# legal_provisions

document_id: cpa-1993
provision_ref: s39
chapter: PART 8 - MISCELLANEOUS
section: 39
title: Power to take samples for analysis
content:
39. —(1) An authorised officer may, for the purposes of ascertaining the presence of prohibited pesticide residue and the levels of pesticide residue or toxic chemical residue contained in any fresh fruit or vegetable — ( a ) enter any premises at all reasonable times to take (without payment) a reasonable sample of fresh fruits or vegetables for analysis by an authorised analyst; and ( b ) detain the whole lot from which the sample is taken under normal storage conditions until a report of the result of the analysis is obtained. (2) A report of the result of an analysis which is signed by an authorised analyst is admissible in evidence in any proceedings under this Act or any rules made under this Act and, in the absence of evidence to the contrary, is proof of the matters stated in the report.


document_id: cpa-1993
provision_ref: s40
chapter: PART 8 - MISCELLANEOUS
section: 40
title: Power to dispose of, etc., fresh fruits and vegetables
content:
40. —(1) Where any sample of fresh fruits or vegetables is determined by an authorised analyst to contain any prohibited pesticide residue, or any pesticide residue or toxic chemical residue exceeding the prescribed levels, the Director-General may, in his or her discretion, cause the whole lot of fresh fruits or vegetables from which the sample is taken, to be — ( a ) re-exported or returned to its place of origin; ( b ) treated in such manner as he or she may direct so as to remove or aid the dissipation of the residue to the prescribed levels; or ( c ) disposed of in any manner that he or she may direct. (2) The cost of, and all expenses incurred in, the re-exporting, returning, treatment or disposal under subsection (1) must be defrayed by the owner, grower or importer of the fresh fruits or vegetables.


document_id: cpa-1993
provision_ref: s41
chapter: PART 8 - MISCELLANEOUS
section: 41
title: Access to documents, books and records
content:
41. Any person who imports for sale or supply or who grows fresh fruits or vegetables must, on demand, afford the Director-General access to, and produce, such documents, books or records relating to or reasonably believed to relate to the fresh fruits or vegetables as the Director-General may require.


document_id: cpa-1993
provision_ref: s42
chapter: PART 8 - MISCELLANEOUS
section: 42
title: Forfeiture
content:
42. —(1) Where any person is convicted of any offence under this Act or any rules made under this Act, the court may order that any article seized under this Act or any rules made under this Act or in respect of which the offence was committed, be forfeited to the Board. [10/2019] (2) Where a person who is charged for an offence under this Act or any rules made under this Act is acquitted, the court may order any article seized under this Act or any rules made under this Act to be released to the person from whom the article was seized. (3) Where the owner of the article cannot be ascertained, the Board may confiscate the article seized. [10/2019] (4) Every article so forfeited to the Board must be disposed of in any manner that the Board thinks fit. [10/2019]


document_id: cpa-1993
provision_ref: s43
chapter: PART 8 - MISCELLANEOUS
section: 43
title: Presumption of ownership
content:
43. Where in any proceedings under this Act or any rules made under this Act a question arises as to the ownership of any plant, plant product, pest or article, the person found in possession of the plant, plant product, pest or article is presumed to be the owner thereof until the contrary is proved.


document_id: cpa-1993
provision_ref: s44
chapter: PART 8 - MISCELLANEOUS
section: 44
title: Service of notices
content:
44. —(1) Where under this Act or any rules made under this Act any notice, order or document is required or authorised to be served on any person, it may be served by — ( a ) delivering it personally or by leaving it with some adult person at the last known place of residence or business of the person to be served; ( b ) leaving it at the usual or last known place of residence or business of the person to be served in a cover addressed to that person, or posting it upon a conspicuous part of those premises; or ( c ) sending it by registered post addressed to the person to be served at the person’s usual or last known place of residence or business. (2) Any notice, order or document required or authorised by this Act to be served on the owner or the occupier of any premises is deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of the premises without further name or description.


document_id: cpa-1993
provision_ref: s45
chapter: PART 8 - MISCELLANEOUS
section: 45
title: Protection from liability
content:
45. No suit or other legal proceedings shall lie against the Director‑General or any authorised officer in respect of anything done or omitted to be done in the discharge of their duties under this Act or any rules made under this Act unless the thing was done or omitted to be done in bad faith.


document_id: cpa-1993
provision_ref: s46
chapter: PART 8 - MISCELLANEOUS
section: 46
title: Fees, etc., payable to Board
content:
46. All fees, charges and moneys collected under this Act or any rules made under this Act (except composition sums) must be paid to the Board. [10/2019]


document_id: cpa-1993
provision_ref: s47
chapter: PART 8 - MISCELLANEOUS
section: 47
title: Composition of offences
content:
47. —(1) The Director-General may compound any offence under this Act or any rules made under this Act which is prescribed as an offence which may be compounded by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000. (2) The Minister may prescribe the offences which may be compounded. (3) Where an offence is compounded under this Act or any rules made under this Act, any article seized must be forfeited to the Board. [10/2019] (4) All composition sums collected under this section must be paid into the Consolidated Fund. [10/2019]


document_id: cpa-1993
provision_ref: s48
chapter: PART 8 - MISCELLANEOUS
section: 48
title: Exemption
content:
48. The Minister may, either generally or in any particular case, and subject to any conditions that the Minister may impose, exempt any person from all or any of the provisions of this Act or any rules made under this Act.


document_id: cpa-1993
provision_ref: s49
chapter: PART 8 - MISCELLANEOUS
section: 49
title: Rules
content:
49. —(1) The Minister may make rules for or with respect to any matter which may be necessary or expedient for carrying out the provisions of this Act. (2) Without limiting subsection (1), rules may be made — ( a ) providing for the powers and duties of the authorised officers; ( b ) providing for matters relating to registration, licensing, certification and the issue of permits; ( c ) prescribing the procedure, condition or location for the import or transhipment of any fresh fruit and vegetable; ( d ) providing for matters relating to the taking of samples of fresh fruits and vegetables under section 39 for analysis, and for matters relating to such analysis; ( e ) prescribing the qualifications and practical experience of an authorised analyst; ( f ) prescribing the sanitary standards mentioned in section 8(1)( d ); ( g ) providing for the inspection, observation, detention, identification, treatment, destruction, reshipment or disposal of any plant or plant product; ( h ) prescribing the levels of any pesticide residue or toxic chemical residue in or on any plant or plant product; ( i ) providing for the control and eradication of pests and preventing their spread within Singapore; ( j ) prescribing the manner of entry upon any land and the conduct of any examination, inspection, detention, quarantine, treatment or destruction of any plant, plant product, pest, soil or any other article on the land; ( k ) prohibiting or restricting the introduction into Singapore of any plant, plant product, pest, soil or package or other thing which is likely to introduce pests into Singapore; ( l ) prohibiting or restricting the introduction into Singapore of any prohibited plant; ( m ) prescribing treatment for aircraft or any other conveyance arriving from overseas and the procedure to be adopted on their arrival so as to prevent the introduction of any pest into Singapore; ( n ) requiring every person arriving in Singapore from overseas to give a certificate declaring in any form that may be prescribed whether he or she has any plant, plant product, fungus, bacterium, virus or micro-organism or any insect, mite or other invertebrate animal or any soil in his or her possession; ( o ) providing for the inspection, observation, disinfection, treatment, destruction, reshipment or disposal of any plant introduced into Singapore and the progeny of any such plant or any soil, package or other thing; ( p ) providing for the control of plants kept or grown in isolation or under quarantine conditions; ( q ) prescribing the areas within Singapore where any plant, plant product, pest or package may be landed; ( r ) providing for the detention or the quarantine of any plant, plant product or package suspected of harbouring any pest and prescribing the treatment or the destruction thereof; ( s ) regulating the use of any pesticide in the cultivation of plants; ( t ) prescribing the qualifications and practical experience of a certified pesticide operator; ( u ) providing for matters relating to the registration, labelling, packing, use, storage, disposal and record keeping of any pesticide used in the cultivation of plants; ( v ) providing for the licensing, control, supervision and inspection of any land or premises on which any plant or plant product is grown, produced, processed, sold, stored or used, including prescribing the records that must be kept by a licensed grower or other licensee and the provision of returns and other information by licensed growers or other licensees to the Director‑General with respect to fresh fruits or vegetables which are the subject of the activity authorised by the licence; ( w ) providing for the registration, control and supervision of any accredited pest control agency; and ( x ) prescribing the forms, fees or registers for the purposes of this Act. [10/2019] (3) The Minister may, in any rules made under this Act, provide that any contravention of or failure to comply with any provision in the rules shall be an offence and may prescribe a penalty for any such offence of a fine not exceeding $10,000 or imprisonment for a term not exceeding 3 years or both.


document_id: cpa-2018
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “accredited external auditor” means any person accredited by the Agency as an accredited external auditor in accordance with regulations; “Agency” means the National Environment Agency established by the National Environment Agency Act 2002; “Appeal Panel” means an Appeal Panel mentioned in section 38; “appellant” means any person that makes an appeal under Part 6 against a decision of the Agency; “authorised officer” means an authorised officer appointed under section 6(2); “carbon credit” means a fixed-price carbon credit or an eligible international carbon credit; [Act 37 of 2022 wef 01/01/2024] “carbon dioxide equivalence”, in relation to any greenhouse gas, means the mass of the greenhouse gas multiplied by its global warming potential set out opposite the greenhouse gas in the third column of the First Schedule; “carbon price” means the value of a fixed-price carbon credit; [Act 37 of 2022 wef 01/01/2024] “electronic record” has the meaning given by the Electronic Transactions Act 2010; “electronic transactions service” means any electronic transactions service provided for in regulations; “eligible international carbon credit” has the meaning given by section 33A; [Act 37 of 2022 wef 01/01/2024] “emissions report” means an emissions report mentioned in section 11, and includes a verified emissions report; “excluded GHG emission” means any GHG emission that is — ( a ) a greenhouse gas specified in the first column of Part 3 of the Second Schedule; and ( b ) emitted in the circumstances described in the second column of Part 3 of that Schedule opposite the greenhouse gas; “first emissions threshold” means the first emissions threshold specified in Part 1 of the Second Schedule; “fixed-price carbon credit” means a carbon credit mentioned in section 26; [Act 37 of 2022 wef 01/01/2024] “fixed-price carbon credit registry account” or “FPCC registry account” means a registry account for a taxable facility of a registered person that is opened by the Agency in the Fixed‑Price Carbon Credits Registry under section 31; [Act 37 of 2022 wef 01/01/2024] “GHG emission”, in relation to any business facility, means any greenhouse gas emitted into the atmosphere directly from the business facility; “greenhouse gas” means any greenhouse gas specified in the first column of the First Schedule and having the chemical formula specified in the second column of that Schedule opposite the greenhouse gas; “international carbon credit” means a certificate representing one tonne of GHG emissions reductions or removals measured in tCO 2 e, generated from any project or programme outside Singapore; [Act 37 of 2022 wef 01/01/2024] “international carbon credit registry account” or “ICC registry account” means a registry account for a taxable facility of a registered person that is opened by the Agency in the International Carbon Credits Registry under section 33D; [Act 37 of 2022 wef 01/01/2024] “Minister” means — ( a ) except as provided in paragraph ( b ), the Minister charged with the responsibility for sustainability and the environment; and ( b ) for the purposes of Division 1A of Part 5, the Minister charged with the responsibility for trade and industry; [Act 37 of 2022 wef 01/01/2024] “monitoring plan” includes a monitoring plan that is revised under section 13(4), except in section 12(3)( a ); “non-reckonable GHG emission” means any GHG emission that is — ( a ) a greenhouse gas specified in the first column of Part 2 of the Second Schedule; and ( b ) emitted in the circumstances described in the second column of Part 2 of that Schedule opposite the greenhouse gas; “public authority” means — ( a ) an Organ of State or a public officer of the Organ of State; ( b ) a ministry or department of the Government or a public officer of the ministry or department; or ( c ) a public authority established under any public Act for a public purpose or an officer or an employee of the public authority; “reckonable GHG emission” means any GHG emission other than a non-reckonable GHG emission; “registered person” means a person registered under section 7; [ Deleted by Act 37 of 2022 wef 01/01/2024 ] “regulations” means regulations made under section 76; “reportable facility” means a business facility that is registered as a reportable facility under section 7; “reporting period” means any period mentioned in section 11 as a reporting period; “second emissions threshold” means the second emissions threshold specified in Part 1 of the Second Schedule; “tax” means the carbon tax imposed under this Act; “taxable facility” means a business facility that is registered as a taxable facility under section 7; “tCO 2 e” means metric tonnes of carbon dioxide equivalence; “verified emissions report” means an emissions report verified under section 12. (2) In this Act — ( a ) a reference to a business facility of a registered person is a reference to a business facility that is registered as a reportable facility or a taxable facility of the registered person, as the case may be; ( b ) a reference to a reportable facility of a registered person is a reference to a business facility that is registered as a reportable facility of the registered person; and ( c ) a reference to a taxable facility of a registered person is a reference to a business facility that is registered as a taxable facility of the registered person. (3) In this Act — ( a ) a reference to a verified emissions report that is inaccurate includes a reference to a verified emissions report that is based on a monitoring plan that is inaccurate; and ( b ) a reference to a monitoring plan that is inaccurate includes a reference to a monitoring plan that has not been revised under section 13(4) in the prescribed circumstances, as from any date as may be prescribed (not being a date earlier than the date of those prescribed circumstances).


document_id: cpa-2018
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “business facility”
content:
3. —(1) A business facility is a single site at which any business activity is carried out. (2) In this Act, “business activity” means any activity or series of activities (including ancillary activities) — ( a ) that involves the emission of greenhouse gas; and ( b ) that forms a single undertaking or enterprise, having regard to any circumstances prescribed. (3) For the purpose of subsection (1), where a business activity is a series of activities that is carried out at more than one parcel of land, the business activity is treated for the purposes of this Act as carried out at a single site if the same person has operational control over the business activity, and — ( a ) the parcels of land are contiguous, adjacent or adjoining, or separated only by any road or pathway (whether or not providing access to the business facility), or drain or waterway; or ( b ) where paragraph ( a ) does not apply, there is a dependency between the activities carried out on the parcels of land, having regard to any circumstances prescribed. (4) A series of activities may be treated as forming a single undertaking or enterprise for the purpose of subsection (2)( b ) even if — ( a ) any one of the activities in the series is, or any 2 or more activities in the series are, capable of being carried out as a separate and distinct business activity; or ( b ) the activities in the series are from more than one industry sector to which this Act applies. (5) To avoid doubt, there can be more than one business facility at any parcel of land for the purposes of this Act.


