of state, namely:
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After Singapore gained independence in 1965, however, it increasingly found that the law ‘received’ from the British no longer suited its needs, and started to develop its own autochthonous legal system. In 1993, appeals to the Privy Council (a UK-based body) were abolished. In the same year, the Application of English Law Act (Cap 7A, 1994 Rev Ed) came into force, and set out the extent (and limits) to which English law would apply in Singapore.
  
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Today, Singapore’s legal system, although bearing family resemblances to other commonwealth countries, is very much a law of its own. Like most other legal systems, Singapore takes reference from other jurisdictions to gauge the possible efficacy and necessity of certain legal developments. Judgments from certain jurisdictions may even be considered persuasive in court if we have certain legislative history in common (with UK, Australia, and Malaysian cases being the foreign jurisdictions often cited). However, Singapore courts do decline to follow other jurisdictions on the basis that e.g., the social contexts of the countries are different. For example, there is no Singapore equivalent of UK’s Human Rights Act of 1998, since this was a UK incorporation of the European Convention of Human Rights into domestic British law.
  
'''(a) Executive'''
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=='''<small>TYPE OF SYSTEM</small>'''==
  
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Singapore considers itself to have a Westminster-model parliamentary democracy.<ref>Ministry of Law, ‘Our Legal System’ (2018) https://www.mlaw.gov.sg/our-legal-system.html</ref> The Constitution is the supreme law of Singapore. Other sources of law include legislation, subsidiary legislation, and judge-made law (through precedents).
  
'''(b) Legislature'''
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=='''<small>LEGAL AID SITUATION</small>'''==
 
 
 
 
'''(c) Judiciary.'''
 
 
 
=='''<small>BRANCHES</small>'''==
 
 
 
 
 
'''(a) Executive
 
'''
 
 
 
The Executive includes the Elected President, the Cabinet and the Attorney-General. The President is elected by the people and is empowered to veto government budgets and appointments to public office. The Cabinet comprises the Prime Minister and Ministers appointed from among the Members of Parliament and is responsible for the general direction and control of the Government and is accountable to Parliament. The Attorney-General is the principal legal advisor to the government and has the power and discretion to prosecute offenders.
 
 
 
 
 
Executive power rests with the Cabinet. The Cabinet is led by the Prime Minister, who is appointed by the President. On the advice of the Prime Minister, the President appoints other Ministers from among the Members of Parliament to form the Cabinet. The Cabinet is responsible for all government policies and the day-to-day administration of the affairs of state.
 
 
 
 
 
'''(i) Prime Ministers of Singapore'''
 
 
 
 
 
1959 to 1990: Mr Lee Kuan Yew
 
 
 
1990 to 2004: Mr Goh Chok Tong
 
 
 
2004 to Present: Mr Lee Hsien Loong
 
 
 
 
 
'''(b) Legislative'''
 
 
 
 
 
The Legislature comprises the President and Parliament and is the legislative authority responsible for enacting legislation. Parliament is made up of elected, non-constituency and nominated Members of Parliament. The President’s assent is required for all bills passed by Parliament and he may in his discretion withhold assent to certain bills.
 
 
 
 
 
The Singapore Parliament is unicameral and together with the President of Singapore, is known as the Legislature. It is modelled after the Westminster system of parliamentary democracy, where Members of Parliament (MPs) are voted in at regular General Elections. In Singapore, a General Election must be held at least once every five years. The leader of the political party that secures the majority of seats in Parliament will be asked by the President to become the Prime Minister. MPs consist of either Elected, Non-Constituency or Nominated members.
 
 
 
 
 
The present 12th Parliament of Singapore, which opened its first session on 10 October 2011, has 99 MPs, comprising 87 elected MPs, 3 Non-Constituency MPs and 9 Nominated MPs.
 
 
 
 
 
'''(c) Judiciary'''
 
 
 
 
 
The Judiciary is made up of the Supreme Court and the State Courts. The Judiciary administers the law independently of the Executive and this independence is safeguarded by the Constitution. The Supreme Court consists of the Court of Appeal and the High Court. The Chief Justice, Judges of Appeal, Judicial Commissioners and High Court Judges are appointed by the President from candidates recommended by the Prime Minister.
 
 
 
 
 
Singapore practices the common law legal system, where the decisions of higher courts constitute binding precedent upon courts of equal or lower status within their jurisdiction, as opposed to the civil law legal system in continental Europe. The current criminal code was preceded by the Indian Penal Code which was adopted when Singapore was a Crown Colony.
 
 
 
 
 
Singapore has a comprehensive judicial system. The State Courts (previously known as Subordinate Courts) form the first tier in the judicial hierarchy to administer justice amongst the people. It comprises the District Courts, Magistrates' Courts, specialised courts – Family Court, Juvenile Court, Coroner's Court – Small Claims Tribunals and the Court Mediation Centre. The District Courts, Magistrates’ Courts and Small Claims Tribunals can hear civil matters where disputed amounts do not exceed $250,000, $60,000 and $10,000 respectively.
 
 
 
 
 
The second tier is the Supreme Court, made up of the High Court and Court of Appeal (the highest Court in the land). Both courts hear criminal cases and civil claims exceeding $250,000. The Chief Justice, Judges of Appeal, Judges and Judicial Commissioners are appointed by the President on the advice of the Prime Minister.
 
 
 
 
 
While the judicial system has been efficient in dispensing justice, the Government has found it necessary and expedient to complement the courts with other modes of alternative dispute resolution (ADR), namely arbitration and mediation. Having established itself as a major international commercial centre, Singapore has made giant leaps to cater to the demands of business for cheaper, quicker and, at times, confidential dispute resolution.
 
 
 
 
 
It has positioned itself as a competitive arbitration centre to match that of London and Hong Kong. Major law firms in Singapore now offer arbitration services, and institutions with state-of-the-art hearing facilities are in place to meet the arbitration needs of disputants.
 
 
 
 
 
For smaller claims, mediation has been promoted as an alternative method of resolving disputes. The State Courts via their Primary Dispute Resolution Centre and the Singapore Mediation Centre are the two main mediation avenues. The rest are initiatives spearheaded by the Government or industry namely Maintenance of Parents Tribunal, Community Mediation Centre and Consumers’ Association of Singapore.
 
 
 
 
 
'''(a) The Supreme Court[https://www.supremecourt.gov.sg/default.aspx?pgID=1]'''
 
 
 
 
 
The Supreme Court is made up of the Court of Appeal and the High Court, and hears both civil and criminal matters. Led by the Honourable the Chief Justice Sundaresh Menon, the Supreme Court Bench consists of the Judges of Appeal, Judges and Judicial Commissioners of the Supreme Court.
 
 
 
 
 
The High Court has jurisdiction to try all offences committed in Singapore and may also try offences committed outside Singapore in certain circumstances. In criminal cases, the High Court generally tries cases involving capital offences or cases involving imprisonment terms that exceed 10 years. Generally, except in probate matters, a civil case must be commenced in the High Court if the value of the claim exceeds $250,000. Probate matters are commenced in the High Court only if the value of the deceased's estate exceeds $3,000,000 or if the case involves the resealing of a foreign grant. In addition, ancillary matters in family proceedings involving assets of S$1,500,000 or more are also heard in the High Court.
 
 
 
 
 
Since 2002, various specialised courts like the Admiralty Court, the Intellectual Property Court and the Arbitration Court have also been set up in the Supreme Court in response to the increasing complexity of commercial cases reaching the judiciary. The establishment of dedicated specialist commercial courts underscores the Supreme Court´s depth of expertise and experience in these areas, and its commitment to position and promote Singapore as a premier centre for dispute resolution and as a jurisdiction of choice for the resolution of both domestic and international commercial disputes.
 
 
 
 
 
'''(b) State Courts of Singapore'''
 
 
 
 
 
The Judiciary is one of the three constitutional pillars of government along with the Legislature and the Executive. As an Organ of State, the Judiciary's function is to independently administer justice. The Chief Justice is the head of the Judiciary which comprises the Supreme Court and the State Courts (originally called Subordinate Courts).
 
 
 
 
 
The State Courts of Singapore include the District Courts, the Magistrates´ Courts, the Specialised Courts (i.e. Family Courts, Juvenile Courts, etc.) and the Small Claims Tribunals. As a critical component of the Judiciary, the State Courts handle more than 95% of the Judiciary's caseload.
 
 
 
 
 
The Chief District Judge has overall responsibility for the administration of the State Courts. The Chief District Judge leads a team of Judicial Officers who adjudicate on cases brought before the State Courts. He is assisted administratively by the Registrar who is also concurrently the Deputy Chief District Judge.
 
 
 
=='''<small>THE PRESIDENT</small>'''==
 
 
 
(''forms part of the Executive'')
 
 
 
 
 
'''Roles and Responsibilities'''[http://www.istana.gov.sg/roles-and-responsibilities]
 
 
 
 
 
The President of Singapore is the Head of State.
 
 
 
 
 
Prior to 30 November 1991, the President was a titular Head of State with a largely ceremonial role. On 30 November 1991, the Constitution of the Republic of Singapore was amended to make the President’s office an elected office with discretionary powers relating to the safeguarding of national reserves and the appointment of key personnel in the public sector and certain Government companies. Broadly, the roles and responsibilities of the President can be categorised as follows:
 
 
 
 
 
'''(a) Constitutional'''
 
 
 
 
 
The powers of the Elected President are set out in the Constitution of the Republic of Singapore and these powers largely fall into two categories - discretionary powers and non-discretionary powers.
 
 
 
 
 
'''(b) Discretionary powers'''
 
 
 
 
 
The President has the power to veto or disagree with the Government’s proposals in the following areas:
 
 
 
 
 
• Use of Past Reserves – i.e. Reserves not accumulated by the Government during its current term of office.
 
 
 
 
 
• Appointment and removal of key office holders in the public service and in the statutory boards and Government companies, which are listed in the Fifth Schedule to the Constitution.
 
 
 
 
 
• Changes to investment powers of the Central Provident Fund Board
 
 
 
 
 
• Restraining Orders under the Maintenance of Religious Harmony Act (Cap. 167A)
 
 
 
 
 
• Continued detention under the Internal Security Act (Cap. 143)
 
 
 
 
 
• Refusal of investigations by the Corrupt Practices Investigation Bureau (CPIB)
 
 
 
 
 
The President’s discretionary powers provide an important check and balance to the Government with regard to preventing the misuse of the nation’s reserves and ensuring that the public service is impartial.
 
 
 
 
 
The President must consult the Council of Presidential Advisers (CPA) on matters relating to Past Reserves and the appointment and removal of key office holders (Article 21(3) of the Constitution). On other areas involving the President’s discretionary powers, consultation of CPA is optional (Article 21(4) of the Constitution).
 
 
 
 
 
If the President vetoes (i) the Government’s budget (on the basis that it is likely to lead to a draw on Past Reserves) or (ii) the appointment/removal of any key office holder, and the President’s decision is contrary to CPA’s advice, Parliament may overrule the President’s decision with a two-thirds majority vote.
 
 
 
 
 
On other matters involving the President’s discretionary powers, the President’s decision is final.
 
 
 
 
 
'''(c) Protection of Past Reserves'''
 
 
 
 
 
The President acts as the guardian of Past Reserves – reserves that were accumulated before the current term of the Government, including reserves accumulated by key statutory boards and Government companies (SBGC) listed under the Fifth Schedule to the Constitution.
 
 
 
 
 
SBGCs include GIC Pte Ltd, Temasek Holdings Pte Ltd, the Housing and Development Board (HDB), Monetary Authority of Singapore (MAS), Central Provident Fund Board (CPFB) and Jurong Town Corporation (JTC).
 
 
 
 
 
The President may exercise his discretionary power and veto any budget or specific transaction (such as the giving of guarantees or raising of loans) of the Government or a Fifth Schedule SBGC if, in his opinion, the proposed budget or transaction is likely to lead to a draw on the Past Reserves.
 
 
 
 
 
The President does not direct the operations or the investment strategies of the Government or the Fifth Schedule SBGCs. However, in the case of the CPF Board, the President can veto any Bill passed by the Parliament that directly or indirectly affects the Board’s investment powers.
 
 
 
 
 
'''(d) Appointment of Key Office Holders'''
 
 
 
 
 
In the interest of ensuring the impartiality of the public sector, the President has the discretionary power to veto the appointment or removal of —
 
 
 
 
 
key office holders in the public service listed in Article 22 of the Constitution (such as the Chief Justice, Judges of the Supreme Court, Attorney-General, Auditor-General, Director of Corrupt Practices Investigation Bureau, Chairman and members of the Public Service Commission, Chief of Defence Force and Commissioner of Police);
 
 
 
 
 
any chairman, board member or chief executive officer of a Fifth Schedule statutory board (Article 22A of the Constitution); and
 
 
 
 
 
any director or chief executive officer of a Fifth Schedule Government company (Article 22C of the Constitution).
 
 
 
 
 
'''(e) ISA detention orders, CPIB investigations and restraining orders in relation to maintenance of religious harmony'''
 
 
 
 
 
The continued detention of a person under the Internal Security Act (ISA) requires the President’s concurrence if the Government disagrees with the recommendation of the advisory board (established under the ISA) that the person be released (Article 151(4) of the Constitution).
 
 
 
 
 
Investigations by the Corrupt Practices Investigation Bureau (CPIB) may be carried on with the President’s concurrence under Article 22G of the Constitution notwithstanding that the Prime Minister does not consent to such investigations.
 
 
 
 
 
Restraining orders made under the Maintenance of Religious Harmony Act (MRHA) must subsequently be confirmed by the President. The President also has the power under Article 22I of the Constitution to cancel or vary a restraining order if the advice of the Cabinet on the matter differs from the recommendation of the Presidential Council for Religious Harmony (established under the MRHA).
 
 
 
 
 
'''(f) Non-discretionary powers<ref>This Journal Article is brought to you for free and open access by the School of Law at Institutional Knowledge at Singapore Management University. It has been accepted for inclusion in Research Collection School of Law by an authorized administrator of Institutional Knowledge at Singapore Management University. For more information, please email libIR@smu.edu.sg</ref><ref>D A MShubhankar. Presidential Pardon in Singapore: A Comment on Yong Vui Kong v A.G. (2013). Common Law World Review., 42(1), 48. Research Collection School of Law. </ref>[http://ink.library.smu.edu.sg/sol_research/1243]'''
 
 
 
 
 
Non-discretionary powers of the President refer to matters in which the President has no discretion and must act in accordance with the advice of the Cabinet or a Minister. For example, the President must act in accordance with the Cabinet's advice regarding the pardon of a person convicted of an offence. The President must also act in accordance with the Prime Minister's advice on the appointment of Ministers.
 
 
 
 
 
'''(g) Ceremonial'''
 
 
 
 
 
As the Ceremonial Head of State, the President is the symbolic figure representing Singapore at ceremonies and internationally.
 
 
 
 
 
'''(h) Foreign Relations'''
 
 
 
 
 
All foreign ambassadors-designate and high commissioners-designate will present their credentials to the President before assuming office in Singapore. The President also presents letters of credence to ambassadors-designate and high commissioners-designate of Singapore before they leave to assume office overseas.
 
 
 
 
 
The President promotes friendship and economic ties between Singapore and other countries by hosting and engaging visiting dignitaries and making State Visits overseas.
 
 
 
 
 
A meeting between countries at the Head of State level is the highest form of a diplomatic exchange. Such exchanges promote international and bilateral trade and investments, and cooperation in various areas such as defence, education, research and development, and arts and culture, to open doors to opportunities around the world that Singaporeans can tap on.
 
 
 
 
 
'''(i) Officiating at State Events & Conferment of National Awards'''
 
 
 
 
 
As the highest office of the land, the Presidency is vested with several ceremonial functions. Each Parliament session is opened by the President who will deliver a Presidential address laying out the key challenges for each term of government. The President officiates at swearing-in ceremonies of key appointment-holders such as the Prime Minister, Cabinet Ministers, the Chief Justice and Judges of the Supreme Court. The annual National Day Parade is officiated by the President. The President also confers awards, such as the National Day Awards, on the advice of the Cabinet.
 
 
 
 
 
'''(j) Community[http://www.istana.gov.sg/roles-and-responsibilities/duties/community]'''
 
 
 
 
 
The President may use the influence of his position to support charitable and social causes, such as sports, volunteerism, social entrepreneurship, culture and the arts. The President's Challenge championed by the President is one such example.  The President is often invited to grace events organised by grassroots, community and welfare groups, ethnic and religious celebrations and social activities.
 
 
 
 
 
The Istana is open to the public on national festivities such as the Chinese New Year, Hari Raya Puasa, Deepavali, Labour Day and National Day. President will interact with members of the public during these open houses.
 
 
 
 
 
'''(k) Awards'''
 
 
 
The President lends his name to awards in recognition of excellence achieved in various fields, which are of importance to our nation and society and to encourage the development of our youths.
 
 
 
 
 
'''(l) Presidential office'''
 
 
 
 
 
'''• Council of Presidential Advisors'''
 
 
 
The Constitution of Singapore was amended in 1991 to give the Elected President custodial and discretionary powers to safeguard the reserves of the Government, which were not accumulated by the Government during its current term of office. The Constitutional amendments, which came into effect on 30 November 1991, also provided for a Council of Presidential Advisers (CPA) to advise the President in the exercise of his custodial and discretionary powers.  It is obligatory for the President to consult the Council before he vetoes the budgets of the Government and key government-linked bodies and the appointments of government nominees to key posts.
 
 
 
 
 
The Council comprises six members and two alternate members. Two members are appointed by the President at his discretion; two are the Prime Minister's nominees; one is the Chief Justice's nominee; and one is the nominee of the Chairman of the Public Service Commission.  One alternate member is appointed by the President at his discretion while the other is appointed by the President on the advice of the Prime Minister, in consultation with the Chief Justice and Chairman of Public Service Commission.
 
 
 
 
 
Members are appointed on a six-year term on their first appointment. They are eligible for re-appointment for further terms of four years each. Alternate members are appointed on a four-year term. The present Chairman of the CPA is Mr J Y Pillay. The other members are Mr S Dhanabalan, Mr Po'ad Bin Shaik Abu Bakar Mattar, Mr Goh Joon Seng, Mr Bobby Chin Yoke Choong and Mr Lee Tzu Yang. The two alternate members are Mr Lim Chee Onn and Mr Stephen Lee Ching Yen.  As Chairman of the Council of Presidential Advisers, Mr Pillay exercises the functions of the office of the President in the absence of the President. If he is unavailable, this duty then falls on the Speaker of Parliament.
 
 
 
 
 
'''(i) Role of the CPA'''
 
 
 
 
 
The CPA advises the President in the exercise of his discretionary veto powers.  The President must consult the CPA in the exercise of any of his discretionary powers in connection with appointments and the reserves. It is optional for the President to consult the CPA as regards other areas where he has discretionary powers. CPA proceedings are private.  The CPA may ask public officers to furnish information.  Should any public officer appear before the CPA, the officer is prohibited by the Constitution from disclosing his discussions before the CPA with anyone else.
 
 
 
 
 
'''(ii) Members  of Council of Presidential Advisers'''
 
 
 
 
 
Chairman – Mr J Y Pillay
 
 
 
Member – Mr S Dhanabalan
 
 
 
Member – Mr Po'ad Bin Shaik Abu Bakar Mattar
 
 
 
Member – Mr Goh Joon Seng
 
 
 
Member – Mr Bobby Chin Yoke Choong
 
 
 
Member – Mr Lee Tzu Yang
 
 
 
Alternate Member – Mr Lim Chee Onn
 
 
 
Alternate Member – Mr Stephen Lee Ching Yen
 
 
 
 
 
'''(iii) Other Presidential Councils'''
 
 
 
 
 
'''Presidential Council for Minority Rights'''
 
 
 
 
 
The Presidential Council for Minority Rights has its origins in 1970 when it was established as the Presidential Council under the Constitution. In 1973, the Council was renamed to its present name.
 
 
 
 
 
The Council examines all legislation to ensure that they are not disadvantageous to any racial or religious community as compared to other such communities. Its report on such legislation is presented to Parliament. In addition, the Council also considers matters affecting any racial or religious community that are referred to it by Parliament or the Government.
 
 
 
 
 
In its advisory capacity, the Council advises the President on nominations of appointees to the Presidential Council for Religious Harmony (under the Maintenance of Religious Harmony Act), the Malay Community Committee, and the Indian and Other Minorities Communities Committee (under the Parliamentary Elections Act).
 
 
 
 
 
Members of the Council are appointed by the President on the advice of the Cabinet. Currently, the Council has 16 Members comprising the Chairman, six permanent Members and nine other Members, as follows:
 
 
 
 
 
'''Chairman:'''
 
 
 
The Honourable the Chief Justice Sundaresh Menon
 
 
 
 
 
'''Permanent Members:'''
 
 
 
 
 
Tuan Haji Othman bin Wok
 
 
 
Mr Goh Chok Tong, Emeritus Senior Minister
 
 
 
Mr S Dhanabalan
 
 
 
Mr Lee Hsien Loong, Prime Minister
 
 
 
Mr K Shanmugam, Minister for Foreign Affairs and Minister for Law
 
 
 
 
 
'''Other Members:'''
 
 
 
Mr VK Rajah, Attorney-General
 
 
 
Mr J Y Pillay
 
 
 
His Grace Archbishop William Goh Seng Chye
 
 
 
Mr Othman Haron Eusofe
 
 
 
Mr Timothy James de Souza
 
 
 
Mr Abdullah Tarmugi
 
 
 
Prof Chan Heng Chee
 
 
 
Mr Barry Desker
 
 
 
Mr Philip Jeyaretnam
 
 
 
Mr Surjit Singh s/o Wazir Singh
 
 
 
Shaikh Syed Isa bin Mohamed Semait
 
 
 
Venerable Sik Kwang Sheng
 
 
 
 
 
'''(iv) Presidential Council for Religious Harmony'''
 
 
 
 
 
The Presidential Council for Religious Harmony is set up under the Maintenance of Religious Harmony Act (MRHA). The Chairman and members are appointed by the President of the Republic of Singapore. The Council gives its advice to the Minister for Home Affairs on matters affecting the maintenance of religious harmony in Singapore which are referred to it by the Minister or by Parliament, and considers and makes recommendations to the President on restraining orders issued under the Act. The Council can number from six to fifteen members, excluding the Chairman. The Council serves a three-year term.
 
 
 
 
 
The Chairman and members of the Council are:
 
 
 
 
 
'''Chairman:'''
 
 
 
Mr Goh Joon Seng
 
 
 
 
 
'''Members:'''
 
 
 
Venerable Seck Kwang Phing (Buddhist Representative)
 
 
 
His Grace Archbishop William Goh (Roman Catholic Representative)
 
 
 
Mr Rajendran s/o Sinnathamby (Hindu Representative)
 
 
 
Mufti Dr Mohamed Fatris Bakaram (Muslim Representative)
 
 
 
Mr Lim Khay Tham (Protestant Christian Representative)
 
 
 
Mr Surjit Singh s/o Wazir Singh (Sikh Representative)
 
 
 
Associate Professor Lee Cheuk Yin (Taoist Representative)
 
 
 
Mr Wee Heng Tin (Layperson)
 
 
 
Ms Lai Siu Chiu (Layperson)
 
 
 
 
 
'''(v) Aides-de-Camp'''
 
 
 
 
 
The term "Aide-de-Camp' is of French origin, meaning 'camp or field assistant'. The ADC was originally a military assistant in the field to a Sovereign, Chief of State, or General. They transmitted orders and supervised operations in the name of their commander, and even exercised delegated authority on occasions. In modern day, the ADC is an officer of the armed forces who serves as a personal assistant to the President, Head of State, General, Admiral, or other high-ranking commanders. Compared to the military importance and tasks of ADCs in 19th Century armies, the role of ADCs today have changed to become mainly those of rendering personal assistance and acting as confidential secretaries to their commanders.
 
 
 
In some countries, the ADC to the sovereign or Head of State is an honorary position. In others, ADCs have more detailed and important duties. In most countries, the tour of duty of an ADC is between two and four years, and it is usually required that an ADC appointee has served several years with troops previously. Currently, the President of the Republic of Singapore has three full-time ADCs. The full-time ADCs are assisted by a corps of Honorary ADCs from the Singapore Armed Forces, the Singapore Police Force and the Singapore Civil Defence Force at major events.
 
 
 
The full-time ADCs to the President attend to the general administration, security and social needs of the President, and accompany him whenever he attends, presides, or is involved in State functions, gatherings, ceremonies or occasions of ceremonial or charitable/social nature. They are responsible for the co-ordination, planning, execution and follow-up of all of President’s events, both locally and for overseas visits. Honorary ADCs assist the full-time ADCs in the discharge of their duties to the President. They help in areas such as receiving guests and serving as liaison officers for VIPs or as emcees at official events, to ensure the smooth running of these functions.
 
 
 
 
 
'''(vi) The Aiguillette'''
 
 
 
 
 
Internationally, Aides-de-Camp may be identified by the thick distinctive cords worn across their right shoulder, called aiguillettes. The aiguillettes are plaited cords ending at two points called aglets. Historically, the aglets were used by knights to fasten the plates of their armour together. Aiguillettes are worn on the right shoulder by officers of certain appointments only. They include:
 
 
 
 
 
Chief of Defence Force in the Singapore Armed Forces
 
 
 
Commissioner of Police in the Singapore Police Force
 
 
 
Commissioner in the Singapore Civil Defence Force
 
 
 
Aides-de-Camp to the President
 
 
 
Honorary Aides-de-Camp to the President
 
 
 
 
 
In Singapore, ADCs from the Singapore Armed Forces and the Singapore Civil Defence Force wear gold aiguillettes, while those from the Singapore Police Force wear silver aiguillettes.
 
 
 
 
 
'''(vii) Civil List'''
 
 
 
 
 
The Civil List provides the funds to maintain the President’s Office, including salaries of the President and his personal staff, and operational expenditures, such as the costs of running events and functions. The Civil List of the President of the Republic of Singapore, which is provided for under the Constitution (Article 22J) to enable the President to perform his functions, shall not be diminished during the continuance in office of the President.
 
 
 
 
 
'''(viii) Presidents of Singapore[http://www.istana.gov.sg/the-president]'''
 
 
 
 
 
1965 to 1970: Mr Yusof bin Ishak
 
 
 
1971 to 1981: Mr Benjamin Sheares
 
 
 
1981 to 1985: Mr Devan Nair
 
 
 
1985 to 1993: Mr Wee Kim Wee
 
 
 
1993 to 1999: Mr Ong Teng Cheong
 
 
 
1999 to 2011: Mr S R Nathan
 
 
 
2011 to Present: Dr Tony Tan Keng Yam
 
 
 
=='''<small>SINGAPORE LEGAL SYSTEM</small>[https://www.mlaw.gov.sg/our-legal-system.html]'''==
 
 
 
 
 
Although Singapore’s legal system has its root in the common law, the criminal law of Singapore is largely statutory in nature. The general principles of criminal law, as well as the elements and penalties of common criminal offences such as homicide, theft and cheating, are set out in the Penal Code.
 
