Criminal Procedure Code (CHAPTER 68)

Criminal Procedure Code (CHAPTER 68)

Criminal Procedure Code (CHAPTER 68) Table of Contents Long Title Part I PRELIMINARY 1 Short title 2 Interpretation 3 Service of notices, orders and documents 4 Trial of offences under Penal Code or other laws 5 Saving of powers of Supreme Court and law officers 6 Where no procedure is provided Part II 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 III POWERS OF ATTORNEY-GENERAL AND PUBLIC PROSECUTOR 11 Public Prosecutor 12 Public Prosecutor’s fiat Singapore Statutes Online Current version as at 03 Nov 2018 PDF created date on: 03 Nov 2018 13 Public Prosecutor’s power to take over conduct of prosecution, etc. Part IV INFORMATION TO POLICE AND POWERS OF INVESTIGATION Division 1 — Duties of police officer on receiving information about offences 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 Division 2 — Search and seizure 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 Singapore Statutes Online Current version as at 03 Nov 2018 PDF created date on: 03 Nov 2018 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 coin or counterfeit currency note or bank note, 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 Part V PREVENTION OF OFFENCES Division 1 — Security for keeping peace and for good behaviour 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 Singapore Statutes Online Current version as at 03 Nov 2018 PDF created date on: 03 Nov 2018 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 Division 2 — Proceedings following order to provide 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 Division 3 — Unlawful assemblies 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 Singapore Statutes Online Current version as at 03 Nov 2018 PDF created date on: 03 Nov 2018 62 Protection against prosecution for acts done under this Division Division 4 — Preventive action of police 63 Prevention of offences and use of lethal force by police Part VI ARREST AND BAIL AND PROCESSES TO COMPEL APPEARANCE Division 1 — Arrest without warrant 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 Division 2 — Arrest with warrant 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 Division 3 — General provisions for arrests with or without warrant 75 How to arrest Singapore Statutes Online Current version as at 03 Nov 2018 PDF created date on: 03 Nov 2018 76 No unnecessary restraint 77 Search of place entered by person sought to be arrested 78 Search of person arrested and his 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 Division 4 — Proclamation and attachment 88 Proclamation for person absconding 89 Attachment of property of person proclaimed 90 Application for release of attached property Division 5 — Bails and bonds 91 Interpretation of this Division 92 When person must normally be released on bail or personal bond, or on both Singapore Statutes Online Current version as at 03 Nov 2018 PDF created date on: 03 Nov 2018 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 High Court regarding bail 98 Application for bail or release on personal bond in 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 on forfeiture of personal bond without sureties 107A Procedure on forfeiture of bond with sureties 108 Appeal from orders 109 Power to direct levy of amount due on bond Division 6 — Notice to attend court and bonds to appear in court Singapore Statutes Online Current version as at 03 Nov 2018 PDF created date on: 03 Nov 2018 110 Notice to attend court 111 Bond for appearance of complainant and witnesses Division 7 — Surrender of travel document and requirement to remain in Singapore 112 Surrender of travel document 113 Return of travel document 114 Where person acquainted with facts of investigation intends to leave Singapore Division 8 — Summons to appear in court 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 VII THE CHARGE 123 Form of charge 124 Details of time, place and person or thing Singapore Statutes Online Current version as at 03 Nov 2018 PDF created date on: 03 Nov 2018 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 referred to in section 10 proved 143 Persons who may be charged and tried jointly Singapore Statutes Online Current version as at 03 Nov 2018 PDF created date on: 03 Nov 2018 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 VIIA 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 Singapore Statutes Online Current version as at 03 Nov 2018 PDF created date on: 03 Nov 2018 149M Appeals from certain decisions under this Part Part VIII 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

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