Criminal Procedure Code 2010
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 Interpretation
3 Service of notices, orders and documents
4 Trial of offences under Penal Code 1871 or other laws
5 Saving of powers of Supreme Court and law officers
6 Where no procedure is provided
Part 2 CRIMINAL JURISDICTION OF STATE COURTS
7 Criminal jurisdiction of Magistrates’ Courts
8 Criminal jurisdiction of District Courts
9 Enlargement of jurisdiction of State Courts
10 Consent required for prosecution of certain offences
Part 3 POWERS OF ATTORNEY-GENERAL AND PUBLIC PROSECUTOR
11 Public Prosecutor
12 Public Prosecutor’s fiat
13 Public Prosecutor’s power to take over conduct of prosecution, etc.
Part 4 INFORMATION TO POLICE AND POWERS OF INVESTIGATION
14 Information about offences received by police
15 Information about offences received by authorised persons
16 Procedure in non-arrestable cases
17 Procedure when arrestable offence is suspected
18 Investigation in arrestable cases
19 Diary of proceedings in investigation
20 Power to order production of any document or other thing
21 Power to require attendance of witnesses
22 Power to examine witnesses
23 Cautioned statements
24 When search warrant may be issued
25 Search of house suspected to contain stolen property, forged documents, etc.
26 Form of search warrant
27 Setting aside search warrant
28 When search warrant issued to person other than police officer
29 Execution of search warrant
30 Search for person wrongfully confined
31 Person in charge of closed place to allow search
32 Search without warrant for stolen property
33 Summary search
34 Search by police officer in arrestable case
35 Powers to seize property in certain circumstances
36 Forfeiture of counterfeit currency or banknote, etc.
37 List of all things seized to be made and signed
38 Power of court to impound document or other thing produced
39 Power to access computer
40 Power to access decryption information
40A Powers of investigation of certain law enforcement officers when recording statements
40B Officer deemed to be of certain rank
Part 5 PREVENTION OF OFFENCES
41 Security for keeping peace on conviction
42 Security for keeping peace by complainant
43 Security for keeping peace generally
44 Security for good behaviour from suspected offenders, etc.
45 Security for good behaviour from habitual offenders
46 Order to show cause
47 Procedure in respect of person subject to order
48 Attendance of person required to execute bond
49 Inquiry as to truth of information
50 Order to give security
51 Start of period for which security is required
52 Contents of bond
53 Power to reject sureties
54 Imprisonment in default of security
55 Power to release person imprisoned for failing to give security
56 Discharge of surety
57 Who may order unlawful assembly to disperse
58 When unlawful assembly may be dispersed by use of civil force
59 Use of military force
60 Minister or Commissioner of Police or Deputy Commissioner of Police may require any officer in command of troops to disperse unlawful assembly