 
 
 
 
Penal Code<ref>An Act to consolidate the law relating to criminal offences. [16th September 1872]  </ref>[http://statutes.agc.gov.sg/aol/search/display/view.w3p;page=0;query=DocId%3A%22025e7646-947b-462c-b557-60aa55dc7b42%22%20Status%3Ainforce%20Depth%3A0;rec=0]
 
 
 
 
 
'''REVISED EDITION 2008 – 30TH NOVEMBER 2008'''
 
 
 
 
 
'''(CHAPTER 224)'''
 
 
 
 
(''Original Enactment: Ordinance 4 of 1871'')
 
 
 
(''<small>numerals being the section number</small>'')
 
 
 
 
 
1. Short title
 
 
 
 
 
2. Punishment of offences committed within Singapore
 
 
 
 
 
3. Punishment of offences committed beyond, but which by law may be tried within Singapore
 
 
 
 
 
4. Jurisdiction over public servants for offences committed outside Singapore
 
 
 
 
 
5. Certain laws not to be affected by this Code
 
 
 
 
 
'''Chapter II'''
 
 
 
 
 
'''<small>GENERAL EXPLANATIONS</small>'''
 
 
 
 
 
6. Definitions in this Code to be understood subject to exceptions
 
 
 
 
 
7. Expression once explained is used in the same sense throughout this Code
 
 
 
 
 
8. "Gender"
 
 
 
 
 
9. "Number"
 
 
 
 
 
10. "Man" and "woman"
 
 
 
 
 
11. "Person"
 
 
 
 
 
12. "Public"
 
 
 
 
 
17. “Government”
 
 
 
 
 
19. “Judge”
 
 
 
 
 
20. “Court of justice”
 
 
 
 
 
21. “Public servant”
 
 
 
 
 
22. “Movable property”
 
 
 
 
 
23. “Wrongful gain” and “wrongful loss”
 
 
 
 
 
24. “Dishonesty”
 
 
 
 
 
25. “Fraudulent”
 
 
 
 
 
26. “Reason to believe”
 
 
 
 
 
27. Property in possession of spouse, clerk or servant
 
 
 
 
 
28. “Counterfeit”
 
 
 
 
 
29. “Document”
 
 
 
 
 
29A. “Writing”
 
 
 
 
 
29B. “Electronic Record”
 
 
 
 
 
30. “Valuable security”
 
 
 
 
 
31. “A will”
 
 
 
 
 
31A. “Die” and “instrument”
 
 
 
 
 
32. Words referring to acts include illegal omissions
 
 
 
 
 
33. “Act” and “omission”
 
 
 
 
 
34. Each of several persons liable for an act done by all, in like manner as if done by him alone
 
 
 
 
 
35. When such an act is criminal by reason of its being done with a criminal knowledge or intention
 
 
 
 
 
36. Effect caused partly by act and partly by omission
 
 
 
 
 
37. Co-operation by doing one of several acts constituting an offence
 
 
 
 
 
38. Several persons engaged in the commission of a criminal act may be guilty of different offences
 
 
 
 
 
39. "Voluntarily"
 
 
 
 
 
40. "Offence"
 
 
 
 
 
41. Offence with specified term of imprisonment
 
 
 
 
 
42. "Obscene"
 
 
 
 
 
43. "Illegal", "unlawful" and "legally bound to do"
 
 
 
 
 
44. "Injury"
 
 
 
 
 
45. "Life"
 
 
 
 
 
46. "Death"
 
 
 
 
 
47. "Animal"
 
 
 
 
 
48. “Vessel”
 
 
 
 
 
49. “Year” and “month”
 
 
 
 
 
50. “Section”
 
 
 
 
 
51. “Oath”
 
 
 
 
 
52. “Good faith”
 
 
 
 
 
 
 
'''CHAPTER III'''
 
 
 
 
 
'''PUNISHMENTS'''
 
 
 
 
 
53. Punishments
 
 
 
 
 
54. Imprisonment for life
 
 
 
 
 
57. [Repealed]
 
 
 
 
71. [Repealed]
 
 
 
 
 
72. Punishment of a person found guilty of one of several offences, the judgment stating that it is doubtful of which
 
 
 
 
 
73. Enhanced penalties for offences against domestic maids
 
 
 
 
 
74. Enhanced penalties for racially or religiously aggravated offences
 
 
 
 
 
75. Punishment of persons convicted, after a previous conviction, of an offence punishable with 3 years’ imprisonment
 
 
 
 
'''CHAPTER IV'''
 
 
 
 
 
'''<small>GENERAL EXCEPTIONS</small>'''
 
 
 
 
 
76. Act done by a person bound, or by mistake of fact believing himself bound by law
 
 
 
 
 
77. Act of judge when acting judicially
 
 
 
 
 
78. Act done pursuant to the judgment or order of a court of justice
 
 
 
 
 
79. Act done by a person justified, or by mistake of fact believing himself justified by law
 
 
 
 
 
80. Accident in the doing of a lawful act
 
 
 
 
 
81. Act likely to cause harm but done without a criminal intent, and to prevent other harm
 
 
 
 
 
82. Act of a child under 7 years of age
 
 
 
 
 
83. Act of a child above 7 and under 12 years of age, who has not sufficient maturity of understanding
 
 
 
 
 
84. Act of a person of unsound mind
 
 
 
 
 
85. Intoxication when a defence
 
 
 
 
 
86. Effect of defence of intoxication when established
 
 
 
 
 
87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent
 
 
 
 
 
88. Act not intended to cause death done by consent in good faith for the benefit of a person
 
 
 
 
 
89. Act done in good faith for the benefit of a child or person of unsound mind, by or by consent of guardian
 
 
 
 
 
90. Consent given under fear or misconception, by person of unsound mind, etc., and by child
 
 
 
 
 
91. Acts which are offences independently of harm caused to the person consenting, are not within the exceptions in sections 87, 88 and 89
 
 
 
 
 
92. Act done in good faith for the benefit of a person without consent
 
 
 
 
 
93. Communication made in good faith
 
 
 
 
 
94. Act to which a person is compelled by threats
 
 
 
 
 
95. Act causing slight harm
 
 
 
 
 
'''''Right of private defence'''''
 
 
 
 
 
96. Nothing done in private defence is an offence
 
 
 
 
 
97. Right of private defence of the body and of property
 
 
 
 
 
98. Right of private defence against the act of a person of unsound mind, etc.
 
 
 
 
 
99. Acts against which there is no right of private defence
 
 
 
 
 
100. When the right of private defence of the body extends to causing death
 
 
 
 
 
101. When such right extends to causing any harm other than death
 
 
 
 
 
102. Commencement and continuance of the right of private defence of the body
 
 
 
 
 
103. When the right of private defence of property extends to causing death
 
 
 
 
 
104. When such right extends to causing any harm other than death
 
 
 
 
 
105. Commencement and continuance of the right of private defence of property
 
 
 
 
 
106. Right of private defence against a deadly assault when there is risk of harm to an innocent person
 
 
 
 
 
'''CHAPTER V'''
 
 
 
 
 
'''ABETMENT'''
 
 
 
 
 
107. Abetment of the doing of a thing
 
 
 
 
 
108. Abettor
 
 
 
 
 
108A. Abetment in Singapore of an offence outside Singapore
 
 
 
 
 
108B. Abetment outside Singapore of an offence in Singapore
 
 
 
 
 
109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
 
 
 
 
 
110. Punishment of abetment if the person abetted does the act with a different intention from that of the abettor
 
 
 
 
 
111. Liability of abettor when one act is abetted and a different act is done
 
 
 
 
 
112. Abettor, when liable to cumulative punishment for act abetted and for act done
 
 
 
 
 
113. Liability of abettor for an offence caused by the act abetted different from that intended by the abettor
 
 
 
 
 
114. Abettor present when offence committed
 
 
 
 
115. Abetment of an offence punishable with death or imprisonment for life
 
 
 
 
 
116. Abetment of an offence punishable with imprisonment
 
 
 
 
 
117. Abetting the commission of an offence by the public or by more than 10 persons
 
 
 
 
 
118. Concealing a design to commit an offence punishable with death or imprisonment for life
 
 
 
 
 
119. A public servant concealing a design to commit an offence which it is his duty to prevent
 
 
 
 
 
120. Concealing a design to commit an offence punishable with imprisonment
 
 
 
 
 
 
 
'''CHAPTER VA'''
 
 
 
 
 
'''CRIMINAL CONSPIRACY'''
 
 
 
 
 
120A. Definition of criminal conspiracy
 
 
 
 
 
120B. Punishment of criminal conspiracy
 
 
 
 
 
 
 
'''CHAPTER VI'''
 
 
 
 
 
'''OFFENCES AGAINST THE STATE'''
 
 
 
 
 
121. Waging or attempting to wage war or abetting the waging of war against the Government
 
 
 
 
 
121A. Offences against the President’s person
 
 
 
 
 
121B. Offences against authority
 
 
 
 
 
121C. Abetting offences under section 121A or 121B
 
 
 
 
 
121D. Intentional omission to give information of offences against section 121, 121A, 121B or 121C by a person bound to inform
 
 
 
 
 
122. Collecting arms, etc., with the intention of waging war against the Government
 
 
 
 
 
123. Concealing with intent to facilitate a design to wage war
 
 
 
 
 
124. Assaulting President, etc., with intent to compel or restrain the exercise of any lawful power
 
 
 
 
 
125. Waging war against any power in alliance or at peace with Singapore
 
 
 
 
 
126. Committing depredation on the territories of any power in alliance or at peace with Singapore
 
 
 
 
 
127. Receiving property taken by war or depredation mentioned in sections 125 and 126
 
 
 
 
 
128. Public servant voluntarily allowing prisoner of State or war in his custody to escape
 
 
 
 
 
129. Public servant negligently suffering prisoner of State or war in his custody to escape
 
 
 
 
 
130. Aiding escape of, rescuing, or harbouring such prisoner
 
 
 
 
 
130A. “Harbour”
 
 
 
 
 
'''CHAPTER VIA'''
 
 
 
 
 
'''PIRACY'''
 
 
 
 
 
130B. Piracy by law of nations. Cf. 12 and 13 Victoria c. 96 (Admiralty Offences (Colonial) Act 1849)
 
 
 
 
 
130C. Piratical acts
 
 
 
 
 
'''CHAPTER VIB'''
 
 
 
 
 
'''GENOCIDE'''
 
 
 
 
 
130D. Genocide
 
 
 
 
 
130E. Punishment for genocide
 
 
 
 
 
'''CHAPTER VII'''
 
 
 
 
 
'''OFFENCES RELATING TO ARMED FORCES'''
 
 
 
 
 
131. Abetting mutiny, or attempting to seduce an officer or a serviceman from his duty
 
 
 
 
 
132. Abetment of mutiny, if mutiny is committed in consequence thereof
 
 
 
 
 
133. Abetment of an assault by an officer or a serviceman on his superior officer, when in the execution of his office
 
 
 
 
 
134. Abetment of such assault, if the assault is committed
 
 
 
 
 
135. Abetment of the desertion of an officer or a serviceman
 
 
 
 
 
136. Harbouring a deserter
 
 
 
 
 
137. Deserter concealed on board merchant vessel through negligence of master
 
 
 
 
 
138. Abetment of act of insubordination by an officer or a serviceman
 
 
 
 
 
139. Saving
 
 
 
 
 
140. Wearing the dress of a serviceman
 
 
 
 
 
140A. “Harbour”
 
 
 
 
 
140B. Application of Chapter VII to Singapore Police Force
 
 
 
 
 
'''CHAPTER VIII'''
 
 
 
 
 
'''OFFENCES RELATING TO UNLAWFUL ASSEMBLY'''
 
 
 
 
 
141. Unlawful assembly
 
 
 
 
 
142. Being a member of an unlawful assembly
 
 
 
 
 
143. Punishment
 
 
 
 
 
144. Joining an unlawful assembly armed with any deadly weapon
 
 
 
 
 
145. Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse
 
 
 
 
 
146. Force used by one member in prosecution of common object
 
 
 
 
 
147. Punishment for rioting
 
 
 
 
 
148. Rioting, armed with a deadly weapon
 
 
 
 
 
149. Every member of an unlawful assembly to be deemed guilty of any offence committed in prosecution of common object
 
 
 
 
 
150. Hiring, or conniving at hiring, of persons to join an unlawful assembly
 
 
 
 
 
151. Knowingly joining or continuing in any assembly of 5 or more persons after it has been commanded to disperse
 
 
 
 
 
151A. [Repealed]
 
 
 
 
 
152. Assaulting or obstructing public servant when suppressing riot, etc.
 
 
 
 
 
153. Wantonly giving provocation, with intent to cause riot
 
 
 
 
 
154. Owner or occupier of land on which an unlawful assembly is held
 
 
 
 
 
155. Liability of person for whose benefit a riot is committed
 
 
 
 
 
156. Liability of agent of owner or occupier for whose benefit a riot is committed
 
 
 
 
 
157. Harbouring persons hired for an unlawful assembly
 
 
 
 
 
158. Being hired to take part in an unlawful assembly or riot
 
 
 
 
 
159. [Repealed]
 
 
 
 
 
160. [Repealed]
 
 
 
 
 
'''CHAPTER IX'''
 
 
 
 
 
'''OFFENCES BY OR RELATING TO PUBLIC SERVANTS'''
 
 
 
 
 
161. Public servant taking a gratification, other than legal remuneration, in respect of an official act
 
 
 
 
 
162. Taking a gratification in order, by corrupt or illegal means, to influence a public servant
 
 
 
 
 
163. Taking a gratification, for the exercise of personal influence with a public servant
 
 
 
 
 
164. Punishment for abetment by public servant of the offences above defined
 
 
 
 
 
165. Public servant obtaining any valuable thing, without consideration, from person concerned in any proceeding or business transacted by such public servant
 
 
 
 
 
166. Public servant disobeying a direction of the law, with intent to cause injury to any person
 
 
 
 
 
167. Public servant framing an incorrect document or electronic record with intent to cause injury
 
 
 
 
 
168. Public servant unlawfully engaging in trade
 
 
 
 
 
169. Public servant unlawfully buying or bidding for property
 
 
 
 
 
170. Personating a public servant
 
 
 
 
 
171. Wearing garb or carrying token used by public servant, with fraudulent intent
 
 
 
 
 
'''CHAPTER X'''
 
 
 
 
 
'''CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS'''
 
 
 
 
 
172. Absconding to avoid arrest on warrant or service of summons, etc., proceeding from a public servant
 
 
 
 
 
173. Preventing service of summons, etc., or preventing publication thereof
 
 
 
 
 
174. Failure to attend in obedience to an order from a public servant
 
 
 
 
 
175. Omission to produce a document or an electronic record to a public servant by a person legally bound to produce such document or electronic record
 
 
 
 
 
176. Omission to give notice or information to a public servant by a person legally bound to give such notice or information
 
 
 
 
 
177. Furnishing false information
 
 
 
 
 
178. Refusing oath when duly required to take oath by a public servant
 
 
 
 
 
179. Refusing to answer a public servant authorised to question
 
 
 
 
 
180. Refusing to sign statement
 
 
 
 
 
181. False statement on oath to public servant or person authorised to administer an oath
 
 
 
 
 
182. False information, with intent to cause a public servant to use his lawful power to the injury of another person
 
 
 
 
 
183. Resistance to the taking of property by the lawful authority of a public servant
 
 
 
 
 
184. Obstructing sale of property offered for sale by authority of a public servant
 
 
 
 
 
185. Illegal purchase or bid for property offered for sale by authority of a public servant
 
 
 
 
 
186. Obstructing public servant in discharge of his public functions
 
 
 
 
 
187. Omission to assist public servant when bound by law to give assistance
 
 
 
 
 
188. Disobedience to an order duly promulgated by a public servant
 
 
 
 
 
189. Threat of injury to a public servant
 
 
 
 
 
190. Threat of injury to induce any person to refrain from applying for protection to a public servant
 
 
 
 
 
'''CHAPTER XI'''
 
 
 
 
 
'''FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE'''
 
 
 
 
 
191. Giving false evidence
 
 
 
 
 
192. Fabricating false evidence
 
 
 
 
 
193. Punishment for false evidence
 
 
 
 
 
194. Giving or fabricating false evidence with intent to procure conviction of a capital offence
 
 
 
 
 
195. Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment
 
 
 
 
 
196. Using evidence known to be false
 
 
 
 
 
197. Issuing or signing a false certificate
 
 
 
 
 
198. Using as a true certificate one known to be false in a material point
 
 
 
 
 
199. False statement made in any declaration which is by law receivable as evidence
 
 
 
 
 
200. Using as true any such declaration known to be false
 
 
 
 
 
201. Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender
 
 
 
 
 
202. Intentional omission to give information of an offence, by person bound to inform
 
 
 
 
 
203. Giving false information respecting an offence committed
 
 
 
 
 
204. Destruction of document or electronic record to prevent its production as evidence
 
 
 
 
 
204A. Obstructing, preventing, perverting or defeating course of justice
 
 
 
 
 
204B. Bribery of witnesses
 
 
 
 
 
205. False personation for the purpose of any act or proceeding in a suit
 
 
 
 
 
206. Fraudulent removal or concealment of property to prevent its seizure as a forfeiture or in execution of a decree
 
 
 
 
 
207. Fraudulent claim to property to prevent its seizure as a forfeiture or in execution of a decree
 
 
 
 
 
208. Fraudulently suffering a decree for a sum not due
 
 
 
 
 
209. Fraudulently or dishonestly making a false claim before a court of justice
 
 
 
 
 
210. Fraudulently obtaining a decree for a sum not due
 
 
 
 
 
211. False charge of offence made with intent to injure
 
 
 
 
 
212. Harbouring an offender
 
 
 
 
 
213. Taking gifts, etc., to screen an offender from punishment
 
 
 
 
 
214. Offering gift or restoration of property in consideration of screening offender
 
 
 
 
 
215. Taking gift to help to recover stolen property, etc.
 
 
 
 
 
216. Harbouring an offender who has escaped from custody, or whose apprehension has been ordered
 
 
 
 
 
216A. Harbouring robbers or gang-robbers, etc.
 
 
 
 
 
216B. “Harbour”
 
 
 
 
 
217. Public servant disobeying a direction of law with intent to save person from punishment or property from forfeiture
 
 
 
 
 
218. Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture
 
 
 
 
 
219. Public servant in a judicial proceeding making an order, etc., which he knows to be contrary to law
 
 
 
 
 
220. Commitment for trial or confinement by a person having authority who knows that he is acting contrary to law
 
 
 
 
 
221. Intentional omission to apprehend on the part of a public servant bound by law to apprehend
 
 
 
 
 
222. Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a court of justice
 
 
 
 
 
223. Escape from confinement negligently suffered by a public servant
 
 
 
 
 
224. Resistance or obstruction by a person to his lawful apprehension
 
 
 
 
 
225. Resistance or obstruction to the lawful apprehension of another person
 
 
 
 
 
225A. Public servant omitting to apprehend or suffering other persons to escape in cases not already provided for
 
 
 
 
 
225B. Resistance or obstruction to lawful apprehension, or escape, or rescue, in cases not otherwise provided for
 
 
 
 
 
225C. Offences against laws of Singapore where no special punishment is provided
 
 
 
 
 
226. Unlawful return from banishment
 
 
 
 
 
227. [Repealed]
 
 
 
 
 
228. Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding
 
 
 
 
 
229. Personation of an assessor
 
 
 
 
 
'''CHAPTER XII'''
 
 
 
 
 
'''OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS'''
 
 
 
 
 
230. “Coin” and “current coin”
 
 
 
 
 
231. Counterfeiting coin
 
 
 
 
 
232. Counterfeiting current coin
 
 
 
 
 
233. Making or selling instrument for counterfeiting coin
 
 
 
 
 
234. Making or selling instrument for counterfeiting current coin
 
 
 
 
 
235. Possession of instrument or material for the purpose of using the same for counterfeiting coin
 
 
 
 
 
236. Abetting in Singapore the counterfeiting out of Singapore of coin or current coin
 
 
 
 
 
237. Import or export of counterfeit coin
 
 
 
 
 
238. Import or export of counterfeits of current coin
 
 
 
 
 
239. Delivery to another of coin, possessed with the knowledge that it is counterfeit
 
 
 
 
 
240. Delivery of current coin, possessed with the knowledge that it is counterfeit
 
 
 
 
 
241. Delivery to another of coin as genuine, which when first possessed the deliverer did not know to be counterfeit
 
 
 
 
 
241A. Delivery to another of current coin as genuine, which when first possessed the deliverer did not know to be counterfeit
 
 
 
 
 
242. Possession of counterfeit coin by a person who knew it to be counterfeit when he became possessed thereof
 
 
 
 
 
243. Possession of current coin by a person who knew it to be counterfeit when he became possessed thereof
 
 
 
 
 
243A. [Repealed]
 
 
 
 
 
246. Fraudulently or dishonestly diminishing the weight or altering the composition of any coin
 
 
 
 
 
247. Fraudulently or dishonestly diminishing the weight or altering the composition of current coin
 
 
 
 
248. Altering appearance of any coin with intent that it shall pass as a coin of a different description
 
 
 
 
 
249. Altering appearance of current coin with intent that it shall pass as a coin of a different description
 
 
 
 
 
250. Delivery to another of coin possessed with the knowledge that it is altered
 
 
 
 
 
251. Delivery of current coin possessed with the knowledge that it is altered
 
 
 
 
 
252. Possession of altered coin by a person who knew it to be altered when he became possessed thereof
 
 
 
 
 
253. Possession of current coin by a person who knew it to be altered when he became possessed thereof
 
 
 
 
 
254. Delivery to another of coin as genuine, which when first possessed the deliverer did not know to be altered
 
 
 
 
 
254A. Delivery to another of current coin as genuine, which when first possessed the deliverer did not know to be altered
 
 
 
 
 
255. Counterfeiting a Government stamp
 
 
 
 
 
256. Having possession of an instrument or material for the purpose of counterfeiting a Government stamp
 
 
 
 
 
257. Making or selling an instrument for the purpose of counterfeiting a Government stamp
 
 
 
 
 
258. Sale of counterfeit Government stamp
 
 
 
 
 
259. Having possession of a counterfeit Government stamp
 
 
 
 
 
260. Using as genuine a Government stamp known to be counterfeit
 
 
 
 
 
261. Effacing any writing from a substance bearing a Government stamp, or removing from a document a stamp used for it, with intent to cause loss to Government
 
 
 
 
 
262. Using a Government stamp known to have been before used
 
 
 
 
 
263. Erasure of mark denoting that stamp has been used
 
 
 
 
 
'''CHAPTER XIII'''
 
 
 
 
 
'''OFFENCES RELATING TO WEIGHTS AND MEASURES'''
 
 
 
 
 
264. Fraudulent use of false instrument for weighing
 
 
 
 
 
265. Fraudulent use of false weight or measure
 
 
 
 
 
266. Being in possession of false weights or measures
 
 
 
 
 
267. Making or selling false weights or measures
 
 
 
 
 
'''CHAPTER XIV'''
 
 
 
 
 
'''OFFENCES AFFECTING THE PUBLIC TRANQUILITY, PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS'''
 
 
 
 
 
267A. Affray
 
 
 
 
 
267B. Punishment for committing affray
 
 
 
 
 
267C. Making, printing, etc., document containing incitement to violence, etc.
 
 
 
 
 
268. Public nuisance
 
 
 
 
 
269. Negligent act likely to spread infection of any disease dangerous to life
 
 
 
 
 
270. Malignant act likely to spread infection of any disease dangerous to life
 
 
 
 
 
271. Disobedience to a quarantine rule
 
 
 
 
 
272. Adulteration of food or drink which is intended for sale
 
 
 
 
 
273. Sale of noxious food or drink
 
 
 
 
 
274. Adulteration of drugs
 
 
 
 
 
275. Sale of adulterated drugs
 
 
 
 
 
276. Sale of any drug as a different drug or preparation
 
 
 
 
 
277. Fouling the water of a public spring or reservoir
 
 
 
 
 
278. Making atmosphere noxious to health
 
 
 
 
 
279. Rash driving or riding on a public way
 
 
 
 
 
280. Rash navigation of a vessel
 
 
 
 
 
281. Exhibition of a false light, mark or buoy
 
 
 
 
 
282. Conveying person by water for hire in a vessel overloaded or unsafe
 
 
 
 
 
283. Danger or obstruction in a public way or navigation
 
 
 
 
 
284. Negligent conduct with respect to any poisonous substance
 
 
 
 
 
285. Negligent conduct with respect to any fire or combustible matter
 
 
 
 
 
286. Negligent conduct with respect to any explosive substance
 
 
 
 
 
287. Negligent conduct with respect to any machinery in the possession or under the charge of the offender
 
 
 
 
 
288. Negligence in pulling down or repairing buildings
 
 
 
 
 
289. Negligence with respect to any animal
 
 
 
 
 
290. Punishment for public nuisance
 
 
 
 
 
291. Continuance of nuisance after injunction to discontinue
 
 
 
 
 
292. Sale of obscene books, etc.
 
 
 
 
 
293. Sale, etc., of obscene objects to young person
 
 
 
 
 
294. Obscene songs
 
 
 
 
 
'''CHAPTER XV'''
 
 
 
 
 
'''OFFENCES RELATING TO RELIGION OR RACE'''
 
 
 
 
 
295. Injuring or defiling a place of worship with intent to insult the religion of any class
 
 
 
 
 
296. Disturbing a religious assembly
 
 
 
 
 
297. Trespassing on burial places, etc.
 
 
 
 
 
298. Uttering words, etc., with deliberate intent to wound the religious or racial feelings of any person
 
 
 
 
 
298A. Promoting enmity between different groups on grounds of religion or race and doing acts prejudicial to maintenance of harmony
 
 
 
 
 
'''CHAPTER XVI'''
 
 
 
 
 
'''OFFENCES AFFECTING THE HUMAN BODY'''
 
 
 
 
 
''Offences affecting life''
 
 
 
 
 
299. Culpable homicide
 
 
 
 
 
300. Murder
 
 
 
 
 
301. Culpable homicide by causing the death of a person other than the person whose death was intended
 
 
 
 
 
302. Punishment for murder
 
 
 
 
 
304. Punishment for culpable homicide not amounting to murder
 
 
 
 
 
304A. Causing death by rash or negligent act
 
 
 
 
 
305. Abetment of suicide of child or insane person
 
 
 
 
 
306. Abetment of suicide
 
 
 
 
 
307. Attempt to murder
 
 
 
 
 
308. Attempt to commit culpable homicide
 
 
 
 
 
309. Attempt to commit suicide
 
 
 
 
 
310. Infanticide
 
 
 
 
 
311. Punishment for infanticide
 
 
 
 
 
'''''Causing miscarriage; injuries to unborn children; exposure of infant; and concealment of births'''''
 
 
 
 
 
312. Causing miscarriage
 
 
 
 
313. Causing miscarriage without woman’s consent
 
 
 
 
 
314. Death caused by act done with intent to cause miscarriage
 
 
 
 
 
315. Child destruction before, at or immediately after birth
 
 
 
 
 
316. Causing death of a quick unborn child by an act amounting to culpable homicide
 
 
 
 
 
317. Exposure and abandonment of a child under 12 years by parent or person having care of it
 
 
 
 
 
318. Concealment of birth by secret disposal of dead body
 
 
 
 
 
'''''Hurt'''''
 
 
 
 
 
319. Hurt
 
 
 
 
 
320. Grievous hurt
 
 
 
 
 
321. Voluntarily causing hurt
 
 
 
 
 
322. Voluntarily causing grievous hurt
 
 
 
 
 
323. Punishment for voluntarily causing hurt
 
 
 
 
 
324. Voluntarily causing hurt by dangerous weapons or means
 
 
 
 
 
325. Punishment for voluntarily causing grievous hurt
 
 
 
 
 
326. Voluntarily causing grievous hurt by dangerous weapons or means
 
 
 
 
 
327. Voluntarily causing hurt to extort property or to constrain to an illegal act
 
 
 
 
 
328. Causing hurt by means of poison, etc., with intent to commit an offence
 
 
 
 
 
329. Voluntarily causing grievous hurt to extort property, or to  constrain to an illegal act
 
 
 
 
 
330. Voluntarily causing hurt to extort confession or to compel restoration of property
 
 
 
 
 
331. Voluntarily causing grievous hurt to extort confession or to compel restoration of property
 
 
 
 
 
332. Voluntarily causing hurt to deter public servant from his duty
 
 
 
 
 
333. Voluntarily causing grievous hurt to deter public servant from his duty
 
 
 
 
 
334. Voluntarily causing hurt on provocation
 
 
 
 
 
335. Causing grievous hurt on provocation
 
 
 
 
 
336. Punishment for act which endangers life or the personal safety of others
 
 
 
 
 
337. Causing hurt by an act which endangers life or the personal safety of others
 
 
 
 
 
338. Causing grievous hurt by an act which endangers life or the personal safety of others
 
 
 
 
 
339. Wrongful restraint
 
 
 
 
 
340. Wrongful confinement
 
 
 
 
 
341. Punishment for wrongful restraint
 
 
 
 
 
342. Punishment for wrongful confinement
 
 
 
 
 
343. Wrongful confinement for 3 or more days
 
 
 
 
 
344. Wrongful confinement for 10 or more days
 
 
 
 
 
345. Wrongful confinement of person for whose liberation a writ has been issued
 
 
 
 
 
346. Wrongful confinement in secret
 
 
 
 
 
347. Wrongful confinement for the purpose of extorting property or constraining to an illegal act
 
 
 
 
 
348. Wrongful confinement for the purpose of extorting confession or of compelling restoration of property
 
 
 
 
 
'''''Criminal force and assault'''''
 
 
 
 
 
349. Force
 
 
 
 
 
350. Criminal force
 
 
 
 
 
351. Assault
 
 
 
 
 
352. Punishment for using criminal force otherwise than on grave and sudden provocation
 
 
 
 
 
353. Using criminal force to deter a public servant from discharge of his duty
 
 
 
 
 
354. Assault or use of criminal force to a person with intent to outrage modesty
 
 
 
 
 
354A. Outraging modesty in certain circumstances
 
 
 
 
 
355. Assault or criminal force with intent to dishonour otherwise than on grave and sudden provocation
 
 
 
 
 
356. Assault or criminal force in committing or attempting to commit theft of property carried by a person
 
 
 
 
 
357. Assault or criminal force in attempting wrongfully to confine a person
 
 
 
 
 
358. Assaulting or using criminal force on grave and sudden provocation
 
 
 
 
 
'''''Kidnapping, abduction, slavery and forced labour'''''
 
 
 
 
 
359. Kidnapping
 
 
 
 
 
360. Kidnapping from Singapore
 
 
 
 
 
361. Kidnapping from lawful guardianship
 
 
 
 
 
362. Abduction
 
 
 
 
 
363. Punishment for kidnapping
 
 
 
 
 
363A. Punishment for abduction
 
 
 
 
 
364. Kidnapping or abducting in order to murder
 
 
 
 
 
364A. [Repealed]
 
 
 
 
 
365. Kidnapping or abducting with intent secretly and wrongfully to confine a person
 
 
 
 
 
366. Kidnapping or abducting a woman to compel her marriage, etc.
 
 
 
 
 
367. Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.
 