document_id: cpa-2018
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Meaning of “operational control”
content:
4. —(1) A person has operational control over a business facility if the person has the authority to introduce and implement, for the business activity carried out at the business facility (including a business activity that is carried out wholly or partly by a related party of the person), one or more of the following: ( a ) operating policies; ( b ) health and safety policies; ( c ) environmental policies. (2) Only one person can have operational control over a business facility at any one time. (3) If more than one person satisfies subsection (1) at any one time, then the person that has the greatest authority to introduce and implement the policies mentioned in that subsection is taken for the purposes of this Act, to have operational control over the business facility.


document_id: cpa-2018
provision_ref: s5
chapter: PART 2 - APPLICATION AND ADMINISTRATION
section: 5
title: Application of Act
content:
5. —(1) This Act applies only to industry sectors prescribed. (2) Except as provided in subsection (3), this Act binds the Government. (3) Nothing in this Act renders the Government liable to prosecution for an offence under this Act. (4) To avoid doubt, a person is not immune from prosecution for any offence under this Act by reason only that the person is engaged to provide services to or on behalf of the Government.


document_id: cpa-2018
provision_ref: s6
chapter: PART 2 - APPLICATION AND ADMINISTRATION
section: 6
title: Administration of Act
content:
6. —(1) The Agency is responsible for the administration and enforcement of this Act, subject to the general or special directions of the Minister. (2) The Agency may appoint, by name or office, any officer or employee of the Agency to be an authorised officer to carry out such function or duty, or exercise such power, conferred on an authorised officer under this Act, as the Agency may specify.


document_id: cpa-2018
provision_ref: s7
chapter: PART 3 - REGISTRATION OF PERSONS AND BUSINESS FACILITIES
section: 7
title:
Obligation to apply to register as registered person, and to register business facility as reportable facility and taxable facility

content:
7. —(1) Where the total amount of reckonable GHG emissions of a business facility has a carbon dioxide equivalence that attains the first emissions threshold (or higher) in any year (called in this Part a trigger year), then the person mentioned in subsection (1A) must apply to the Agency — ( a ) to be registered as a registered person; ( b ) to register the business facility as a reportable facility of the registered person; and ( c ) if the carbon dioxide equivalence of the total amount of reckonable GHG emissions from the business facility also attains the second emissions threshold (or higher) in the same trigger year, to register the business facility as a taxable facility of the registered person. [Act 37 of 2022 wef 01/01/2024] (1A) The person for the purpose of subsection (1) is the person having operational control over the business facility on 31 December of the trigger year. [Act 37 of 2022 wef 01/01/2024] (2) Subsection (1)( a ) does not apply if — ( a ) the person is already a registered person; or ( b ) the business facility will cease to be under the operational control of the person by the time the person must make the application under section 8. (3) Subsection (1)( b ) does not apply if the business facility is already registered as a reportable facility of the registered person. (4) Subsection (1)( c ) does not apply if the business facility is already registered as a taxable facility of the registered person. (5) Without affecting subsection (1), where — ( a ) a person ( X ) — (i) is a registered person of a business facility that is a reportable facility, or both a reportable facility and a taxable facility; or (ii) is not a registered person of a business facility but had operational control over the business facility on 31 December of a trigger year in relation to the business facility; and ( b ) X transfers operational control over the business facility to another person ( Y ), then Y must apply to the Agency — ( c ) to be registered as a registered person; and ( d ) to register the business facility as a reportable facility or as both a reportable facility and a taxable facility (as the case may be), of Y . [Act 37 of 2022 wef 01/01/2024] (6) Subsection (5)( c ) does not apply if Y is already a registered person. [Act 37 of 2022 wef 01/01/2024] (7) To avoid doubt, a business facility may be registered as a reportable facility, or both a reportable facility and a taxable facility, of more than one registered person. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s8
chapter: PART 3 - REGISTRATION OF PERSONS AND BUSINESS FACILITIES
section: 8
title: Applications for registration
content:
8. —(1) An application for a registration under section 7 must — ( a ) be made — (i) where section 7(1) applies — no later than 30 June of the year immediately after the trigger year; and (ii) in the case of an application by Y under section 7(5) — (A) if, in the year immediately before the year of the transfer, the total amount of reckonable GHG emissions from the business facility has a carbon dioxide equivalence that does not attain the second emissions threshold — no later than 30 June of the year immediately after the year of the transfer; (B) if — (BA) at the time X transfers operational control to Y , the business facility is not registered as a taxable facility of X ; and (BB) in the year immediately before the year of the transfer, the total amount of reckonable GHG emissions from the business facility has a carbon dioxide equivalence that attains the second emissions threshold (or higher), no later than the later of the following: (BC) 30 June of the year of the transfer; (BD) 30 days after the date of the transfer; and (C) if, at the time X transfers operational control to Y , the business facility is registered as a taxable facility of X — no later than 30 days after the date of the transfer; [Act 37 of 2022 wef 01/01/2024] ( b ) identify the person and the business facility in question; ( c ) contain any information prescribed by regulations for assessing applications made under this section, and any other information required by the Agency to assess the particular application; and ( d ) be in the form and manner required by the Agency. (2) Upon an application being made under this section, the Agency must register the person as a registered person, and the business facility as a reportable facility or taxable facility of the registered person (as the case may be), unless the application is incomplete or not made in accordance with subsection (1). (3) To avoid doubt, the Agency may treat an application to register a business facility as a taxable facility as also an application to register the business facility as a reportable facility, if the business facility is not already registered as a reportable facility. (4) A registration under this section is in force as follows: ( a ) subject to paragraph ( b ), starting on 1 January of the year immediately after the trigger year for the registration, until deregistration under section 10; ( b ) for a registration pursuant to section 7(5), starting on the date of the transfer of operational control, until deregistration under section 10. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s9
chapter: PART 3 - REGISTRATION OF PERSONS AND BUSINESS FACILITIES
section: 9
title:
Entitlement to apply to deregister as taxable facility, reportable facility, and as registered person, etc.

content:
9. —(1) A registered person may apply to the Agency to deregister a business facility as a taxable facility of the registered person if — ( a ) the registered person ceases to have operational control over the business facility; ( aa ) the registered person has operational control over the business facility but has ceased to operate the business facility and has no intention of resuming its business activity within the next 36 months after such cessation; [Act 37 of 2022 wef 01/01/2024] ( b ) the total amount of reckonable GHG emissions from the business facility has a carbon dioxide equivalence that does not attain the second emissions threshold for each of 3 consecutive years; or ( c ) where any modification (including by way of additions and removals) to any work process at the business facility, or to any building or infrastructure of the business facility, is completed and — (i) the total amount of reckonable GHG emissions from the business facility in the year in which the modification is completed has a carbon dioxide equivalence that does not attain the second emissions threshold; and (ii) the total amount of reckonable GHG emissions from the business facility has a carbon dioxide equivalence that is unlikely to attain the second emissions threshold in each of the 2 consecutive years immediately following. (2) Without affecting subsection (1)( a ), a registered person must give the Agency advance written notice of the date that the operational control that the person has over the business facility is to cease, at least 45 days before that date. (3) A registered person may apply to the Agency to deregister a business facility as a reportable facility of the registered person if — ( a ) the registered person ceases to have operational control over the business facility; ( aa ) the registered person has operational control over the business facility but has ceased to operate the business facility and has no intention of resuming its business activity within the next 36 months after such cessation; [Act 37 of 2022 wef 01/01/2024] ( b ) the total amount of reckonable GHG emissions from the business facility has a carbon dioxide equivalence that does not attain the first emissions threshold for each of 3 consecutive years; or ( c ) where any modification (including by way of additions and removals) to any work process at the business facility, or to any building or infrastructure of the business facility, is completed and — (i) the total amount of reckonable GHG emissions from the business facility in the year in which the modification is completed has a carbon dioxide equivalence that does not attain the first emissions threshold; and (ii) the total amount of reckonable GHG emissions from the business facility has a carbon dioxide equivalence that is unlikely to attain the first emissions threshold in each of the 2 consecutive years immediately following. (4) A registered person may apply to the Agency to deregister as such if there is no longer any business facility registered as a reportable facility of the registered person. (5) The Agency may, on its own volition, deregister any registered person as such, and any business facility registered as a reportable facility or taxable facility of the person as such, if the Agency is satisfied that the person has been wound up or dissolved or has otherwise ceased to exist. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s10
chapter: PART 3 - REGISTRATION OF PERSONS AND BUSINESS FACILITIES
section: 10
title: Applications to deregister
content:
10. —(1) An application for deregistration under section 9 must — ( a ) identify the registered person and the business facility in question; ( b ) contain any information prescribed by regulations for assessing applications made under this section, and any other information required by the Agency to assess the particular application; and ( c ) be in the form and manner required by the Agency. (2) The Agency may refuse to accept any application that is incomplete or not made in accordance with subsection (1). (3) To avoid doubt, a deregistration of a business facility as a taxable facility or reportable facility of a registered person does not affect any obligation or liability that the registered person acquired or incurred, or that accrued to the registered person, under this Act in relation to the taxable facility or reportable facility (as the case may be) before the deregistration as such. (4) Except where section 9(5) applies, the Agency must not deregister a registered person as such if the registered person has not discharged all obligations and liabilities under this Act (whether under Part 4 or 5 or otherwise) that the person acquired or incurred, or that accrued to the person, in relation to a taxable facility or reportable facility of the person as a registered person. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s11
chapter: PART 4 - GHG EMISSIONS REPORTING REQUIREMENTS
section: 11
title: Emissions reports
content:
11. —(1) Where a registered person has for any part of a year operational control over a business facility that is a reportable facility of the registered person, the registered person must submit to the Agency for the Agency’s approval, an emissions report for that business facility for that year (year R ). [Act 37 of 2022 wef 01/01/2024] (2) The emissions report must set out the GHG emissions (other than excluded GHG emissions) of the business facility for the reporting period for year R . [Act 37 of 2022 wef 01/01/2024] (2A) For the purposes of subsection (2), the reporting period for year R is the whole or the part of year R (as the case may be) for which the business facility is under the operational control of the registered person. [Act 37 of 2022 wef 01/01/2024] (2B) To avoid doubt, where operational control over a business facility is transferred one or more times in a year, there is for that year a reporting period for the business facility as a reportable facility of each registered person having operational control over the business facility in that year. [Act 37 of 2022 wef 01/01/2024] (2C) Where operational control over a business facility is transferred to a person ( Y ) in any year, Y may, with the approval of the Agency, treat the reporting period for that year for the business facility as a reportable facility of Y , as including the reporting period or reporting periods for that year for the business facility as a reportable facility of one or more persons having operational control over the business facility before Y (each X ) in that year. [Act 37 of 2022 wef 01/01/2024] (2D) Where the Agency has approved the treatment mentioned in subsection (2C), subsection (1) applies to Y instead of X in relation to any reporting period treated as the reporting period for the year for the business facility as a reportable facility of Y . [Act 37 of 2022 wef 01/01/2024] (3) To avoid doubt, the obligation to submit an emissions report in accordance with this Part arises at the end of the reporting period for which the emissions report must be submitted.


document_id: cpa-2018
provision_ref: s12
chapter: PART 4 - GHG EMISSIONS REPORTING REQUIREMENTS
section: 12
title: Emissions reports required to be verified
content:
12. —(1) Subject to subsection (3), where the business facility is a taxable facility of a registered person, an emissions report mentioned in section 11 for the business facility must — ( a ) be prepared based on a monitoring plan specified in section 13(1); ( b ) subject to subsection (2), be verified by an accredited external auditor; and ( c ) when the emissions report is submitted under section 11 to the Agency for the Agency’s approval, be accompanied by a report by the accredited external auditor of its verification. (2) The emissions report in subsection (1) need not be verified by the accredited external auditor insofar as it relates to any non‑reckonable GHG emission of the business facility. (3) The emissions report in subsection (1) need not be verified insofar as it relates to any reporting period, or any part of a reporting period, that falls — ( a ) before the approval of the Agency under section 13 for the monitoring plan; or ( b ) after the deregistration of the business facility as a taxable facility of the registered person.


document_id: cpa-2018
provision_ref: s13
chapter: PART 4 - GHG EMISSIONS REPORTING REQUIREMENTS
section: 13
title: Monitoring plans
content:
13. —(1) For the purpose of section 12(1)( a ), the monitoring plan for a business facility that is a taxable facility of a registered person must — ( a ) set out the basis on which the registered person ensures the quality of the data required for the computations necessary for an emissions report for the business facility; and ( b ) be submitted to and approved by the Agency. (2) Before granting an approval under subsection (1)( b ), the Agency may, in any of the following circumstances, in writing direct the registered person to have its monitoring plan first assessed by an external auditor: ( a ) the Agency considers that specialised technical knowledge is required to assess any process at the business facility; ( b ) the Agency disagrees with the registered person on any matter set out in the monitoring plan, and the registered person must comply with the direction. (3) Where subsection (2) applies, the registered person must submit to the Agency, within the time specified in the direction under that subsection, the report by the external auditor containing the external auditor’s assessment. (4) The registered person must, in the prescribed circumstances, revise a monitoring plan approved by the Agency. (5) Where the Agency approves any monitoring plan (including one rectified or recomputed under section 14(1) or 15(2)), the Agency must specify the date (whether a date before, on or after the date on which the approval is actually granted) from which the monitoring plan has effect for the purposes of section 12(1)( a ). (5A) Where the circumstances described in section 7(5) apply and X has a monitoring plan for the business facility as a taxable facility of X that is approved by the Agency under this section — ( a ) the Agency must provide Y with the monitoring plan; and ( b ) the monitoring plan — (i) is treated for the purposes of subsection (1) as if it had been submitted to the Agency and approved by the Agency as a monitoring plan for the business facility as a taxable facility of Y , from and including the date of the transfer of operational control over the business facility from X to Y ; and (ii) is treated for the purposes of section 15 as if it had been prepared by Y . [Act 37 of 2022 wef 01/01/2024] (5B) Nothing in subsection (5A) prevents the monitoring plan (as on the day immediately before the date of the transfer of operational control) from continuing to be a monitoring plan for the business facility as a taxable facility of X for the purpose of X complying with any of X ’s obligations under this section and sections 12, 14 and 15. [Act 37 of 2022 wef 01/01/2024] (6) Any approval or deemed approval under this section for a monitoring plan for a taxable facility of a registered person ceases to be valid in relation to that registered person with effect from the deregistration of that taxable facility as such. [Act 37 of 2022 wef 01/01/2024] Division 2 &#x2014; Inaccurate, etc., emissions reports and
monitoring plans, etc.