61 When commissioned officer may disperse unlawful assembly by military force
62 Protection against prosecution for acts done under this Division
63 Prevention of offences and use of lethal force by police
Part 6 ARREST AND BAIL AND PROCESSES TO COMPEL APPEARANCE
64 When arrest may be made without warrant
65 Arrest on refusal to give name and residence to police officer
66 Arrest by private person
67 How arrested person to be dealt with
68 Person arrested not to be detained more than 48 hours
69 Warrant to whom directed
70 Arrest of person subject to warrant
71 Form of arrest warrant
72 Court may endorse on warrant security to be taken
73 Notification of content of warrant
74 Arrested person to be brought before court without delay
75 How to arrest
76 No unnecessary restraint
77 Search of place entered by person sought to be arrested
78 Search of person arrested and his or her premises
79 Power to seize offensive weapons
80 Search for name and address
81 Detention and search of persons in place searched
82 Mode of freeing persons
83 Mode of searching women
84 Power to pursue and arrest after escape or rescue
85 Release of arrested person
86 Public assistance in arrests
87 Assisting person other than police officer to execute warrant
88 Proclamation for person absconding
89 Attachment of property of person proclaimed
90 Application for release of attached property
91 Interpretation of this Division
92 When person must normally be released on bail or personal bond, or on both
93 When person accused of non-bailable offence may be released on bail
94 Conditions of bail or personal bond
95 Exceptions to bail or release on personal bond
96 Amount of bond
97 Powers of General Division of High Court regarding bail
98 Application for bail or release on personal bond in General Division of High Court
99 Bond to be executed
100 Person to be released
101 Released person to give address for service
102 Withdrawal, change of conditions, etc., of bail
103 Absconding or breaking conditions of bail or personal bond, etc.
104 Duties of surety
105 Surety may apply to have bond discharged
106 Security instead of surety
106A Prohibition against agreements to indemnify surety, etc.
107 Procedure for forfeiture of bond without sureties
107A Procedure for forfeiture of bond with sureties
108 Appeal from orders
109 Power to direct levy of amount due on bond
110 Notice to attend court
111 Bond for appearance of complainant and witnesses
112 Surrender of travel document
113 Return of travel document
114 Where person acquainted with facts of investigation intends to leave Singapore
115 Form and validity of summons, etc.
116 Service of summons
117 Proceedings against body corporate, limited liability partnership, etc.
118 Service for fine-only offence
119 Proof of service
120 Issue of warrant instead of or in addition to summons
121 Service of summons: reciprocal arrangements with Malaysia and Brunei Darussalam
122 Detention of offender attending court
Part 7 THE CHARGE
123 Form of charge
124 Details of time, place and person or thing
125 When manner of committing offence must be stated
126 Sense of words used in charge to describe offence
127 Effect of errors
128 Court may alter charge or frame new charge
129 Trial after alteration of charge or framing of new charge
130 Stay of proceedings if altered or new charge requires Public Prosecutor’s consent
131 Recall of witnesses on trial of altered or new charge
132 Separate charges for distinct offences
133 Joining of similar offences
134 Trial for more than one offence
135 Trial of offences within 2 or more definitions
136 Acts forming one offence but when combined form different offence
137 Sections 134, 135 and 136 not to affect section 308
138 If it is doubtful what offence has been committed
139 When person charged with one offence can be convicted of another
140 Conviction of attempt or abetment
141 When offence proved is lesser offence
142 Where court finds offence mentioned in section 10 proved
143 Persons who may be charged and tried jointly
144 Joint trials for connected offences
145 Joint trials with consent
146 Separate trial when accused is prejudiced
147 Withdrawal of remaining charges on conviction on one of several charges
148 Outstanding offences
149 Death of accused
Part 7A DEFERRED PROSECUTION AGREEMENTS
149A Interpretation of this Part
149B Entering into DPA, etc.
149C Effect of DPA on court proceedings while DPA is in force
149D Persons who may enter into DPA with Public Prosecutor
149E Content of DPA
149F Court approval of DPA
149G Breach of DPA
149H Variation of terms of DPA
149I Expiry of DPA
149J Publication of information
149K Use of material in criminal proceedings
149L Money received by prosecutor under DPA
149M Appeals from certain decisions under this Part
Part 8 INITIATION OF CRIMINAL PROCEEDINGS AND COMPLAINT TO MAGISTRATE