 
 
 
 
368. Wrongfully concealing or keeping in confinement a kidnapped person
 
 
 
 
 
369. Kidnapping or abducting child under 10 years with intent to steal movable property from the person of such child
 
 
 
 
 
370. Buying or disposing of any person as a slave
 
 
 
 
 
371. Habitual dealing in slaves
 
 
 
 
 
372. Selling minor for purposes of prostitution, etc.
 
 
 
 
 
373. Buying minor for purposes of prostitution, etc.
 
 
 
 
 
373A. Importing woman for purposes of prostitution, etc.
 
 
 
 
 
374. Unlawful compulsory labour
 
 
 
 
 
'''''Sexual offences'''''
 
 
 
 
 
375. Rape
 
 
 
 
 
376. Sexual assault by penetration
 
 
 
 
 
376A. Sexual penetration of minor under 16
 
 
 
 
 
376B. Commercial sex with minor under 18
 
 
 
 
 
376C. Commercial sex with minor under 18 outside Singapore
 
 
 
 
 
376D. Tour outside Singapore for commercial sex with minor under 18
 
 
 
 
 
376E. Sexual grooming of minor under 16
 
 
 
 
 
376F. Procurement of sexual activity with person with mental disability
 
 
 
 
 
376G. Incest
 
 
 
 
 
377. Sexual penetration of a corpse
 
 
 
 
 
377A. Outrages on decency
 
 
 
 
 
377B. Sexual penetration with living animal
 
 
 
 
 
377C. Interpretation of sections 375 to 377B (sexual offences)
 
 
 
 
 
377D. Mistake as to age
 
 
 
 
 
'''''Theft'''''
 
 
 
 
 
378. Theft
 
 
 
 
 
379. Punishment for theft
 
 
 
 
 
379A. Punishment for theft of a motor vehicle
 
 
 
 
 
380. Theft in dwelling-house, etc.
 
 
 
 
 
381. Theft by clerk or servant of property in possession of master
 
 
 
 
 
382. Theft after preparation made for causing death or hurt in order to commit theft
 
 
 
 
 
'''''Extortion'''''
 
 
 
 
 
383. Extortion
 
 
 
 
 
384. Punishment for extortion
 
 
 
 
 
385. Putting person in fear of harm in order to commit extortion
 
 
 
 
 
386. Extortion by putting a person in fear of death or grievous hurt
 
 
 
 
 
387. Putting person in fear of death or of grievous hurt in order to commit extortion
 
 
 
 
 
388. Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc.
 
 
 
 
 
389. Putting person in fear of accusation of offence, in order to commit extortion
 
 
 
 
 
'''''Robbery and gang-robbery'''''
 
 
 
 
 
390. Robbery
 
 
 
 
 
391. Gang-robbery
 
 
 
 
 
392. Punishment for robbery
 
 
 
 
 
393. Attempt to commit robbery
 
 
 
 
 
394. Voluntarily causing hurt in committing robbery
 
 
 
 
 
395. Punishment for gang-robbery
 
 
 
 
 
396. Gang-robbery with murder
 
 
 
 
 
397. Robbery when armed or with attempt to cause death or grievous hurt
 
 
 
 
 
399. Making preparation to commit gang-robbery
 
 
 
 
 
400. Punishment for belonging to gang-robbers
 
 
 
 
 
401. Punishment for belonging to wandering gang of thieves
 
 
 
 
 
402. Assembling for purpose of committing gang-robbery
 
 
 
 
 
403. Dishonest misappropriation of property
 
 
 
 
 
404. Dishonest misappropriation of property possessed by a deceased person at the time of his death
 
 
 
 
 
'''''Criminal breach of trust'''''
 
 
 
 
 
405. Criminal breach of trust
 
 
 
 
 
406. Punishment of criminal breach of trust
 
 
 
 
 
407. Criminal breach of trust by carrier, etc.
 
 
 
 
 
408. Criminal breach of trust by clerk or servant
 
 
 
 
 
409. Criminal breach of trust by public servant, or by banker, merchant, or agent
 
 
 
 
 
'''''Receiving stolen property'''''
 
 
 
 
 
410. Stolen property
 
 
 
 
 
411. Dishonestly receiving stolen property
 
 
 
 
 
412. Dishonestly receiving property stolen in the commission of a gang-robbery
 
 
 
 
 
413. Habitually dealing in stolen property
 
 
 
 
 
414. Assisting in concealment or disposal of stolen property
 
 
 
 
 
'''''Cheating'''''
 
 
 
 
 
415. Cheating
 
 
 
 
 
416. Cheating by personation
 
 
 
 
 
417. Punishment for cheating
 
 
 
 
 
418. Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect
 
 
 
 
 
419. Punishment for cheating by personation
 
 
 
 
 
420. Cheating and dishonestly inducing a delivery of property
 
 
 
 
 
'''''Fraudulent deeds and dispositions of property'''''
 
 
 
 
 
421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
 
  
 +
'''a. Quick summary of some avenues of legal aid in Singapore'''
 
 
422. Dishonestly or fraudulently preventing a debt or demand due to the offender from being made available for his creditors
+
*Legal Aid (representation):
 
 
 
 
423. Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration
 
 
 
 
 
424. Dishonest or fraudulent removal or concealment of property or release of  claim
 
 
 
 
 
425. Mischief
 
 
 
 
 
426. Punishment for committing mischief
 
 
 
 
 
427. Committing mischief and thereby causing loss or damage to the amount of $500
 
 
 
 
 
428. Mischief by killing or maiming any animal
 
 
 
 
 
429. [Repealed]
 
 
 
 
 
430. Mischief by injury to works of irrigation or by wrongfully diverting water
 
 
 
 
 
430A. Mischief affecting railway engine, train, etc.
 
 
 
 
 
431. Mischief by injury to public road, bridge or river
 
 
 
 
 
431A. Mischief by injury to telegraph cable, wire, etc.
 
 
 
 
 
432. Mischief by causing inundation or obstruction to public drainage, attended with damage
 
 
 
 
 
433. Mischief by destroying or moving or rendering less useful a lighthouse or sea-mark
 
 
 
 
 
434. Mischief by destroying or moving, etc., a landmark fixed by public authority
 
 
 
 
 
435. Mischief by fire or explosive substance with intent to cause damage
 
 
 
 
 
436. Mischief by fire or explosive substance with intent to destroy a house, etc.
 
 
 
 
 
437. Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tons burden
 
 
 
 
 
438. Punishment for the mischief described in section 437 when committed by fire or any explosive substance
 
 
 
 
 
439. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.
 
 
 
 
 
440. Mischief committed after preparation made for causing death or hurt
 
 
 
 
 
'''''Criminal trespass'''''
 
 
 
 
 
441. Criminal trespass
 
 
 
 
 
442. House-trespass
 
 
 
 
 
443. Lurking house-trespass
 
 
 
 
 
444. Lurking house-trespass by night
 
 
 
 
 
445. House-breaking
 
 
 
 
 
446. House-breaking by night
 
 
 
 
 
447. Punishment for criminal trespass
 
 
 
 
 
448. Punishment for house-trespass
 
 
 
 
 
449. House-trespass in order to commit an offence punishable with death
 
 
 
 
 
450. House-trespass in order to commit an offence punishable with imprisonment for life
 
 
 
 
 
451. House-trespass in order to commit an offence punishable with imprisonment
 
 
 
 
 
452. House-trespass after preparation made for causing hurt, etc.
 
 
 
 
 
453. Punishment for lurking house-trespass or house-breaking
 
 
 
 
 
454. Lurking house-trespass or house-breaking in order to commit an offence punishable with imprisonment
 
 
 
 
 
455. Lurking house-trespass or house-breaking after preparation made for causing hurt, etc.
 
 
 
 
 
456. Punishment for lurking house-trespass by night or housebreaking by night
 
 
 
 
 
457. Lurking house-trespass by night or house-breaking by night in order to commit an offence punishable with imprisonment
 
 
 
 
 
458. Lurking house-trespass by night or house-breaking by night after preparation made for causing hurt, etc.
 
 
 
 
 
458A. Punishment for subsequent offence under section 454 or 457
 
 
 
 
 
459. Grievous hurt caused while committing lurking house-trespass or house-breaking
 
  
 +
All applicants: CLAS (non-capital criminal charges),
 +
LASCO (capital charges)
  
460. Lurking house-trespass by night or house-breaking by night when death or grievous hurt is caused
+
Singaporeans/PRs only: Legal Aid Bureau (civil claims)
  
 +
Foreigners only: HOME (migrant workers)
 +
JWB (migrant workers)
  
461. Dishonestly breaking open any closed receptacle containing or supposed to contain property
 
  
 +
*Legal Advice (e.g., through one-off legal clinics):
  
462. Punishment for same offence when committed by person entrusted with custody
+
All applicants: AWARE (women only),
 +
Jamiyah (Syariah law)
  
 +
Singaporeans/PRs only: Community Legal Clinic,
 +
SCWO (women, civil and muslim law, Singapore residents)
  
'''CHAPTER XVIII'''
+
Foreigners only: Healthserve (migrant workers)
 +
TWC2 (migrant workers)
 +
MWC (migrant workers)
  
  
'''OFFENCES RELATING TO DOCUMENTS OR ELECTRONIC RECORDS, FALSE INSTRUMENTS, AND TO CURRENCY NOTES AND BANK NOTES'''
+
<small>''Acronyms used (in alphabetical order): AWARE (Association of Women for Action and Research), CLAS (Criminal Legal Aid Scheme), HOME (Humanitarian Organization for Migration Economics), JWB (Justice Without Borders), LASCO (Legal Aid Scheme for Capital Offences), MWC (Migrant Workers’ Centre), SCWO (Singapore Council of Women’s Organizations), TWC2 (Transient Workers Count Too).''</small>
  
  
463. Forgery
+
'''b. State-sponsored legal aid'''
  
 +
*Criminal cases:
  
464. Making a false document or false electronic record
+
The '''Criminal Legal Aid Scheme''' (“CLAS”) provides legal assistance to anyone in Singapore who faces non-capital criminal charges in Court under the Penal Code or 16 other statutes, <ref>Arms & Explosives Act (Cap. 13); Arms Offences Act (Cap. 14); Computer Misuse and Cybersecurity Act (Cap. 50A); Corrosive & Explosive Substances & Offensive Weapons Act (Cap. 65); Dangerous Fireworks Act (Cap. 72); Enlistment Act (Cap. 93); Explosive Substances Act (Cap. 100); Films Act (Cap. 107); Miscellaneous Offences (Public Order and Nuisance) Act (Cap. 184); Misuse of Drugs Act (Cap. 185); Moneylenders Act (Cap. 188) [Sections 14 & 28] 12. Penal Code (Cap. 224); Prevention of Corruption Act (Cap. 241); Undesirable Publications Act (Cap. 338); Vandalism Act (Cap. 341); Women’s Charter (Cap. 353) [Sections 65(8) and 140(1)(i)] [Section 65(8) – any person who willfully contravenes a protection order] [Section 140(1)(i) – has carnal connection with any girl below the age of 16 years]</ref> provided that they pass both means and merits tests.<ref>See http://www.lawsocprobono.org/Documents/CLAS2015_PRINT%20(updated%2018jan16).pdf for more information</ref> This extends to non-Singaporeans and non-PRs.
  
 +
The '''Legal Assistance Scheme for Capital Offences''' (“LASCO”) assigns free legal counsel to anyone who is charged with an offence where the penalty may be death (i.e., capital offences, e.g., murder, kidnapping, trafficking in Class A drugs). LASCO will provide legal representation at trial and on appeal, usually with one leading counsel and one assisting counsel. There is neither a means test to pass nor eligibility criteria to satisfy.<ref>Supreme Court of Singapore, ‘Legal Assistance for Capital Offences (LASCO)’ https://www.supremecourt.gov.sg/services/self-help-services/legal-assistance-for-capital-offences</ref>
  
465. Punishment for forgery
+
*Civil cases:
  
 +
The '''Legal Aid Bureau''' (“LAB”) provides legal aid for Singaporeans and Permanent Residents (“PRs”) who pass means and merits tests in civil cases.<ref>To qualify for advice, assistance, and aid, applicants have to pass the means test. In addition, to qualify for aid (representation), applicants also have to pass the merits test. The means test qualifies people with (a) disposable income of $10,000 and below, and (b) disposable capital of $10,000 and below. Means test notwithstanding, the Director of Legal Aid can also qualify other applicants who are facing hardship. (see: https://www.mlaw.gov.sg/content/dam/minlaw/lab/About%20Us/Legal%20Aid%20Bureau%20-%20Flyer.pdf) Note however that there are some civil matters for which the LAB does not provide legal aid, such as defamation cases, as well as proceedings before the Small Claims Tribunal and the Tribunal for the Maintenance of Parents.</ref>  Also eligible are citizens/residents of contracting states who are involved in applications under the Hague Convention on the Civil Aspects of International Child Abduction. If the applicant is below the age of 21, the applicant’s parent/guardian must apply on their behalf. The Legal Aid Bureau is run by the Ministry of Law.<ref>Legal Aid Bureau, ‘Do I qualify for legal aid?’ (2018) https://www.mlaw.gov.sg/content/lab/en/eligibility/do-i-qualify-for-legal-aid.html</ref>
  
466. Forgery of a record of a court of justice, or a public register of births, etc.
+
The '''Community Legal Clinic''' also provides one-off basic legal advice for Singaporeans and Permanent Residents. The Community Legal Clinic is run by the Law Society of Singapore.
  
  
467. Forgery of a valuable security or will
+
'''c. Other existing organizations providing pro bono legal aid'''
  
 +
On top of directly state-sponsored legal aid, there are a number of other organizations that provide pro bono legal aid. Some NGOs focus on specific groups of applicants, such as migrant workers (HOME, Healthserve, TWC2, MWC); women (AWARE, SCWO); and startup companies (ACE).  Other NGOs focus on specific areas of law, such as Syariah law (Jamiyah), intellectual property matters (IPOS),  and consumer complaints (CASE).
  
468. Forgery for the purpose of cheating
+
''<small>acronyms: Action Community for Entrepreneurship (“ACE”), Intellectual Property Office of Singapore (“IPOS”), Consumers Association of Singapore (“CASE”)
 +
</small>
 +
''
  
  
469. Forgery for the purpose of harming the reputation of any person
+
'''d. Number of lawyers'''
  
 +
As of 2018, there were 5,336 legal practitioners in Singapore.<ref>Law Society of Singapore, ‘General Statistics’ https://www.lawsociety.org.sg/About-Us/General-Statistics</ref>
  
470. “A forged document” or “a forged electronic record”
 
  
 +
=='''<small>SOURCES OF DEFENDANT'S RIGHTS</small>'''==
  
471. Using as genuine a forged document or forged electronic record
+
Singapore Constitution, in particular Art 9:
 +
 +
'''''Liberty of the person'''''
  
 +
''9.—(1)  No person shall be deprived of his life or personal liberty save in accordance with law.''
  
472. Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable under section 467
+
''(2)  Where a complaint is made to the High Court or any Judge thereof that a person is being unlawfully detained, the Court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the Court and release him.''
  
 +
''(3)  Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.''
  
473. Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable otherwise
+
''(4)  Where a person is arrested and not released, he shall, without unreasonable delay, and in any case within 48 hours (excluding the time of any necessary journey), be produced before a Magistrate, in person or by way of video-conferencing link (or other similar technology) in accordance with law, and shall not be further detained in custody without the Magistrate’s authority.
 +
''
  
  
473A. Making or possessing equipment for making a false instrument
+
<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:170%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">'''Pre-trial procedures'''</h2>
  
 +
=='''<small>POLICE PROCEDURES</small>'''==
  
473B. Making or possessing equipment for making a false instrument with intent to induce prejudice
+
===<small>1. Complaint/information</small>===
  
 +
Information first received about an offence is normally recorded in a ‘First Information Report’. First information reports can be made to either police officers or other authorized persons. The recording officer/authorized person is obliged by law to follow certain procedures when information about an offence is given.
  
473C. Meaning of “prejudice” and “induce”
+
If the information is in writing, the recording officer must note the name and address of the person who gave the report, as well as the date and time the report was received. In addition, if the information appears to be signed, the officer is to file it as a report (s 14(2) CPC)
  
 +
If the information is given orally and the recording officer considers it practicable to reduce to writing immediately, the officer must ensure that they must record: (i) the date and time of their receipt of the information; (ii) the name and address of the informant; (iii) the information given by the informant; and (iv) any other such particulars as the nature of the case may require. In addition, the informant, the recording officer, and the interpreter (where applicable) must, where practicable, sign this report (s 14(3) and (4), CPC)
  
474. Having possession of certain document or electronic record known to be forged, with intent to use it as genuine
+
If the information is given orally and it is impracticable for the recording officer to write down immediately, the recording officer must (i) make a note of the first information; and (ii) if the information relates to an arrestable offence, record as soon as possible a fuller statement from the informant (s 14(5) r/w s 22 CPC).
  
 +
If the information is given to any authorized person, the person must immediately record the information in a report and communicate the report to a police officer whose duty is to deal with reports relating to the commission of any offence (s 15 CPC).
  
475. Counterfeiting a device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material
 
  
 +
===<small>2. Arrest, search, and seizure laws</small>===
  
476. Counterfeiting a device or mark used for authenticating documents or electronic records other than those described in section 467, or possessing counterfeit marked material
+
Offences are broadly categorized into offences that are ‘arrestable’ and ‘non-arrestable’ without a warrant.<ref>s 2(1), Criminal Procedure Code (“CPC”).</ref> The police’s procedures and powers of arrest, search and seizure in each investigation depends on which category offence a person has committed (or which the police can reasonably suspect them of committing). Arrestable Penal Code offences are indicated in the 3rd column of the first schedule of the Criminal Procedure Code (“CPC”).
  
 +
To determine if a non-Penal Code offence is arrestable:
 +
*(i) check for specific power of arrest in the particular legislation.
 +
*(ii) if no specific power of arrest, check for the prescribed sentence: punishable with imprisonment for > 3 years = arrestable; punishable with imprisonment for < 3 years or fine only = non-arrestable.
  
477. Fraudulent cancellation, destruction, etc., of a will
+
All other offences are non-arrestable unless otherwise specified.
  
  
477A. Falsification of accounts
+
<big>a. Arrest</big>
  
 +
* '''Arrest without warrant''':
  
'''''Currency notes and bank notes'''''
+
In general, a warrant for arrest must be obtained for the police to arrest a person (see ss 69-74 CPC for procedural requirements). However, there are provided certain circumstances in which a warrant need not be obtained. In addition to (a) ‘arrestable’ offences, the following people can be arrested without a warrant under s 64(1) CPC:
  
 +
• (b) possesses a housebreaking tool without being able to provide a lawful excuse for having it; 

  
489A. Forging or counterfeiting currency notes or bank notes
+
• (c)  an absconded offender under section 88; 

  
 +
• (d) reasonably suspected to be in possession of stolen/fraudulently obtained property and reasonably suspected to have committed an offence to obtain it
  
489B. Using as genuine forged or counterfeit currency notes or bank notes
+
• (e)  obstruction of police officer doing duty or (attempted/)escapee from lawful custody
  
 +
• (f)  deserter from Singapore Armed Forces, Singapore Police Force, volunteer/auxiliary/special forces attached to the police, or any visiting forces lawfully present in Singapore
  
489C. Possession of forged or counterfeit currency notes or bank notes
+
• (g) suspect that that person is trying to conceal his presence to commit an arrestable offence
  
 +
• (h)  has no apparent means of subsistence or who cannot give a satisfactory account of himself; 

  
489D. Making or possessing instruments or materials for forging or counterfeiting currency notes or bank notes
+
• (i)  is known to be a habitual robber, housebreaker or thief, or a habitual receiver of stolen property knowing it to be stolen, or who is known to habitually commit extortion or to habitually put or attempt to put persons in fear of injury in order to commit extortion;

  
+
• (j) breach of peace (commission or attempt in the presence of a police officer)
489E. [Repealed]
 
  
 +
• (k) planning to commit an arrestable offence if cannot otherwise be prevented
  
'''CHAPTER XX'''
+
• (l) subject to police supervision
  
 +
• (m) breached detention order
  
'''OFFENCES RELATING TO MARRIAGE'''
+
There is other legislation that provides for arrest without a warrant, inter alia –
  
 +
• Any person who commits or is reasonably suspected of committing an offence under the Misuse of Drugs Act (See s 25)
  
493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
+
• Any person who commits an offence under s 40 of the Miscellaneous Offences (Public Order & Nuisance) Act (See s 40)
  
 +
• Any person who commits or is reasonably believed to have committed an offence under the Immigration Act (See s 51)
 +
 +
• Any person who commits an offence under the National Registration Act (See s 16(1))
  
494. Marrying again during the lifetime of husband or wife
 
  
 +
* '''Physical but not unnecessary restaint''':
  
495. Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted
+
Physical restraint: When arresting, the arrestee’s body must be touched/confined unless person submits to arrest by word or action (s 75 CPC)
  
 +
No unnecessary restraint: The person must not be restrained more than is necessary to prevent his escape. (s 76 CPC)
  
496. Marriage ceremony gone through with fraudulent intent without lawful marriage
 
  
 +
* '''Right to be informed of grounds of arrest''':
  
498. [Repealed]
+
“Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest.” (s 9(3) Constitution)
  
 +
• General information is sufficient: under what power he is being arrested under and the grounds of his arrest.
  
'''CHAPTER XXI'''
+
• “as soon as may be” – a question of fact in each case
  
 +
• If not informed, the accused’s arrest and detention can be deemed false imprisonment until he is told (Christie v Leachinsky)
  
'''DEFAMATION'''
 
  
 +
* '''Right to counsel''':
  
499. Defamation
+
“Where a person is arrested, (…) he shall be allowed to consult and be defended by a legal practitioner of his choice (s 9(3) Constitution; s 236 CPC)
  
 +
• Within a reasonable time after arrest. Need not be immediately after arrest; right to be defended by an advocate must be balanced against the duty of the police to carry out effective investigations. Whether the time is ‘reasonable’ is a question of fact in each case. (Jasbir Singh v PP – 2 weeks; affirmed by the Court of Appeal in James Raj S/o Arokiasamy v PP)<ref>James Raj s/o Arokiasamy v PP (“the Messiah”) [2014] 3 SLR 750</ref>
  
500. Punishment for defamation
+
• Right to counsel is not an unqualified right. Accused can only be entitled to be defended by a legal practitioner of his choice insofar as the legal practitioner is similarly willing and able to defend him. (Balasundaram v PP)
  
 +
• No right to be informed of right to counsel
  
501. Printing or engraving matter known to be defamatory
+
• No right of foreign persons to consular access before statements are recorded.  
  
  
502. Sale of printed or engraved substance containing defamatory matter
+
<big>b. Search</big>
  
 +
In general, the police’s powers of search depends on whether the offence is arrestable or not. In general, if the investigation involves a non-arrestable offence, the Police have no automatic powers of search, and will have to apply for a search warrant (s 25 CPC, cf. s 34 CPC).
  
'''CHAPTER XXII'''
+
* '''Of people''':
  
 +
Search of arrested people without bail (s78(1) CPC)
  
'''CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE'''
+
In this search of the person arrested, the police may place in safe custody all articles other than necessary wearing apparel found upon the person. Search for name and address: any person who is lawfully in custody and unable to give a reasonable account of himself may be searched to find out their name or address (s 80 CPC). Detention and search of people found in a place which is being searched for an object: where a search for anything is lawfully made in any place in respect of any offence, every person found there may be lawfully detained until the search is complete (s 81(1) CPC). Furthermore, if the thing sought can be concealed on a person, the people found in the place can be searched for it by or in the presence of a police officer rank sergeant and above (s 81(2) CPC).
  
 +
Search of a woman: must be by another woman unless suspected of terrorism or unless the search cannot be made within a reasonable time by a woman (s83 CPC).
  
503. Criminal intimidation
+
* '''Of premises''':
  
 +
Starting point: search warrant needed to be issued by the court (s 25 CPC).
  
504. Intentional insult with intent to provoke a breach of the peace
+
Search without warrant for items related to arrestable offences: the investigating police officer may search for a document or other thing in any place without a search warrant if he considers the item necessary for his investigation, and: (a) he has reason to believe that the person in possession of the item is unlikely to produce it; (b) he has reason to believe that the item is likely to be removed; or (c) it is not known who possesses this item or thing (s 34 CPC).
  
 +
These powers include access to and limiting access to any computer if the police officer has reasonable cause to suspect that it is or has been used in connection with or contains evidence relating to the arrestable offence (s 39 CPC).
  
505. Statements conducing to public mischief
+
Search without warrant of the premises of the person related to arrestable offence: police officers are allowed to enter and search any place belonging to/in the control of a person who is: (i) under arrest for an arrestable offence, (ii) connected to the arrestable offence, or (iii) has given shelter to the person under arrest for an arrestable offence (s 78(2) CPC).
  
 +
Search without warrant for stolen property: police officers rank sergeant and above can without a warrant search a place which they have reasonable cause to suspect contains stolen property if they have good grounds to believe that the property is likely to be removed (s 32 CPC). In addition, any police officer who has authorization by the Commissioner of Police can search premises which are or have been (for the past 12 months) been occupied by persons convicted of receiving stolen property, harbouring thieves, fraud/dishonesty etc. for the stolen property (s 33 CPC).
  
506. Punishment for criminal intimidation
+
Search without warrant for a person sought to be arrested: police officers with the authority to arrest (or any other person acting under an arrest warrant) can search any place if they have reason to believe that the person to be arrested is inside (s 77 CPC). In the course of this search, the police have the power to use reasonable means to effect entry for the search, including the breaking of doors and windows (s 77(4) CPC)
  
  
507. Criminal intimidation by an anonymous communication
+
<big>c. Pre-trial detention</big>
  
 +
* '''Must be brought before a court without unnecessary delay'''
  
508. Act caused by inducing a person to believe that he will be rendered an object of divine displeasure
+
• When arrest is without a warrant: must be heard before a Magistrate’s Court without unnecessary or unreasonable delay and within 48 hours (ss 67, 68 CPC)
  
 +
• When arrest is with a warrant/when arrest is by a citizen: must be brought before the relevant court without unnecessary delay
  
509. Word or gesture intended to insult the modesty of a woman
 
  
 +
* '''Exception: Preventive Detention'''
  
510. [Repealed]
+
Article 9(1) of the Constitution states that “no person shall be deprived of his (…) personal liberty save in accordance with law”. However, the Constitution simultaneously provides that any law designed to prevent actions that are (inter alia) prejudicial to the security of Singapore is valid notwithstanding that it may be inconsistent with the rights enumerated in the Constitution, including Art 9 (Art 149(1), Singapore Constitution).
  
 +
Person may be detained for up to 2 years on order of Minister with the satisfaction of President: Under s 8 of the Internal Security Act (“ISA”), the Minister may order that a person be detained for up to two years if the President is satisfied that it is necessary to prevent that person from acting in any manner prejudicial to the security of Singapore.
  
'''CHAPTER XXIII'''
+
Person may be detained for up to 12 months with satisfaction of Minister and consent of Public Prosecutor: At the same time, s 30 of the Criminal Law (Temporary Provisions) Act (“CLTPA”) allows for the detention of a person for up to 12 months if the person has been associated with activities of a criminal nature, if he has the consent of the Public Prosecutor, and if he is satisfied that this detention is necessary in the interests of public safety, peace, and good order.
  
 +
Constitutional restrictions on preventive detention: Art 151 requires the authority on whose order the person is being detained to provide (i) grounds, (ii) allegations of fact and (iii) opportunity to make representation. Furthermore, no citizen can be detained for more than 3 months without being given the opportunity to make representations to the advisory board (final decision upon 2/3 of Elected Presidency, Advisory Board or Internal Security Department).
  
'''ATTEMPTS TO COMMIT OFFENCES'''
+
There have been efforts to judicially review the executive’s discretion under the various Acts that provide for preventive discretion. One of the main controversies is whether it the court should use a ‘subjective’ or ‘objective’ test to determine whether the Minister has been reasonable in ordering the detention (see Lee Mau Seng, Chng Suan Tze, and Teo Soh Lung<ref>Lee Mau Seng v Minister for Home Affairs, Singapore & Anor [1969-1971] SLR 508; Chng Suan Tze v Minister of Home Affairs [1989] MLJ 89 and [1988] 2 SLR 525; Teo Soh Lung v Minister of Home Affairs & Ors [1990] SLR 40</ref>;  Michael Hor (2005)<ref>Michael Hor, ‘Law and Terror: Singapore Stories and Malaysian Dilemmas’ in Victor V. Ramraj, Michael Hor & Kent Roach, eds., Global Anti-Terrorism Law and Policy (Cambridge: Cambridge University Press, 2005) 273-294</ref>  for a more comprehensive overview).
  
  
511. Punishment for attempting to commit offences
+
<big>d. Enforcing the Rules</big>
  
=='''<small>THE CRIMINAL PROCEDURE CODE</small>[http://www.singaporecriminallawyer.com/your-rights/]'''==
 
  
'''(a) Individual Rights'''
+
Note that the illegality of arrests do not affect the court’s jurisdiction to try the accused. Rather, the accused’s remedies lie in civil proceedings or disciplinary actions against the police.
  