document_id: cpa-2018
provision_ref: s14
chapter: PART 4 - GHG EMISSIONS REPORTING REQUIREMENTS
section: 14
title: Inaccuracies, etc., in emissions reports and monitoring plans, etc., identified by Agency
content:
14. —(1) The Agency may, in respect of any incomplete or inaccurate emissions report or monitoring plan, in writing direct the registered person to do all of the following, within the time period specified in the direction or a longer time as the Agency may allow in any particular case: ( a ) carry out any rectification or recomputation as the Agency may require; ( b ) resubmit the report or plan for the Agency’s approval, and the registered person must comply with the direction. (2) The Agency may, in respect of — ( a ) any verification of an emissions report by an accredited external auditor; or ( b ) any report by an accredited external auditor of a verification in paragraph ( a ), that does not comply with any requirement imposed under this Act, in writing direct the registered person submitting the emissions report to have the emissions report re‑verified by the accredited external auditor or the report of the accredited external auditor rectified, or both, within the time period specified in the direction or a longer time as the Agency may allow in any particular case; and the registered person must comply with the direction. (3) The Agency may, in respect of — ( a ) any assessment of a monitoring plan by an external auditor; or ( b ) any report by an external auditor of an assessment in paragraph ( a ), that does not comply with any requirement imposed under this Act, in writing direct the registered person submitting the monitoring plan to have the monitoring plan re‑assessed or the report of the external auditor rectified, or both, within the time period specified in the direction or a longer time as the Agency may allow in any particular case; and the registered person must comply with the direction.


document_id: cpa-2018
provision_ref: s15
chapter: PART 4 - GHG EMISSIONS REPORTING REQUIREMENTS
section: 15
title: Inaccuracies, etc., in emissions reports and monitoring plans identified by registered person
content:
15. —(1) Where a registered person discovers any error or omission in any emissions report or monitoring plan prepared by the registered person (whether or not already approved by the Agency), the registered person must notify the Agency of the error or omission within 7 working days after the discovery and provide the following in the notification: ( a ) a description of — (i) the error or omission, and the correction that is to be made or, where applicable, that has been made; and (ii) the circumstances that led to the error or omission; ( b ) where applicable, the GHG emissions of the business facility of the registered person to which the emissions report relates, and their respective amounts, represented by the error or omission. (2) Upon receipt of a notification under subsection (1), the Agency may in writing direct the registered person to resubmit for the Agency’s approval, within the period specified in the direction or a longer time as the Agency may allow in any particular case, a rectified or recomputed emissions report or monitoring plan that incorporates corrections specified by the Agency in the direction; and the registered person must comply with the direction. (3) The Agency may, in the direction under subsection (2), also require, as the case may be — ( a ) the rectified or recomputed emissions report to be verified by an accredited external auditor; or ( b ) the rectified or recomputed monitoring plan to be assessed by an external auditor, and for the registered person to submit a report of the verification by the accredited external auditor, or the assessment by the external auditor to the Agency, together with the rectified or recomputed emissions report or monitoring plan.


document_id: cpa-2018
provision_ref: s16
chapter: PART 5 - CARBON PRICING
section: 16
title: Carbon tax
content:
16. —(1) A tax, called the carbon tax, is charged on the total amount of reckonable GHG emissions in any year (called in this Act an emissions year) of a business facility that is a taxable facility of any registered person in that year. [Act 37 of 2022 wef 01/01/2024] (1A) For the purpose of subsection (1), the total amount of reckonable GHG emissions of the business facility is as set out in the emissions report or the part of the emissions report for the reporting period, or the emissions reports or the parts of the emissions reports for the reporting periods, for that year for the business facility, that is or are verified under section 12 and approved by the Agency. [Act 37 of 2022 wef 01/01/2024] (2) Subsection (1) does not apply if the total amount of the reckonable GHG emissions in that emissions year does not attain the second emissions threshold. [Act 37 of 2022 wef 01/01/2024] (3) The amount of the tax charged under subsection (1) is calculated based on the formula A &#215; B, where — ( a ) A is the carbon dioxide equivalence of the total amount of the reckonable GHG emissions mentioned in subsection (1), rounded up to the nearest metric tonne; and ( b ) B is the carbon tax rate specified in Part 1 of the Third Schedule. (4) The tax charged under subsection (1) accrues as a liability of the registered person having operational control over the taxable facility at the end of the reporting period or (if there is more than one) the last reporting period for the emissions year, and must be paid by the registered person in accordance with this Part. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s17
chapter: PART 5 - CARBON PRICING
section: 17
title: Payment of tax and penalty
content:
17. —(1) The tax for an emissions year must be paid — ( a ) against an assessment pursuant to section 21(1) or (2), by the later of — (i) 30 September of the year immediately following the emissions year; or [Act 37 of 2022 wef 01/01/2024] (ii) 30 days after the date of service on the registered person of the notice of assessment; and ( b ) against any other assessment, within 30 days after the date of service on the registered person of the notice of assessment. [Act 37 of 2022 wef 01/01/2024] (2) The payment under subsection (1) must be made — ( a ) subject to subsection (3A), by the surrender of fixed‑price carbon credits; or [Act 37 of 2022 wef 01/01/2024] ( b ) if, at the time of payment, the FPCC registry account for the taxable facility in relation to which the tax is charged is suspended or closed, in the form and manner required by the Agency. [Act 37 of 2022 wef 01/01/2024] (3) Subject to subsection (3A), the number of fixed‑price carbon credits that must be surrendered under subsection (2)( a ) is the number assessed by the Agency to have a total carbon price equal to the amount of tax charged. [Act 37 of 2022 wef 01/01/2024] (3A) Despite subsections (2)( a ) and (3) and subject to section 33B, one eligible international carbon credit may be surrendered in place of one fixed-price carbon credit, in respect of such tax for such emissions year as may be prescribed. [Act 37 of 2022 wef 01/01/2024] (3B) Where any tax is required to be paid pursuant to a revision of an assessment under section 23 — ( a ) the number of fixed-price carbon credits (at the carbon price applicable to the year in which they are to be purchased for the payment) that must be surrendered under subsection (2)( a ) is the number assessed by the Agency to have a total carbon price equal to the amount of the tax, rounded down to the nearest whole number of such fixed‑price carbon credits; and ( b ) subsection (3A) does not apply except in the circumstances and to the extent prescribed. [Act 37 of 2022 wef 01/01/2024] (4) If a registered person fails to make full payment of the tax in accordance with subsection (2) within the time specified under subsection (1) — ( a ) a financial penalty of 5% of the amount of tax assessed and remaining unpaid, is payable in addition to the tax that remains unpaid; ( b ) the Agency must serve a demand note on the registered person and if payment is not made within 30 days after the date of the service of the demand note, the Agency may proceed to enforce payment of the tax and penalty under this Act; and ( c ) despite paragraphs ( a ) and ( b ), if the amount of tax remaining unpaid is not paid within 60 days after the imposition of the financial penalty under paragraph ( a ), an additional financial penalty of 1% of the amount of tax remaining unpaid is payable for each completed month that the tax remains unpaid, but not exceeding triple the amount of tax remaining unpaid in total. (5) The amount of tax remaining unpaid and any financial penalty must be paid to the Agency in the form and manner required by the Agency.


document_id: cpa-2018
provision_ref: s18
chapter: PART 5 - CARBON PRICING
section: 18
title: Relief or remission from tax or penalty
content:
18. —(1) The Agency may, if the Agency thinks that it is just and equitable to do so, and upon such conditions as the Agency may impose, give to any registered person any relief or remission from — ( a ) the tax or any part of the tax to which the registered person has been assessed to be liable; or ( b ) any financial penalty or part of any financial penalty to which the registered person is liable under section 17(4). (2) The Minister may, upon such conditions as the Minister may impose, give to any registered person any relief or remission from — ( a ) the tax or any part of the tax to which the registered person has been assessed to be liable; or ( b ) any financial penalty or part of any financial penalty to which the registered person is liable under section 17(4).


document_id: cpa-2018
provision_ref: s19
chapter: PART 5 - CARBON PRICING
section: 19
title: Refund of tax, etc.
content:
19. —(1) Where — ( a ) a registered person has surrendered fixed‑price carbon credits, or both fixed‑price carbon credits and eligible international carbon credits, for any tax charged in relation to a taxable facility of the registered person; and [Act 37 of 2022 wef 01/01/2024] ( b ) the tax charged is reduced as a result of — (i) any relief or remission given to a registered person under section 18; or (ii) any revision under section 23 to an assessment of tax, the registered person may apply to the Agency for a refund of the amount of tax so reduced. (2) For the purpose of subsection (1), if — ( a ) the registered person continues to hold an FPCC registry account for the taxable facility; and [Act 37 of 2022 wef 01/01/2024] ( b ) the revision was to correct an error that was not on the part of the Agency, then, the Agency must effect the refund by crediting the FPCC registry account for the taxable facility with the number of fixed‑price carbon credits with a total carbon price equal to the amount of tax so reduced. [Act 37 of 2022 wef 01/01/2024] (2A) To avoid doubt, the fixed-price carbon credits refunded under subsection (2) must be at the carbon price applicable for the purchase of fixed‑price carbon credits in the year in which the refund is made. [Act 37 of 2022 wef 01/01/2024] (2B) Where the amount of the refund results in there being a fraction of a fixed‑price carbon credit mentioned in subsection (2A), the resulting number of fixed‑price carbon credits is to be rounded down to the nearest whole number of such fixed‑price carbon credits. [Act 37 of 2022 wef 01/01/2024] (2C) No claim may be brought against the Government or the Agency for any value represented by the fraction of a fixed‑price carbon credit mentioned in subsection (2B). [Act 37 of 2022 wef 01/01/2024] (3) An application under subsection (1) must be made within 4 years after the date on which the relief or remission is given, or the revision is made, as the case may be. (4) Where any refund has been erroneously made or any fixed‑price carbon credit erroneously credited pursuant to subsection (1) or (2), the registered person refunded or whose FPCC registry account was credited with the fixed‑price carbon credit must pay to the Agency an amount equal to the amount of the erroneous refund or the carbon price of the fixed‑price carbon credit erroneously credited, upon demand being made by the Agency within 4 years after the date of the erroneous refund or credit. [Act 37 of 2022 wef 01/01/2024] (5) Nothing in this section operates to extend any time limit for an appeal or to validate any objection or appeal that is otherwise invalid, or to authorise the revision of any assessment or other matter that has become final and conclusive.