150 Initiation of criminal proceedings
151 Examination of complaint
152 Dismissal of complaint
153 Issue of summons or warrant
154 Personal attendance of accused may be dispensed with
155 Absence of complainant in proceedings instituted on complaint
156 Absence of accused
Part 9 PRE-TRIAL PROCEDURES IN THE STATE COURTS
157 Interpretation of this Part
158 Reading of charge
159 When criminal case disclosure procedures apply
160 Criminal case disclosure conference
161 When Case for the Prosecution is served
162 Contents of Case for the Prosecution
163 When Case for the Defence is served
164 Court to explain to unrepresented accused certain requirements and consequences
165 Contents of Case for the Defence
166 Time for service of other statements and exhibits
167 Fixing dates for trial
168 If co-accused charged subsequently
169 Consequences of non-compliance with Division 2
170 Court to try accused or transfer case
171 Case conference
Part 10 PRE-TRIAL PROCEDURES IN GENERAL DIVISION OF HIGH COURT
172 Interpretation of this Part
173 When accused first produced in court
174 Remand of accused
175 Procedure for cases to be tried in General Division of High Court
176 (Repealed)
177 (Repealed)
178 (Repealed)
179 (Repealed)
180 (Repealed)
181 (Repealed)
182 (Repealed)
183 (Repealed)
184 (Repealed)
185 (Repealed)
186 (Repealed)
187 (Repealed)
188 (Repealed)
189 (Repealed)
190 (Repealed)
191 (Repealed)
192 (Repealed)
193 (Repealed)
194 (Repealed)
195 (Repealed)
196 (Repealed)
197 (Repealed)
198 (Repealed)
199 (Repealed)
200 (Repealed)
201 (Repealed)
202 (Repealed)
203 (Repealed)
204 (Repealed)
205 (Repealed)
206 (Repealed)
207 (Repealed)
208 (Repealed)
209 (Repealed)
210 Transmission of case to General Division of High Court
211 Public Prosecutor may issue subsequent fiat
211A When criminal case disclosure procedures apply
212 Procedure after case has been transmitted to General Division of High Court
213 When Case for the Prosecution is served
214 Contents of Case for the Prosecution
215 When Case for the Defence is served
216 Court to explain to unrepresented accused certain matters
217 Contents of Case for the Defence
218 Time for service of other statements, etc.
219 Fixing dates for trial
220 If co-accused charged subsequently
220A Case conference
221 Consequences of non-compliance with certain requirements in Division 5
Part 11 GENERAL PROVISIONS RELATING TO PRE-TRIAL AND PLEAD GUILTY PROCEDURES IN ALL COURTS
222 Conference by video link
223 Extension of time
224 Power of court to prohibit certain communication
225 Restrictions on reports of restricted information
225A Restrictions on use of material disclosed by prosecution
225B Mode of disclosing statement recorded in form of audiovisual recording
226 Pleading guilty electronically
227 Procedure if accused pleads guilty, etc.
228 Address on sentence, mitigation and sentence
Part 12 PROCEDURE AT TRIAL IN ALL COURTS
229 Interpretation of this Part
230 Procedure at trial
231 Notice required to call witness or produce exhibits not disclosed in Case for the Prosecution or Case for the Defence
232 Public Prosecutor may decline to further prosecute at any stage of trial
233 Evidence to be taken in presence of accused
234 Trial before single judge
235 Power of court to order any production of document or thing
Part 13 GENERAL PROVISIONS RELATING TO PROCEEDINGS IN COURTS
236 Right of accused person to be defended
237 Change of judge during trial
238 Power to postpone or adjourn proceedings
238A Oral hearing not needed generally
238B Summary dismissal of applications
239 Power of General Division of High Court to transfer cases
240 Transfer of cases by other courts
241 Compounding offences
242 Public Prosecutor may compound offences
243 Compounding of offences under other written laws
244 Person once convicted or acquitted not to be tried again for offence on same facts
245 Plea of previous acquittal or conviction
246 Interpretation of this Division
247 Procedure if accused is suspected to be incapable of making defence
248 Certificate of designated medical practitioner
249 Release, pending investigation or trial, of person incapable of making defence
250 Resumption of proceedings
251 Acquittal on ground of unsound mind
252 Safe custody of person acquitted
253 Visiting of person confined under section 249 or 252, or released under section 249, 252 or 255 on any condition
254 Procedure when person confined under section 249 or released under section 249 or 255(1) is reported able to make defence
255 Delivery of person confined under section 249 or 252 to care of relative or friend
256 Procedure when person confined under section 249 or 252, or released under section 249, 252 or 255 on any condition, certified fit for discharge or release
256A Failure by person released to comply with condition of release order, etc.