  
(i) Police can make an arrest on any person without a warrant of arrest if the police reasonably suspect a man of committing a serious offence. Arrestable offences without a warrant include rape, causing serious hurt, robbery, theft or drug consumption. However, for a normally non-arrestable offence, it is mandatory for the police to conduct an investigation before executing an arrest.
+
''(i) Lineups and other identification procedures''
  
 +
There is a lack of legislative guidelines regulating the conduction of identification parades<ref>CHEN, Siyuan and CHUA, Eunice. Wrongful Convictions in Singapore: A General Survey of Risk Factors. (2010). Singapore Law Review. 28, 98-122. Research Collection School Of Law.</ref>. The Courts therefore generally have discretion as to whether they will admit or give weight to the evidence but must do so within the confines of procedural safeguards put in place to lessen the danger of the Court relying on unreliable identification evidence.
  
(ii) Upon arrest, the individual has the right to request the police for identification and the reason for his or her arrest, at this point handcuffs may be used. Should there require a body search, the female accused can only be searched by female police officers.  
+
Firstly, the Courts will give less weight to evidence obtained from line-ups where the composition of foils is clearly unfair to the accused<ref>Lee Desmond, "Legal and Psychological Perceptiveness on Eyewitness Testimony" (2002) 22 Sing. L. Rev. 202</ref>.
  
 +
Secondly, the Singapore Courts have formulated a three-step test<ref>Kunasekaran s/o Kalumuthu Somasundara v Public Prosecutor [2018] 4 SLR 580</ref> based on a modified variation of the Turnbull guidelines<ref>R v Turnbull [1977] QB 224</ref>  to assess the reliability of evidence:
  
(iii) At the police station, the accused has the right to consult a lawyer within a reasonable time. Accused may also contact their family members provided that they do not interfere with the investigation that the accused is charged with.
+
(a) Whether the case is dependent wholly or substantially on the correctness of the identification evidence alleged by the Defence to be mistaken; and if the answer is yes,
  
 +
(b) If so, whether the identification evidence is of good quality, having regard to the circumstances in which it was made; or
  
(iv) The Police can only detain the accused for 48 hours at most, but extension may be made by obtaining a Magistrate’s order if the police deem fit to hold the accused under custody to continue with the investigations. Should extension be requested, police must then make a submission to the Judge entailing the reason(s) for the extension of the detention. The Judge will then have to consider the adequacy of the reason(s) submitted and decide whether extension may be allowed.  
+
(c) Where the quality of such evidence is poor, whether there is any other evidence that supports the correctness of the identification.
  
 +
Whether identification evidence will be used and to what extent is subject to the three-step test. If the first limb is satisfied, the second or third does not have to be satisfied for the Court to rely on the evidence<ref>CHEN, Siyuan and CHUA, Eunice. Wrongful Convictions in Singapore: A General Survey of Risk Factors. (2010). Singapore Law Review. 28, 98-122. Research Collection School Of Law.</ref>.
  
(v) The accused has the right against self-incrimination and the right to a lawyer. This ensures impartiality which is an important element in due process; protecting the fairness and reliability of the statement that had been taken<ref>Singapore Academy of Law Journal (2013) 25 SAcLJ – The Privilege Against Self-Incrimination and Right of Access to a Lawyer; A Comparative Assessment</ref>.  However, adverse inference may be drawn<ref>Section 22 of the Criminal Procedure Code. Also see Kwek Seow Hock v Public Prosecutor [2011] 3 SLR 157</ref> and guilt may be inferred if the accused remains silent and does not state his defence, if any at the earliest possible time.
 
  
 +
''(ii) Interrogation''
  
(vi) Investigations are mandatory before an individual can be charged in Court. Investigations are carried out to determine the reliability of any evidence claiming your innocence or guilt.  
+
The procedures and rules governing interrogation in Singapore bestow comprehensive and potent<ref>Muhammad bin Kadar and another v Public Prosecutor [2011] 3 SLR 1205 at [57]</ref> powers of interrogation upon police officers as part of a wider presumption of police integrity<ref>Muhammad bin Kadar and another v Public Prosecutor [2011] 3 SLR 1205 at [58]</ref>.  
  
 +
Singapore’s attitude towards admissibility of evidence obtained from police-led interrogation is also significantly more lenient than practices in other Commonwealth countries and marks a departure from the original intention that police-taken statements should be prima facie inadmissible<ref>Michael Hor, ‘The Future of Singapore’s Criminal Process’, [2013] 25 SAcLJ 847 at page 851</ref>. This attitude has been justified by arguments that the safeguards put in place for statements obtained by the Police ensure sufficient reliability<ref>Muhammad bin Kadar and another v Public Prosecutor [2011] 3 SLR 1205 at [58]: These safeguards give rise to the statutory-based assumption that such senior police officers are competent and will discharge their obligations conscientiously.</ref>.
  
(vii) The following are some of the enforcement agencies that are empowered to conduct Investigations<ref>Reference was made to: http://www.singaporecriminallawyer.com/your-rights/</ref>:
 
  
 +
* '''Oral Statements Taken Before Suspect has been Formally Charged'''
  
Police officers;
+
Under s 22(1) of the Criminal Procedure Code, before any person is formally charged with an offence, police officers have the power to compel any suspects or witnesses to appear before them<ref>s 21(1) of the Criminal Procedure Code (Cap 68): In conducting an investigation under this Part, a police officer may issue a written order requiring anyone within the limits of Singapore, who appears to be acquainted with any of the facts and circumstances of the case, to attend before him, and that person must attend as required.</ref>. Police officers have the power to orally examine these persons and take section 22 statements from them as long as they are connected to the proceedings or persons to be charged or already charged with an offence in connection with the case at hand<ref>s 22(1) of the Criminal Procedure Code</ref>. These section 22 statements are prima facie admissible in Court<ref>s 258(1) of the Criminal Procedure Code </ref>.
  
• Central Narcotics Bureau (‘CNB’) officers;
+
Although the person being examined “shall be bound to state truly what he knows of the facts and circumstances of the case ”<ref>s 22(2) of the Criminal Procedure Code</ref>, he enjoys the right of silence<ref>Also known as the privilege against self-incrimination. Ho Hock Lai, ‘On the Obtaining and Admissibility of Incriminating Statements’, [2016] Singapore Journal of Legal Studies, 249–276</ref>. This right is not considered to be a Constitutional right<ref>Public Prosecutor v Mazlan bin Maidun and another [1992] 3 SLR(R) 968</ref>.
  
• Corrupt Practices Investigation Bureau (‘CPIB’) officers;
+
The right of silence under this section has two limitations:
  
• Immigration officers;
+
(a) The accused does not have to be informed of the right of silence<ref>Public Prosecutor v Mazlan bin Maidun and another [1992] 3 SLR(R) 968. In the past, the police had to inform the suspect of his right not to say anything before questioning him. This duty was set out in rules 3, 4 and 5 of Schedule E to the Criminal Procedure Code (Cap 113, 1970 rev. ed.). The Schedule was repealed in 1976. See Mohamed Bachu Miah v. PP [1992] 2 SLR(R) 783 at [43], [48]. </ref>; and
  
• Customs officers;
+
(b) The Court can make adverse inferences from the silence<ref>S 261 of the Criminal Procedure Code </ref>.
  
• Commercial Affairs Department (‘CAD’) officers;
+
The Court of Appeal in Kwek Seow Hock v Public Prosecutor held that the Court may draw an adverse inference under Section 22(2) on the person’s failure to mention a fact that may prove his innocence in the statement given to the police during the investigation process. While this rarely forms the sole basis of conviction, it can be used to corroborate or support aspects of the Prosecution’s case<ref>Public Prosecutor v Chee Cheong Hin Constance [2006] 2 SLR(R) 24 at [92]</ref>.
  
• Any other officers who are given the power to investigate under the Law; and
+
However, because Section 22 statements are often taken when the suspect has not yet been informed of the charge against him, it makes it difficult for him to discern what facts would be exculpatory and which would be self-incriminating<ref>Ho Hock Lai, “The Privilege against Self-Incrimination and Right of Access to a Lawyer” (2013) 25(3). SAcLJ 826 at 840–842</ref>. Section 22 statements are also taken again after the suspect has been charged but where the details of the charge are not fresh on his mind, opening the door to adverse inferences made against the accused when his omissions are caused by forgetting the events or facts relevant to the Charge<ref>Ho H.L. (2019) Criminal Justice and the Exclusion of Incriminating Statements in Singapore. In: Gless S., Richter T. (eds) Do Exclusionary Rules Ensure a Fair Trial?. Ius Gentium: Comparative Perspectives on Law and Justice, vol 74. Springer, Cham</ref>.
  
  
(viii) Some of the powers of an investigating officer are as follows<ref>Reference was made to: http://www.singaporecriminallawyer.com/your-rights/</ref>:
+
* '''After Suspect has been Formally Charged'''
  
 +
Under s 23(1) of the Criminal Procedure Code, after a suspect has been formally charged or informed that he may be prosecuted for an offence, he must be served with or have read to him a notice that contains:
  
• To order a person to go to a police station or other place for questioning and for taking of a statement:
+
1. Information about the Charge; and
  
• To record what you have to say and ask you to sign it;
+
2. The consequences of keeping silent or refusing to give a statement.
  
• To search a place and take away things to be used as evidence; and
+
There is no right to silence for statements made under s 23 of the Criminal Procedure Code. If the suspect continues to keep quiet or omits important information that is useful for his case in his statement, the Court will have the power to draw adverse inferences based on this silence<ref>S 261 of the Criminal Procedure Code </ref>.
  
• To seize properties which may be exhibits in the case.
 
  
 +
* '''Procedural Safeguards during Interrogation Process'''
  
'''(b) Arrest and Court Procedure[http://www.singaporecriminallawyer.com/arrest-court-procedure/]''' 
+
The procedural safeguards for the interrogation process operate almost entirely retroactively. Accused persons can usually only challenge the admissibility of the statements they made under interrogation or argue that the statements should be given less or no weight by the Court.
  
 +
Consequences of Breach of Procedural Rules: The Criminal Procedure Code does not prevent evidence from being admitted simply because the procedure set out under the code was not adhered to because “[the courts] are not concerned with how the evidence is obtained as it is not for the courts to discipline the police ”<ref>Law Society of Singapore v Tan Guat Neo Phyllis [2008] 2 SLR(R) 239 at [76]</ref>. Any lapse in procedure when taking a statement can only go towards a finding of one of the above two points. No lapse in procedure will in and of itself automatically cause statements to be excluded and no inferences will be drawn from the breach of procedure<ref>s 22(6) of the Criminal Procedure Code </ref>.
  
Once being arrested, police officers may conduct a search on you physically and bring you to a nearby Police Station for questioning. After the questioning session, you may be held in a lock-up. Any personal belongings that you have with you will be taken by the Police and a list of these belongings will be recorded and subject to your confirmation. A copy of this list will also be given to you.
 
  
 +
Statements taken by any enforcement personnel can only be excluded under two circumstances:
  
(i) Types of Arrest[http://www.singaporecriminallawyer.com/arrest/types-of-arrest/]
 
  
 +
1. Voluntariness: Firstly, where the statement was not given voluntarily
  
• Arrest without a warrant
+
For the statement to be admissible, the Prosecution must prove beyond reasonable doubt that the statement taken by the police officer was given voluntarily by the accused<ref>Public Prosecutor v BDA [2018] SGHC 72 at [24]</ref>. A statement is not given voluntarily if it is made as the result of a threat, inducement or promise which operates on his mind, such that it robs him of his free will<ref>s 258(3) of the Criminal Procedure Code (Cap 68);  see also https://www.mlaw.gov.sg/content/minlaw/en/news/parliamentary-speeches-and-responses/second-reading-speech-by-law-minister-k-shanmugam-on-the-criminal-procedure-code-bill.html</ref>. However, the bar to Courts finding a lack of voluntariness is extremely high<ref>Explanation 2 to s 258(3) of the Criminal Procedure Code</ref>.
  
  
This happens when a police officer possesses credible information or reasonable believed that the suspect is involved in an arrestable offence. An arrest without warrant must be founded on reliable and definite facts.  
+
2. Prejudicial effect > Probative Value
  
 +
The Court of Appeal’s judgment in Muhammad bin Kadar and another v Public Prosecutor [2011] 3 SLR 1205 marked a change in attitude towards severe breaches of procedure and their consequences for the evidence’s admissibility<ref>Hor, Michael, ‘The Future of Singapore’s Criminal Process’, (2013) 25 Singapore Academy of Law Journal, 847–873 at 855</ref>. While statements obtained through procedural lapses such as lying to the suspect continue to be prima facie admissible as long as they are voluntarily given<ref>Explanation 2 to s 258(3) of the Criminal Procedure Code </ref>, the Court now explicitly reserves the discretionary power to exclude these statements where it finds the prejudicial effect of the statement outweighs the probative value of the statement. This can be found where there have been excessive breaches of procedural guidelines that render the evidence so unreliable as to be inadmissible<ref>Muhammad bin Kadar and another v Public Prosecutor [2011] 3 SLR 1205</ref>.
  
• Arrest with a warrant
+
Video recording: As a practical safeguard and to better assess the arguments on whether a statement was voluntarily taken, the Courts have begun to roll out mandatory video recordings (VRIs) of interrogations and interviews. While VRIs are currently limited to those accused of specified rape offences<ref>Lum, S. (2018, March 19). Video-recordings of suspects' statements to start in phases. Retrieved from https://www.straitstimes.com/politics/video-recordings-of-suspects-statements-to-start-in-phases</ref>, there are plans to expand its scope in the future. Although defence counsels will not be able to obtain copies of the recording, they will be given access to watch the recordings at an approved place for however many times they want as well as a transcript of the recording<ref>Lum, S. (2018, March 19). Video-recordings of suspects' statements to start in phases. Retrieved from https://www.straitstimes.com/politics/video-recordings-of-suspects-statements-to-start-in-phases. </ref>.
  
+
Disciplinary Action for Mistreatment of Suspects and Witnesses: Besides procedures during interrogation affecting the statements as evidence, there are Police General Orders in addition to a Criminal Procedure Code which police officers are trusted to follow during interrogation. Breach of procedures under these codes can be punishable. However, disciplinary proceedings relating to lack of adherence to interrogation procedures is uncommon in Singapore.
A warrant of arrest or a summon is required for a non-arrestable offence before the arrest is made. Police are not allowed to make an arrest in the absence of a warrant.
 
  
  
• Private arrest
+
Right to counsel: There is an inalienable Right of access to Counsel in Singapore<ref>Lee Mau Seng v Minister for Home Affairs [1971–1973] SLR(R)135</ref> that continues to subsist even where the person is remanded under the Internal Security Act<ref>Lee Mau Seng v Minister for Home Affairs [1971–1973] SLR(R)135 at [17]</ref>. Its source is Article 9(3) of the Constitution<ref>Constitution of the Republic of Singapore (1999 Rev Ed)</ref>: Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice<ref>Excepting enemy aliens or any person arrested for contempt of Parliament pursuant to a warrant issued under the hand of the Speaker.</ref>. However, no one has the right to be informed of his right to Counsel<ref>Rajeevan Edakalavan v Public Prosecutor [1998] 1 SLR(R) 10 at [19]</ref>. Furthermore, the Article does not provide the time elapsed or conditions that must be fulfilled before a person can have their Right to Counsel.
  
 +
The prevailing view in Singapore is that the right to counsel must be granted “within a reasonable time” after the suspect’s arrest, and this “reasonable time” means affording a “reasonable time” for investigations -- the right does not elapse immediately after arrest<ref>Jasbir Singh and another v Public Prosecutor [1994] 1 SLR(R) 782 at [49]</ref>. As to the actual measure of “reasonable time”, the Courts have stated that it is instead a question of fact because it calls for a factual inquiry of all the relevant considerations<ref>James Raj s/o Arokiasamy v Public Prosecutor [2014] 3 SLR 750 at [39]</ref>, explicitly rejecting arguments that a reasonable time is within 48 hours<ref>James Raj s/o Arokiasamy v Public Prosecutor [2014] 3 SLR 750</ref>. While the Courts have stated that the onus is on the Police officer to show that the right to counsel would impede police investigation or the administration of justice<ref>James Raj s/o Arokiasamy v PP [2014] 2 SLR 3 at [12]</ref>, a largely permissive view has been taken towards delays: Courts have held 2 weeks of no access to counsel to be reasonable despite the Prosecution already having taken a cautioned statement from the accused<ref>Jasbir Singh v Public Prosecutor [1994] 1 SLR 782</ref>.
  
Private arrest is only allowed in situations where any person who commits a non-bailable and arrestable offence in another’s view or presence. The arrested person must be handed over to the nearest police officer or police station without unnecessary delay. A private person has the right to arrest another as long as he is in a close proximity to the incident even if he is not a witness to the incident.
 
  
 +
<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:170%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">'''Rights of the accused at all times'''</h2>
  
In the second situation, a victim of the crime can apprehend the perpetrator, who commits an offence against the victim or the victim’s property. In order to make an arrest, the name or residential address of the perpetrator must be unknown; or his residential address must be outside Singapore; or there is reason to believe that the name or residential address he gave is false.
+
=='''<small>CRIMINAL LAW SYSTEM</small>'''==
  
 +
===<small>1. Double jeopardy</small>===
  
 +
The prohibition against double jeopardy protects a person from the peril of suffering criminal penalties more than once for the same offence. Article 11(2) of the Constitution of the Republic of Singapore explicitly prohibits double jeopardy. This prohibition is also provided for under s 244 of the Criminal Procedure Code.
  
(ii) At The Police Station[http://www.singaporecriminallawyer.com/arrest-court-procedure/]
+
The prohibition will only be found to have been breached if:
  
 +
1. There was a previous criminal “conviction” or “acquittal” of an “offence ”; and
  
• Detained at the police station
+
2. The accused has been charged with the same offence, in fact and in law<ref>Re Wee Harry Lee [1983-1984] SLR(R) 274 endorsing Lord Morris’s statement in UK House of Lords in Connelly v Director of Public Prosecutions [1964] AC 1254 at 1309: …”the test is… whether such proof as is necessary to convict of the second offence would establish guilt of the first offence or of an offence for which on the first offence or of an offence for which on the first charge there could be a conviction.”</ref> .
  
  
The accused only be detained for maximum 48 hours. If it is for more than 48 hours, police will have to prefer the charge via videolink or  bring the accused to court where the officer furnish reasons for the extension of the accused’s detention. The Judge will then have to consider the adequacy of the reasons that were given to decide whether the accused should be further detained or to be placed on bail.
+
===<small>2. Legality principle (Presumption of Legality)</small>===
 
  
If the accused is not detained for more than 48 hours, he or she will be put on Police bail to ensure he or she will come back to the station or to attend Court when told to do so. The accused will require a family member or friend in order to be bailed out.
+
The Singapore Court of Appeal has stated in Ramalingam that there is an “established principle that the acts of high officials of state should be accorded a presumption of legality or regularity ”<ref>Ramalingam Ravinthran v Attorney-General [2012] 2 SLR 49 at [46]</ref>. This “strong” presumption applies to all officials<ref>Taw Cheng Kong v Public Prosecutor [1998] 2 SLR(R) 489</ref> , but is naturally stronger when it involves constitutionally conferred powers<ref>Ramalingan v AG [2012] 2 SLR 49</ref>  or criminal legislation. Where the accused wishes to challenge the actions of officials of state or the constitutionality of a law, he must challenge these presumptions of legality based on the principle of legality under the rule of law.  
  
+
In the landmark 1988 case of Chng Suan Tze v Minister of Home Affairs [1988] 2 SLR(R) 525, the Singapore Court of Appeal affirmed the principle of legality as existing in Singapore: "the notion of a subjective or unfettered discretion is contrary to the rule of law. All power has legal limits and the rule of law demands that the courts should be able to examine the exercise of discretionary power"<ref>At [86]</ref>.
• Process of Interview
 
  
 +
This principle has continued to be affirmed by multiple Court of Appeal judgments<ref>Neo, Jaclyn L, ‘All Power Has Legal Limits’: The Principle of Legality as a Constitutional Principle of Judicial Review (December 2017). 29 Singapore Academy of Law Journal 667-689 (2017). Available at SSRN: https://ssrn.com/abstract=3144333</ref>. There are three things the accused can challenge on the basis of the principle of legality:
  
Upon being arrested and detained, the accused is entitled to make a call to his or her family member, friend or lawyer to inform them of his or her arrest. Whilst in custody, the accused will be interviewed at length with breaks in between. He or she can also be taken to the crime scene. DNA samples, such as blood sample, fingerprint and photo identification are taken of he or she. Sometimes, the accused can be asked to take a lie-detector test. Any statement taken from him or her is called the ‘long statement’. When the accused is shown his or her statements, he or she has to look through the statement and correct the discrepancies and sign at the relevant amendments and at the bottom of the page as indicated by the police officer.
+
* '''Challenging the exercise of powers of clemency'''
  
 +
The clemency power is not “extra-legal” and is an executive power subject to legal limits. Courts have the power to ensure that the power of clemency is not being abused – however, this power is not limited to reviews on the merits but merely on the legality of the decision. Therefore, Courts will only interfere where there is conclusive evidence to show that the procedural requirements in Art 22P of the Constitution were not complied with<ref>Yong Vui Kong v Attorney-General [2011] 2 SLR 1189</ref> .
  
• Translator
+
* '''Challenging Prosecutorial Discretion'''
  
 +
In theory, there are two general grounds where prosecutorial discretion can be subject to judicial review: where it has been exercised in bad faith for an extraneous purpose and where the exercise of prosecutorial discretion contravenes constitutional protections and rights<ref>Law Society of Singapore v Tan Guat Neo Phyllis [2008] 2 SLR(R) 239 at [149].</ref> . This is based on the principle that the Attorney-General’s exercise of his discretionary powers is subject to substantive limits: to uphold the public interest in maintaining law and order<ref>Ramalingam Ravinthran v Attorney-General [2012] 2 SLR 49 at [53]</ref> .
  
The accused is allowed to request for an interpreter to help with the translation during recording of the statement. This is to ensure accuracy of the statement that is taken. It is always a good practice to record what had been told to the police officer before the accused meet the lawyer.
+
However, because these are extremely difficult to show in practice, these have rarely been successful in triggering successful judicial review.
  
 +
For example, under s 33B(4) of the Misuse of Drugs Act, where prosecutors can provide accused persons with a certificate of assistance, bad faith will only be found if there is a knowing use of a discretionary power for extraneous purposes -- in other words, the Public Prosecutor must be shown to have knowingly exercised his discretion not to issue a certificate of substantive assistance pursuant to 33B(2)(b) for a purpose other than the intended purpose of the substantive assistance regime under s 33B (to enhance the operational effectiveness of the CNB in the disruption of drug trafficking<ref>Nagaenthran a/l K Dharmalingam v Public Prosecutor and another appeal [2019] 2 SLR 216 at [57]</ref> ). In practice, it is near impossible to meet this bar given the opacity of Prosecutorial decision-making in general<ref>Chan, Gary Kok Yew, Prosecutorial Discretion and the Legal Limits in Singapore (March 1, 2013). Singapore Academy of Law Journal, 2013; Singapore Management University School of Law Research Paper No. 25/2013. Available at SSRN: https://ssrn.com/abstract=2312233</ref>  and the Court acknowledging that there is a presumption of constitutional legality behind Prosecutorial discretion<ref>Nagaenthran a/l K Dharmalingam v Public Prosecutor and another appeal [2019] 2 SLR 216 at [61]</ref> .
  
(ii) Investigation
+
* '''Challenging the Constitutionality of Criminal Legislation'''
  
 +
Accused persons can also invoke the principle of legality to challenge the constitutionality of criminal legislation. The argument employed in these cases are that laws which contradict the Constitution (the supreme law of the land) should be pronounced void<ref>Law Society of Singapore v Tan Guat Neo Phyllis [2008] 2 SLR(R) 239 at [143]</ref> .
  
• Investigations can stretch from a few days to a year or two. It is advisable to co-operate with the police to provide witnesses, Defence or Alibi (if any). Alternatively, the accused can engage a lawyer to prepare a letter of representation on his or her behalf. If the accused has an Alibi, he or she has to give the full details to his or her lawyers so that they can do the necessary. Once investigations are done, the police officer will submit the case file to the Prosecution who will then make the decision of whether or not to charge the accused.
+
There have been some notably high-profile cases, the most prominent being the challenge against s 377A of the Penal Code which criminalizes same-sex relations between men. In Lim Meng Suan, this challenge was based on Art 12(1) of the Constitution of the Republic of Singapore, which states that “[a]ll persons are equal before the law and entitled to the equal protection of the law.” In this case, the Courts applied the presumption of constitutionality and found that the law was not so irrational as to displace the presumption<ref>Lim Meng Suang v Attorney-General [2015] 1 SLR 26</ref> .
  
 +
===<small>3. Presumption of innocence</small>===
  
The police officer will contact the accused if he or she is being charged. The meeting at the police station will be for the purposes of preferring the charge against the accused, i.e. reading the charge and asking the accused if he or she will be admitting to the charge. Signing the sheet without having to agree to the charge does not mean that there was any admittance. That is only a formality. Any refusal to sign on the sheet will be recorded as the accused being refused to sign on it. However, not signing on the sheet does not mean serious consequence, it is also one of the right of the accused not to sign on the sheet. The charge is followed by a notice of warning, which is known as the “Cautioned Statement”.
+
Singapore does not have an explicit constitutional or statutory basis for the presumption of innocence. Furthermore, no Singapore cases have explicitly conceptualized the presumption of innocence<ref>CHEN, Siyuan. A Preliminary Survey of the Right to Presumption of Innocence in Singapore. (2012).LAWASIA Journal. 7, 78-96.Research Collection School Of Law</ref>  -- this has caused a major unresolved source of confusion as to whether the presumption of innocence is a presumption of legal<ref>“…the presumption of innocence is a presumption that an accused is legally innocent. It is simply an expression, that in a criminal trial, the prosecution is obliged to prove its case beyond reasonable doubt.” https://www.mlaw.gov.sg/content/minlaw/en/news/parliamentary-speeches-and-responses/oral-answer-by-law-minister-k-shanmugam-to-parliamentary-question-on-acquittal-presumption-of.html</ref>  or factual<ref>XP v Public Prosecutor [2008] 4 SLR(R) 686 at [94]  </ref>  innocence.
  
 +
Regardless, the presumption of innocence is cornerstone of the criminal justice system and the bedrock of the law of evidence and has been accepted to mean this: that every accused person is innocent until proven guilty<ref>XP v Public Prosecutor [2008] 4 SLR(R) 686 at [50]; Haw Tua Tau v Public Prosecutor [1981–1982] SLR(R) 133 at [24]</ref> .
  
This is the opportunity for the accused to state his or her Defence. Do not be hasty to think that all has been recorded accurately in the long statement, thus no repetition is necessary. The accused will be given the choice to either write down his or her defence or it must be recorded by the investigating officer in the English Language, which will be read it to the accused. Correction must be made should there appear to be any mistake.
+
Several features of the Singapore law derogate from the presumption of innocence. It has been argued that the fact that the Court is allowed to draw adverse inferences against the accused based on silence and that the Court is allowed to rely on confessions from co-accused to form a corpus of evidence to convict the accused are derogations from the Presumption of Innocence.
  
 +
Furthermore, statutory presumptions under various pieces of Singapore legislation work to displace the presumption of innocence because it removes the burden on the Prosecution to prove on the evidence that the Accused is guilty beyond reasonable doubt.
  
Once verified, the accused must signed on it and this will constitute his or her '''Cautioned Statement'''.
+
Most prominently, the Misuse of Drugs Act<ref>(Cap 185, 2008. Rev Ed)</ref>  provides for circumstances where it can be presumed based on certain pieces of evidence that the accused was knowingly in possession of controlled drugs<ref>S 17 and 18 of the Misuse of Drugs Act (Cap 185, 2008. Rev Ed)</ref> , effectively relieving the Prosecution of the burden to prove on the evidence that the Accused had knowledge and possession.
  
=='''<small>BAIL</small>[http://www.lawsociety.org.sg/forPublic/YoutheLaw/ArrestBail.aspx]'''==
 
  
 +
===<small>4. Standards of proof and standards for conviction</small>===
  
Bail is a form of property deposited or pledged by the family member or friend of the accused, as the “Bailor”, either with the police or the courts in order to secure the release of an accused person from remand prison on the understanding that you will ensure that the accused will return to court for the hearing until the final completion of the case.
+
Traditionally and historically, anyone faced with a criminal charge can only be found guilty if his guilt is proven beyond reasonable doubt<ref>S 103 Penal Code; s 3 of the Evidence Act; Woolmington v The Director of Public Prosecutions [1935] AC 462 at 481-482 (most recently approved in Took Leng How v PP [2006] 2 SLR(R) 70 at [27]) </ref> . A reasonable doubt is a reasoned doubt, “a doubt for which one can give a reason, so long as the reason given is logically connected to the evidence<ref>XP v Public Prosecutor [2008] 4 SLR(R) 686 at [93]</ref> ”. The Courts have stated that this standard means that the legal and evidential burden is on the Prosecution to show that there is no other reasonable explanation that points to innocence - showing that the accused person “probably” or “most likely” committed the crime is insufficient<ref>GCK v Public Prosecutor [2019] SGHC 46 at [27]</ref> .  
  
 +
This standard is tied to the presumption of innocence. V K Rajah J (as he then was) stated in Jagatheesan s/o Krishnasamy v Public Prosecutor [2006] 4 SLR(R) 45 at [59]: "That threshold below which society will not condone a conviction or allow for the presumption of innocence to be displaced is the line between reasonable doubt and mere doubt".
  