document_id: cpa-2018
provision_ref: s20
chapter: PART 5 - CARBON PRICING
section: 20
title: Recovery of tax and penalty, etc.
content:
20. —(1) Despite the provisions of any other written law — ( a ) any tax remaining unpaid; ( b ) any financial penalty imposed under section 17(4); ( c ) any amount demanded under section 17(4) that is not paid within the time specified in the demand; and ( d ) any amount of refund erroneously made or any amount equal to the carbon price of any fixed‑price carbon credit erroneously credited, mentioned in section 19, is recoverable as a debt due to the Government and the Agency may, in the name of the Agency, sue for such tax, financial penalty or amount. [Act 37 of 2022 wef 01/01/2024] (2) For the purposes of section 33(2) of the Limitation Act 1959, any financial penalty imposed under section 17(4) is treated as interest on tax. (3) To avoid doubt, section 6(4) of the Limitation Act 1959 does not apply to any financial penalty imposed under section 17(4). Division 1A &#x2014; Allowances [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s20A
chapter: PART 5 - CARBON PRICING
section: 20A
title: Interpretation of this Division
content:
20A. —(1) In this Division — “allowance”, in relation to a taxable facility that is eligible for an allowance for an emissions year, means the amount by which the total amount of reckonable GHG emissions of the taxable facility in the emissions year may be reduced for the purpose only of determining the amount of the tax chargeable for the emissions year, in accordance with an award of allowances given by the Minister under section 20E; “public body” and “responsible Minister”, in relation to a public body, have the meanings given by section 2(1) of the Public Sector (Governance) Act 2018. [Act 37 of 2022 wef 01/01/2024] (2) In this Division, a person is from the public sector if the person is a public officer or an employee of a public body. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s20B
chapter: PART 5 - CARBON PRICING
section: 20B
title: Application of this Division
content:
20B. This Division applies in relation to any emissions year in the period from and including 1 January 2024 up to and including such date as the Minister may prescribe under section 20F. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s20C
chapter: PART 5 - CARBON PRICING
section: 20C
title: Reduction of reckonable GHG emissions chargeable to tax
content:
20C. Despite section 16(3), where a taxable facility is eligible for any allowance for any emissions year, the amount of the tax chargeable under section 16(1) for that emissions year is calculated based on the formula (A – C) &#215; B, where — ( a ) A and B have the meanings given by section 16(3)( a ) and ( b ), respectively; ( b ) C is the allowance for the taxable facility for the emissions year; and ( c ) (A – C) is rounded up to the nearest metric tonne. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s20D
chapter: PART 5 - CARBON PRICING
section: 20D
title: Taxable facilities eligible for allowances
content:
20D. —(1) A taxable facility of a registered person is eligible for allowances if — ( a ) the registered person is in the business of making exports or making supplies to another person who is in the business of making exports, and the taxable facility is used in connection with that business of the registered person; and ( b ) the Minister determines that that business of the registered person is of sufficient economic or strategic importance to the growth, expansion, development or wellbeing of the Singapore economy, to justify an award of allowances for the taxable facility. [Act 37 of 2022 wef 01/01/2024] (2) The Minister must notify the registered person of a taxable facility that is eligible for allowances of that fact, and grant the registered person an award of allowances for the taxable facility. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s20E
chapter: PART 5 - CARBON PRICING
section: 20E
title: Awards of allowances
content:
20E. —(1) The Minister must, in an award of allowances for any taxable facility, specify — ( a ) the emissions years in respect of which the taxable facility is entitled to allowances; and ( b ) the methodology by which the amount of allowance for each such emissions year is to be calculated. [Act 37 of 2022 wef 01/01/2024] (2) In devising the methodology for any emissions year, the Minister may — ( a ) adopt or take into consideration any or any combination of the following sub-paragraphs (including any part thereof): (i) the whole or any part (with or without modification) of any matter relevant to GHG emissions or intensity, or energy use or efficiency, including any internationally‑recognised benchmark; (ii) any other matter that the Minister considers appropriate for the purpose of incentivising the continued reduction in the GHG emissions of the taxable facility; and ( b ) provide for a maximum amount of allowance for any emissions year, determined — (i) by prescribing that the tax chargeable for an emissions year (calculated based on the formula (A – C) &#215; B in section 20C) must not, when divided by A for that emissions year, result in an amount that is less than the amount specified by the Minister in the award for this purpose; or (ii) in any other manner that the Minister considers appropriate to incentivise the continued reduction in GHG emissions of the taxable facility. [Act 37 of 2022 wef 01/01/2024] (3) For the purposes of subsection (2), the Minister may devise different methodologies for — ( a ) different taxable facilities; ( b ) different classes of taxable facilities; ( c ) different emissions years (including with respect to the same taxable facility); or ( d ) different circumstances. [Act 37 of 2022 wef 01/01/2024] (4) The Minister may at any time, in respect of any emissions year for which a taxable facility is entitled to an allowance under an award of allowances, amend the award of allowances by — ( a ) modifying the methodology specified for the emissions year; or ( b ) substituting some other methodology for the emissions year, in any circumstances that the Minister thinks appropriate, including where the original methodology ceases to be internationally‑recognised, or ceases to be valid or applicable, or ceases to have or is reduced in its relevance, in relation to the registered person or the business for which the taxable facility is used. [Act 37 of 2022 wef 01/01/2024] (5) The modified or substituted methodology must not be applied in respect of any emissions year for which the Agency has made an assessment of tax under Division 2 of Part 5, but may be so applied if the assessment is being revised under section 23. [Act 37 of 2022 wef 01/01/2024] (6) The Minister must, in respect of each emissions year mentioned in subsection (1)( a ), determine the amount of the allowance for that emissions year in accordance with the methodology mentioned in subsection (1)( b ) for that emissions year. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s20F
chapter: PART 5 - CARBON PRICING
section: 20F
title: Regulations
content:
20F. The Minister may make regulations for any matter that is necessary, required or permitted to be prescribed to give effect to this Division, and the regulations may make different provisions for — ( a ) different persons or business facilities; ( b ) different classes of persons or business facilities; ( c ) different emissions years (including with respect to the same taxable facility); or ( d ) different circumstances. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s20G
chapter: PART 5 - CARBON PRICING
section: 20G
title: Assignment of function or power to public body
content:
20G. —(1) The Minister may assign any of his or her functions and powers under this Division to any public body. [Act 37 of 2022 wef 01/01/2024] (2) Where the public body is not one for which the Minister is the responsible Minister, the Minister must consult the responsible Minister for the public body on the assignment. [Act 37 of 2022 wef 01/01/2024] (3) An assignment under this section — ( a ) must be made by order in the Gazette ; ( b ) may be general or limited; ( c ) may be subject to conditions that are consistent with the nature of the assigned function or power; ( d ) may be to 2 or more public bodies at the same time; and ( e ) does not prevent the Minister from carrying out or exercising the assigned function or power. [Act 37 of 2022 wef 01/01/2024] (4) Upon an assignment being made under this section — ( a ) the public body, when carrying out the function or exercising the power assigned to it, is treated as carrying out a function or exercising a power conferred on the public body under the Act that establishes it; and ( b ) the public body must carry out the function or exercise the power assigned to it in accordance with any directions given by the Minister. [Act 37 of 2022 wef 01/01/2024] (5) A member of the public body who is not from the public sector must not be involved in the carrying out of a function or the exercise of a power assigned to the public body. [Act 37 of 2022 wef 01/01/2024] (6) The public body must not delegate a function or power assigned to it, to any of its members, or to any other person, who is not from the public sector. [Act 37 of 2022 wef 01/01/2024] (7) Without affecting any obligation as to secrecy or other restriction against the disclosure of information imposed by any law or contract — ( a ) a member of the public body who is from the public sector; or ( b ) a person who has been delegated a function or power assigned to the public body, that receives or obtains any information for the purposes of this Division, must not disclose or provide access to such information to a member of the public body, or any other person, who is not from the public sector. [Act 37 of 2022 wef 01/01/2024] (8) Subsection (7) does not apply to the following information: ( a ) information the disclosure of which has been approved by the Minister; ( b ) information relating to a person — (i) for which consent for disclosure has been obtained from the person; or (ii) that is already in the possession of the public body; ( c ) information that is publicly available. [Act 37 of 2022 wef 01/01/2024] (9) The public body may carry out a function or exercise a power assigned to it despite the absence of a quorum at any meeting of the public body because of subsection (5) or (7), and the absence of a quorum does not affect the validity of anything done by the public body at the meeting. [Act 37 of 2022 wef 01/01/2024] (10) This section does not permit the assignment of — ( a ) any power to make subsidiary legislation; and ( b ) the power of assignment in this section. [Act 37 of 2022 wef 01/01/2024] Division 2 &#x2014; Assessments of tax


document_id: cpa-2018
provision_ref: s21
chapter: PART 5 - CARBON PRICING
section: 21
title: Assessments by Agency
content:
21. —(1) Upon approving a verified emissions report for a reporting period, or the verified emissions reports for the reporting periods, for an emissions year for a taxable facility, the Agency must assess — ( a ) the tax charged under section 16(1) for the emissions year; and [Act 37 of 2022 wef 01/01/2024] ( b ) the number of carbon credits that the registered person must surrender to pay the tax. [Act 37 of 2022 wef 01/01/2024] (2) Where the Agency is of the opinion that a registered person is liable to pay the tax for an emissions year and — ( a ) any verified emissions report for a reporting period for the emissions year has not been submitted for the Agency’s approval as required by section 11(1); or ( b ) any such verified emissions report submitted is incomplete or inaccurate such that, or for any other reason, the Agency is unable to approve the same before 15 August of the year immediately following the emissions year, the Agency may, to the best of the Agency’s judgment, assess the matters in subsection (1). [Act 37 of 2022 wef 01/01/2024] (3) In making an assessment under subsection (2), the Agency may have regard to any verified emissions report (whether or not approved by the Agency) previously submitted to the Agency for the business facility to which the tax relates, and if there is no such verified emissions report, the Agency may have regard to — ( a ) emissions reports submitted for the business facility as a reportable facility; ( b ) energy use reports submitted under the Energy Conservation Act 2012 for the business facility; or ( c ) any other document which may assist the Agency in determining or estimating the total amount of reckonable GHG emissions of the business facility as a taxable facility for the emissions year in question. [Act 37 of 2022 wef 01/01/2024] (4) An assessment under subsection (2) does not affect any liability of any registered person under this Act in relation to the registered person’s failure to submit a verified emissions report or a registered person’s submission of a verified emissions report that is incomplete or inaccurate. [Act 37 of 2022 wef 01/01/2024] (5) Upon making an assessment under subsection (1) or (2), the Agency must serve a notice of assessment on the registered person liable to pay the tax that sets out the matters in subsection (1). [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s22
chapter: PART 5 - CARBON PRICING
section: 22
title: Advance assessments
content:
22. —(1) Despite section 21, where the Agency is notified that a registered person will cease, or is otherwise of the opinion that a registered person has ceased or is likely to cease, to have operational control over a taxable facility, the Agency may, to the best of the Agency’s judgment, assess the matters mentioned in section 21(1) for the taxable facility in relation to any emissions year for which the Agency has not issued an assessment under section 21(1) or (2) for the taxable facility. [Act 37 of 2022 wef 01/01/2024] (2) In making an assessment under subsection (1), the Agency may have regard to any verified emissions report (whether or not approved by the Agency) previously submitted to the Agency for the taxable facility. (3) Where, in relation to a business facility that is a taxable facility, no verified emissions report for the business facility as a taxable facility is available for the purpose of subsection (2), the Agency may have regard to — ( a ) emissions reports submitted for the business facility as a reportable facility; ( b ) energy use reports submitted under the Energy Conservation Act 2012 for the business facility; or ( c ) any other document which may assist the Agency in determining or estimating the total amount of reckonable GHG emissions of the business facility as a taxable facility for the emissions year in question. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s23
chapter: PART 5 - CARBON PRICING
section: 23
title: Revision of assessments
content:
23. —(1) The Agency may revise any assessment (whether made under section 21 or 22 and whether revised previously under this section) if — ( a ) the Agency is of the opinion that the assessment is no longer accurate, including — (i) where the Agency approves a verified emissions report after an assessment under section 21(2); or (ii) where the Agency approves any change to an approved verified emissions report on which the assessment was based; or ( b ) the registered person on whom the notice of assessment has been served raises any objection to the assessment, and, upon consideration of such objection, the Agency agrees with the objection. (1A) Despite subsection (1)( b ), a registered person may not raise any objection to an assessment in respect of any amount of allowance (as defined in section 20A) included in the notice of assessment for the registered person. [Act 37 of 2022 wef 01/01/2024] (2) A revision under subsection (1)( a ) must be made within 4 years after the date of the service of the notice of assessment for the assessment sought to be revised. (3) For the purpose of subsection (1)( b ), the registered person must submit a written notice of objection to the Agency — ( a ) within 30 days after the date of the service of the notice of assessment for the assessment sought to be revised; and ( b ) stating precisely the grounds of objections. (4) If the Agency is satisfied that there is any good reason to do so, the Agency may extend the period mentioned in subsection (3)( a ). (5) For the purpose of considering any notice of objection, the Agency may — ( a ) require the registered person that gave the notice — (i) to provide such particulars as the Agency may consider necessary with respect to the GHG emissions of the taxable facility in question; and (ii) to produce all books or other documents in its custody relating to such GHG emissions; and ( b ) summon any person that the Agency thinks is able to give evidence respecting the assessment to attend before the Agency or any authorised officer, who may examine the person on oath or otherwise. (6) If the Agency refuses to revise an assessment pursuant to subsection (1)( b ), the Agency must serve on the registered person a notice of refusal to revise the assessment. (7) Upon revising an assessment under subsection (1), the Agency must serve on the registered person a notice of assessment for the assessment as revised, for the matters mentioned in section 21(1).