Part 14 EVIDENCE AND WITNESSES
257 Interpretation of this Part
258 Admissibility of accused’s statements
258A Admissibility of Case for the Defence
258B Reference to certain documents in Case for the Prosecution
259 Witness’s statement inadmissible except in certain circumstances
260 Admissibility of report on first information made under section 14 or 15
261 Inferences from accused’s silence
262 Use of affidavits sworn by witnesses
263 Report of qualified persons
264 Conditioned statements
264A Statement recorded in form of audiovisual recording
265 When evidence of past possession of stolen property allowed
266 When evidence of previous conviction allowed
267 Proof by formal admission
268 Hearsay evidence in criminal proceedings
269 (Repealed)
270 (Repealed)
271 (Repealed)
272 (Repealed)
273 (Repealed)
274 (Repealed)
275 (Repealed)
276 (Repealed)
277 (Repealed)
278 Notice of alibi
279 Procedure to determine admissibility of evidence
280 Power of Magistrate to record statements
281 Evidence through video or television links
281A Measures to prevent witness from seeing accused
281B Evidence to be given in private in certain cases
282 Attendance of prisoner as witness
283 Power of court to summon and examine persons
284 When person bound to give evidence intends to leave Singapore
285 Recording of evidence
286 Manner of recording evidence
287 (Repealed)