• What are the common types of bail?
+
* '''Standard of beyond reasonable doubt continues to operate even under statutory presumption'''
  
 +
However, Statutory presumptions create a presumption of the truth of certain facts that the accused must rebut on a balance of probabilities. This includes the Misuse of Drugs Act<ref>(Cap 185, 2008. Rev Ed)</ref>  which provides for circumstances where it can be presumed that the accused was knowingly in possession of controlled drugs<ref>S 18 of the Misuse of Drugs Act (Cap 185, 2008. Rev Ed)</ref>  and was trafficking the drugs. However, it has been argued that these presumptions only alter the evidential burden of proof and do not affect the required standard of proof, which continues to be beyond reasonable doubt<ref> S 17 of the Misuse of Drugs Act (Cap 185, 2008. Rev Ed)</ref> .
  
'''(i) The two common types of bail are:'''  
+
* '''Other anomalous standards of proof'''  
  
 +
In cases where the accused wishes to raise a defense against the charges against him or claim that an exception under the Penal Code applies to him, he must prove so on a balance of probabilities<ref>S 107 of the Penal Code; Jayasena [1970] AC 618; s 105 of the Penal Code</ref>. Where a fact is especially within the knowledge of a person, the burden of proving the fact is upon him<ref>S 108 Evidence Act; Public Prosecutor v Chee Cheong Hin Constance [2006] 2 SLR(R) 24</ref>  – but this burden is an evidential rather than legal burden.
  
(a) bail granted by the prosecuting agency (commonly known as ‘Police Bail’); and
 
  
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===<small>5. Capital punishment</small>===
  
(b) bail granted by the courts (commonly known as ‘Court Bail’).
+
Singapore is a retentionist state that continues to retain capital punishment. The Court of Appeal has consistently ruled that capital punishment is not cruel or inhuman<ref>Jabar bin Kadermastan v Public Prosecutor [1995] 1 SLR(R) 326</ref>  and not prohibited under the Singapore Constitution<ref>Art 9(1) of the Constitution of the Republic of Singapore</ref>  or International Law<ref>Hermes. (2016, October 2). Maintaining the legitimacy of capital punishment in S'pore. Retrieved from https://www.straitstimes.com/opinion/maintaining-the-legitimacy-of-capital-punishment-in-spore.</ref>  that the Country has subscribed to.
  
 +
Executions are practiced on a regular basis, and there were 13 executions in 2018<ref>Death Penalty Database. (0AD). Retrieved from https://www.deathpenaltyworldwide.org/country-search-post.cfm?country=Singapore.</ref> . Execution is carried out by hanging<ref>s 316 of the Criminal Procedure Code (Cap 68)</ref> . The death penalty is mandatory for murder and a handful of rarely prosecuted offenses such as mutiny, genocide, piracy, and terrorist related crimes; it is discretionary for offenses such as hostage-taking, kidnapping, economic crimes, treason, and arms trafficking<ref>NOVAK, A. N. D. R. E. W. (2016). Global decline of the mandatory death penalty. Place of publication not identified: ROUTLEDGE. at pg 76</ref> . Recent amendments to the Misuse of Drugs Act have made the death penalty discretionary for the offense of trafficking<ref>Saad, I. (2017, March 21). Singapore completes review of mandatory death penalty. Retrieved from https://www.channelnewsasia.com/news/singapore/singapore-completes-review-of-mandatory-death-penalty-8369356.</ref> .
  
'''(ii) Does this mean an accused person cannot be his own Bailor?'''
+
The scope of mandatory death penalty for murder in Singapore is broader than most because it also includes group liability – where there is a common intention to murder, a person need only participate and does not have to directly do the act to be liable for murder<ref>s 34 of the Penal Code</ref> .
  
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As a procedural safeguard, the Court will not record a plea of guilty in a case where the accused pleads guilty to an offence punishable with death unless evidence is led by the prosecution to prove its case at the trial<ref>s 227(3) of the Penal Code</ref> . Furthermore, as a substantive safeguard, accused persons charged with capital offences are automatically assigned free legal counsel under the Legal Assistance Scheme for Capital Offences<ref>Legal Assistance for Capital Offences (LASCO). (0AD). Retrieved from https://www.supremecourt.gov.sg/services/self-help-services/legal-assistance-for-capital-offences.</ref> .
  
Yes, unless the Court directs otherwise.
 
  
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===<small>6. Ex Post Facto punishment</small>===
  
'''(iii) Who can offer bail?'''
+
Singapore has strict Constitutionally guaranteed protection against ex post Facto punishments. This can be found in Article 11(1) of the Constitution.
  
  
The prosecuting agencies, including the Police, the Commercial Affairs Department, the Corrupt Practices Investigation Bureau, and the courts can offer bail. If no bail is offered by the prosecuting agencies, the accused may still make an application to the court for bail to be offered when the case is first heard in court.
+
=='''<small>FAIR TRIAL RIGHTS</small>'''==
  
 +
===<small>1. Freedom from prolonged pre-trial detention</small>===
  
'''(iv) Who can be a bailor?'''
+
Article 9(1) of the Constitution guarantees the right to life and personal liberty. Specifically, it provides that “no person shall be deprived of his life or personal liberty save in accordance with law”.
  
 +
Article 9(4) states that a person must be produced without unreasonable delay before a Magistrate within 48 hours of his arrest (excluding the time of any necessary journey). He cannot be further detained in custody without the Magistrate’s authority.
  
You can be a bailor if you are:
+
However, these rights may be derogated pursuant to Article 9(6) of the Constitution in relation to two categories of laws.
  
 +
Firstly, laws authorising the arrest and detention of persons “in the interests of public safety, peace and good order” allow for preventive detention, also known as detention without trial. This includes situations where a person is detained under the Internal Security Act (“ISA”) or the Criminal Law (Temporary Provisions) Act (“CLTPA”).
  
• Aged 21 years and above
+
Secondly, laws addressing the “misuse of drugs or intoxicating substances” authorise the arrest and detention of persons for their treatment or rehabilitation without trial. Specifically, section 37(2) of the Misuse of Drugs Act empowers the Director of the Central Narcotic Board to order the detention of drug addicts and abusers if he is satisfied that it is necessary for the accused to undergo treatment or rehabilitation or both at an approved institution.
  
• Not a bankrupt.
 
  
• No pending case in the courts
+
===<small>2. Freedom from punishment</small>===
  
• A Singapore citizen or a Permanent Resident of Singapore
+
There is no constitutional right against torture in Singapore. The death penalty was upheld as constitutional by the Court of Appeal in Yong Vui Kong v Public Prosecutor (2010) as the Constitution did not contain an express or implied prohibition against inhuman punishment<ref>[2010] 3 SLR 489; SGCA 20</ref>. 
  
• Prepared to accept the responsibilities of a bailor until the case is over
+
In Yong Vui Kong v Public Prosecutor (2015)<ref>[2015] 2 SLR 1129; SGCA 11</ref>,  the Court of Appeal also upheld the constitutionality of caning and held that even if there was an unenumerated constitutional right against torture, caning was not torture. However, women and men over the age of 50 are excluded from caning.
  
• Prepared to pledge security whether in cash or in personal properties for the amount of bail as ordered by the Court.
 
  
 +
===<small>3. Right to counsel</small>===
  
'''(i) What if there is no suitable bailor?'''
+
Article 9(3) of the Constitution provides that “[w]here a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice”. However, in James Raj s/o Arokiasamy v Public Prosecutor<ref>[2014] 3 SLR 750; SGCA 33</ref>,  the Court of Appeal upheld its decision in Jasbir Singh v Public Prosecutor<ref>[1994] 1 SLR(R) 782</ref>,  which held that the right of access to counsel was one available within a reasonable time and that an allowance for police investigations and procedure was intended to be incorporated within the framework of a “reasonable time”.
  
 +
In addition, in Rajeevan Edakalavan v Public Prosecutor<ref>[1998] 1 SLR(R) 10</ref>,  the High Court held that accused persons did not have the ancillary right to be informed of one’s right to counsel. In Sun Hongyu v Public Prosecutor<ref>[2005] 2 SLR(R) 750</ref>,  the High Court further held that accused persons did not have a right to “contact third parties to discover and enquire into his right to counsel” or a right to “contact family and friends to enquire into the legal consequences of his arrest”.
  
An accused will have to remain in remand prison pending hearing of his case if there is no suitable bailor.
 
  
 +
===<small>4. Right to habeas corpus</small>===
  
'''(ii) Can the accused still be bailed out later even though he was initially unsuccessful in getting a bailor? If so, what is the procedure?'''
+
Article 9(2) of the Constitution provides that “[w]here a complaint is made to the High Court or any Judge thereof that a person is being unlawfully detained, the Court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the Court and release him.”
  
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An application for a writ of habeas corpus may be brought for preventive detentions under the ISA and the CLTPA. The scope of judicial review of a detention order under the CLTPA is limited to the traditional grounds of illegality, irrationality and procedural impropriety: Tan Seet Eng v Attorney-General and another matter<ref>[2016] 1 SLR 779; [2015] SGCA 59</ref>.  In contrast, the ISA was amended in 1989 where s 8B was introduced to limit judicial review only to issues of non-compliance with any procedural requirements.
  
The accused may be bailed out at any time provided that bail has been offered. A willing bailor should then personally attend at the prosecuting agency (for Police Bail) or at the Bail Centre of the State Courts (for Court Bail) with the necessary documents and security required.
 
  
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===<small>5. Right to a fair trial</small>===
  
'''(vi) What are the usual conditions that may be imposed before bail is offered?'''
+
Article 9(1) of the Constitution provides that a person cannot be” deprived of his life or personal liberty save in accordance with law”. The Singapore courts have recognised that the word “law” includes fundamental rules of natural justice: Ong Ah Chuan v Public Prosecutor (“Ong Ah Chuan”)<ref>[1979-1980] SLR(R) 710</ref>.
  
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In Ong Ah Chuan, the court identified three “fundamental elements” of the Singapore criminal justice system, where a breach of any of them would be grounds for violation of Article 9(1). Firstly, criminal convictions could only be secured on proof by the prosecution of the elements of the offence beyond reasonable doubt. Secondly, the tribunal in question must not be biased (see “Right to impartial judge” below). Thirdly, the accused must be heard in his defence (see “Right to counsel” above).
  
The prosecuting agency or the Court may impose the following conditions:
+
Though the requirement that an offence be proved beyond reasonable doubt is commonly described as a presumption of innocence, the court in Ong Ah Chuan clarified that a statutory presumption of guilt is not necessarily unconstitutional. In that case, the accused was charged with drug trafficking and the prosecutor had relied on the statutory presumption of trafficking in making out the offence. In Yong Vui Kong v Attorney-General (Clemency)<ref>[2011] 2 SLR 1189</ref>,  the Court of Appeal also held that Article 9(1) require adherence to the procedure in the clemency process because “that is what the law mandates”.
  
  
• The accused’s passport be surrendered
+
===<small>6. Right to notice of charges</small>===
  
• Requiring that accused person be only able to leave at and/or shall return to his home by a certain time
+
Where a person has been charged, he must be served with and have read to him a notice in writing, which includes the offences he has been charged with: s 23(1) CPC.
  
• Requiring the accused to report to the Investigation Officer (‘IO’) on certain days of the week
+
In Assathamby s/o Karupiah v Public Prosecutor<ref>[1998] 1 SLR(R) 1030; [1998] SGHC 104 at [9]</ref>,  the High Court averred that “[a] charge should state all essential ingredients of an offence, to give an accused notice of the offence and a chance to defend himself”.
  
• Requiring that that there be only one or more bailors
+
The specific details that the charge should include is laid down in ss 123-125 of the Criminal Procedure Code. In particular, s 123(1) CPC states that every charge must state the offence with which the accused is charged while s 123(4) CPC provides that the provision of the law against which the law is said to have been committed must be mentioned in the charge.
  
• That only cash may be used as security for bail.
+
In addition, s 124(1) CPC requires that the charge contain details of the time and place of the alleged offence and the person, if any, against whom or the thing, if any, in respect of which it was committed, as are reasonably sufficient to give the accused notice of what he is charged with.
  
  
'''(vii) What are the responsibilities of a bailor?'''
+
===<small>7. Right to non self-incrimination</small>===
  
 +
There is no constitutional right against self-incrimination nor is the failure to inform the accused of his right to remain silent a breach of his constitutional rights: Public Prosecutor v Mazlan bin Maidun<ref>[1992] 3 SLR(R) 968</ref>.  In that case, the Court of Appeal explained that to recognise such a right is to “elevate an evidential rule to constitutional status despite its having been given no explicit expression in the Constitution”. Consequently, a suspect or accused person need not be expressly informed of a right to remain silent when a statement is recorded from him.
  
A bailor’s key responsibility is to ensure that the accused attends all court hearings at the required time and date until the case has been concluded. If the accused fails to attend a court hearing, the full bail amount pledged as security may be forfeited. The bailor must also ensure that the accused does not leave Singapore without the Court’s permission.
+
Instead, accused persons enjoy what has been described as a privilege against self-incrimination<ref>Ho Hock Lai, “The privilege against self-incrimination and right of access to a lawyer” (2013) 25 SAcLJ 826</ref>.  Though section 22(2) of the Criminal Procedure Code imposes a duty on a person who is questioned by the police to “state truly what he knows of the facts and circumstances”, this is qualified by the proviso that “he need not say anything that might expose him to a criminal charge, penalty or forfeiture”. However, an adverse inference may be drawn from the accused’s failure to mention a fact relied on in his defence in that statement: Kwek Seow Hock v Public Prosecutor<ref>[2011] 3 SLR 157</ref>.  
  
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Additionally, section 261(1) of the Criminal Procedure Code provides that an adverse inference may be drawn from an accused person’s failure to mention any fact which he subsequently relies on in his defence after he has been charged with an offence or informed by the police that he may be prosecuted for an offence.
  
'''(viii) What documents must a bailor bring if the bail is being processed at the prosecuting agency and/or Bail Centre?'''
+
Section 291(1) also states that an adverse inference may also be drawn from an accused’s refusal to give evidence or answer any question at trial. In Haw Tua Tau v Public Prosecutor<ref>[1981-1982] SLR(R) 133</ref>,  the Privy Council did not consider this a breach of the natural rules of natural justice. This was because though such powers to draw adverse inferences provided a “strong inducement” to accused persons to submit themselves to cross-examination at trial, there was no “legal compulsion” to do so.
  
  
The bailor must bring along with him the following documents:
+
===<small>8. Right to a speedy trial</small>===
  
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There is no right to a speedy trial. This issue has not been canvassed before the courts. However, there is a case on whether a prolonged delay in the execution of a death sentence was unconstitutional: Jabar bin Kadermastan v Public Prosecutor<ref>[1995] 1 SLR(R) 326</ref>.  In that case, the Court of Appeal held that the accumulation of time spent on death row did not infringe the constitutional rights of prisoners.
  
• The bailor’s Identity Card or Passport
+
===<small>9. Right to a trial by jury</small>===
  
• The accused’s passport (if it is required by the prosecuting agency or the Court as a condition of bail)
+
There is no right to trial by jury. Singapore abolished trial by jury in 1969.
  
• The documents as stated in S/N 12 below and depending how the bailor wishes to furnish the bail sum.
+
===<small>10. Right to impartial judge</small>===
  
 +
An accused may apply for judicial review on the basis that the judge was biased. This is based on the rule encapsulated by the maxim “nemo iudex in sua causa” (“no one shall be a judge in his own cause”), which has been accepted as a fundamental rule of natural justice in relation to Article 9(1): Ong Ah Chuan.
  
'''(ix) What if the bailor cannot speak English?'''
+
Bias includes both actual and apparent bias. However, due to the extremely onerous standard of proof of actual bias, most cases have relied on apparent bias instead: Chee Siok Chin and another v Attorney-General<ref>[2006] 4 SLR(R) 541; [2006] SGHC 153</ref>.
  
 +
The test for apparent bias was recently clarified as the “reasonable suspicion of bias” test in the recent Court of Appeal decision of BOI v BOJ<ref>[2018] 2 SLR 1156; [2018] SGCA 61</ref>.  This is an objective test based on whether a reasonable observer would think, from the relevant circumstances, that bias was possible. A reasonable observer is informed, fair-minded and would not be complacent or unduly sensitive and suspicious. The relevant circumstances which the court may take into account in finding a reasonable suspicion of bias would be limited to what is available to an observer witnessing the proceedings.
  
Court Staff will assist those who are not able to speak English but are able to converse in Malay, Mandarin, local Chinese dialects and Tamil.
 
  
 +
===<small>11. Right to appeal</small>===
  
'''(x) What can the bailor pledge or deposit to the court as security for the bail amount?'''
+
'''a. Magistrate’s Appeal to the High Court'''
  
 +
Generally, accused persons may appeal against any judgment, sentence or order of a trial court to the High Court: s 374 CPC. However, where an accused person has pleaded guilty and has been convicted on the plea, he may appeal only against the extent or legality of the sentence: s 375 CPC. However, a question of law of public interest which has arisen in the matter and the determination of which by the Judge has affected the case may be referred to the Court of Appeal (see “Motions” below).
  
In addition to cash, the bailor may pledge:
+
'''b. Criminal Appeal to the Court of Appeal'''
  
 +
The Court of Appeal is empowered to hear appeals against any decision made by the High Court in the exercise of its original criminal jurisdiction. There is no appeal to the Court of Appeal from decisions made by the High Court in its appellate or revisionary jurisdiction; however, the accused may file a criminal reference under s 397(1) CPC. Where no appeal is lodged by the accused against a sentence of death, the Public Prosecutor must lodge a petition for confirmation with the Registrar of the Supreme Court 90 days after the time allowed under the CPC: s 394A(1) CPC. The Court of Appeal must then examine the record of proceedings and the grounds of decision and satisfy itself as to the correctness, legality and propriety of both the conviction and imposition of the death sentence: s 394B CPC.
  
• Fixed or Time Deposit. This is provided the bailor is the account holder with at least 6 months before its maturity, and that the sum has not already been used as a form of security
+
'''c. Procedure for appeal'''
  
 +
A petition of appeal must be lodged within 14 days after service of the record of proceedings and the grounds of decision with the Registrar of the Supreme Court (if the trial court is the High Court) or Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court): s 378(1) CPC. The appeal will be treated as withdrawn if not lodged within this timeframe though the appellate court may permit an appeal notwithstanding if it considers it to be in the interests of justice: s 378(3) r/w s 380 CPC.
  
• Monies in the savings account. This is provided there are no deductions made from that account for GIRO or any other payment. The updated savings passbook or bank statement, must be brought to the prosecuting agency or Court offering bail as the case may be
+
'''d. Criminal revision'''
  
 +
The High Court may also exercise its revisionary powers to examine the record of any criminal proceedings before the State Courts or any criminal case disclosure conference, and correct any irregularities in the decisions of such matters: ss 400 - 403 CPC.
  
• Cashier’s Order. This should be made payable either to the prosecuting agency (for Police Bail) or the “Registrar, State courts” (for Court Bail) for the exact bail amount
 
  
 +
=='''<small>EXCLUSIONARY RULE</small>'''==
  
• NETS payment. This is through the bailor’s own ATM card. Please note that for ATM cards, there may be a maximum withdrawal up to $2,000 per day
+
The court has an “exclusionary discretion” where the prejudicial effect of the evidence exceeds its probative value: Muhammad bin Kadar and another v Public Prosecutor<ref>[2011] 3 SLR 1205; [2011] SGCA 32</ref>. In that case, in relation to the exclusion of statements made by the accused voluntarily, the court held that it should exercise this discretion only where there has been serious procedural irregularities that materially affect the evidential value of a voluntary statement.
  
 +
This exclusionary discretion does not extend to evidence that was wrongfully obtained, such as entrapment evidence: Law Society of Singapore v Tan Guat Neo Phyllis<ref>[2008] 2 SLR(R) 239; [2007] SGHC 207</ref>.
  
• Bailor’s personal properties not exceeding $15,000.
+
Pursuant to s 258(3) of the Criminal Procedure Code, the court is also statutorily obliged to refuse to admit a statement of an accused if the making of the statement appears to the court to have been involuntary. There are two grounds on which a statement may have been made involuntarily.  
  
 +
Firstly, the statement must have been made as a result of some inducement, threat or promise from a person in authority. This inducement, threat or promise must have given the accused grounds which would reasonably have led him to suppose that he would gain an advantage or avoid an evil by making the statement.
  
Note: If the bailor is using cash, a copy of his bank statement (indicating Name and NRIC No. of account holder & Account No.) must be provided either to the prosecuting agency (for Police Bail) or the Bail Centre (for Court Bail).
+
However, it has been observed that the courts have demonstrated a judicial tolerance of police pressure in relation to what qualifies as an inducement, threat or promise<ref>Ho Hock Lai, “On the Obtaining and Admissibility of Incriminating Statements”, (2016) 2 SJLS 249</ref>  In Chai Chien Wei Kelvin v Public Prosecutor<ref>[1998] 3 SLR (R) 619</ref>,  the Court of Appeal held that expressions by the police for the accused to “tell the truth” and that “the rope was round his neck” did not amount to threats while a remark that the accused would be allowed to call his wife if he co-operated also did not amount to an inducement or a promise.
  
 +
Secondly, in Explanation 1 to s 258(3), a statement should not be admitted if it had been obtained from an accused by a person in authority who had acted in such a manner that his acts tend to sap and have in fact sapped the accused’s free will. Also known as the doctrine of oppression, the courts have set a high threshold for oppression to be found and most accused persons have failed in relying on this doctrine<ref>Ho Hock Lai, “On the Obtaining and Admissibility of Incriminating Statements”, (2016) 2 SJLS 249</ref>.  For instance, the Court of Appeal has held that the deprivation of sustenance will not generally lead to the exclusion of an accused’s statement unless it was “so serious… that the [accused’s] will might have been completely overborne”: Fung Yuk Shing v Public Prosecutor<ref>[1993] 2 SLR(R) 771</ref>.
  
'''(xi) Can the bailor pledge money or assets that belong to the accused person as security for bail?'''
 
  
 +
<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:170%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">'''Rights in prison'''</h2>
  
No. The monies and properties must belong to the bailor.
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=='''<small>CONDITIONS OF CONFINEMENT</small>'''==
  
 +
The prison must be kept clean and washed as often as necessary: r 105. The clothes of prisoners and their bed-clothes are also required to be aired, changed and washed as often as the medical officer may direct: r 106(1). The clothes of prisoners must be changed weekly: r 106(2).
  
''(xii) Can the bailor still use his bank account, fixed/time deposit as he wishes after he has pledged the amount as bail sum?''
+
Every prisoner must be provided with regular meals that are adequate for the basic health or medical condition of the prisoner: r 110. They are also entitled to such exercise as the medical officer considers necessary for their health: r 107.
  
 +
The hours of labour for prisoners is determined by the Minister though it cannot exceed 8 hours in any one day: r 102. Prisoners are also entitled to rest days on weekends and public holidays: r 103(1). Jewish and Muslim prisoners are also entitled to observe the sabbath and fasting during Ramadan respectively: r 103(2)-(3). Prisons are also obliged to hold religious services and visits by religious ministers: r 114.
  
No. In addition, the bank will be notified to freeze the bank account/deposits.
+
Prisoners may also have access to books and papers as well as educational programmes, as may be directed by the Commissioner: r 115(1). Long sentence prisoners may also participate in recreational activities as authorised by the Commissioner: r 115(2).
  
 +
It is the Superintendent’s discretion as to the hours that prisoners are unlocked from their cell and locked up for the night, and he may fix different hours for different categories of prisoners: r 101. Every male prisoner must be confined at night in individual cells if the accommodation of the prison permits: r 80. Where prisoners must be kept together in the same cell, a minimum number of 3 prisoners must be kept in each cell and must be lighted at night and be under the constant supervision of prison officers: r 81.
  
'''(xiii) What if the bank account has joint names?'''
+
Prisoners also have the privilege of sending and receiving letters monthly, which may be opened and read by a prison officer: r 127(1) r/w r 127A. They may also receive visits from their family and friends: r 127(2).
  
 +
=='''<small>RIGHT TO MEDICAL CARE</small>'''==
  
Joint account cannot be used as security by one account holder. To utilize such an account as bail sum, both account holders will have to be bailors.
+
Upon admission, every prisoner will be examined by a medical officer, who will record the prisoner’s state of health: r 77(1). Medical officers are also obliged to visit sick prisoners once daily or more frequently, prisoners sentenced to solitary confinement once daily, every other prisoner once a week: r 60(2).
  
 +
An infirmary is provided for sick prisoners (r 108) and prisoners may be vaccinated at the discretion of the medical officer (r 109).
  
'''(xiv) When will the bailor get the bail monies back?'''
+
In conducting the initial examination upon the prisoner’s admission, the medical officer is obliged to give special attention to the mental condition of the prisoner: r 77(2). The medical officer is also obliged to keep careful observation on the mental condition of prisoners condemned to death and long sentence prisoners: r 62.
  
 +
=='''<small>WOMEN'S RIGHTS IN PRISON</small>'''==
  
When a case has concluded or if the bailor has been granted a discharge, the bailor may obtain the return of the full sum of bail monies deposited. For Court Bail, if cash was deposited with the State courts, the bail amount would be directly refunded to the bailor by the Accountant-General by way of crediting directly into the bailor's bank account furnished by the bailor at the point of standing bail. The bailor may enquire from the Finance Section (Tel: 6435-5869) of the State courts should there be any further queries. For Police Bail, the bailor can contact the IO assigned to the case for more information on refund of bail sum.
+
Female prisoners must be attended by female prison officers: r 82. Female prisoners also do not have to have their hair cut on admission unless the medical officer considers it necessary for health and cleanliness: r 78(3).
 
  
'''(xv) What if the bailor no longer wishes to stand as bailor for the accused person?'''
 
  
 +
<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:170%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">'''Court procedures'''</h2>
  
The bailor will have to apply in writing (min. 1 week in advance) to the Court for the application to be heard. During the court mention, the bailor must be personally present together with the accused for the application to discharge as bailor. Once the bailor is discharged, to secure the release of the accused pending hearing, the accused must arrange for a substitute bailor.
+
=='''<small>PRE-TRIAL</small>'''==
 
  
'''(xvi) Can the accused leave Singapore after bail is given?'''
+
===<small>1. Initial Court Appearance</small>===
  
 +
For all charges that are to be tried (whether in the District Court, Magistrate Court or High Court), the accused will first be produced before a Magistrate’s Court.
  
The accused person may only leave Singapore with the permission of the Court. Both the bailor and the accused must be present when the application is made to leave jurisdiction. The application can be made at the next court mention. If it is urgent, the accused can request in writing to the Court seeking an early date to make the application. In such instances, it is common for the Court to increase the bail amount to allow the accused to leave jurisdiction.
+
*'''For matters to be tried in the Magistrate’s or District Court'''
  
 +
Matters to be tried in the Magistrate’s or District Court tend to be less serious offences. In criminal cases, a District Court can try offences where the maximum imprisonment term does not exceed 10 years or which are punishable with a fine only. However, where the law expressly provides for it, the District Court also has the jurisdiction to try offences and impose sentences which exceeds the above limits such as the Companies Act (Cap 50), Misuse of Drugs Act (Cap 185), Prevention of Corruption Act(Cap 241) and Securities Industry Act (Cap 289)<ref>https://www.statecourts.gov.sg/cws/CriminalCase/Pages/District-Courts.aspx.</ref>.
  
'''(xvii) What if the accused person fails to turn up in court as required?'''
+
Where the case is due to be tried in the Magistrate/District Court, when an accused is first charged in court, the charge must be framed, read and explained to him<ref>s 158(a) Criminal Procedure Code (Cap 68) (“CPC”).</ref>. Thereafter, the accused must be asked whether he wishes to claim trial or plead guilty to the charge unless either party applies for, and the court grants, an adjournment without the plea being recorded<ref>s 158(b) CPC</ref>.
  
 +
*'''For matters to be tried in the High Court'''
  
If the accused fails to attend Court as required, a Warrant of Arrest may be issued against the accused. The bailor will also have to attend a hearing to explain why the full bail amount should not be forfeited. The latter is commonly known as a hearing for the Bailor To Show Cause.
+
Generally, offences to be tried in the High Court in its original jurisdiction are the more serious offences such as murder, drugs trafficking, rape and kdinapping. The Public Prosecutor may, by fiat, designate the matter to be tried in the High Court where he is of the opinion that this ought or must be done<ref>s 210(1) CPC</ref>.  
  
 +
In matters to be tried in the High Court, the accused will be produced before a Magistrate’s Court and the charge shall be explained to be him but he will not be called upon to plead thereto<ref>s 173 CPC</ref>.
  
'''(xviii) Will fresh bail be offered after an accused person is first charged in court?'''
+
===<small>2. Charging Instrument</small>===
  
 +
The charging instrument in Singapore Criminal Law is simply known as the “charge”<ref>Part VII CPC</ref>.  Every charge must state the offence with which the accused is charged<ref>s 123(1) CPC</ref>.  If the law which creates the offence gives it any specific name, it may only be described in the charge by that name only (s 123(2) CPC).  If the law that creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged(s 123(3) CPC).  The fact that the charge is made is equivalent to a statement that the case fulfils every legal condition required by law to constitute the offence charged(s 123(5) CPC).
  