document_id: cpa-2018
provision_ref: s24
chapter: PART 5 - CARBON PRICING
section: 24
title: Waiver of small assessments
content:
24. Where it appears to the Agency that the amount of any tax or additional tax for any emissions year in relation to a taxable facility does not exceed an amount that is 5 times the carbon price applicable for the purchase of fixed-price carbon credits in the year immediately after the emissions year, or any higher amount as may be prescribed in substitution, the Agency may waive the assessment of such tax. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s25
chapter: PART 5 - CARBON PRICING
section: 25
title: Mistakes in assessment
content:
25. If the provisions of this Act are in substance and effect complied with, no assessment, charge or demand for any tax is to be quashed or affected by reason of any mistake in — ( a ) the name of any registered person liable to pay the tax; or ( b ) the amount of tax assessed as charged. Division 3 &#x2014; Fixed-price carbon credits [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s26
chapter: PART 5 - CARBON PRICING
section: 26
title: Fixed-price carbon credits
content:
26. —(1) The carbon price of a fixed‑price carbon credit is specified in Part 2 of the Third Schedule. [Act 37 of 2022 wef 01/01/2024] (2) Except as permitted under this Act, a fixed‑price carbon credit cannot be sold, transferred, assigned or otherwise disposed of or dealt with. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s27
chapter: PART 5 - CARBON PRICING
section: 27
title: Crediting of fixed-price carbon credits
content:
27. —(1) Subject to section 32, the Agency must credit into the FPCC registry account for a taxable facility of a registered person, any number of fixed‑price carbon credits that the registered person applies and pays for, in relation to that FPCC registry account. [Act 37 of 2022 wef 01/01/2024] (2) A registered person may apply to the Agency to transfer any fixed‑price carbon credit from an FPCC registry account for any of its taxable facilities to the FPCC registry account for any of its other taxable facilities. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s28
chapter: PART 5 - CARBON PRICING
section: 28
title: Surrender of fixed-price carbon credits
content:
28. —(1) Subject to section 32, a registered person may surrender one or more fixed‑price carbon credits in the FPCC registry account for a taxable facility of the registered person, in payment of the tax payable by the registered person in relation to the taxable facility. [Act 37 of 2022 wef 01/01/2024] (2) The Agency must, in respect of every fixed‑price carbon credit surrendered under subsection (1), remove the fixed‑price carbon credit from the FPCC registry account, and the registered person is treated as having paid the tax in relation to the taxable facility, to the extent of the total carbon price of the fixed‑price carbon credits so surrendered and removed. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s29
chapter: PART 5 - CARBON PRICING
section: 29
title: Cancellation of fixed-price carbon credits
content:
29. —(1) Where — ( a ) a registered person has failed to pay any tax in accordance with section 17 in relation to any taxable facility of the registered person; and ( b ) the registered person has any fixed‑price carbon credit in the FPCC registry account for that taxable facility, the Agency may cancel the fixed‑price carbon credit and remove it from the FPCC registry account, and the registered person is treated as having paid the tax in relation to the taxable facility to the extent of the carbon price of the fixed‑price carbon credit so cancelled and removed. [Act 37 of 2022 wef 01/01/2024] (2) Where any fixed‑price carbon credit in an FPCC registry account for a taxable facility of a registered person has been obtained by the registered person through fraud or any other unlawful means, the Agency may cancel the fixed‑price carbon credit and remove it from the FPCC registry account. [Act 37 of 2022 wef 01/01/2024] (3) A registered person that has any fixed‑price carbon credit cancelled and removed under subsection (2) — ( a ) is not treated as having paid any tax in relation to the taxable facility to which the FPCC registry account relates, to the extent of the carbon price of the fixed‑price carbon credit; and [Act 37 of 2022 wef 01/01/2024] ( b ) is not entitled to any refund on the fixed‑price carbon credit. [Act 37 of 2022 wef 01/01/2024] (4) The Agency must not exercise the power under subsection (1) or (2) without prior notice to the registered person. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s30
chapter: PART 5 - CARBON PRICING
section: 30
title: Refunds on fixed-price carbon credits
content:
30. A registered person is not entitled to any refund on any fixed-price carbon credit except to the extent permitted by section 33. [Act 37 of 2022 wef 01/01/2024] Division 4 &#x2014; Fixed-Price Carbon Credits Registry [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s31
chapter: PART 5 - CARBON PRICING
section: 31
title: Opening of fixed-price carbon credit registry account
content:
31. For the purpose of Division 3, the Agency must open, for each taxable facility of a registered person, a registry account in the Fixed‑Price Carbon Credits Registry and assign a unique identifier to the registry account. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s31A
chapter: PART 5 - CARBON PRICING
section: 31A
title: Conversion of fixed-price carbon credits upon change in carbon price
content:
31A. —(1) Where in any year (year X ) — ( a ) a registered person has in its FPCC registry account any fixed-price carbon credits purchased at the carbon price for year X -1; and ( b ) the carbon price for year X differs from the carbon price for the year X -1, the Agency must convert the fixed-price carbon credits purchased at the carbon price for year X -1 into such number of fixed‑price carbon credits as if they had been purchased in year X , by applying the formula where — ( c ) R is the number of fixed-price carbon credits in the account that were purchased at the carbon price for year X -1; ( d ) S is the carbon price for the purchase of fixed‑price carbon credits in year X -1; and ( e ) T is the carbon price for the purchase of fixed‑price carbon credits in year X . (2) Where the adjustment under subsection (1) results in there being a fraction of a fixed-price carbon credit, the resulting number of fixed‑price carbon credits is to be rounded down to the nearest whole number of such fixed‑price carbon credits. (3) No claim may be brought against the Government or the Agency for any value represented by the fraction of a fixed‑price carbon credit mentioned in subsection (2). [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s32
chapter: PART 5 - CARBON PRICING
section: 32
title: Suspension of fixed-price carbon credit registry account
content:
32. —(1) The Agency may suspend an FPCC registry account for a taxable facility of a registered person for a period not exceeding one year, if the Agency reasonably believes that — ( a ) any information given in relation to the registration of the taxable facility was false or misleading in any material particular; ( b ) there has been unauthorised access to the account; ( c ) the account is used or intended to be used for purposes of a criminal offence; or ( d ) any fixed‑price carbon credit in the account was obtained through fraud or any other unlawful means. [Act 37 of 2022 wef 01/01/2024] (2) For so long as an FPCC registry account is suspended — ( a ) no fixed‑price carbon credits may be purchased and credited into the account; [Act 37 of 2022 wef 01/01/2024] ( b ) no fixed‑price carbon credits in the account may be transferred to another FPCC registry account under section 27(2) or surrendered under section 28; and [Act 37 of 2022 wef 01/01/2024] ( c ) section 17(2)( b ) applies to any tax required to be paid during the period of suspension. [Act 37 of 2022 wef 01/01/2024] (3) If the Agency is satisfied that there is good reason to do so, the Agency may — ( a ) extend the period of the suspension for any further period or periods, each not exceeding one year; or ( b ) lift the suspension before the period of suspension expires. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s33
chapter: PART 5 - CARBON PRICING
section: 33
title: Closing of fixed-price carbon credit registry account
content:
33. —(1) The Agency may close an FPCC registry account for a taxable facility of a registered person in any of the following circumstances: ( a ) upon the application of the registered person, if the taxable facility is deregistered as such; ( b ) if the Agency is satisfied that the account has been, is being or is intended to be used for the commission of any criminal offence; ( c ) if the account has been inactive for 5 years from the last transaction carried out on the account; ( d ) if the person for whom the account was opened has ceased to be registered as a registered person; ( e ) in any other circumstances as may be prescribed. [Act 37 of 2022 wef 01/01/2024] (2) Before closing the FPCC registry account, the Agency must give the registered person written notice of the Agency’s intention to do so if — ( a ) unless otherwise prescribed, the proposed closure is pursuant to subsection (1)( c ) or ( d ); or ( b ) the proposed closure is pursuant to circumstances prescribed under subsection (1)( e ), and this subsection is prescribed as applying with respect to those circumstances. [Act 37 of 2022 wef 01/01/2024] (3) The written notice under subsection (2) must state — ( a ) the consequences of closing the FPCC registry account mentioned in subsection (6); and [Act 37 of 2022 wef 01/01/2024] ( b ) the date by which any written objection to the proposed closure must be given to the Agency, which must be a date at least 30 days after the date of the service of the notice. (4) The Agency must not close the FPCC registry account if the Agency receives a written objection from the registered person to the proposed closure by the date mentioned in subsection (3)( b ), unless the Agency is satisfied that the objection is frivolous or vexatious or has been withdrawn. [Act 37 of 2022 wef 01/01/2024] (5) The Agency may close the FPCC registry account if the Agency does not receive a written objection from the registered person by the date mentioned in subsection (3)( b ). [Act 37 of 2022 wef 01/01/2024] (6) Upon closing the FPCC registry account of the registered person under this section, the Agency must — ( a ) cancel any fixed‑price carbon credit remaining in the FPCC registry account and remove it from the FPCC registry account; and [Act 37 of 2022 wef 01/01/2024] ( b ) refund the registered person an amount equal to the carbon price of the fixed‑price carbon credit cancelled and removed. [Act 37 of 2022 wef 01/01/2024] (7) A registered person is not entitled to a refund under subsection (6) if the cancellation and removal resulted from the closure of the FPCC registry account under subsection (1)( b ). [Act 37 of 2022 wef 01/01/2024] Division 5 &#x2014; International carbon credits [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s33A
chapter: PART 5 - CARBON PRICING
section: 33A
title: Eligible international carbon credit
content:
33A. An eligible international carbon credit is an international carbon credit that — ( a ) meets the prescribed criteria; and ( b ) is accepted as an eligible international carbon credit by the Agency in accordance with any direction of the Minister. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s33B
chapter: PART 5 - CARBON PRICING
section: 33B
title: Surrender of eligible international carbon credits
content:
33B. —(1) For the purpose of section 17(3A), the total number of eligible international carbon credits surrendered must not exceed the prescribed limit. (2) Despite subsection (1), the Minister may permit eligible international carbon credits to be surrendered in excess of the prescribed limit in any particular case or class of cases. (3) Where an eligible international carbon credit is surrendered in place of a fixed‑price carbon credit for the purpose of paying any tax in relation to a taxable facility, the registered person of the taxable facility is treated as having paid the tax to the extent of the carbon price of the fixed‑price carbon credit that the eligible international carbon credit has been surrendered in place of. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s33C
chapter: PART 5 - CARBON PRICING
section: 33C
title: No refunds, etc., on excess eligible international carbon credit surrendered
content:
33C. Where eligible international carbon credits are surrendered in excess of the prescribed limit under section 33B in connection with the tax chargeable on the reckonable GHG emissions of a taxable facility for any emissions year — ( a ) the number of eligible international carbon credits surrendered in excess of the prescribed limit are not treated as surrendered for the purpose of paying the tax for that emissions year, and may not be treated as having been surrendered for the purpose of paying any tax for any prior or subsequent emissions year; and ( b ) no claim may be brought against the Government or the Agency for any value represented by the number of eligible international carbon credits surrendered in excess of the prescribed limit. [Act 37 of 2022 wef 01/01/2024] Division 6 &#x2014; International Carbon Credits Registry [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s33D
chapter: PART 5 - CARBON PRICING
section: 33D
title: ICC Registry and ICC registry accounts
content:
33D. The Agency may establish, maintain and manage an International Carbon Credits Registry, and open and close ICC registry accounts for registered persons in such registry for purposes connected with the surrender of eligible international carbon credits in place of fixed‑price carbon credits in connection with the payment of any tax under this Act. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s34
chapter: PART 6 - APPEALS
section: 34
title: Appeals to Minister
content:
34. —(1) A registered person that is aggrieved by a decision of the Agency — ( a ) refusing to deregister a business facility as a taxable facility of the registered person; ( b ) refusing to approve a verified emissions report or a monitoring plan for a business facility of the registered person; ( c ) refusing to refund any tax under section 19(1) or credit any fixed‑price carbon credit into the registered person’s FPCC registry account under section 19(2); or [Act 37 of 2022 wef 01/01/2024] ( d ) refusing to revise any assessment relating to the registered person pursuant to section 23, may appeal against the decision to the Minister. (2) An appeal under subsection (1) must be made by lodging with the Minister a written notice of appeal within 30 days after the date of service of the Agency’s decision appealed against. (3) The notice of appeal must provide adequate details of the grounds for the appeal. (4) For the purpose of determining an appeal, the Minister may require any person to provide to the Minister such information within the person’s knowledge, and any document in the person’s possession or under the person’s control, as the Minister considers relevant to the appeal. (5) Where the Minister considers that an appeal under subsection (1) involves issues of such nature or complexity that it ought to be considered and determined by persons with particular technical or other specialised knowledge, the Minister may establish an Appeal Panel to consider and determine the appeal.


document_id: cpa-2018
provision_ref: s35
chapter: PART 6 - APPEALS
section: 35
title: Effect of appeal, etc.
content:
35. An appeal under section 34 does not suspend the effect of the decision appealed against unless otherwise provided in this Act, or allowed by the Minister subject to such conditions as the Minister may impose (including any condition for the provision of security).


document_id: cpa-2018
provision_ref: s36
chapter: PART 6 - APPEALS
section: 36
title: Disposal of appeal
content:
36. —(1) Upon receipt of a notice of appeal under section 34, the Minister may dismiss the appeal if the Minister considers it to be trivial, frivolous or vexatious. (2) Upon considering an appeal, the Minister or an Appeal Panel (as the case may be) may determine the appeal by — ( a ) confirming, varying or reversing any decision of the Agency on appeal; or ( b ) directing the Agency to reconsider the decision of the Agency on appeal. (3) Unless section 37 applies, the determination of the Minister or an Appeal Panel under this Part is final.


document_id: cpa-2018
provision_ref: s37
chapter: PART 6 - APPEALS
section: 37
title: Appeals to General Division of High Court
content:
37. —(1) The appellant or the Agency may appeal to the General Division of the High Court from the decision of the Minister or an Appeal Panel under this Part upon any question of law or of mixed law and fact. [40/2019] (2) Subsection (1) does not apply where the decision of the Minister or the Appeal Panel results in a change of less than 250 tCO 2 e &#215; R in the amount of tax charged, where R is the carbon tax rate used to determine the tax chargeable for the emissions year in question. [Act 37 of 2022 wef 01/01/2024] (3) The procedure governing and the costs of any such appeal to the General Division of the High Court are as provided for in the Rules of Court. [40/2019] (4) The General Division of the High Court must hear and determine any such appeal and may confirm, vary or annul the decision of the Minister or the Appeal Panel (as the case may be) on appeal and make any further or other order on such appeal, whether as to costs or otherwise, as the General Division of the High Court considers fit. [40/2019] (5) There is a further right of appeal from decisions of the General Division of the High Court under this section as exists in the case of decisions made by the General Division of the High Court in the exercise of its original civil jurisdiction. [40/2019] Division 2 &#x2014; Appeal Panel


document_id: cpa-2018
provision_ref: s38
chapter: PART 6 - APPEALS
section: 38
title: Composition and procedure of Appeal Panel
content:
38. —(1) An Appeal Panel established under section 34(5) must comprise at least 3 individuals, at least one of whom has particular technical or other specialised knowledge in respect of the issues in the appeal. (2) The Minister must appoint one of the individuals of the Appeal Panel as the Chairperson of the Appeal Panel. (3) In establishing an Appeal Panel, the Minister may provide for — ( a ) the terms and conditions of the membership of the Appeal Panel, including the remuneration and allowances (if any) of any member of the Appeal Panel (which are to form part of the expenses of the Agency); ( b ) the procedure to be adopted by the Appeal Panel in considering any appeal referred to it; and ( c ) any other matter that the Minister considers incidental or expedient for the proper and efficient conduct of an appeal by the Appeal Panel. (4) An Appeal Panel is independent in the performance of its functions.


document_id: cpa-2018
provision_ref: s39
chapter: PART 6 - APPEALS
section: 39
title: Powers of Appeal Panel
content:
39. —(1) An Appeal Panel has the powers, rights and privileges vested in a District Court on the hearing of an appeal, including — ( a ) enforcing the attendance of witnesses and their examination on oath or otherwise; ( b ) compelling the production of documents; and ( c ) awarding any costs or expenses as may be prescribed. (2) A summons signed by any member of the Appeal Panel authorised by the Appeal Panel for this purpose, is to be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents. (3) A witness before an Appeal Panel is entitled to the same immunities and privileges as if the witness were a witness before a District Court. (4) Every member of the Appeal Panel, when and so long as the member acts as such, enjoys the same judicial immunity as is enjoyed by a District Judge. (5) No appeal or proceeding before an Appeal Panel and no act of the Appeal Panel is affected merely because at the relevant time — ( a ) there was a vacancy in the membership of the Appeal Panel, including a vacancy arising from a failure to appoint a member; ( b ) there was some defect or irregularity existing in the appointment or continuance in office of an individual purporting to be a member of the Appeal Panel; or ( c ) there was an irregularity in the Appeal Panel’s procedure that does not affect the merits of the determination made.


document_id: cpa-2018
provision_ref: s40
chapter: PART 7 - RECORDS AND REGISTERS
section: 40
title: Maintenance of records
content:
40. —(1) Every registered person, accredited external auditor, and external auditor assessing any monitoring plan under section 13, must keep and maintain complete and accurate records containing such information and documents, and in accordance with such requirements, as may be prescribed. (2) The persons mentioned in subsection (1) must keep their respective records for at least the prescribed period and must, during the prescribed period — ( a ) make such records available for inspection by any authorised officer, as requested by the authorised officer; and ( b ) submit to any authorised officer any such records, and such other information and document, as requested by the authorised officer. Division 2 &#x2014; Registers to be kept by Agency


document_id: cpa-2018
provision_ref: s41
chapter: PART 7 - RECORDS AND REGISTERS
section: 41
title: Registers to be kept and maintained by Agency
content:
41. —(1) The Agency must keep and maintain one or more registers, in which is or are entered such particulars as the Agency may determine, for the following: ( a ) registered persons; ( b ) reportable facilities of registered persons; ( c ) taxable facilities of registered persons; ( d ) FPCC registry accounts in the Fixed‑Price Carbon Credits Registry; [Act 37 of 2022 wef 01/01/2024] ( e ) ICC registry accounts in the International Carbon Credits Registry. [Act 37 of 2022 wef 01/01/2024] (2) Without affecting subsection (1), the Agency must enter the following particulars into the register of FPCC registry accounts for each FPCC registry account: ( a ) the taxable facility and registered person to which the FPCC registry account relates; [Act 37 of 2022 wef 01/01/2024] ( b ) the number and carbon price of the fixed‑price carbon credits credited into the FPCC registry account, and the date of the crediting; [Act 37 of 2022 wef 01/01/2024] ( c ) the number and carbon price of the fixed‑price carbon credits surrendered by the registered person, and the date of the surrender; [Act 37 of 2022 wef 01/01/2024] ( d ) the number and carbon price of the fixed‑price carbon credits in the FPCC registry account that are cancelled by the Agency, and the date of the cancellation; [Act 37 of 2022 wef 01/01/2024] ( e ) such other information as may be prescribed. [Act 37 of 2022 wef 01/01/2024] (2A) Without affecting subsection (1), the Agency must enter the following particulars into the register of ICC registry accounts for each ICC registry account: ( a ) the taxable facility and registered person to which the ICC registry account relates; ( b ) the number and details of the eligible international carbon credits surrendered in connection with the payment of any tax in relation to the taxable facility; ( c ) such other information as may be prescribed. [Act 37 of 2022 wef 01/01/2024] (3) Any register mentioned in subsection (1) may be kept and maintained electronically. (4) Where there is a deregistration under section 10, or an FPCC registry account is suspended under section 32 or closed under section 33, the Agency may — ( a ) remove the relevant register entry and the particulars under it, from the relevant register; or ( b ) indicate the fact of such deregistration, suspension or closure against the relevant register entry in the relevant register. [Act 37 of 2022 wef 01/01/2024] (5) Without affecting subsection (4), if the Agency is satisfied that — ( a ) any registered person is wound up or dissolved; ( b ) any registered person has ceased to have operational control over any reportable facility or taxable facility of the registered person; or ( c ) any reportable facility or taxable facility has ceased to be under the operational control of any person, the Agency may — ( d ) remove the relevant register entry and the particulars under it, from the relevant register; or ( e ) indicate that fact against the relevant register entry in the relevant register.