288 Interpretation of evidence to accused
289 Remarks as to demeanour of witness
290 How previous conviction or acquittal may be proved
291 Accused not to give evidence except on oath or affirmation
292 Procedure when accused does not understand proceedings
293 Record of evidence in absence of accused
294 Procedure when prospective witness is ill
295 Taking of evidence before trial
296 Deposition of medical witness
297 Deposition of certain other witnesses
Part 15 JUDGMENT
298 Mode of delivering judgment
299 Procedure after judgment of appellate court
300 Judgment in alternative
301 Judgment not to be altered
302 Judgment to be filed with record
Part 16 SENTENCES
303 Sentences
303A Presumptive minimum sentence
304 Corrective training and preventive detention
305 Reformative training
306 Sentence in case of conviction for several offences at one trial
307 Consecutive sentences in certain cases
308 Limit of punishment for offence made up of several offences
309 Police supervision
310 Requirements from person subject to supervision
311 Penalty for non-compliance with section 310
312 Application of law to orders for police supervision made in Malaysia
313 Provisions as to execution of sentences of death
314 No sentence of death against person below 18 years of age
315 Sentence of death not to be passed on pregnant woman
316 Judgment of death
317 Sentences other than of death
318 Date that sentence begins
319 Provisions as to sentence of fine
320 Suspension of execution in certain cases
321 Who may issue warrant
322 Commencement of sentence of imprisonment on prisoner already undergoing imprisonment
323 Juvenile may be dealt with under Children and Young Persons Act 1993
324 Return of warrant of execution
325 Execution of sentence of caning forbidden in certain cases
326 Place for executing sentence of caning
327 Time of executing sentence of caning
328 Limit on number of strokes
329 Mode of executing sentence of caning
330 Caning not to be carried out by instalments
331 Medical officer’s certificate required
332 Procedure if punishment cannot be inflicted under section 331
333 Power to pardon, suspend or remit sentence, etc.
334 Power to commute punishment
Part 17 COMMUNITY SENTENCES
335 Interpretation of this Part
336 Meaning of "community order" and "community sentence"
337 Community orders
338 Combination of community orders
339 Mandatory treatment orders
340 Obligations of offender subject to mandatory treatment order
341 Day reporting orders
342 Electronic monitoring of offender subject to day reporting order
343 Obligations of offender subject to day reporting order
344 Community work orders
345 Obligations of offender subject to community work order
346 Community service orders
347 Obligations of offender subject to community service order
348 Short detention orders
349 Taking of security
350 Forfeiture of security
351 Variation and revocation of community orders on grounds other than breach thereof
352 Breach of community orders
353 Commission of offence before community order is in force
354 Commission of further offence
Part 18 COMPENSATION AND COSTS
355 Order for payment of costs by accused and order for payment of costs incurred by accused in accused’s defence
356 Costs ordered by Court of Appeal or General Division of High Court
357 Costs against defence counsel
358 Costs awarded against Public Prosecutor
359 Order for payment of compensation
360 Provisions as to money payable as compensation
361 Costs recoverable as judgment debt
362 Reward for unusual exertions and compensation for family of person killed in arresting
363 Court may order payment of expenses of witnesses
Part 19 DISPOSAL OF PROPERTY
364 Order for disposal of property by court
365 Direction instead of order
366 Payment to innocent person of money in possession of convicted person
367 Stay of order
368 Destruction of libellous and other matter
369 Restoration of possession of immovable property
370 Procedure governing seizure of property
371 Procedure when person entitled to property is known
372 Procedure when person entitled to property is unknown or cannot be found
Part 20 APPEALS, POINTS RESERVED, REVISIONS AND CRIMINAL MOTIONS
373 Interpretation of this Part
374 When appeal may be made
375 Limited right of appeal against plea of guilty
376 Appeal against acquittal and sentence in private prosecutions
377 Procedure for appeal
378 Petition of appeal
379 Records of court proceedings to be sent to appellate court and respondent
380 Appeal specially allowed in certain cases
381 Procedure when appellant in prison
382 Bail pending appeal
383 Stay of execution pending appeal
384 Summary rejection of appeal
385 Notice and time of hearing
386 Appeal to be heard by one or more Judges
387 Procedure at hearing
388 Non-appearance of respondent
389 Arrest of respondent in certain cases
390 Decision on appeal
391 Omission to frame charge
392 Taking additional evidence
393 Death of party to appeal
394 Grounds for reversal by appellate court
394A Public Prosecutor to file petition for confirmation
394B Court of Appeal to review sentence of death
394C Powers of Court of Appeal in petition for confirmation
394D Permission for parties to be heard
394E Orders on review
394F Interpretation of this Division
394G Conditions for making review application
394H Application for permission to make review application
394I Hearing of review application
394J Requirements for exercise of power of review under this Division
394K Other matters concerning review applications and applications for permission
395 Power of court to state case
396 Application to state case directly to Court of Appeal
397 Reference to Court of Appeal of criminal matter determined by General Division of High Court in exercise of its appellate or revisionary jurisdiction
398 Determination and order
399 Opinion on case stated
400 Power to call for records of State Courts
401 Powers of General Division of High Court on revision
402 Orders on revision
403 Permission for parties to appear
404 Power to revise orders made at criminal case disclosure conference
405 Motion
406 Notice of motion
407 Form and issue of notice of motion
408 Adjournment of hearing
408A Dealing with motion in absence of parties, etc.
408B Decision or order affecting lower court
409 Costs
Part 21 SPECIAL PROCEEDINGS
410 (Repealed)
411 (Repealed)
412 (Repealed)
413 (Repealed)
414 (Repealed)
415 (Repealed)
416 (Repealed)
417 Application for order for review of detention
418 Orders for review of detention
419 Court martial
420 Removal of prisoner from one custody to another
421 Duty of officer to whom order or warrant is addressed
422 No appeal
Part 22 MISCELLANEOUS
423 When irregularities do not make proceedings invalid
424 Duty to give information of certain matters
425 Irregularity in attachment
425A Prohibition against publication, etc., that identifies complainant or alleged victim of sexual offence or child abuse offence
425B Information not to be disclosed if prejudicial to national or public interests, etc.
426 Copies of proceedings
427 Amendment of Schedules
428 Minister to make regulations
428A Criminal Procedure Rules Committee and Criminal Procedure Rules
429 Saving and transitional provisions