Whether the original Police Bail will be extended or fresh Court Bail offered is at the discretion of the Court.
+
===<small>3. Preliminary Hearing</small>===
  
 +
Prior to the Criminal Justice Reform Act 2018, most cases to be tried in the High Court go through an additional committal hearing to determine if there is sufficient evidence to commit an accused person for trial. This has since been replaced with the extension of the transmission procedure for cases to be heard in the High Court to replace the committal hearing process(s  47 Criminal Justice Reform Act 2018).
  
'''(xix) When should the bailor attend court?'''
+
The other preliminary hearings for criminal trials are mostly in the form of “pre-trial conferences”. These are used to settle administrative matters in relation to a trial. These apply to both matters to be heard in the Magistrate/District Court and those to be heard in the High Court(s 171 CPC and s 220A CPC).
  
 +
===<small>4. Pre-Trial Motions</small>===
  
The bailor should attend court:
+
Criminal Motions are governed by Part XX, Division 5 of the CPC. The motions commonly arising pre-trial include:
  
 +
- Bail pending trial or appeal;
  
• At the first court hearing of the accused person, where possible
+
- Variation of the amount of bail;
  
• If the bailor wishes to apply to the court to discharge himself as a bailor
+
- Request for production of papers and documents
  
• If the accused wishes to make an application to the Court to leave Singapore
+
- Reservation of question of law to the Court of Appeal
  
• Where the bailor has been asked to Show Cause why the bail monies should not be forfeited as a result of the accused failing to attend a court hearing.
+
Criminal motions that are filed to the High Court are normally heard in Open Court<ref>https://www.supremecourt.gov.sg/rules/court-processes/criminal-proceedings/types-of-criminal-proceedings/criminal-motions</ref>.  Any party to the proceedings may also apply to state a case to the relevant court on any question of law(s 395-396 CPC).
  
  
'''(xx) Can the bailor later ask for the bail amount to be lowered?'''
+
===<small>5. Discovery</small>===
  
 +
Discovery procedure in Singapore is largely governed by the Criminal Case Disclosure Conference (“CCDC”) Process as specified in Part IX, Division 1 and Division 2; and Part X, Division 5 of the CPC. CCDC procedure applies to offences triable both in the Magistrate/District and High Court, but can be dispensed away with on request by the Defence for matters heard in the Magistrate/District Court<ref>s 159(2) CPC</ref>.  Matters to be tried in the High Court are compulsorily subject to the CCDC procedure<ref>s 211A CPC</ref>.
  
The application may be made through the accused. The granting of such an application is rare.
 
  
 +
The CCDC directed by a Court will settle the following matters<ref>s 160 and s 212 CPC</ref> :
  
'''(xxi) What if the assets that the bailor pledged are insufficient to meet the bail amount forfeited?'''
+
a. The filing of the Case for the Prosecution and the Case for the Defence;
  
 +
b. Any issues of fact or law which are to be tried by the trial judge at the trial proper;
  
When the bail amount is forfeited and the assets sold are insufficient to meet the forfeited bail amount, the bailor will have to pay the difference. If the bailor does not pay, enforcement action will be taken.
+
c. The list of witnesses to be called by the parties to the trial;
  
 +
d. The statements, documents or exhibits which are intended by the parties to the case  to be admitted at trial; and
  
'''(xxii) Is there a channel to request to review or appeal on bail related matters?'''
+
e. The trial date.
  
  
There is no channel to appeal against a decision on the bail offered for Police Bail before an accused is charged in court. If an accused has been charged in court, and it is felt that either bail ought to have been offered or that a lower sum of bail ought to have been offered, the accused can request for a bail review to be conducted. If the bail amount was forfeited whether in full or in part, the aggrieved bailor may appeal to the High Court against the forfeiture.
+
The Case for the Prosecution must contain the following<ref>s 162(1) and s 214(1) CPC</ref> :
  
 +
a. A copy of the charge which the prosecution intends to proceed with at trial;
  
'''(xxiii) Where is the Bail Centre?'''
+
b. A list of the names of the witnesses for the prosecution;
  
 +
c. A list of the exhibits that are intended by the prosecution to be admitted at the trial;
  
The Bail Centre is at the Crime Registry of the State courts.
+
d. The statements of the witnesses that are intended by the prosecution to be admitted at the trial
  
The Crime Registry is located on the ground floor of the State courts,  
+
e. Any written statement made by the accused at any time and recorded by an officer of a law enforcement agency, which the prosecution intends to adduce in evidence A list of every statement, made by the accused at any time to any enforcement agency, which the prosecution intends to adduce in evidence
  
1 Havelock Square, Singapore 059724.
+
f. A list of statements made by the accused which the prosecution intends to adduce in evidence.
 
 
 
 
'''(xxiv) What are the operating hours of the Bail Centre?'''
 
 
 
 
 
Mon-Thu 9.00AM - 6.00PM (Last registration at 12.30 pm & 5.00 pm)
 
 
 
Fri 9.00AM - 5.30PM (Last registration at 12.30 pm & 4.30 pm)
 
 
 
Sat 9.00AM – 1.00PM (Last registration at 12.00 pm)
 
 
 
 
 
 
 
=='''<small>FIRST COURT APPEARANCE</small>[http://www.singaporecriminallawyer.com/arrest-court-procedure/]'''==
 
 
 
 
 
The accused will be informed of the date to appear in Court once he or she is on the police bail bond. He or she may instruct his or her counsels to act on his or her behalf. The lawyer may attend the court session with the accused. However, if the notice is too short, the accused may attend court session with his or her bailor and seek for adjournment while looking for a lawyer to represent you. The court will allow the adjournment and to extend the police bail or to place the accused on court bail. Each offence you are alleged to have committed will be listed as a SEPARATE CHARGE.
 
 
 
 
'''1. When Charged in Court'''
 
 
 
 
 
'''(a) Pleading Guilty'''
 
 
 
 
 
It is always advisable to have an understand of the minimum and maximum punishment that the accused may receive for the alleged offence that he or she is charge with. The accused must accept whatever punishment the Court may sentence. The Statement of Facts (relating to the accused/the offence that he or she had committed) will then be read out. There is no need for defence counsels if the accused is ready to accept the sentences that are to be meted out to him or her. However, counsels must voice out should there be any dispute with any of the facts.
 
 
 
 
 
Should there be any dispute with the Statement of Facts regarding important issues, the Court will NOT accept any plea of guilt. He or she will be directed to claim trial to the charge.
 
 
 
 
'''(b) Not Pleading Guilty'''
 
 
 
 
 
A Pre-Trial Conference (PTC)<ref>A PTC is to update the judge on how the case is progressing, and to determine if the case is ready to proceed to trial. Trial dates will only be fixed when all parties are ready and prepared for trial.</ref> will be fixed in the event where there is no admittance of guilt.
 
 
 
 
'''(c) Trial Process'''
 
 
 
 
'''(i) Examination-in-chief'''
 
 
 
The Prosecution will present their case by calling their witnesses to stand and asking them questions.
 
  
  
'''(ii) Cross Examination'''
+
The Case for the Defence must contain the following<ref>s 165(1) and s 217(1) CPC</ref> :
  
 +
a. A summary of the defence to the charge and the facts in support of the defence;
  
The defence lawyer will be allowed to question the Prosecution’s witness.
+
b. A list of the names of the witnesses for the defence;
  
 +
c. A list of exhibits that are intended by the defence to be admitted at the trial; and
 +
 +
d. If objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution: (i) a statement of the nature of the objection; (ii) the issue of fact on which evidence will be produced; and (ii) the points of law in support of such objection.
  
They can challenge and/or contradict what the Prosecution Witness has said with documentary evidence (if any). The challenge will be 
based on what was said or not said. The Defence lawyer will also put forth events according to the perspective of the accused to check if the Prosecution’s witness agrees with it.
 
  
 +
Further, the Prosecution is under an obligation to disclose to the Defence<ref>Muhammad bin Kadar v PP [2011] 3 SLR 1205</ref> :
  
'''(iii) Re-Examination'''
+
(a) any unused material that is likely to be admissible and that might reasonably be regarded as credible and relevant to the guilt or innocence of the accused; and
  
 +
(b) any unused material that is likely to be inadmissible, but would provide a real (not fanciful) chance of pursuing a line of inquiry that leads to material that is likely to be admissible and that might reasonably be regarded as credible and relevant to the guilt or innocence of the accused.
  
The Prosecution would then ask their witness further questions, to clarify their answers given to your lawyer during cross-examination.
+
This will not include material which is neutral or adverse to the accused – it only includes material that tends to undermine the Prosecution’s case or strengthen the Defence’s case.  
  
  
'''(iv) Submission of no-case to answer'''
+
=='''<small>TRIAL</small>'''==
  
 +
===<small>1. Nature of the Trial</small>===
  
If the accused felt that the prosecution has not proven the case against him or her, he or she can consult and instruct the defence lawyers to give a submission on '''NO CASE'''.
+
The Singapore Criminal Justice system, adopted from the British, is an adversarial one. The procedure for all criminal trials is provided for by s 230 of the CPC. The trial begins by the prosecutor opening his case and stating the nature of the offence (s 230(1)(d) CPC).  Evidence is presented by way of the prosecutor’s examination of his witnesses, and each of them may be cross-examined by the defence, following which the prosecutor may re-examine them (s 230(1)(e) CPC).  After the prosecution has concluded his case, the defence may invite the Court to dismiss the case on the basis that there is no case to answer and the prosecutor may reply to this submission (s 230(1)(f) CPC).  
  
 +
===<small>2. Defendant</small>===
  
'''(v) Post Trial'''
+
If after considering the evidence put forth by the Prosecution’s case, the court is of the view that there is some evidence which is not inherently incredible and which satisfies each and every element of the charge as framed by the prosecutor or as altered or framed by the court, the court must call on the accused to enter a defence (s 230(1)(j) CPC).  If there is no such evidence, the court must order a discharge amounting to an acquittal (s 230(1)(k) CPC).
  
+
When the accused is called on to begin his defence, he may, before producing his evidence, open his case by stating the facts or law on which he intends to rely and make such comments as he deems necessary on the evidence for the prosecution (s 230(1)(o) CPC). Thereafter, the accused shall give evidence and then be cross-examined by other co-accused (if any), and then by the prosecutor and then be re-examined. He can then call on his witnesses to give evidence, who will then be cross-examined and re-examined. The same process follows for his co-accused (s 230(1)(p) CPC).  
1. Making closing submissions. - Both sides will have to summarize all the evidences and make respective arguments to the Court.
 
  
 +
At the close of the defence’s case, the prosecution has the right to call on any person to testify as witness or recall a witness already re-examine a witness already re-examined for the purpose of rebuttal, and such witness may be cross-examined by the accused and co-accused, after which the prosecution may re-examine (s 230(1)(t) CPC).  After this, the defence may sum up his case (s 230(1)(u) CPC), to which the prosecution has a right of reply.  The court will then determine guilt of the accused (s 230(1)(v) CPC).
  
2. The Court will then decided if the accused is guilty (convicted) or not guilty (acquitted). The court also has the power to reduce the charge against the accused.
+
===<small>3. Lawyers</small>===
  
 +
Article 35(8) of the Constitution provides that the Attorney-General wields the prosecutorial power in Singapore. The Attorney-General holds two hats- one as chief adviser to the Government and the other as the Public Prosecutor. He has the power and complete discretion to institute, conduct or discontinue proceedings for any offence , including private prosecutions.
  
3. Can the accused contest the Court’s final decision?
+
In practice, officers from the Attorney General’s Chambers’ (AGC) Crime Division act as Deputy Public Prosecutors (DPPs) and Assistant Public Prosecutors (APPs) under the authority of the Attorney-General<ref>https://www.agc.gov.sg/our-roles/public-prosecutor/public-prosecutor-overview-of-functions#targetText=AGC%20officers%20of%20the%20Crime,responsible%20for%20all%20criminal%20prosecutions.</ref>.  They are responsible for all Criminal Prosecutions.
  
 +
Article 9(3) of the Constitution provides that an accused person may “consult and be defended by a legal practitioner of his choice”. In cases of preventive detention, the detaining authority under Article 151(a) of the Constitution shall “as soon as may be, inform him of the grounds of detention” and the factual allegations (subject to a privilege of non-disclosure in the national interest) on which the detention order is based, and “shall give him the opportunity of making representations against the order as soon as may be”.
  
If the accused is convicted after a trial, he or she can appeal against the Court’s decision on his or her conviction and/or his or her sentence. However, if the accused have pleaded guilty, he or she can only appeal against the sentence and this appeal must be filed with the Criminal Justice Division’s Registry within 10 calendar days from the date the verdict of the accused was announced.  It is important to note that there is no guarantee the appeal will be successful and always advised the accused to consult the advice of the defence counsel when making such important decision.
+
The right to legal counsel is not an unqualified right as the accused is only entitled to a counsel who is “willing and able to represent him” such that an accused cannot claim that his Article 9(3) rights are breached where counsel fails to turn up or is unwilling to act for the accused<ref>Balasundaram s/o Suppiah v PP [1996] 1 SLR(R) 853</ref>.  
  
=='''<small>PRESIDENTIAL CLEMENCY</small>'''==
+
===<small>4. Judges</small>===
  
 +
Criminal trials in both the State Courts (Magistrate and District Court) and High Court are presided by and disposed of by a single Judge (s 234 CPC).
  
''(for accused sentenced with death penalty only)''
+
===<small>5. Victims</small>===
  
 +
There is no requirement for the victim of a crime to testify to warrant conviction of the accused person<ref>GCK v PP [2019] SGHC 46 at [28]</ref>.  Aside from this point of principle, the role of the victim at trial varies widely. At the stage of sentencing, the prosecution’s address on sentence may include a victim impact statement (s 228(2)(b) CPC). Where a victim of a sexual abuse or child abuse offence has to testify, the Court must order that the victim give evidence in-camera if the victim does not wish to testify in open Court (s 281B CPC).
  
Singapore’s President may grant pardons, reprieves, respites and re- missions under Article 22P of the Constitution of the Republic of Singapore (hereinafter ‘Singapore Constitution’). Article 22P of the Singapore Constitution also states that ‘The President, as occasion shall arise, may, on the advice of the Cabinet, grant a par- don’.
+
=='''<small>SENTENCING</small>'''==
  
 +
Sentencing is addressed upon conviction of an accused person (s 228(1) CPC).  The address of sentence may include the criminal records of the accused, any victim impact statement and other relevant factors which may affect the sentence (s 228(2) CPC).  The Court must then hear any plea in mitigation of sentence by the accused to which the prosecution has a right of reply (s 228(3) CPC). At this stage, where any matter raised in the plea affects any legal condition required by law to constitute the offence charged with, the Court must reject the plea of guilty (s 228(4) CPC).  Any qualification on the plea of guilty at the stage of mitigation is tantamount to retraction of the plea of guilty and the Court must reject the plea<ref>Dinesh s/o Rajantheran v PP [2018] SGHC 255</ref>. The constitutional validity of the mandatory death sentence has been repeatedly litigated and it has always been upheld as constitutional<ref>Yong Vui Kong v AG [2010] </ref>.
  
Article 21 of the Singapore Constitution clearly lists out the discharge and performance of functions of the President. The powers of the president consist of 4 things and unless otherwise provided for the President must act on the advice of the Cabinet. Article 21(2) lists eight specific matters which the president has personal discretion and a final open-ended one: the President has personal discretion in performing ‘any other function’ authorized by the Singapore Constitution.
+
=='''<small>APPEALS</small>'''==
  
 +
An appeal against judgment, sentence or order of a court may only be made as provided for by statute (s 374(1) CPC).  An appeal may lie on a question of fact, a question of law, or on a question of mixed fact and law (s 374(2) CPC). 
  
However, under Article 21(3), the President must consult the Council of Presidential Advisers before performing functions specifically provided for<ref>This Council is a constitutional body under Article 37B of the Singapore Constitution. It comprises six members, of whom two are appointed by the President, two are appointed by the Prime Minister, while the Chief Justice and the Chairman of the Public Service Commission appoint one member each.</ref>. Under Article 21(4), the Council may be consulted in performing some of the independent functions provided for in Article 21(2). Hence, the President has both independent and dependent powers<ref>D A MShubhankar. Presidential Pardon in Singapore: A Comment on Yong Vui Kong v A.G. (2013). Common Law World Review., 42(1), 48. Research Collection School of Law. </ref>.  
+
An appeal by the Public Prosecutor shall be against the acquittal of an accused or the sentence imposed or an order of the trial court (s 374(3) CPC). Conversely, an appeal by a person convicted by a trial court shall be against his conviction, the sentence imposed on him or an order of the trial court (s 374(4) CPC).  
  
 +
Where a novel issue of law of public interest is raised, a Criminal Reference may be sought to determine the question of law after an initial appeal has been exhausted (s 397 CPC).
  
In relation to the power to grant pardons, there have been arguments stating that the open-ended Article 21(2)(i) when read together with Article 22P suggests that the President is not bound by the Cabinet’s advice in such matters<ref>Also see: Yong Vui Kong v Attorney-General [2011] SGCA 9. The ('Pardon Case') </ref>.
+
The criteria to be satisfied are that: 1. The reference to the Court of Appeal may only be made in relation to criminal matter by the High Court in its appellate or revisionary jurisdiction; 2. The reference must relate to a question of law of public interest; 3. The question of law must have arisen from the case which was before the High Court; 4. The determination of the question of law by the High Court must have affected the outcome of the case<ref>Muhammad Faizal bin Sabtu and another v Public Prosecutor and another matter [2013] SGCA 1</ref>.
  
 
=='''<small>REFERENCES</small>'''==
 
=='''<small>REFERENCES</small>'''==

Latest revision as of 21:53, 22 January 2020

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ADDITIONAL RESOURCES

LEGAL TRAINING RESOURCE CENTER


Introduction

HISTORICAL CONTEXT

The origins of Singapore’s current legal system is bound together with its history as a former British colony. In 1819, Sir Stamford Raffles of the British East India Company established a trading post in Singapore. Shortly after, in 1826, the British Parliament passed the Second Charter of Justice which in effect imported and applied English law in the Straits Settlements (i.e., the British settlements on the Malay Peninsula, which included Singapore).[1]

During its stint as a British colony, other laws were also implanted by the English into Singapore. In the field of criminal law, for example, the Indian Penal Code of 1860 was adopted by the Straits Settlements in 1872, and used instead of English common law for the relevant offences.[2]

After Singapore gained independence in 1965, however, it increasingly found that the law ‘received’ from the British no longer suited its needs, and started to develop its own autochthonous legal system. In 1993, appeals to the Privy Council (a UK-based body) were abolished. In the same year, the Application of English Law Act (Cap 7A, 1994 Rev Ed) came into force, and set out the extent (and limits) to which English law would apply in Singapore.

Today, Singapore’s legal system, although bearing family resemblances to other commonwealth countries, is very much a law of its own. Like most other legal systems, Singapore takes reference from other jurisdictions to gauge the possible efficacy and necessity of certain legal developments. Judgments from certain jurisdictions may even be considered persuasive in court if we have certain legislative history in common (with UK, Australia, and Malaysian cases being the foreign jurisdictions often cited). However, Singapore courts do decline to follow other jurisdictions on the basis that e.g., the social contexts of the countries are different. For example, there is no Singapore equivalent of UK’s Human Rights Act of 1998, since this was a UK incorporation of the European Convention of Human Rights into domestic British law.

TYPE OF SYSTEM

Singapore considers itself to have a Westminster-model parliamentary democracy.[3] The Constitution is the supreme law of Singapore. Other sources of law include legislation, subsidiary legislation, and judge-made law (through precedents).

LEGAL AID SITUATION

a. Quick summary of some avenues of legal aid in Singapore

  • Legal Aid (representation):

All applicants: CLAS (non-capital criminal charges), LASCO (capital charges)

Singaporeans/PRs only: Legal Aid Bureau (civil claims)

Foreigners only: HOME (migrant workers) JWB (migrant workers)


  • Legal Advice (e.g., through one-off legal clinics):

All applicants: AWARE (women only), Jamiyah (Syariah law)

Singaporeans/PRs only: Community Legal Clinic, SCWO (women, civil and muslim law, Singapore residents)

Foreigners only: Healthserve (migrant workers) TWC2 (migrant workers) MWC (migrant workers)


Acronyms used (in alphabetical order): AWARE (Association of Women for Action and Research), CLAS (Criminal Legal Aid Scheme), HOME (Humanitarian Organization for Migration Economics), JWB (Justice Without Borders), LASCO (Legal Aid Scheme for Capital Offences), MWC (Migrant Workers’ Centre), SCWO (Singapore Council of Women’s Organizations), TWC2 (Transient Workers Count Too).


b. State-sponsored legal aid

  • Criminal cases:

The Criminal Legal Aid Scheme (“CLAS”) provides legal assistance to anyone in Singapore who faces non-capital criminal charges in Court under the Penal Code or 16 other statutes, [4] provided that they pass both means and merits tests.[5] This extends to non-Singaporeans and non-PRs.

The Legal Assistance Scheme for Capital Offences (“LASCO”) assigns free legal counsel to anyone who is charged with an offence where the penalty may be death (i.e., capital offences, e.g., murder, kidnapping, trafficking in Class A drugs). LASCO will provide legal representation at trial and on appeal, usually with one leading counsel and one assisting counsel. There is neither a means test to pass nor eligibility criteria to satisfy.[6]

  • Civil cases:

The Legal Aid Bureau (“LAB”) provides legal aid for Singaporeans and Permanent Residents (“PRs”) who pass means and merits tests in civil cases.[7] Also eligible are citizens/residents of contracting states who are involved in applications under the Hague Convention on the Civil Aspects of International Child Abduction. If the applicant is below the age of 21, the applicant’s parent/guardian must apply on their behalf. The Legal Aid Bureau is run by the Ministry of Law.[8]

The Community Legal Clinic also provides one-off basic legal advice for Singaporeans and Permanent Residents. The Community Legal Clinic is run by the Law Society of Singapore.


c. Other existing organizations providing pro bono legal aid

On top of directly state-sponsored legal aid, there are a number of other organizations that provide pro bono legal aid. Some NGOs focus on specific groups of applicants, such as migrant workers (HOME, Healthserve, TWC2, MWC); women (AWARE, SCWO); and startup companies (ACE). Other NGOs focus on specific areas of law, such as Syariah law (Jamiyah), intellectual property matters (IPOS), and consumer complaints (CASE).

acronyms: Action Community for Entrepreneurship (“ACE”), Intellectual Property Office of Singapore (“IPOS”), Consumers Association of Singapore (“CASE”)


d. Number of lawyers

As of 2018, there were 5,336 legal practitioners in Singapore.[9]


SOURCES OF DEFENDANT'S RIGHTS

Singapore Constitution, in particular Art 9:

Liberty of the person

9.—(1) No person shall be deprived of his life or personal liberty save in accordance with law.

(2) Where a complaint is made to the High Court or any Judge thereof that a person is being unlawfully detained, the Court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the Court and release him.

(3) Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.

(4) Where a person is arrested and not released, he shall, without unreasonable delay, and in any case within 48 hours (excluding the time of any necessary journey), be produced before a Magistrate, in person or by way of video-conferencing link (or other similar technology) in accordance with law, and shall not be further detained in custody without the Magistrate’s authority.


Pre-trial procedures

POLICE PROCEDURES

1. Complaint/information

Information first received about an offence is normally recorded in a ‘First Information Report’. First information reports can be made to either police officers or other authorized persons. The recording officer/authorized person is obliged by law to follow certain procedures when information about an offence is given.

If the information is in writing, the recording officer must note the name and address of the person who gave the report, as well as the date and time the report was received. In addition, if the information appears to be signed, the officer is to file it as a report (s 14(2) CPC)

If the information is given orally and the recording officer considers it practicable to reduce to writing immediately, the officer must ensure that they must record: (i) the date and time of their receipt of the information; (ii) the name and address of the informant; (iii) the information given by the informant; and (iv) any other such particulars as the nature of the case may require. In addition, the informant, the recording officer, and the interpreter (where applicable) must, where practicable, sign this report (s 14(3) and (4), CPC)

If the information is given orally and it is impracticable for the recording officer to write down immediately, the recording officer must (i) make a note of the first information; and (ii) if the information relates to an arrestable offence, record as soon as possible a fuller statement from the informant (s 14(5) r/w s 22 CPC).

If the information is given to any authorized person, the person must immediately record the information in a report and communicate the report to a police officer whose duty is to deal with reports relating to the commission of any offence (s 15 CPC).


2. Arrest, search, and seizure laws

Offences are broadly categorized into offences that are ‘arrestable’ and ‘non-arrestable’ without a warrant.[10] The police’s procedures and powers of arrest, search and seizure in each investigation depends on which category offence a person has committed (or which the police can reasonably suspect them of committing). Arrestable Penal Code offences are indicated in the 3rd column of the first schedule of the Criminal Procedure Code (“CPC”).

To determine if a non-Penal Code offence is arrestable:

  • (i) check for specific power of arrest in the particular legislation.
  • (ii) if no specific power of arrest, check for the prescribed sentence: punishable with imprisonment for > 3 years = arrestable; punishable with imprisonment for < 3 years or fine only = non-arrestable.

All other offences are non-arrestable unless otherwise specified.


a. Arrest

  • Arrest without warrant:

In general, a warrant for arrest must be obtained for the police to arrest a person (see ss 69-74 CPC for procedural requirements). However, there are provided certain circumstances in which a warrant need not be obtained. In addition to (a) ‘arrestable’ offences, the following people can be arrested without a warrant under s 64(1) CPC:

• (b) possesses a housebreaking tool without being able to provide a lawful excuse for having it; 


• (c) an absconded offender under section 88; 


• (d) reasonably suspected to be in possession of stolen/fraudulently obtained property and reasonably suspected to have committed an offence to obtain it

• (e) obstruction of police officer doing duty or (attempted/)escapee from lawful custody

• (f) deserter from Singapore Armed Forces, Singapore Police Force, volunteer/auxiliary/special forces attached to the police, or any visiting forces lawfully present in Singapore

• (g) suspect that that person is trying to conceal his presence to commit an arrestable offence

• (h) has no apparent means of subsistence or who cannot give a satisfactory account of himself; 


• (i) is known to be a habitual robber, housebreaker or thief, or a habitual receiver of stolen property knowing it to be stolen, or who is known to habitually commit extortion or to habitually put or attempt to put persons in fear of injury in order to commit extortion;


• (j) breach of peace (commission or attempt in the presence of a police officer)

• (k) planning to commit an arrestable offence if cannot otherwise be prevented

• (l) subject to police supervision

• (m) breached detention order

There is other legislation that provides for arrest without a warrant, inter alia –

• Any person who commits or is reasonably suspected of committing an offence under the Misuse of Drugs Act (See s 25)

• Any person who commits an offence under s 40 of the Miscellaneous Offences (Public Order & Nuisance) Act (See s 40)

• Any person who commits or is reasonably believed to have committed an offence under the Immigration Act (See s 51)

• Any person who commits an offence under the National Registration Act (See s 16(1))


  • Physical but not unnecessary restaint:

Physical restraint: When arresting, the arrestee’s body must be touched/confined unless person submits to arrest by word or action (s 75 CPC)

No unnecessary restraint: The person must not be restrained more than is necessary to prevent his escape. (s 76 CPC)


  • Right to be informed of grounds of arrest:

“Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest.” (s 9(3) Constitution)

• General information is sufficient: under what power he is being arrested under and the grounds of his arrest.

• “as soon as may be” – a question of fact in each case

• If not informed, the accused’s arrest and detention can be deemed false imprisonment until he is told (Christie v Leachinsky)


  • Right to counsel:

“Where a person is arrested, (…) he shall be allowed to consult and be defended by a legal practitioner of his choice (s 9(3) Constitution; s 236 CPC)

• Within a reasonable time after arrest. Need not be immediately after arrest; right to be defended by an advocate must be balanced against the duty of the police to carry out effective investigations. Whether the time is ‘reasonable’ is a question of fact in each case. (Jasbir Singh v PP – 2 weeks; affirmed by the Court of Appeal in James Raj S/o Arokiasamy v PP)[11]

• Right to counsel is not an unqualified right. Accused can only be entitled to be defended by a legal practitioner of his choice insofar as the legal practitioner is similarly willing and able to defend him. (Balasundaram v PP)

• No right to be informed of right to counsel

• No right of foreign persons to consular access before statements are recorded.


b. Search

In general, the police’s powers of search depends on whether the offence is arrestable or not. In general, if the investigation involves a non-arrestable offence, the Police have no automatic powers of search, and will have to apply for a search warrant (s 25 CPC, cf. s 34 CPC).

  • Of people:

Search of arrested people without bail (s78(1) CPC)

In this search of the person arrested, the police may place in safe custody all articles other than necessary wearing apparel found upon the person. Search for name and address: any person who is lawfully in custody and unable to give a reasonable account of himself may be searched to find out their name or address (s 80 CPC). Detention and search of people found in a place which is being searched for an object: where a search for anything is lawfully made in any place in respect of any offence, every person found there may be lawfully detained until the search is complete (s 81(1) CPC). Furthermore, if the thing sought can be concealed on a person, the people found in the place can be searched for it by or in the presence of a police officer rank sergeant and above (s 81(2) CPC).