document_id: cpa-2018
provision_ref: s42
chapter: PART 7 - RECORDS AND REGISTERS
section: 42
title: Correcting or updating register on Agency’s initiative
content:
42. —(1) Subject to subsection (2), the Agency may correct or update any particulars of any registered person, reportable facility, taxable facility, FPCC registry account or ICC registry account entered in the relevant register if the Agency is satisfied that there is evidence of a conflict between the particulars and other information relating to the same — ( a ) in the possession or under the control of the Agency; or ( b ) obtained from such ministry or department of the Government, or statutory body or other body corporate, as may be prescribed. [Act 37 of 2022 wef 01/01/2024] (2) Except under prescribed circumstances, before the Agency corrects or updates any particulars under subsection (1), the Agency must — ( a ) inform the registered person to whom the particulars relate of the proposed correction or update; and ( b ) subject to subsection (3), obtain consent from the registered person to the proposed correction or update. (3) The Agency need not obtain the consent in subsection (2)( b ) if the Agency is satisfied that any refusal of consent is frivolous or vexatious.


document_id: cpa-2018
provision_ref: s43
chapter: PART 7 - RECORDS AND REGISTERS
section: 43
title: Correcting or updating register on request
content:
43. —(1) A registered person may apply to the Agency to correct an error or omission of any particulars entered in a register maintained by the Agency. (2) The Agency may, upon receiving an application under subsection (1), correct the error or omission if the Agency is satisfied that the error is typographical or clerical in nature. (3) The decision made by the Agency on whether to correct any error or omission under subsection (2) is final.


document_id: cpa-2018
provision_ref: s44
chapter: PART 7 - RECORDS AND REGISTERS
section: 44
title: Obligation to update changes to particulars
content:
44. —(1) Whenever a change is made or occurs in any prescribed particulars registered in respect of a registered person, or a reportable facility, a taxable facility, an FPCC registry account or an ICC registry account of a registered person, the registered person must notify the Agency of the change in accordance with subsection (2). [Act 37 of 2022 wef 01/01/2024] (2) The notice mentioned in subsection (1) must — ( a ) specify the nature and date of the change; ( b ) contain such other information as may be prescribed; ( c ) be lodged within 14 days after the change, or any longer period as the Agency may allow in any particular case; and ( d ) be in such form and manner as the Agency may specify. (3) The Agency may require any notice required by this section to be verified in such manner and by such person as the Agency considers fit. (4) Upon verifying the notice, the Agency must update the register with the change in the particulars mentioned in the notice.


document_id: cpa-2018
provision_ref: s45
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 45
title: Interpretation of this Part
content:
45. In this Part, unless the context otherwise requires — “computer” and “computer output” have the meanings given by section 2(1) of the Computer Misuse Act 1993; “document” includes, in addition to a document in writing — ( a ) any map, plan, graph or drawing; ( b ) any photograph; ( c ) any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means; ( d ) any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced from it; ( e ) any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced from it; and ( f ) any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them; “writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form.


document_id: cpa-2018
provision_ref: s46
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 46
title: Entering premises, etc., to monitor compliance
content:
46. —(1) Subject to subsection (2), for the purpose of administering or enforcing this Act or determining whether this Act has been complied with, an authorised officer may — ( a ) enter any premises — (i) during normal business hours without notice; or (ii) at any other time after giving at least 6 hours’ previous notice to the occupier of the premises (unless the occupier of the premises has consented to a shorter period of notice); and ( b ) exercise any of the powers set out in sections 47 and 48. (2) Before exercising the power of entry under subsection (1), the authorised officer must — ( a ) declare the office of the authorised officer; and ( b ) produce to the person against whom the authorised officer is acting such identification card as the Agency may direct authorised officers to carry.


document_id: cpa-2018
provision_ref: s47
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 47
title: Power to demand names and addresses on entering premises
content:
47. —(1) An authorised officer who enters premises under section 46 may require any person found on the premises to — ( a ) give the person’s name and address and any other proof of identity; and ( b ) provide any other particulars, as the authorised officer may require for the purposes of this Act. (2) A person who, upon being required by the authorised officer to give the person’s name and address or other proof of identity or to provide any particulars under subsection (1) — ( a ) refuses to do so; ( b ) wilfully misstates the person’s name and address or proof of identity; or ( c ) provides false particulars, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: cpa-2018
provision_ref: s48
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 48
title: Power to search premises, etc.
content:
48. —(1) Without affecting section 49, an authorised officer who enters premises under section 46 has full and free access to the premises and any thing at the premises, and may exercise all or any of the following powers: ( a ) search the premises for any thing that may relate to compliance with this Act; ( b ) examine any activity conducted on the premises that may relate to compliance with this Act; ( c ) examine and check the operation of any thing on the premises that may relate to compliance with this Act; ( d ) take any photograph or make any video or audio recording or sketch on the premises of any such activity or thing; ( e ) carry out any inspection or test that may relate to compliance with this Act; ( f ) with such assistants and workmen as the authorised officer considers necessary — (i) affix or bring onto the premises any meter or instrument and take any reading from the meter or instrument; or (ii) take any reading from any meter or instrument on the premises; ( g ) require any person at the premises to do one or both of the following: (i) provide any information within the knowledge of that person; (ii) take reasonable steps to provide any document; ( h ) inspect any document, computer, computer program, computer software or computer output on the premises that may relate to compliance with this Act; ( i ) without payment, make copies of or take extracts from any such document, computer, computer program, computer software or computer output; ( j ) take onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising any power under this section; ( k ) without payment, take possession of any thing on the premises where, in the opinion of the authorised officer — (i) the examination, inspection, checking, copying of or extraction from any part of such thing cannot reasonably be performed without taking possession; (ii) such thing may be interfered with or destroyed unless possession is taken; or (iii) such thing may be required as evidence in proceedings for a contravention of this Act or in proceedings for the recovery of any tax or penalty or in proceedings by way of an appeal against an assessment. (2) An authorised officer may, in addition to the powers in subsection (1) — ( a ) require any person who is able to operate any thing at the premises to do so for the purpose of enabling the authorised officer to ascertain whether it, or a disc, tape or other storage device that can be used with or is associated with it, contains information that is relevant to assessing compliance with this Act; ( b ) if such information is found in exercise of the power in paragraph ( a ) — (i) require the information to be provided in documentary form, and keep or copy the documents so provided; or (ii) transfer, or require the transfer of, the information to a disc, tape or other storage device, and remove it from the premises; and ( c ) in respect of any thing that the authorised officer takes possession of, require any person at the premises to provide the authorised officer with or grant the authorised officer access to any information, code, software or technology required to operate or access data contained in such thing, or to retransform, unscramble or decrypt data contained in such thing into readable and comprehensive format or text. (3) A person who, without reasonable excuse, fails, neglects or refuses to comply with a requirement of an authorised officer under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.


document_id: cpa-2018
provision_ref: s49
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 49
title: Power to require persons to provide information and documents
content:
49. —(1) For the purposes of administering or enforcing this Act or determining whether this Act has been complied with, an authorised officer may by written notice require any person to do one or both of the following: ( a ) to provide any authorised officer with any information within the knowledge of that person; ( b ) to provide any authorised officer with any document in the possession or under the control of the person. (2) The notice in subsection (1) may — ( a ) specify a time and place at which the person must provide the information or document, in the form and manner specified in the notice; or ( b ) require the person to attend personally before any authorised officer, at a place and time specified in the notice, to provide the information or document, in the form and manner specified in the notice. (3) To avoid doubt and without affecting subsections (1) and (2), the reference to a person in those subsections includes any energy supplier for the purpose of obtaining any information or document from the energy supplier in respect of the energy consumption data of any person or business facility that the energy supplier supplies energy to. (4) A person that, without reasonable excuse, fails, neglects or refuses to comply with a notice of an authorised officer under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. (5) In this section, “energy supplier” means any of the following: ( a ) any gas licensee under the Gas Act 2001; ( b ) any supplier of oil, fuel or other type of energy.


document_id: cpa-2018
provision_ref: s50
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 50
title: General power to require information or documents
content:
50. —(1) The power of an authorised officer to require a person to provide any information or document under section 48 or 49 includes the power — ( a ) to require the person, or any person who is or was an officer or employee of that person, to provide an explanation of the information or document; ( b ) if the information or document is not provided, to require that person to state, to the best of the person’s knowledge and belief, from whom the information or document may be obtained or where it is; ( c ) if the information is recorded otherwise than in legible form, without payment, to require the information to be provided in legible form; and ( d ) in the case of a document, without payment — (i) to inspect, copy, or take extracts from, the document and, in relation to a document kept in electronic form, to inspect, copy, or take extracts from, the document in legible form; (ii) to take possession of the document if in the opinion of the authorised officer — (A) the inspection, copying or extraction cannot reasonably be performed without taking possession of the document; (B) the document may be interfered with or destroyed unless possession of the document is taken; or (C) the document may be required as evidence in proceedings for an offence under this Act or in proceedings for the recovery of any tax or penalty, or in proceedings by way of an appeal against an assessment; and (iii) for the purposes of sub-paragraph (ii), to require the person to provide the authorised officer with or grant the authorised officer access to any information, code, software or technology required to access the document or data contained in the document, or to retransform, unscramble or decrypt data contained in the document into readable and comprehensive format or text. (2) A statement made by any person providing information under section 48(1)( g ) or 49(2)( b ) must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary) be signed by the person. (3) A person is not obliged under section 48 or 49 to provide (including through the production of a document) — ( a ) any information that the person is under any statutory obligation (other than sections 128, 128A, 129 and 131 of the Evidence Act 1893) to observe secrecy; or ( b ) any information subject to legal privilege. (4) The generality of the term “reasonable excuse” in sections 48(3) and 49(4) is not affected by subsection (3). (5) Except as provided under subsection (3), it is not a defence to a charge under section 48(3) or 49(4) for a failure to provide any information or document sought in accordance with the provision, that the person is under a duty of secrecy in respect of that information or the contents of that document (called in this section a displaced duty of secrecy). (6) A person that in good faith complies with a requirement or notice to provide any information or document is not to be treated as being in breach of a displaced duty of secrecy. (7) No civil or criminal action for a breach of a displaced duty of secrecy, other than a criminal action for an offence under section 53( b ), lies against a person — ( a ) for providing any information or document if the person did so in good faith in compliance with a requirement or notice under section 48 or 49; or ( b ) for doing or omitting to do any act if the person did or omitted to do the act in good faith and as a result of complying with such a requirement or notice.


document_id: cpa-2018
provision_ref: s51
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 51
title: Additional powers in determining if person or business facility is registrable
content:
51. —(1) Without affecting sections 46 to 50, an authorised officer may, for the purpose of ascertaining whether any person or any business facility is required to be registered under Part 3, by written notice, require the person to — ( a ) carry out any test or inspection specified in the notice; and ( b ) provide to any authorised officer a report of such test or inspection, within the time specified in the notice. (2) A person that, without reasonable excuse, fails to comply with a notice of an authorised officer under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.


document_id: cpa-2018
provision_ref: s52
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 52
title: Obstructing Agency or authorised officer
content:
52. A person that at any time hinders or obstructs the Agency or any authorised officer in the performance or execution of the duty of the Agency or authorised officer, or of any thing which the Agency or authorised officer is empowered or required to do, under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: cpa-2018
provision_ref: s53
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 53
title: False statements, forging of documentation, etc.
content:
53. A person that — ( a ) makes or causes to be made any entry in a record, register or other document required to be kept under this Act which the person knows is false or misleading in any material particular; or ( b ) in response to any requirement or notice of an authorised officer under this Part, provides any information, document or statement that the person knows is false or misleading in any material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. Division 2 &#x2014; Other offences and penalties


document_id: cpa-2018
provision_ref: s54
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 54
title: Offences relating to registrations
content:
54. —(1) A person that fails to apply to register as a registered person where required by section 7 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (2) A person that fails to apply to register a business facility under the person’s operational control as a reportable facility where required by section 7 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (3) A person that fails to apply to register a business facility under the person’s operational control as a taxable facility where required by section 7 shall be guilty of an offence and shall be liable on conviction to a fine that is the total of the following: ( a ) 10% of the tax for which the person would have been liable had the business facility been registered as a taxable facility; ( b ) an amount not exceeding $10,000, and to a further penalty of $50 for every day or part of a day during which the offence continues after conviction. (4) A person that, in relation to an application for registration under this Act, makes or causes to be made any statement or declaration that the person knows is false or misleading in any material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (5) A person that, without reasonable excuse, fails to comply with section 9(2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: cpa-2018
provision_ref: s55
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 55
title: Offences relating to submissions of unverified emissions reports
content:
55. —(1) A person that fails to submit an emissions report, not being a verified emissions report, in accordance with section 11 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000, and to a further penalty of $50 for every day or part of a day during which the offence continues after conviction. (2) Without affecting subsection (1), a person that submits an emissions report, not being a verified emissions report, that is inaccurate shall be guilty of an offence and shall be liable on conviction to — ( a ) a fine not exceeding $10,000; and ( b ) in the case of a second or subsequent offence, to a fine not exceeding $20,000. (3) Subsection (2) does not apply to any inaccuracy notified to the Agency under section 15(1).