Search of a woman: must be by another woman unless suspected of terrorism or unless the search cannot be made within a reasonable time by a woman (s83 CPC).

  • Of premises:

Starting point: search warrant needed to be issued by the court (s 25 CPC).

Search without warrant for items related to arrestable offences: the investigating police officer may search for a document or other thing in any place without a search warrant if he considers the item necessary for his investigation, and: (a) he has reason to believe that the person in possession of the item is unlikely to produce it; (b) he has reason to believe that the item is likely to be removed; or (c) it is not known who possesses this item or thing (s 34 CPC).

These powers include access to and limiting access to any computer if the police officer has reasonable cause to suspect that it is or has been used in connection with or contains evidence relating to the arrestable offence (s 39 CPC).

Search without warrant of the premises of the person related to arrestable offence: police officers are allowed to enter and search any place belonging to/in the control of a person who is: (i) under arrest for an arrestable offence, (ii) connected to the arrestable offence, or (iii) has given shelter to the person under arrest for an arrestable offence (s 78(2) CPC).

Search without warrant for stolen property: police officers rank sergeant and above can without a warrant search a place which they have reasonable cause to suspect contains stolen property if they have good grounds to believe that the property is likely to be removed (s 32 CPC). In addition, any police officer who has authorization by the Commissioner of Police can search premises which are or have been (for the past 12 months) been occupied by persons convicted of receiving stolen property, harbouring thieves, fraud/dishonesty etc. for the stolen property (s 33 CPC).

Search without warrant for a person sought to be arrested: police officers with the authority to arrest (or any other person acting under an arrest warrant) can search any place if they have reason to believe that the person to be arrested is inside (s 77 CPC). In the course of this search, the police have the power to use reasonable means to effect entry for the search, including the breaking of doors and windows (s 77(4) CPC)


c. Pre-trial detention

  • Must be brought before a court without unnecessary delay

• When arrest is without a warrant: must be heard before a Magistrate’s Court without unnecessary or unreasonable delay and within 48 hours (ss 67, 68 CPC)

• When arrest is with a warrant/when arrest is by a citizen: must be brought before the relevant court without unnecessary delay


  • Exception: Preventive Detention

Article 9(1) of the Constitution states that “no person shall be deprived of his (…) personal liberty save in accordance with law”. However, the Constitution simultaneously provides that any law designed to prevent actions that are (inter alia) prejudicial to the security of Singapore is valid notwithstanding that it may be inconsistent with the rights enumerated in the Constitution, including Art 9 (Art 149(1), Singapore Constitution).

Person may be detained for up to 2 years on order of Minister with the satisfaction of President: Under s 8 of the Internal Security Act (“ISA”), the Minister may order that a person be detained for up to two years if the President is satisfied that it is necessary to prevent that person from acting in any manner prejudicial to the security of Singapore.

Person may be detained for up to 12 months with satisfaction of Minister and consent of Public Prosecutor: At the same time, s 30 of the Criminal Law (Temporary Provisions) Act (“CLTPA”) allows for the detention of a person for up to 12 months if the person has been associated with activities of a criminal nature, if he has the consent of the Public Prosecutor, and if he is satisfied that this detention is necessary in the interests of public safety, peace, and good order.

Constitutional restrictions on preventive detention: Art 151 requires the authority on whose order the person is being detained to provide (i) grounds, (ii) allegations of fact and (iii) opportunity to make representation. Furthermore, no citizen can be detained for more than 3 months without being given the opportunity to make representations to the advisory board (final decision upon 2/3 of Elected Presidency, Advisory Board or Internal Security Department).

There have been efforts to judicially review the executive’s discretion under the various Acts that provide for preventive discretion. One of the main controversies is whether it the court should use a ‘subjective’ or ‘objective’ test to determine whether the Minister has been reasonable in ordering the detention (see Lee Mau Seng, Chng Suan Tze, and Teo Soh Lung[12]; Michael Hor (2005)[13] for a more comprehensive overview).


d. Enforcing the Rules


Note that the illegality of arrests do not affect the court’s jurisdiction to try the accused. Rather, the accused’s remedies lie in civil proceedings or disciplinary actions against the police.


(i) Lineups and other identification procedures

There is a lack of legislative guidelines regulating the conduction of identification parades[14]. The Courts therefore generally have discretion as to whether they will admit or give weight to the evidence but must do so within the confines of procedural safeguards put in place to lessen the danger of the Court relying on unreliable identification evidence.

Firstly, the Courts will give less weight to evidence obtained from line-ups where the composition of foils is clearly unfair to the accused[15].

Secondly, the Singapore Courts have formulated a three-step test[16] based on a modified variation of the Turnbull guidelines[17] to assess the reliability of evidence:

(a) Whether the case is dependent wholly or substantially on the correctness of the identification evidence alleged by the Defence to be mistaken; and if the answer is yes,

(b) If so, whether the identification evidence is of good quality, having regard to the circumstances in which it was made; or

(c) Where the quality of such evidence is poor, whether there is any other evidence that supports the correctness of the identification.

Whether identification evidence will be used and to what extent is subject to the three-step test. If the first limb is satisfied, the second or third does not have to be satisfied for the Court to rely on the evidence[18].


(ii) Interrogation

The procedures and rules governing interrogation in Singapore bestow comprehensive and potent[19] powers of interrogation upon police officers as part of a wider presumption of police integrity[20].

Singapore’s attitude towards admissibility of evidence obtained from police-led interrogation is also significantly more lenient than practices in other Commonwealth countries and marks a departure from the original intention that police-taken statements should be prima facie inadmissible[21]. This attitude has been justified by arguments that the safeguards put in place for statements obtained by the Police ensure sufficient reliability[22].


  • Oral Statements Taken Before Suspect has been Formally Charged

Under s 22(1) of the Criminal Procedure Code, before any person is formally charged with an offence, police officers have the power to compel any suspects or witnesses to appear before them[23]. Police officers have the power to orally examine these persons and take section 22 statements from them as long as they are connected to the proceedings or persons to be charged or already charged with an offence in connection with the case at hand[24]. These section 22 statements are prima facie admissible in Court[25].

Although the person being examined “shall be bound to state truly what he knows of the facts and circumstances of the case ”[26], he enjoys the right of silence[27]. This right is not considered to be a Constitutional right[28].

The right of silence under this section has two limitations:

(a) The accused does not have to be informed of the right of silence[29]; and

(b) The Court can make adverse inferences from the silence[30].

The Court of Appeal in Kwek Seow Hock v Public Prosecutor held that the Court may draw an adverse inference under Section 22(2) on the person’s failure to mention a fact that may prove his innocence in the statement given to the police during the investigation process. While this rarely forms the sole basis of conviction, it can be used to corroborate or support aspects of the Prosecution’s case[31].

However, because Section 22 statements are often taken when the suspect has not yet been informed of the charge against him, it makes it difficult for him to discern what facts would be exculpatory and which would be self-incriminating[32]. Section 22 statements are also taken again after the suspect has been charged but where the details of the charge are not fresh on his mind, opening the door to adverse inferences made against the accused when his omissions are caused by forgetting the events or facts relevant to the Charge[33].


  • After Suspect has been Formally Charged

Under s 23(1) of the Criminal Procedure Code, after a suspect has been formally charged or informed that he may be prosecuted for an offence, he must be served with or have read to him a notice that contains:

1. Information about the Charge; and

2. The consequences of keeping silent or refusing to give a statement.

There is no right to silence for statements made under s 23 of the Criminal Procedure Code. If the suspect continues to keep quiet or omits important information that is useful for his case in his statement, the Court will have the power to draw adverse inferences based on this silence[34].


  • Procedural Safeguards during Interrogation Process

The procedural safeguards for the interrogation process operate almost entirely retroactively. Accused persons can usually only challenge the admissibility of the statements they made under interrogation or argue that the statements should be given less or no weight by the Court.

Consequences of Breach of Procedural Rules: The Criminal Procedure Code does not prevent evidence from being admitted simply because the procedure set out under the code was not adhered to because “[the courts] are not concerned with how the evidence is obtained as it is not for the courts to discipline the police ”[35]. Any lapse in procedure when taking a statement can only go towards a finding of one of the above two points. No lapse in procedure will in and of itself automatically cause statements to be excluded and no inferences will be drawn from the breach of procedure[36].


Statements taken by any enforcement personnel can only be excluded under two circumstances:


1. Voluntariness: Firstly, where the statement was not given voluntarily

For the statement to be admissible, the Prosecution must prove beyond reasonable doubt that the statement taken by the police officer was given voluntarily by the accused[37]. A statement is not given voluntarily if it is made as the result of a threat, inducement or promise which operates on his mind, such that it robs him of his free will[38]. However, the bar to Courts finding a lack of voluntariness is extremely high[39].


2. Prejudicial effect > Probative Value

The Court of Appeal’s judgment in Muhammad bin Kadar and another v Public Prosecutor [2011] 3 SLR 1205 marked a change in attitude towards severe breaches of procedure and their consequences for the evidence’s admissibility[40]. While statements obtained through procedural lapses such as lying to the suspect continue to be prima facie admissible as long as they are voluntarily given[41], the Court now explicitly reserves the discretionary power to exclude these statements where it finds the prejudicial effect of the statement outweighs the probative value of the statement. This can be found where there have been excessive breaches of procedural guidelines that render the evidence so unreliable as to be inadmissible[42].

Video recording: As a practical safeguard and to better assess the arguments on whether a statement was voluntarily taken, the Courts have begun to roll out mandatory video recordings (VRIs) of interrogations and interviews. While VRIs are currently limited to those accused of specified rape offences[43], there are plans to expand its scope in the future. Although defence counsels will not be able to obtain copies of the recording, they will be given access to watch the recordings at an approved place for however many times they want as well as a transcript of the recording[44].

Disciplinary Action for Mistreatment of Suspects and Witnesses: Besides procedures during interrogation affecting the statements as evidence, there are Police General Orders in addition to a Criminal Procedure Code which police officers are trusted to follow during interrogation. Breach of procedures under these codes can be punishable. However, disciplinary proceedings relating to lack of adherence to interrogation procedures is uncommon in Singapore.


Right to counsel: There is an inalienable Right of access to Counsel in Singapore[45] that continues to subsist even where the person is remanded under the Internal Security Act[46]. Its source is Article 9(3) of the Constitution[47]: Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice[48]. However, no one has the right to be informed of his right to Counsel[49]. Furthermore, the Article does not provide the time elapsed or conditions that must be fulfilled before a person can have their Right to Counsel.

The prevailing view in Singapore is that the right to counsel must be granted “within a reasonable time” after the suspect’s arrest, and this “reasonable time” means affording a “reasonable time” for investigations -- the right does not elapse immediately after arrest[50]. As to the actual measure of “reasonable time”, the Courts have stated that it is instead a question of fact because it calls for a factual inquiry of all the relevant considerations[51], explicitly rejecting arguments that a reasonable time is within 48 hours[52]. While the Courts have stated that the onus is on the Police officer to show that the right to counsel would impede police investigation or the administration of justice[53], a largely permissive view has been taken towards delays: Courts have held 2 weeks of no access to counsel to be reasonable despite the Prosecution already having taken a cautioned statement from the accused[54].


Rights of the accused at all times

CRIMINAL LAW SYSTEM

1. Double jeopardy

The prohibition against double jeopardy protects a person from the peril of suffering criminal penalties more than once for the same offence. Article 11(2) of the Constitution of the Republic of Singapore explicitly prohibits double jeopardy. This prohibition is also provided for under s 244 of the Criminal Procedure Code.

The prohibition will only be found to have been breached if:

1. There was a previous criminal “conviction” or “acquittal” of an “offence ”; and

2. The accused has been charged with the same offence, in fact and in law[55] .


2. Legality principle (Presumption of Legality)

The Singapore Court of Appeal has stated in Ramalingam that there is an “established principle that the acts of high officials of state should be accorded a presumption of legality or regularity ”[56]. This “strong” presumption applies to all officials[57] , but is naturally stronger when it involves constitutionally conferred powers[58] or criminal legislation. Where the accused wishes to challenge the actions of officials of state or the constitutionality of a law, he must challenge these presumptions of legality based on the principle of legality under the rule of law.

In the landmark 1988 case of Chng Suan Tze v Minister of Home Affairs [1988] 2 SLR(R) 525, the Singapore Court of Appeal affirmed the principle of legality as existing in Singapore: "the notion of a subjective or unfettered discretion is contrary to the rule of law. All power has legal limits and the rule of law demands that the courts should be able to examine the exercise of discretionary power"[59].

This principle has continued to be affirmed by multiple Court of Appeal judgments[60]. There are three things the accused can challenge on the basis of the principle of legality:

  • Challenging the exercise of powers of clemency

The clemency power is not “extra-legal” and is an executive power subject to legal limits. Courts have the power to ensure that the power of clemency is not being abused – however, this power is not limited to reviews on the merits but merely on the legality of the decision. Therefore, Courts will only interfere where there is conclusive evidence to show that the procedural requirements in Art 22P of the Constitution were not complied with[61] .

  • Challenging Prosecutorial Discretion

In theory, there are two general grounds where prosecutorial discretion can be subject to judicial review: where it has been exercised in bad faith for an extraneous purpose and where the exercise of prosecutorial discretion contravenes constitutional protections and rights[62] . This is based on the principle that the Attorney-General’s exercise of his discretionary powers is subject to substantive limits: to uphold the public interest in maintaining law and order[63] .

However, because these are extremely difficult to show in practice, these have rarely been successful in triggering successful judicial review.

For example, under s 33B(4) of the Misuse of Drugs Act, where prosecutors can provide accused persons with a certificate of assistance, bad faith will only be found if there is a knowing use of a discretionary power for extraneous purposes -- in other words, the Public Prosecutor must be shown to have knowingly exercised his discretion not to issue a certificate of substantive assistance pursuant to 33B(2)(b) for a purpose other than the intended purpose of the substantive assistance regime under s 33B (to enhance the operational effectiveness of the CNB in the disruption of drug trafficking[64] ). In practice, it is near impossible to meet this bar given the opacity of Prosecutorial decision-making in general[65] and the Court acknowledging that there is a presumption of constitutional legality behind Prosecutorial discretion[66] .

  • Challenging the Constitutionality of Criminal Legislation

Accused persons can also invoke the principle of legality to challenge the constitutionality of criminal legislation. The argument employed in these cases are that laws which contradict the Constitution (the supreme law of the land) should be pronounced void[67] .

There have been some notably high-profile cases, the most prominent being the challenge against s 377A of the Penal Code which criminalizes same-sex relations between men. In Lim Meng Suan, this challenge was based on Art 12(1) of the Constitution of the Republic of Singapore, which states that “[a]ll persons are equal before the law and entitled to the equal protection of the law.” In this case, the Courts applied the presumption of constitutionality and found that the law was not so irrational as to displace the presumption[68] .

3. Presumption of innocence

Singapore does not have an explicit constitutional or statutory basis for the presumption of innocence. Furthermore, no Singapore cases have explicitly conceptualized the presumption of innocence[69] -- this has caused a major unresolved source of confusion as to whether the presumption of innocence is a presumption of legal[70] or factual[71] innocence.

Regardless, the presumption of innocence is cornerstone of the criminal justice system and the bedrock of the law of evidence and has been accepted to mean this: that every accused person is innocent until proven guilty[72] .

Several features of the Singapore law derogate from the presumption of innocence. It has been argued that the fact that the Court is allowed to draw adverse inferences against the accused based on silence and that the Court is allowed to rely on confessions from co-accused to form a corpus of evidence to convict the accused are derogations from the Presumption of Innocence.

Furthermore, statutory presumptions under various pieces of Singapore legislation work to displace the presumption of innocence because it removes the burden on the Prosecution to prove on the evidence that the Accused is guilty beyond reasonable doubt.

Most prominently, the Misuse of Drugs Act[73] provides for circumstances where it can be presumed based on certain pieces of evidence that the accused was knowingly in possession of controlled drugs[74] , effectively relieving the Prosecution of the burden to prove on the evidence that the Accused had knowledge and possession.


4. Standards of proof and standards for conviction

Traditionally and historically, anyone faced with a criminal charge can only be found guilty if his guilt is proven beyond reasonable doubt[75] . A reasonable doubt is a reasoned doubt, “a doubt for which one can give a reason, so long as the reason given is logically connected to the evidence[76] ”. The Courts have stated that this standard means that the legal and evidential burden is on the Prosecution to show that there is no other reasonable explanation that points to innocence - showing that the accused person “probably” or “most likely” committed the crime is insufficient[77] .

This standard is tied to the presumption of innocence. V K Rajah J (as he then was) stated in Jagatheesan s/o Krishnasamy v Public Prosecutor [2006] 4 SLR(R) 45 at [59]: "That threshold below which society will not condone a conviction or allow for the presumption of innocence to be displaced is the line between reasonable doubt and mere doubt".

  • Standard of beyond reasonable doubt continues to operate even under statutory presumption

However, Statutory presumptions create a presumption of the truth of certain facts that the accused must rebut on a balance of probabilities. This includes the Misuse of Drugs Act[78] which provides for circumstances where it can be presumed that the accused was knowingly in possession of controlled drugs[79] and was trafficking the drugs. However, it has been argued that these presumptions only alter the evidential burden of proof and do not affect the required standard of proof, which continues to be beyond reasonable doubt[80] .

  • Other anomalous standards of proof

In cases where the accused wishes to raise a defense against the charges against him or claim that an exception under the Penal Code applies to him, he must prove so on a balance of probabilities[81]. Where a fact is especially within the knowledge of a person, the burden of proving the fact is upon him[82] – but this burden is an evidential rather than legal burden.


5. Capital punishment

Singapore is a retentionist state that continues to retain capital punishment. The Court of Appeal has consistently ruled that capital punishment is not cruel or inhuman[83] and not prohibited under the Singapore Constitution[84] or International Law[85] that the Country has subscribed to.

Executions are practiced on a regular basis, and there were 13 executions in 2018[86] . Execution is carried out by hanging[87] . The death penalty is mandatory for murder and a handful of rarely prosecuted offenses such as mutiny, genocide, piracy, and terrorist related crimes; it is discretionary for offenses such as hostage-taking, kidnapping, economic crimes, treason, and arms trafficking[88] . Recent amendments to the Misuse of Drugs Act have made the death penalty discretionary for the offense of trafficking[89] .

The scope of mandatory death penalty for murder in Singapore is broader than most because it also includes group liability – where there is a common intention to murder, a person need only participate and does not have to directly do the act to be liable for murder[90] .

As a procedural safeguard, the Court will not record a plea of guilty in a case where the accused pleads guilty to an offence punishable with death unless evidence is led by the prosecution to prove its case at the trial[91] . Furthermore, as a substantive safeguard, accused persons charged with capital offences are automatically assigned free legal counsel under the Legal Assistance Scheme for Capital Offences[92] .


6. Ex Post Facto punishment

Singapore has strict Constitutionally guaranteed protection against ex post Facto punishments. This can be found in Article 11(1) of the Constitution.


FAIR TRIAL RIGHTS

1. Freedom from prolonged pre-trial detention

Article 9(1) of the Constitution guarantees the right to life and personal liberty. Specifically, it provides that “no person shall be deprived of his life or personal liberty save in accordance with law”.

Article 9(4) states that a person must be produced without unreasonable delay before a Magistrate within 48 hours of his arrest (excluding the time of any necessary journey). He cannot be further detained in custody without the Magistrate’s authority.

However, these rights may be derogated pursuant to Article 9(6) of the Constitution in relation to two categories of laws.

Firstly, laws authorising the arrest and detention of persons “in the interests of public safety, peace and good order” allow for preventive detention, also known as detention without trial. This includes situations where a person is detained under the Internal Security Act (“ISA”) or the Criminal Law (Temporary Provisions) Act (“CLTPA”).

Secondly, laws addressing the “misuse of drugs or intoxicating substances” authorise the arrest and detention of persons for their treatment or rehabilitation without trial. Specifically, section 37(2) of the Misuse of Drugs Act empowers the Director of the Central Narcotic Board to order the detention of drug addicts and abusers if he is satisfied that it is necessary for the accused to undergo treatment or rehabilitation or both at an approved institution.


2. Freedom from punishment

There is no constitutional right against torture in Singapore. The death penalty was upheld as constitutional by the Court of Appeal in Yong Vui Kong v Public Prosecutor (2010) as the Constitution did not contain an express or implied prohibition against inhuman punishment[93].

In Yong Vui Kong v Public Prosecutor (2015)[94], the Court of Appeal also upheld the constitutionality of caning and held that even if there was an unenumerated constitutional right against torture, caning was not torture. However, women and men over the age of 50 are excluded from caning.


3. Right to counsel

Article 9(3) of the Constitution provides that “[w]here a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice”. However, in James Raj s/o Arokiasamy v Public Prosecutor[95], the Court of Appeal upheld its decision in Jasbir Singh v Public Prosecutor[96], which held that the right of access to counsel was one available within a reasonable time and that an allowance for police investigations and procedure was intended to be incorporated within the framework of a “reasonable time”.

In addition, in Rajeevan Edakalavan v Public Prosecutor[97], the High Court held that accused persons did not have the ancillary right to be informed of one’s right to counsel. In Sun Hongyu v Public Prosecutor[98], the High Court further held that accused persons did not have a right to “contact third parties to discover and enquire into his right to counsel” or a right to “contact family and friends to enquire into the legal consequences of his arrest”.


4. Right to habeas corpus

Article 9(2) of the Constitution provides that “[w]here a complaint is made to the High Court or any Judge thereof that a person is being unlawfully detained, the Court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the Court and release him.”

An application for a writ of habeas corpus may be brought for preventive detentions under the ISA and the CLTPA. The scope of judicial review of a detention order under the CLTPA is limited to the traditional grounds of illegality, irrationality and procedural impropriety: Tan Seet Eng v Attorney-General and another matter[99]. In contrast, the ISA was amended in 1989 where s 8B was introduced to limit judicial review only to issues of non-compliance with any procedural requirements.


5. Right to a fair trial

Article 9(1) of the Constitution provides that a person cannot be” deprived of his life or personal liberty save in accordance with law”. The Singapore courts have recognised that the word “law” includes fundamental rules of natural justice: Ong Ah Chuan v Public Prosecutor (“Ong Ah Chuan”)[100].

In Ong Ah Chuan, the court identified three “fundamental elements” of the Singapore criminal justice system, where a breach of any of them would be grounds for violation of Article 9(1). Firstly, criminal convictions could only be secured on proof by the prosecution of the elements of the offence beyond reasonable doubt. Secondly, the tribunal in question must not be biased (see “Right to impartial judge” below). Thirdly, the accused must be heard in his defence (see “Right to counsel” above).

Though the requirement that an offence be proved beyond reasonable doubt is commonly described as a presumption of innocence, the court in Ong Ah Chuan clarified that a statutory presumption of guilt is not necessarily unconstitutional. In that case, the accused was charged with drug trafficking and the prosecutor had relied on the statutory presumption of trafficking in making out the offence. In Yong Vui Kong v Attorney-General (Clemency)[101], the Court of Appeal also held that Article 9(1) require adherence to the procedure in the clemency process because “that is what the law mandates”.


6. Right to notice of charges

Where a person has been charged, he must be served with and have read to him a notice in writing, which includes the offences he has been charged with: s 23(1) CPC.

In Assathamby s/o Karupiah v Public Prosecutor[102], the High Court averred that “[a] charge should state all essential ingredients of an offence, to give an accused notice of the offence and a chance to defend himself”.

The specific details that the charge should include is laid down in ss 123-125 of the Criminal Procedure Code. In particular, s 123(1) CPC states that every charge must state the offence with which the accused is charged while s 123(4) CPC provides that the provision of the law against which the law is said to have been committed must be mentioned in the charge.

In addition, s 124(1) CPC requires that the charge contain details of the time and place of the alleged offence and the person, if any, against whom or the thing, if any, in respect of which it was committed, as are reasonably sufficient to give the accused notice of what he is charged with.


7. Right to non self-incrimination

There is no constitutional right against self-incrimination nor is the failure to inform the accused of his right to remain silent a breach of his constitutional rights: Public Prosecutor v Mazlan bin Maidun[103]. In that case, the Court of Appeal explained that to recognise such a right is to “elevate an evidential rule to constitutional status despite its having been given no explicit expression in the Constitution”. Consequently, a suspect or accused person need not be expressly informed of a right to remain silent when a statement is recorded from him.

Instead, accused persons enjoy what has been described as a privilege against self-incrimination[104]. Though section 22(2) of the Criminal Procedure Code imposes a duty on a person who is questioned by the police to “state truly what he knows of the facts and circumstances”, this is qualified by the proviso that “he need not say anything that might expose him to a criminal charge, penalty or forfeiture”. However, an adverse inference may be drawn from the accused’s failure to mention a fact relied on in his defence in that statement: Kwek Seow Hock v Public Prosecutor[105].

Additionally, section 261(1) of the Criminal Procedure Code provides that an adverse inference may be drawn from an accused person’s failure to mention any fact which he subsequently relies on in his defence after he has been charged with an offence or informed by the police that he may be prosecuted for an offence.

Section 291(1) also states that an adverse inference may also be drawn from an accused’s refusal to give evidence or answer any question at trial. In Haw Tua Tau v Public Prosecutor[106], the Privy Council did not consider this a breach of the natural rules of natural justice. This was because though such powers to draw adverse inferences provided a “strong inducement” to accused persons to submit themselves to cross-examination at trial, there was no “legal compulsion” to do so.


8. Right to a speedy trial

There is no right to a speedy trial. This issue has not been canvassed before the courts. However, there is a case on whether a prolonged delay in the execution of a death sentence was unconstitutional: Jabar bin Kadermastan v Public Prosecutor[107]. In that case, the Court of Appeal held that the accumulation of time spent on death row did not infringe the constitutional rights of prisoners.

9. Right to a trial by jury

There is no right to trial by jury. Singapore abolished trial by jury in 1969.

10. Right to impartial judge

An accused may apply for judicial review on the basis that the judge was biased. This is based on the rule encapsulated by the maxim “nemo iudex in sua causa” (“no one shall be a judge in his own cause”), which has been accepted as a fundamental rule of natural justice in relation to Article 9(1): Ong Ah Chuan.

Bias includes both actual and apparent bias. However, due to the extremely onerous standard of proof of actual bias, most cases have relied on apparent bias instead: Chee Siok Chin and another v Attorney-General[108].

The test for apparent bias was recently clarified as the “reasonable suspicion of bias” test in the recent Court of Appeal decision of BOI v BOJ[109]. This is an objective test based on whether a reasonable observer would think, from the relevant circumstances, that bias was possible. A reasonable observer is informed, fair-minded and would not be complacent or unduly sensitive and suspicious. The relevant circumstances which the court may take into account in finding a reasonable suspicion of bias would be limited to what is available to an observer witnessing the proceedings.


11. Right to appeal

a. Magistrate’s Appeal to the High Court

Generally, accused persons may appeal against any judgment, sentence or order of a trial court to the High Court: s 374 CPC. However, where an accused person has pleaded guilty and has been convicted on the plea, he may appeal only against the extent or legality of the sentence: s 375 CPC. However, a question of law of public interest which has arisen in the matter and the determination of which by the Judge has affected the case may be referred to the Court of Appeal (see “Motions” below).

b. Criminal Appeal to the Court of Appeal

The Court of Appeal is empowered to hear appeals against any decision made by the High Court in the exercise of its original criminal jurisdiction. There is no appeal to the Court of Appeal from decisions made by the High Court in its appellate or revisionary jurisdiction; however, the accused may file a criminal reference under s 397(1) CPC. Where no appeal is lodged by the accused against a sentence of death, the Public Prosecutor must lodge a petition for confirmation with the Registrar of the Supreme Court 90 days after the time allowed under the CPC: s 394A(1) CPC. The Court of Appeal must then examine the record of proceedings and the grounds of decision and satisfy itself as to the correctness, legality and propriety of both the conviction and imposition of the death sentence: s 394B CPC.

c. Procedure for appeal

A petition of appeal must be lodged within 14 days after service of the record of proceedings and the grounds of decision with the Registrar of the Supreme Court (if the trial court is the High Court) or Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court): s 378(1) CPC. The appeal will be treated as withdrawn if not lodged within this timeframe though the appellate court may permit an appeal notwithstanding if it considers it to be in the interests of justice: s 378(3) r/w s 380 CPC.

d. Criminal revision

The High Court may also exercise its revisionary powers to examine the record of any criminal proceedings before the State Courts or any criminal case disclosure conference, and correct any irregularities in the decisions of such matters: ss 400 - 403 CPC.


EXCLUSIONARY RULE

The court has an “exclusionary discretion” where the prejudicial effect of the evidence exceeds its probative value: Muhammad bin Kadar and another v Public Prosecutor[110]. In that case, in relation to the exclusion of statements made by the accused voluntarily, the court held that it should exercise this discretion only where there has been serious procedural irregularities that materially affect the evidential value of a voluntary statement.

This exclusionary discretion does not extend to evidence that was wrongfully obtained, such as entrapment evidence: Law Society of Singapore v Tan Guat Neo Phyllis[111].

Pursuant to s 258(3) of the Criminal Procedure Code, the court is also statutorily obliged to refuse to admit a statement of an accused if the making of the statement appears to the court to have been involuntary. There are two grounds on which a statement may have been made involuntarily.