document_id: cpa-2018
provision_ref: s56
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 56
title: Offences relating to submissions of verified emissions reports
content:
56. —(1) A person that fails to submit a verified emissions report in accordance with sections 11 and 12 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000, and to a further penalty of $50 for every day or part of a day during which the offence continues after conviction. (2) Without affecting subsection (1) and subject to subsections (3), (4) and (5), a person that — ( a ) submits a verified emissions report that is inaccurate; or ( b ) gives any incorrect information (including in the form of any document) in relation to any matter affecting the person’s liability to tax arising out of the verified emissions report, shall be guilty of an offence and shall be liable on conviction to a fine that is equal to the tax undercharged as a result of the inaccurate verified emissions report or incorrect information. (3) Despite subsection (2), if the inaccurate verified emissions report was submitted or the incorrect information given without reasonable excuse or through negligence, then the person shall be liable on conviction to — ( a ) a fine of an amount equal to double the tax undercharged as a result of the inaccurate verified emissions report or incorrect information; and [Act 37 of 2022 wef 01/01/2024] ( b ) a further fine of an amount not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 37 of 2022 wef 01/01/2024] (4) Despite subsection (2), if the inaccurate verified emissions report was submitted or the incorrect information given wilfully with intent to evade the tax or any part of the tax, then the person shall be liable on conviction to — ( a ) a fine of an amount equal to triple the tax undercharged as a result of the inaccurate verified emissions report or incorrect information; and [Act 37 of 2022 wef 01/01/2024] ( b ) a further fine of an amount not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 37 of 2022 wef 01/01/2024] (5) Despite subsection (2), if — ( a ) the inaccurate verified emissions report or incorrect information was prepared by or through the perpetration of any fraud, art or contrivance; and ( b ) the inaccurate verified emissions report was submitted or the incorrect information given wilfully with intent to evade the tax or any part of the tax, then the person shall be liable on conviction to — ( c ) a fine of an amount equal to quadruple the tax undercharged as a result of the inaccurate verified emissions report or incorrect information; and [Act 37 of 2022 wef 01/01/2024] ( d ) a further fine of an amount not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both. [Act 37 of 2022 wef 01/01/2024] (6) Subsection (2) does not apply, including in relation to subsection (3), to any inaccuracy notified to the Agency under section 15(1). (7) In any proceedings for an offence under this section, it is not a defence for a defendant to prove that the verified emissions report was approved by the Agency.


document_id: cpa-2018
provision_ref: s57
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 57
title: Offences relating to monitoring plans
content:
57. —(1) A person that fails to submit a monitoring plan in accordance with section 13 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (2) Without affecting subsection (1), a person that submits a monitoring plan that is inaccurate shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. (3) Subsection (2) does not apply to any inaccuracy notified to the Agency under section 15(1). (4) In any proceedings for an offence under subsection (2), it is not a defence for a defendant to prove that the monitoring plan was approved by the Agency.


document_id: cpa-2018
provision_ref: s58
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 58
title: Other offences relating to emissions reports and monitoring plans
content:
58. A person that fails to comply with any direction of the Agency under section 13(2), 14 or 15(2) served on the person, or fails to comply with section 15(1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: cpa-2018
provision_ref: s59
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 59
title: Offence relating to failure to pay tax
content:
59. A person that, in accordance with a demand note served on the person under section 17(4)( b ), fails to pay the tax specified in the demand note, shall be guilty of an offence and shall be liable on conviction to a fine that is triple the amount of tax specified in the demand note as being outstanding.


document_id: cpa-2018
provision_ref: s60
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 60
title: Offences by authorised and unauthorised persons
content:
60. A person ( P ) that — ( a ) being appointed for the due administration of this Act — (i) demands from any person an amount in excess of the authorised assessment of tax, or any carbon credits in excess of the authorised assessment of the number of carbon credits required to pay the tax; (ii) withholds for P ’s own use or otherwise, any amount collected in payment of any carbon credit or as tax, or any part of such amount; (iii) gives a false return, whether verbal or in writing, of any number of carbon credits credited by, surrendered to or cancelled by P , or any amount collected by P as payment for any carbon credit, or any amount of tax collected or received by P ; or (iv) defrauds any person, embezzles any money or otherwise uses P ’s appointment to deal wrongly with the Agency or any other person; or ( b ) not being authorised under this Act to do so, sells or credits, or purports to sell or credit any carbon credits, or collects or attempts to collect tax under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: cpa-2018
provision_ref: s61
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 61
title: Offences relating to appeals
content:
61. —(1) A person that, without reasonable excuse, fails to comply with a requirement of the Minister under section 34(4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (2) A person that is duly summoned to attend before an Appeal Panel under section 39(2) and, without reasonable excuse, does not so attend shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: cpa-2018
provision_ref: s62
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT, ETC.
section: 62
title: Offences relating to records and registers
content:
62. —(1) A person that fails to comply with section 40 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. (2) A person that fails to comply with section 44(1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: cpa-2018
provision_ref: s63
chapter: PART 9 - MISCELLANEOUS
section: 63
title: Notices and other documents may be given by authorised officer
content:
63. —(1) All notices and other documents of any nature that the Agency is empowered to give under this Act may, subject to the direction of the Agency, be given by any authorised officer on behalf of the Agency. (2) Where any such notice or document mentioned in subsection (1) requires authentication, the signature or an official facsimile of the signature of any authorised officer affixed to the notice or document is sufficient authentication.


document_id: cpa-2018
provision_ref: s64
chapter: PART 9 - MISCELLANEOUS
section: 64
title: Inaccuracies in document
content:
64. —(1) No misnomer or inaccurate description of any person, place or thing named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act affects the operation of this Act in any way as respects that person, place or thing if that person, place or thing is so designated in the document as to be identifiable. (2) No proceedings taken under or by virtue of this Act are invalid for want of form.


document_id: cpa-2018
provision_ref: s65
chapter: PART 9 - MISCELLANEOUS
section: 65
title: Evidence
content:
65. —(1) The contents of any record, register or document prepared, issued or served by the Agency or any authorised officer under or for the purposes of this Act are presumed to be correct until the contrary is proved. (2) The Minister may prescribe for any record, register or document kept by the Agency or any authorised officer for the purposes of this Act to be public documents, in whole or in part. (3) Copies of or extracts from any record, register or document mentioned in subsection (1) that are — ( a ) certified by an officer or employee of the Agency to be true copies or extracts, as the case may be; and ( b ) signed by the officer or employee with the name and official title of the officer or employee, are admissible in evidence as proof of the contents of or extracts from the record, register or document. (4) In any suit under this section, a certificate signed by an authorised officer stating the name of the registered person and the amount of any tax, financial penalty or amount due from the registered person is sufficient evidence of the amount so due until the contrary is proved.


document_id: cpa-2018
provision_ref: s66
chapter: PART 9 - MISCELLANEOUS
section: 66
title: Disclosure of information
content:
66. The Agency may provide any information or document obtained under this Act by the Agency or any authorised officer, to any of the public officers or statutory bodies set out in the Fourth Schedule for the purpose of enabling the performance or discharge by the public officer or statutory body of the functions or duties of the public officer or statutory body generally or as specified in that Schedule.


document_id: cpa-2018
provision_ref: s67
chapter: PART 9 - MISCELLANEOUS
section: 67
title: Service of documents
content:
67. —(1) A document that is permitted or required under this Act to be served on a person may be served as described in this section. (2) A document permitted or required under this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; ( f ) by sending it by email to the individual’s email address; or ( g ) by transmitting an electronic record of it to an account that the individual has with any electronic transactions service. (3) A document permitted or required under this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other like officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; ( d ) by sending it by email to the partnership’s email address; or ( e ) by transmitting an electronic record of it to an account that the partnership has with any electronic transactions service. (4) A document permitted or required under this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other like officer of the body corporate or unincorporated association or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( d ) by sending it by email to the body corporate’s or unincorporated association’s email address; or ( e ) by transmitting an electronic record of it to an account that the body corporate or unincorporated association has with any electronic transactions service. (5) Service of a document under this section takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered); and ( d ) if the document is sent through any electronic transactions service, at the time when the electronic record of the document enters the person’s account with the electronic transactions service. (6) A document may be served on a person under this Act by email only with that person’s prior written consent. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a direction, order or notice permitted or required under this Act to be served; “email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: cpa-2018
provision_ref: s68
chapter: PART 9 - MISCELLANEOUS
section: 68
title: Offences by corporations
content:
68. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of the actual or apparent authority of the officer, employee or agent; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: cpa-2018
provision_ref: s69
chapter: PART 9 - MISCELLANEOUS
section: 69
title: Offences by unincorporated associations or partnerships
content:
69. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of the actual or apparent authority of the employee or agent; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: cpa-2018
provision_ref: s70
chapter: PART 9 - MISCELLANEOUS
section: 70
title: Power of court to order cause of contravention to be remedied
content:
70. —(1) Where any person is convicted of an offence under this Act, the court may, in addition to or instead of imposing any fine or imprisonment or both, order the person to take, within the time specified in the order (or within any further time as the court may allow), such steps as may be so specified to remedy the contravention or any matter resulting from the contravention. (2) Subject to subsection (3), where an order is made under subsection (1), the convicted person is not liable under this Act in respect of the continuation of the contravention during the time specified in the order or allowed by the court to remedy the matters in respect of which the contravention occurred. (3) If the order under subsection (1) is not complied with by the person to whom the order is given, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 for every day or part of a day during which the non‑compliance continues after the date of conviction for the offence mentioned in that subsection.


document_id: cpa-2018
provision_ref: s71
chapter: PART 9 - MISCELLANEOUS
section: 71
title: Composition of offences
content:
71. —(1) An officer of the Agency authorised by the Agency to compound offences may compound any offence under this Act that is prescribed as a compoundable offence, by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence under this Act.


document_id: cpa-2018
provision_ref: s72
chapter: PART 9 - MISCELLANEOUS
section: 72
title: Payment of moneys into Consolidated Fund
content:
72. All sums collected under this Act in connection with the payment of tax, as financial penalty, or in composition of any offence, must be paid into the Consolidated Fund.


document_id: cpa-2018
provision_ref: s73
chapter: PART 9 - MISCELLANEOUS
section: 73
title: Amendment of Schedules
content:
73. —(1) The Minister may, by order in the Gazette , amend, add to or vary the First, Second or Fourth Schedule. (2) The Minister may, in any order made under subsection (1), make any saving or transitional provision as may be necessary or expedient. (3) Every order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: cpa-2018
provision_ref: s74
chapter: PART 9 - MISCELLANEOUS
section: 74
title: Exemptions
content:
74. The Minister may, by order in the Gazette and with or without conditions, exempt — ( a ) any or any class or description of business facility from all or any of the provisions of this Act, wholly or to any extent; or [Act 37 of 2022 wef 01/01/2024] ( b ) any or any class or description of persons from compliance with all or any of the provisions of this Act, wholly or to any extent. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s75
chapter: PART 9 - MISCELLANEOUS
section: 75
title: Extensions of time
content:
75. —(1) A person that, in any particular case, is unable to do any thing that the person is required to do under this Act within the time specified for it may apply in writing to the Agency for an extension of time. (2) The Agency may grant an extension of time (whether for the same or less than the period of extension applied for), upon being satisfied that there are good reasons to do so. (3) The Agency may grant the extension of time under subsection (2) after the time sought to be extended has expired, but only if the application by the person was made to the Agency before the expiry of the time sought to be extended. [Act 37 of 2022 wef 01/01/2024] (4) Where subsection (3) applies, the Agency must extend the time to a date after the date of the decision of the Agency on the application and, to avoid doubt, time is treated as extended so long as the Agency has not made its decision. [Act 37 of 2022 wef 01/01/2024] (5) The Agency may grant one or more extensions of time under and in accordance with this section. [Act 37 of 2022 wef 01/01/2024]


document_id: cpa-2018
provision_ref: s76
chapter: PART 9 - MISCELLANEOUS
section: 76
title: Regulations
content:
76. —(1) The Minister may make regulations necessary or expedient for carrying out the purposes and provisions of this Act (other than Division 1A of Part 5). [Act 37 of 2022 wef 01/01/2024] (2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any matter in the Fifth Schedule. (3) Regulations may make different provisions for — ( a ) different persons or business facilities; ( b ) different classes of persons or business facilities; or ( c ) different circumstances. (4) The Minister may, in making any regulations, provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $50,000 or with imprisonment for a term not exceeding 2 years or with both.


document_id: cpa-2018
provision_ref: s77
chapter: PART 9 - MISCELLANEOUS
section: 77
title: Incorporation by reference
content:
77. —(1) Regulations may incorporate by reference — ( a ) wholly or partially; ( b ) with or without any addition, omission or substitution; or ( c ) specifically or by reference, any code of practice, standard, requirement, specification or other document (called in this section the material) that relates to any subject matter of any regulations. (2) The incorporation by reference may be of the material — ( a ) as in force or published at a particular time, or from time to time; and ( b ) whether issued by the Agency, or by any standards-setting or other organisation, or any other person. (3) Unless otherwise provided in the regulations, where any material is incorporated by reference in the regulations under subsection (1) — ( a ) the material is treated for all purposes as forming part of the regulations; and ( b ) for any incorporation by reference of the material as in force or published from time to time, every amendment to the material that is made by the Agency, organisation or person issuing the material is treated as forming part of the regulations from the time the amendment takes effect. (4) If any provision in any material is inconsistent with any provision of this Act, such provision in the material, to the extent of the inconsistency — ( a ) is to have effect subject to this Act; or ( b ) having regard to this Act, is not to have effect. (5) Where any material is incorporated by reference in any regulations, the Agency must give notice in the Gazette stating — ( a ) that the material is incorporated in the regulations, and the date on which the relevant provision in the regulations takes effect; ( b ) that the material is available for inspection, free of charge, and the place at which such material may be inspected; ( c ) that copies of the material can be purchased, and the place where the copies can be purchased; and ( d ) if copies of the material are available in other ways, the details of where or how the copies can be accessed or obtained. (6) Where any material is incorporated by reference as in force or published from time to time in any regulations is amended or revoked, the Agency must give notice in the Gazette stating — ( a ) that the material is amended or revoked, and the date on which the amendment or revocation takes effect; and ( b ) for an amendment — (i) that the amendment to the material, or the material as amended, is available for inspection, free of charge, and the place at which such amendment or amended material may be inspected; (ii) that copies of the amendment to the material, or the material as amended, can be purchased, and the place where the copies of the amendment or the amended material can be purchased; and (iii) if copies of the amendment to the material, or the material as amended, are available in other ways, the details of where or how the copies of the amendment or the amended material can be accessed or obtained. (7) In addition, for the purposes of subsections (5)( b ) and (6)( b )(i), the Agency must cause a copy of every material, amendment or amended material referred to, to be made available for inspection by members of the public without charge at any of its offices during normal office hours. (8) To avoid doubt, any part of the material that is not incorporated by reference under subsection (1) does not have any legislative effect.