Firstly, the statement must have been made as a result of some inducement, threat or promise from a person in authority. This inducement, threat or promise must have given the accused grounds which would reasonably have led him to suppose that he would gain an advantage or avoid an evil by making the statement.

However, it has been observed that the courts have demonstrated a judicial tolerance of police pressure in relation to what qualifies as an inducement, threat or promise[112] In Chai Chien Wei Kelvin v Public Prosecutor[113], the Court of Appeal held that expressions by the police for the accused to “tell the truth” and that “the rope was round his neck” did not amount to threats while a remark that the accused would be allowed to call his wife if he co-operated also did not amount to an inducement or a promise.

Secondly, in Explanation 1 to s 258(3), a statement should not be admitted if it had been obtained from an accused by a person in authority who had acted in such a manner that his acts tend to sap and have in fact sapped the accused’s free will. Also known as the doctrine of oppression, the courts have set a high threshold for oppression to be found and most accused persons have failed in relying on this doctrine[114]. For instance, the Court of Appeal has held that the deprivation of sustenance will not generally lead to the exclusion of an accused’s statement unless it was “so serious… that the [accused’s] will might have been completely overborne”: Fung Yuk Shing v Public Prosecutor[115].


Rights in prison

CONDITIONS OF CONFINEMENT

The prison must be kept clean and washed as often as necessary: r 105. The clothes of prisoners and their bed-clothes are also required to be aired, changed and washed as often as the medical officer may direct: r 106(1). The clothes of prisoners must be changed weekly: r 106(2).

Every prisoner must be provided with regular meals that are adequate for the basic health or medical condition of the prisoner: r 110. They are also entitled to such exercise as the medical officer considers necessary for their health: r 107.

The hours of labour for prisoners is determined by the Minister though it cannot exceed 8 hours in any one day: r 102. Prisoners are also entitled to rest days on weekends and public holidays: r 103(1). Jewish and Muslim prisoners are also entitled to observe the sabbath and fasting during Ramadan respectively: r 103(2)-(3). Prisons are also obliged to hold religious services and visits by religious ministers: r 114.

Prisoners may also have access to books and papers as well as educational programmes, as may be directed by the Commissioner: r 115(1). Long sentence prisoners may also participate in recreational activities as authorised by the Commissioner: r 115(2).

It is the Superintendent’s discretion as to the hours that prisoners are unlocked from their cell and locked up for the night, and he may fix different hours for different categories of prisoners: r 101. Every male prisoner must be confined at night in individual cells if the accommodation of the prison permits: r 80. Where prisoners must be kept together in the same cell, a minimum number of 3 prisoners must be kept in each cell and must be lighted at night and be under the constant supervision of prison officers: r 81.

Prisoners also have the privilege of sending and receiving letters monthly, which may be opened and read by a prison officer: r 127(1) r/w r 127A. They may also receive visits from their family and friends: r 127(2).

RIGHT TO MEDICAL CARE

Upon admission, every prisoner will be examined by a medical officer, who will record the prisoner’s state of health: r 77(1). Medical officers are also obliged to visit sick prisoners once daily or more frequently, prisoners sentenced to solitary confinement once daily, every other prisoner once a week: r 60(2).

An infirmary is provided for sick prisoners (r 108) and prisoners may be vaccinated at the discretion of the medical officer (r 109).

In conducting the initial examination upon the prisoner’s admission, the medical officer is obliged to give special attention to the mental condition of the prisoner: r 77(2). The medical officer is also obliged to keep careful observation on the mental condition of prisoners condemned to death and long sentence prisoners: r 62.

WOMEN'S RIGHTS IN PRISON

Female prisoners must be attended by female prison officers: r 82. Female prisoners also do not have to have their hair cut on admission unless the medical officer considers it necessary for health and cleanliness: r 78(3).


Court procedures

PRE-TRIAL

1. Initial Court Appearance

For all charges that are to be tried (whether in the District Court, Magistrate Court or High Court), the accused will first be produced before a Magistrate’s Court.

  • For matters to be tried in the Magistrate’s or District Court

Matters to be tried in the Magistrate’s or District Court tend to be less serious offences. In criminal cases, a District Court can try offences where the maximum imprisonment term does not exceed 10 years or which are punishable with a fine only. However, where the law expressly provides for it, the District Court also has the jurisdiction to try offences and impose sentences which exceeds the above limits such as the Companies Act (Cap 50), Misuse of Drugs Act (Cap 185), Prevention of Corruption Act(Cap 241) and Securities Industry Act (Cap 289)[116].

Where the case is due to be tried in the Magistrate/District Court, when an accused is first charged in court, the charge must be framed, read and explained to him[117]. Thereafter, the accused must be asked whether he wishes to claim trial or plead guilty to the charge unless either party applies for, and the court grants, an adjournment without the plea being recorded[118].

  • For matters to be tried in the High Court

Generally, offences to be tried in the High Court in its original jurisdiction are the more serious offences such as murder, drugs trafficking, rape and kdinapping. The Public Prosecutor may, by fiat, designate the matter to be tried in the High Court where he is of the opinion that this ought or must be done[119].

In matters to be tried in the High Court, the accused will be produced before a Magistrate’s Court and the charge shall be explained to be him but he will not be called upon to plead thereto[120].

2. Charging Instrument

The charging instrument in Singapore Criminal Law is simply known as the “charge”[121]. Every charge must state the offence with which the accused is charged[122]. If the law which creates the offence gives it any specific name, it may only be described in the charge by that name only (s 123(2) CPC). If the law that creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged(s 123(3) CPC). The fact that the charge is made is equivalent to a statement that the case fulfils every legal condition required by law to constitute the offence charged(s 123(5) CPC).

3. Preliminary Hearing

Prior to the Criminal Justice Reform Act 2018, most cases to be tried in the High Court go through an additional committal hearing to determine if there is sufficient evidence to commit an accused person for trial. This has since been replaced with the extension of the transmission procedure for cases to be heard in the High Court to replace the committal hearing process(s 47 Criminal Justice Reform Act 2018).

The other preliminary hearings for criminal trials are mostly in the form of “pre-trial conferences”. These are used to settle administrative matters in relation to a trial. These apply to both matters to be heard in the Magistrate/District Court and those to be heard in the High Court(s 171 CPC and s 220A CPC).

4. Pre-Trial Motions

Criminal Motions are governed by Part XX, Division 5 of the CPC. The motions commonly arising pre-trial include:

- Bail pending trial or appeal;

- Variation of the amount of bail;

- Request for production of papers and documents

- Reservation of question of law to the Court of Appeal

Criminal motions that are filed to the High Court are normally heard in Open Court[123]. Any party to the proceedings may also apply to state a case to the relevant court on any question of law(s 395-396 CPC).


5. Discovery

Discovery procedure in Singapore is largely governed by the Criminal Case Disclosure Conference (“CCDC”) Process as specified in Part IX, Division 1 and Division 2; and Part X, Division 5 of the CPC. CCDC procedure applies to offences triable both in the Magistrate/District and High Court, but can be dispensed away with on request by the Defence for matters heard in the Magistrate/District Court[124]. Matters to be tried in the High Court are compulsorily subject to the CCDC procedure[125].


The CCDC directed by a Court will settle the following matters[126] :

a. The filing of the Case for the Prosecution and the Case for the Defence;

b. Any issues of fact or law which are to be tried by the trial judge at the trial proper;

c. The list of witnesses to be called by the parties to the trial;

d. The statements, documents or exhibits which are intended by the parties to the case to be admitted at trial; and

e. The trial date.


The Case for the Prosecution must contain the following[127] :

a. A copy of the charge which the prosecution intends to proceed with at trial;

b. A list of the names of the witnesses for the prosecution;

c. A list of the exhibits that are intended by the prosecution to be admitted at the trial;

d. The statements of the witnesses that are intended by the prosecution to be admitted at the trial

e. Any written statement made by the accused at any time and recorded by an officer of a law enforcement agency, which the prosecution intends to adduce in evidence A list of every statement, made by the accused at any time to any enforcement agency, which the prosecution intends to adduce in evidence

f. A list of statements made by the accused which the prosecution intends to adduce in evidence.


The Case for the Defence must contain the following[128] :

a. A summary of the defence to the charge and the facts in support of the defence;

b. A list of the names of the witnesses for the defence;

c. A list of exhibits that are intended by the defence to be admitted at the trial; and

d. If objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution: (i) a statement of the nature of the objection; (ii) the issue of fact on which evidence will be produced; and (ii) the points of law in support of such objection.


Further, the Prosecution is under an obligation to disclose to the Defence[129] :

(a) any unused material that is likely to be admissible and that might reasonably be regarded as credible and relevant to the guilt or innocence of the accused; and

(b) any unused material that is likely to be inadmissible, but would provide a real (not fanciful) chance of pursuing a line of inquiry that leads to material that is likely to be admissible and that might reasonably be regarded as credible and relevant to the guilt or innocence of the accused.

This will not include material which is neutral or adverse to the accused – it only includes material that tends to undermine the Prosecution’s case or strengthen the Defence’s case.


TRIAL

1. Nature of the Trial

The Singapore Criminal Justice system, adopted from the British, is an adversarial one. The procedure for all criminal trials is provided for by s 230 of the CPC. The trial begins by the prosecutor opening his case and stating the nature of the offence (s 230(1)(d) CPC). Evidence is presented by way of the prosecutor’s examination of his witnesses, and each of them may be cross-examined by the defence, following which the prosecutor may re-examine them (s 230(1)(e) CPC). After the prosecution has concluded his case, the defence may invite the Court to dismiss the case on the basis that there is no case to answer and the prosecutor may reply to this submission (s 230(1)(f) CPC).

2. Defendant

If after considering the evidence put forth by the Prosecution’s case, the court is of the view that there is some evidence which is not inherently incredible and which satisfies each and every element of the charge as framed by the prosecutor or as altered or framed by the court, the court must call on the accused to enter a defence (s 230(1)(j) CPC). If there is no such evidence, the court must order a discharge amounting to an acquittal (s 230(1)(k) CPC).

When the accused is called on to begin his defence, he may, before producing his evidence, open his case by stating the facts or law on which he intends to rely and make such comments as he deems necessary on the evidence for the prosecution (s 230(1)(o) CPC). Thereafter, the accused shall give evidence and then be cross-examined by other co-accused (if any), and then by the prosecutor and then be re-examined. He can then call on his witnesses to give evidence, who will then be cross-examined and re-examined. The same process follows for his co-accused (s 230(1)(p) CPC).

At the close of the defence’s case, the prosecution has the right to call on any person to testify as witness or recall a witness already re-examine a witness already re-examined for the purpose of rebuttal, and such witness may be cross-examined by the accused and co-accused, after which the prosecution may re-examine (s 230(1)(t) CPC). After this, the defence may sum up his case (s 230(1)(u) CPC), to which the prosecution has a right of reply. The court will then determine guilt of the accused (s 230(1)(v) CPC).

3. Lawyers

Article 35(8) of the Constitution provides that the Attorney-General wields the prosecutorial power in Singapore. The Attorney-General holds two hats- one as chief adviser to the Government and the other as the Public Prosecutor. He has the power and complete discretion to institute, conduct or discontinue proceedings for any offence , including private prosecutions.

In practice, officers from the Attorney General’s Chambers’ (AGC) Crime Division act as Deputy Public Prosecutors (DPPs) and Assistant Public Prosecutors (APPs) under the authority of the Attorney-General[130]. They are responsible for all Criminal Prosecutions.

Article 9(3) of the Constitution provides that an accused person may “consult and be defended by a legal practitioner of his choice”. In cases of preventive detention, the detaining authority under Article 151(a) of the Constitution shall “as soon as may be, inform him of the grounds of detention” and the factual allegations (subject to a privilege of non-disclosure in the national interest) on which the detention order is based, and “shall give him the opportunity of making representations against the order as soon as may be”.

The right to legal counsel is not an unqualified right as the accused is only entitled to a counsel who is “willing and able to represent him” such that an accused cannot claim that his Article 9(3) rights are breached where counsel fails to turn up or is unwilling to act for the accused[131].

4. Judges

Criminal trials in both the State Courts (Magistrate and District Court) and High Court are presided by and disposed of by a single Judge (s 234 CPC).

5. Victims

There is no requirement for the victim of a crime to testify to warrant conviction of the accused person[132]. Aside from this point of principle, the role of the victim at trial varies widely. At the stage of sentencing, the prosecution’s address on sentence may include a victim impact statement (s 228(2)(b) CPC). Where a victim of a sexual abuse or child abuse offence has to testify, the Court must order that the victim give evidence in-camera if the victim does not wish to testify in open Court (s 281B CPC).

SENTENCING

Sentencing is addressed upon conviction of an accused person (s 228(1) CPC). The address of sentence may include the criminal records of the accused, any victim impact statement and other relevant factors which may affect the sentence (s 228(2) CPC). The Court must then hear any plea in mitigation of sentence by the accused to which the prosecution has a right of reply (s 228(3) CPC). At this stage, where any matter raised in the plea affects any legal condition required by law to constitute the offence charged with, the Court must reject the plea of guilty (s 228(4) CPC). Any qualification on the plea of guilty at the stage of mitigation is tantamount to retraction of the plea of guilty and the Court must reject the plea[133]. The constitutional validity of the mandatory death sentence has been repeatedly litigated and it has always been upheld as constitutional[134].

APPEALS

An appeal against judgment, sentence or order of a court may only be made as provided for by statute (s 374(1) CPC). An appeal may lie on a question of fact, a question of law, or on a question of mixed fact and law (s 374(2) CPC).

An appeal by the Public Prosecutor shall be against the acquittal of an accused or the sentence imposed or an order of the trial court (s 374(3) CPC). Conversely, an appeal by a person convicted by a trial court shall be against his conviction, the sentence imposed on him or an order of the trial court (s 374(4) CPC).

Where a novel issue of law of public interest is raised, a Criminal Reference may be sought to determine the question of law after an initial appeal has been exhausted (s 397 CPC).

The criteria to be satisfied are that: 1. The reference to the Court of Appeal may only be made in relation to criminal matter by the High Court in its appellate or revisionary jurisdiction; 2. The reference must relate to a question of law of public interest; 3. The question of law must have arisen from the case which was before the High Court; 4. The determination of the question of law by the High Court must have affected the outcome of the case[135].

REFERENCES

  1. See e.g., the landmark case of R v Wilans, a Straits Settlement (Penang) case which held that English law up to 1826 (both common law and equity) was introduced to Singapore through the 1826 Second Charter of Justice.
  2. See e.g., Yeo, Morgan & Chan, ‘Criminal Law in Singapore & Malaysia, Rev 2nd ed.’ (LexisNexis: Singapore, 2015) at 1.22-1.27
  3. Ministry of Law, ‘Our Legal System’ (2018) https://www.mlaw.gov.sg/our-legal-system.html
  4. Arms & Explosives Act (Cap. 13); Arms Offences Act (Cap. 14); Computer Misuse and Cybersecurity Act (Cap. 50A); Corrosive & Explosive Substances & Offensive Weapons Act (Cap. 65); Dangerous Fireworks Act (Cap. 72); Enlistment Act (Cap. 93); Explosive Substances Act (Cap. 100); Films Act (Cap. 107); Miscellaneous Offences (Public Order and Nuisance) Act (Cap. 184); Misuse of Drugs Act (Cap. 185); Moneylenders Act (Cap. 188) [Sections 14 & 28] 12. Penal Code (Cap. 224); Prevention of Corruption Act (Cap. 241); Undesirable Publications Act (Cap. 338); Vandalism Act (Cap. 341); Women’s Charter (Cap. 353) [Sections 65(8) and 140(1)(i)] [Section 65(8) – any person who willfully contravenes a protection order] [Section 140(1)(i) – has carnal connection with any girl below the age of 16 years]
  5. See http://www.lawsocprobono.org/Documents/CLAS2015_PRINT%20(updated%2018jan16).pdf for more information
  6. Supreme Court of Singapore, ‘Legal Assistance for Capital Offences (LASCO)’ https://www.supremecourt.gov.sg/services/self-help-services/legal-assistance-for-capital-offences
  7. To qualify for advice, assistance, and aid, applicants have to pass the means test. In addition, to qualify for aid (representation), applicants also have to pass the merits test. The means test qualifies people with (a) disposable income of $10,000 and below, and (b) disposable capital of $10,000 and below. Means test notwithstanding, the Director of Legal Aid can also qualify other applicants who are facing hardship. (see: https://www.mlaw.gov.sg/content/dam/minlaw/lab/About%20Us/Legal%20Aid%20Bureau%20-%20Flyer.pdf) Note however that there are some civil matters for which the LAB does not provide legal aid, such as defamation cases, as well as proceedings before the Small Claims Tribunal and the Tribunal for the Maintenance of Parents.
  8. Legal Aid Bureau, ‘Do I qualify for legal aid?’ (2018) https://www.mlaw.gov.sg/content/lab/en/eligibility/do-i-qualify-for-legal-aid.html
  9. Law Society of Singapore, ‘General Statistics’ https://www.lawsociety.org.sg/About-Us/General-Statistics
  10. s 2(1), Criminal Procedure Code (“CPC”).
  11. James Raj s/o Arokiasamy v PP (“the Messiah”) [2014] 3 SLR 750
  12. Lee Mau Seng v Minister for Home Affairs, Singapore & Anor [1969-1971] SLR 508; Chng Suan Tze v Minister of Home Affairs [1989] MLJ 89 and [1988] 2 SLR 525; Teo Soh Lung v Minister of Home Affairs & Ors [1990] SLR 40
  13. Michael Hor, ‘Law and Terror: Singapore Stories and Malaysian Dilemmas’ in Victor V. Ramraj, Michael Hor & Kent Roach, eds., Global Anti-Terrorism Law and Policy (Cambridge: Cambridge University Press, 2005) 273-294
  14. CHEN, Siyuan and CHUA, Eunice. Wrongful Convictions in Singapore: A General Survey of Risk Factors. (2010). Singapore Law Review. 28, 98-122. Research Collection School Of Law.
  15. Lee Desmond, "Legal and Psychological Perceptiveness on Eyewitness Testimony" (2002) 22 Sing. L. Rev. 202
  16. Kunasekaran s/o Kalumuthu Somasundara v Public Prosecutor [2018] 4 SLR 580
  17. R v Turnbull [1977] QB 224
  18. CHEN, Siyuan and CHUA, Eunice. Wrongful Convictions in Singapore: A General Survey of Risk Factors. (2010). Singapore Law Review. 28, 98-122. Research Collection School Of Law.
  19. Muhammad bin Kadar and another v Public Prosecutor [2011] 3 SLR 1205 at [57]
  20. Muhammad bin Kadar and another v Public Prosecutor [2011] 3 SLR 1205 at [58]
  21. Michael Hor, ‘The Future of Singapore’s Criminal Process’, [2013] 25 SAcLJ 847 at page 851
  22. Muhammad bin Kadar and another v Public Prosecutor [2011] 3 SLR 1205 at [58]: These safeguards give rise to the statutory-based assumption that such senior police officers are competent and will discharge their obligations conscientiously.
  23. s 21(1) of the Criminal Procedure Code (Cap 68): In conducting an investigation under this Part, a police officer may issue a written order requiring anyone within the limits of Singapore, who appears to be acquainted with any of the facts and circumstances of the case, to attend before him, and that person must attend as required.
  24. s 22(1) of the Criminal Procedure Code
  25. s 258(1) of the Criminal Procedure Code
  26. s 22(2) of the Criminal Procedure Code
  27. Also known as the privilege against self-incrimination. Ho Hock Lai, ‘On the Obtaining and Admissibility of Incriminating Statements’, [2016] Singapore Journal of Legal Studies, 249–276
  28. Public Prosecutor v Mazlan bin Maidun and another [1992] 3 SLR(R) 968
  29. Public Prosecutor v Mazlan bin Maidun and another [1992] 3 SLR(R) 968. In the past, the police had to inform the suspect of his right not to say anything before questioning him. This duty was set out in rules 3, 4 and 5 of Schedule E to the Criminal Procedure Code (Cap 113, 1970 rev. ed.). The Schedule was repealed in 1976. See Mohamed Bachu Miah v. PP [1992] 2 SLR(R) 783 at [43], [48].
  30. S 261 of the Criminal Procedure Code
  31. Public Prosecutor v Chee Cheong Hin Constance [2006] 2 SLR(R) 24 at [92]
  32. Ho Hock Lai, “The Privilege against Self-Incrimination and Right of Access to a Lawyer” (2013) 25(3). SAcLJ 826 at 840–842
  33. Ho H.L. (2019) Criminal Justice and the Exclusion of Incriminating Statements in Singapore. In: Gless S., Richter T. (eds) Do Exclusionary Rules Ensure a Fair Trial?. Ius Gentium: Comparative Perspectives on Law and Justice, vol 74. Springer, Cham
  34. S 261 of the Criminal Procedure Code
  35. Law Society of Singapore v Tan Guat Neo Phyllis [2008] 2 SLR(R) 239 at [76]
  36. s 22(6) of the Criminal Procedure Code
  37. Public Prosecutor v BDA [2018] SGHC 72 at [24]
  38. s 258(3) of the Criminal Procedure Code (Cap 68); see also https://www.mlaw.gov.sg/content/minlaw/en/news/parliamentary-speeches-and-responses/second-reading-speech-by-law-minister-k-shanmugam-on-the-criminal-procedure-code-bill.html
  39. Explanation 2 to s 258(3) of the Criminal Procedure Code
  40. Hor, Michael, ‘The Future of Singapore’s Criminal Process’, (2013) 25 Singapore Academy of Law Journal, 847–873 at 855
  41. Explanation 2 to s 258(3) of the Criminal Procedure Code
  42. Muhammad bin Kadar and another v Public Prosecutor [2011] 3 SLR 1205
  43. Lum, S. (2018, March 19). Video-recordings of suspects' statements to start in phases. Retrieved from https://www.straitstimes.com/politics/video-recordings-of-suspects-statements-to-start-in-phases
  44. Lum, S. (2018, March 19). Video-recordings of suspects' statements to start in phases. Retrieved from https://www.straitstimes.com/politics/video-recordings-of-suspects-statements-to-start-in-phases.
  45. Lee Mau Seng v Minister for Home Affairs [1971–1973] SLR(R)135
  46. Lee Mau Seng v Minister for Home Affairs [1971–1973] SLR(R)135 at [17]
  47. Constitution of the Republic of Singapore (1999 Rev Ed)
  48. Excepting enemy aliens or any person arrested for contempt of Parliament pursuant to a warrant issued under the hand of the Speaker.
  49. Rajeevan Edakalavan v Public Prosecutor [1998] 1 SLR(R) 10 at [19]
  50. Jasbir Singh and another v Public Prosecutor [1994] 1 SLR(R) 782 at [49]
  51. James Raj s/o Arokiasamy v Public Prosecutor [2014] 3 SLR 750 at [39]
  52. James Raj s/o Arokiasamy v Public Prosecutor [2014] 3 SLR 750
  53. James Raj s/o Arokiasamy v PP [2014] 2 SLR 3 at [12]
  54. Jasbir Singh v Public Prosecutor [1994] 1 SLR 782
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  56. Ramalingam Ravinthran v Attorney-General [2012] 2 SLR 49 at [46]
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  64. Nagaenthran a/l K Dharmalingam v Public Prosecutor and another appeal [2019] 2 SLR 216 at [57]
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  68. Lim Meng Suang v Attorney-General [2015] 1 SLR 26
  69. CHEN, Siyuan. A Preliminary Survey of the Right to Presumption of Innocence in Singapore. (2012).LAWASIA Journal. 7, 78-96.Research Collection School Of Law
  70. “…the presumption of innocence is a presumption that an accused is legally innocent. It is simply an expression, that in a criminal trial, the prosecution is obliged to prove its case beyond reasonable doubt.” https://www.mlaw.gov.sg/content/minlaw/en/news/parliamentary-speeches-and-responses/oral-answer-by-law-minister-k-shanmugam-to-parliamentary-question-on-acquittal-presumption-of.html
  71. XP v Public Prosecutor [2008] 4 SLR(R) 686 at [94]
  72. XP v Public Prosecutor [2008] 4 SLR(R) 686 at [50]; Haw Tua Tau v Public Prosecutor [1981–1982] SLR(R) 133 at [24]
  73. (Cap 185, 2008. Rev Ed)
  74. S 17 and 18 of the Misuse of Drugs Act (Cap 185, 2008. Rev Ed)
  75. S 103 Penal Code; s 3 of the Evidence Act; Woolmington v The Director of Public Prosecutions [1935] AC 462 at 481-482 (most recently approved in Took Leng How v PP [2006] 2 SLR(R) 70 at [27])
  76. XP v Public Prosecutor [2008] 4 SLR(R) 686 at [93]
  77. GCK v Public Prosecutor [2019] SGHC 46 at [27]
  78. (Cap 185, 2008. Rev Ed)
  79. S 18 of the Misuse of Drugs Act (Cap 185, 2008. Rev Ed)
  80. S 17 of the Misuse of Drugs Act (Cap 185, 2008. Rev Ed)
  81. S 107 of the Penal Code; Jayasena [1970] AC 618; s 105 of the Penal Code
  82. S 108 Evidence Act; Public Prosecutor v Chee Cheong Hin Constance [2006] 2 SLR(R) 24
  83. Jabar bin Kadermastan v Public Prosecutor [1995] 1 SLR(R) 326
  84. Art 9(1) of the Constitution of the Republic of Singapore
  85. Hermes. (2016, October 2). Maintaining the legitimacy of capital punishment in S'pore. Retrieved from https://www.straitstimes.com/opinion/maintaining-the-legitimacy-of-capital-punishment-in-spore.
  86. Death Penalty Database. (0AD). Retrieved from https://www.deathpenaltyworldwide.org/country-search-post.cfm?country=Singapore.
  87. s 316 of the Criminal Procedure Code (Cap 68)
  88. NOVAK, A. N. D. R. E. W. (2016). Global decline of the mandatory death penalty. Place of publication not identified: ROUTLEDGE. at pg 76
  89. Saad, I. (2017, March 21). Singapore completes review of mandatory death penalty. Retrieved from https://www.channelnewsasia.com/news/singapore/singapore-completes-review-of-mandatory-death-penalty-8369356.
  90. s 34 of the Penal Code
  91. s 227(3) of the Penal Code
  92. Legal Assistance for Capital Offences (LASCO). (0AD). Retrieved from https://www.supremecourt.gov.sg/services/self-help-services/legal-assistance-for-capital-offences.
  93. [2010] 3 SLR 489; SGCA 20
  94. [2015] 2 SLR 1129; SGCA 11
  95. [2014] 3 SLR 750; SGCA 33
  96. [1994] 1 SLR(R) 782
  97. [1998] 1 SLR(R) 10
  98. [2005] 2 SLR(R) 750
  99. [2016] 1 SLR 779; [2015] SGCA 59
  100. [1979-1980] SLR(R) 710
  101. [2011] 2 SLR 1189
  102. [1998] 1 SLR(R) 1030; [1998] SGHC 104 at [9]
  103. [1992] 3 SLR(R) 968
  104. Ho Hock Lai, “The privilege against self-incrimination and right of access to a lawyer” (2013) 25 SAcLJ 826
  105. [2011] 3 SLR 157
  106. [1981-1982] SLR(R) 133
  107. [1995] 1 SLR(R) 326
  108. [2006] 4 SLR(R) 541; [2006] SGHC 153
  109. [2018] 2 SLR 1156; [2018] SGCA 61
  110. [2011] 3 SLR 1205; [2011] SGCA 32
  111. [2008] 2 SLR(R) 239; [2007] SGHC 207
  112. Ho Hock Lai, “On the Obtaining and Admissibility of Incriminating Statements”, (2016) 2 SJLS 249
  113. [1998] 3 SLR (R) 619
  114. Ho Hock Lai, “On the Obtaining and Admissibility of Incriminating Statements”, (2016) 2 SJLS 249
  115. [1993] 2 SLR(R) 771
  116. https://www.statecourts.gov.sg/cws/CriminalCase/Pages/District-Courts.aspx.
  117. s 158(a) Criminal Procedure Code (Cap 68) (“CPC”).
  118. s 158(b) CPC
  119. s 210(1) CPC
  120. s 173 CPC
  121. Part VII CPC
  122. s 123(1) CPC
  123. https://www.supremecourt.gov.sg/rules/court-processes/criminal-proceedings/types-of-criminal-proceedings/criminal-motions
  124. s 159(2) CPC
  125. s 211A CPC
  126. s 160 and s 212 CPC
  127. s 162(1) and s 214(1) CPC
  128. s 165(1) and s 217(1) CPC
  129. Muhammad bin Kadar v PP [2011] 3 SLR 1205
  130. https://www.agc.gov.sg/our-roles/public-prosecutor/public-prosecutor-overview-of-functions#targetText=AGC%20officers%20of%20the%20Crime,responsible%20for%20all%20criminal%20prosecutions.
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  132. GCK v PP [2019] SGHC 46 at [28]
  133. Dinesh s/o Rajantheran v PP [2018] SGHC 255
  134. Yong Vui Kong v AG [2010]
  135. Muhammad Faizal bin Sabtu and another v Public Prosecutor and another matter [2013] SGCA 1

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