document_id: cpa-2018
provision_ref: s78
chapter: PART 9 - MISCELLANEOUS
section: 78
title: Advisory guidelines
content:
78. —(1) The Agency may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed under this Act. (2) The advisory guidelines may — ( a ) be of general or specific application; or ( b ) specify that different provisions of the advisory guidelines apply to different circumstances, or are applicable to different persons or classes of persons. (3) The Agency may amend or revoke the whole or part of any advisory guidelines issued under subsection (1). (4) Advisory guidelines issued or amended under this section do not have any legislative effect. (5) Where a person fails to comply with any provision of an advisory guideline issued under this section applicable to the person, this does not of itself render the person liable to criminal proceedings; but the failure may, whether in civil or criminal proceedings, be relied upon by any party to the proceedings as tending to establish or to negate any liability that is in question in the proceedings.


document_id: cpa-2018
provision_ref: s79
chapter: PART 9 - MISCELLANEOUS
section: 79
title: Saving and transitional provisions
content:
79. —(1) Where — ( a ) a corporation is a registered corporation on 31 December 2018 under the Energy Conservation Act 2012; and ( b ) the corporation submitted in 2018 a monitoring plan under section 26C of that Act for any business activity or premises, or part of a business activity or premises, then, as from and including 1 January 2019 — ( c ) the corporation is treated as a registered person for the purposes of this Act; ( d ) the business activity or premises or part is treated as both a reportable facility and a taxable facility of the corporation as a registered person for the purposes of this Act; and ( e ) the monitoring plan submitted under that Act is treated as if it were a monitoring plan submitted under this Act, and if approved under that Act as if it had been approved under this Act. (2) Where — ( a ) the reckonable GHG emissions from any business activity or premises, or part of a business activity or premises, under the operation control of a corporation attained 2,000 tCO 2 e (or higher) in 2017; and ( b ) as at 31 December 2018 — (i) the corporation continues to have operational control over the business activity, premises or part; and (ii) the corporation is a registered corporation under the Energy Conservation Act 2012, then, as from and including 1 January 2019 — ( c ) the corporation is treated as a registered person for the purposes of this Act; and ( d ) the business activity or premises or part is treated as a reportable facility of the corporation as a registered person for the purposes of this Act. (3) For the purposes of this Act, the first reporting period under section 11 for a corporation mentioned in subsection (1) or (2) is the year 2019, and the corporation is not required to submit any report under section 27 of the Energy Conservation Act 2012 in relation to paragraph ( c ) of that section for any period prescribed under that section, or any part of such period, from 1 January 2019 onwards. [80


document_id: cpc-2010
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title
content:
1. This Act is the Criminal Procedure Code 2010 and is generally referred to in this Act as this Code.


document_id: cpc-2010
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Code, unless the context otherwise requires — “advocate” means an advocate and solicitor lawfully entitled to practise criminal law in Singapore; “arrestable offence” and “arrestable case” mean, respectively, an offence for which and a case in which a police officer may ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law; “audiovisual recording” means an aggregate of visual images and sounds embodied in a thing, so as to be capable, by the use of that thing, of being produced electronically and shown as a moving picture with associated sounds; “bailable offence” means an offence shown as bailable in the fifth column of the First Schedule or which is made bailable by any other written law, and “non‑bailable offence” means any offence other than a bailable offence; “child abuse offence” means an offence under section 6(1), 7, 8, 14(2), 16 or 17 of the Children and Young Persons Act 1993, or an offence under section 377BG, 377BH, 377BI, 377BJ, 377BK or 377BL of the Penal Code 1871, and includes an abetment of, a conspiracy to commit, or an attempt to commit, such an offence; “complaint” means any allegation made orally or in writing to a Magistrate with a view to the Magistrate taking action under this Code that some person, whether known or unknown, has committed or is guilty of an offence; “computer” has the meaning given by the Computer Misuse Act 1993; “court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction; “Criminal Procedure Rules” — ( a ) means the Criminal Procedure Rules 2018 made under this Code and any other written law by the Criminal Procedure Rules Committee constituted under section 428A; and ( b ) includes any subsidiary legislation deemed under section 428A(15) to be Criminal Procedure Rules; “criminal record” means the record of any — ( a ) conviction in any court, or subordinate military court established under section 80 of the Singapore Armed Forces Act 1972; ( b ) order made under section 34(2) of the Misuse of Drugs Act 1973; ( c ) supervision order made under section 16 of the Intoxicating Substances Act 1987; ( d ) order made under section 30(1) of the Criminal Law (Temporary Provisions) Act 1955; and ( e ) order as may be prescribed by the Minister charged with the responsibility for home affairs to be a criminal record for the purposes of this Code; “data” has the meaning given by the Computer Misuse Act 1993; “expert” means a person with scientific, technical or other specialised knowledge based on training, study or experience; [Act 19 of 2018 wef 31/12/2025] “financial institution” has the meaning given by section 2 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992; “fine” means any fine or financial penalty imposed by any court upon any conviction of any offence; “fine‑only offence” means an offence that is punishable only with a fine; “Judge” means a Supreme Court Judge, a Senior Judge or a Judicial Commissioner sitting in the General Division of the High Court in accordance with the Constitution and the Supreme Court of Judicature Act 1969; “Judge sitting in the Court of Appeal” means a Supreme Court Judge, a Senior Judge or a Judicial Commissioner sitting in the Court of Appeal in accordance with the Constitution and the Supreme Court of Judicature Act 1969; “judicial proceeding” means any proceeding in the course of which evidence is or may be legally taken by a court; “juvenile” means a person who, in the absence of legal proof to the contrary, is 10 years of age or older but below 18 years of age in the opinion of the court; [Act 32 of 2024 wef 30/12/2025] “law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law; “life imprisonment” means imprisonment for the duration of a person’s natural life; “non-arrestable offence” and “non‑arrestable case” mean, respectively, an offence for which and a case in which a police officer may not ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law; “offence” means an act or omission punishable by any written law; “place” includes — ( a ) any building or structure, whether permanent or temporary; ( b ) any land, whether or not built on; ( c ) any place, whether or not enclosed, and whether or not situated underground or underwater; ( d ) any vessel, aircraft, train, or vehicle (whether mechanically‑propelled or otherwise) or any other means of transport; and ( e ) any part of any place referred to in paragraphs ( a ) to ( d ); “police officer” has the meaning given by the Police Force Act 2004; “police station” means any local office of the Singapore Police Force; [Act 5 of 2024 wef 31/05/2024] “Postal Authority”, “public parcel locker network operator” and “public postal licensee” have the meanings given by section 2(1) of the Postal Services Act 1999; “proceeding” includes a criminal case disclosure conference and a case conference, held under Part 9 or 10, as the case may be; [Act 25 of 2021 wef 01/04/2022] “property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property; “public body” means — ( a ) the Government or any department, office or service of the Government; or ( b ) any corporation, authority, board, council, commission, office or other body established by or under any public Act for a public purpose; “Registrar of the Family Justice Courts” means the registrar of the Family Justice Courts, and includes the deputy registrar and an assistant registrar of the Family Justice Courts; “Registrar of the State Courts” means the registrar of the State Courts, and includes a deputy registrar of the State Courts; “Registrar of the Supreme Court” includes the Deputy Registrar and an Assistant Registrar of the Supreme Court; “repealed Code” means the Criminal Procedure Code (Cap. 68, 1985 Revised Edition) repealed by this Code; “sexual offence” means — ( a ) an offence under section 354, 354A, 355, 372, 373, 373A, 375, 376, 376A, 376AA, 376B, 376C, 376D, 376E, 376EA, 376EB, 376EC, 376ED, 376EE, 376F, 376G, 376H, 377(3), 377B(3), 377BA, 377BB, 377BC, 377BD, 377BE or 377BF of the Penal Code 1871; or [Act 39 of 2022 wef 03/01/2023] ( b ) an offence under section 140, 141, 142, 143, 144, 145, 146, 146A, 147 or 148 of the Women’s Charter 1961, and includes an abetment of, a conspiracy to commit, or an attempt to commit, such an offence; “signed” or “signature” has the meaning given by section 2(1) of the Electronic Transactions Act 2010; “State Court” means any court constituted under the State Courts Act 1970 for the administration of criminal justice; “stolen property” has the meaning given by section 410 of the Penal Code 1871; “terrorist act” has the meaning given by section 2(2) and (3) of the Terrorism (Suppression of Financing) Act 2002; “travel document” means a passport and includes any document issued by any State (including Singapore) or territory for the purpose of facilitating travel by the holder thereof; “writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form, whether permanent or otherwise. [3/2013; 5/2014; 27/2014; 42/2014; 9/2018; 12/2018; 19/2018; 15/2019; 40/2019; 10/2021] (1A) Any power conferred on a court by this Code to make an order for the disposal of any property includes a power to make an order for the forfeiture, confiscation or destruction of the property, or for the delivery of the property to any person, but must be exercised subject to any provisions on forfeiture, confiscation, destruction or delivery in any other written law that is applicable to the case. [19/2018] (2) Words and expressions used in this Code which are defined in the Penal Code 1871 but not defined in this section have the meanings given by the Penal Code 1871.


document_id: cpc-2010
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Service of notices, orders and documents
content:
3. —(1) Subject to this section, any notice, order or document (other than a summons or a notice to attend court issued under this Code) required or permitted to be served on a person under this Code may be served on that person — ( a ) by delivering it personally to that person; ( b ) by addressing it to that person and delivering it at the last known residential address of that person to an adult person who is a member of his or her family; ( c ) by addressing it to that person and delivering it at the last known business address of that person to that person’s employee or by addressing it to that person’s advocate (if any) and delivering it to the advocate at the advocate’s office; ( d ) by sending it by registered post addressed to that person at that person’s last known residential or business address, or sending it by registered post addressed to that person’s advocate (if any) at the advocate’s office; ( e ) by addressing it to that person and transmitting it by fax to that person’s last known fax number, or addressing it to that person’s advocate (if any) and transmitting it by fax to the advocate’s office fax number; ( ea ) by addressing it to that person, and transmitting it to an electronic mail address specified by that person in accordance with subsection (4A); ( eb ) by addressing it to that person’s advocate (if any), and transmitting it to an electronic mail address specified by the advocate in accordance with subsection (4B); ( f ) by leaving it at that person’s last known residential or business address, if service cannot be effected under paragraphs ( a ) to ( e ); ( g ) in the case of a body corporate or a limited liability partnership — (i) by delivering it to the director, manager or secretary, or other similar officer of the body corporate or limited liability partnership, at its registered office or principal place of business; (ii) by delivering it to the advocate (if any) of the body corporate or limited liability partnership at the advocate’s office; (iii) by sending it by registered post addressed to the body corporate or limited liability partnership at the registered office or principal place of business of the body corporate or limited liability partnership; (iv) by sending it by registered post addressed to the advocate (if any) of the body corporate or limited liability partnership at the advocate’s office; (v) by addressing it to that body corporate or limited liability partnership and transmitting it to the last known fax number of the body corporate or limited liability partnership; (vi) by addressing it to the advocate (if any) of the body corporate or limited liability partnership and transmitting it by fax to the advocate’s office fax number; (vii) by addressing it to that body corporate or limited liability partnership, and transmitting it to an electronic mail address specified by that body corporate or limited liability partnership in accordance with subsection (4A); or (viii) by addressing it to the advocate (if any) of the body corporate or limited liability partnership, and transmitting it to an electronic mail address specified by the advocate in accordance with subsection (4B); ( h ) in the case of a partnership other than a limited liability partnership — (i) by delivering it to any one of the partners or the secretary, or other similar officer of the partnership, at its registered office or principal place of business; (ii) by delivering it to the advocate (if any) of the partnership at the advocate’s office; (iii) by sending it by registered post addressed to the partnership at the registered office or principal place of business of the partnership; (iv) by sending it by registered post addressed to the advocate (if any) of the partnership at the advocate’s office; (v) by addressing it to that partnership and transmitting it to the last known fax number of the partnership; (vi) by addressing it to the advocate (if any) of the partnership and transmitting it by fax to the advocate’s office fax number; (vii) by addressing it to that partnership, and transmitting it to an electronic mail address specified by that partnership in accordance with subsection (4A); or (viii) by addressing it to the advocate (if any) of the partnership, and transmitting it to an electronic mail address specified by the advocate in accordance with subsection (4B); ( i ) in the case of an unincorporated association — (i) by delivering it to the president, the secretary or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee, at the address of the unincorporated association; (ii) by delivering it to the advocate (if any) of the unincorporated association at the advocate’s office; (iii) by sending it by registered post addressed to the unincorporated association at the address of the unincorporated association; (iv) by sending it by registered post addressed to the advocate (if any) of the unincorporated association at the advocate’s office; (v) by addressing it to that unincorporated association and transmitting it to the last known fax number of the unincorporated association; (vi) by addressing it to the advocate (if any) of the unincorporated association and transmitting it by fax to the advocate’s office fax number; (vii) by addressing it to that unincorporated association, and transmitting it to an electronic mail address specified by that unincorporated association in accordance with subsection (4A); or (viii) by addressing it to the advocate (if any) of the unincorporated association, and transmitting it to an electronic mail address specified by the advocate in accordance with subsection (4B); or ( j ) by any other prescribed method. [19/2018] (2) In the case of service under subsection (1)( a ), the person to whom the notice, order or document is served must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip. (3) In the case of service under subsection (1)( b ) and ( c ), the family member or employee to whom the notice, order or document is delivered must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip and writing down his or her name, age, identity card or passport number, contact details and relationship to the person on whom the notice, order or document is intended to be served. (4) In the case of service under subsection (1)( g )(i), ( h )(i) and ( i )(i), the person to whom the notice, order or document is delivered must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip and writing down his or her name, age, identity card or passport number, contact details and position in the body corporate, limited liability partnership, partnership or unincorporated association (as the case may be) on which the notice, order or document is intended to be served. (4A) The notice, order or document may be served in a manner specified in subsection (1)( ea ), ( g )(vii), ( h )(vii) or ( i )(vii) only if both of the following conditions are satisfied: ( a ) the person to whom the notice, order or document is to be served gives that person’s prior written consent for the notice, order or document to be served in that manner; ( b ) that person specifies, in that written consent, the electronic mail address to which the notice, order or document is to be transmitted. [19/2018] (4B) The notice, order or document may be served in a manner specified in subsection (1)( eb ), ( g )(viii), ( h )(viii) or ( i )(viii) only if both of the following conditions are satisfied: ( a ) the advocate (if any) of the person to whom the notice, order or document is to be served gives the advocate’s prior written consent for the notice, order or document to be served in that manner; ( b ) the advocate specifies, in that written consent, the electronic mail address to which the notice, order or document is to be transmitted. [19/2018] (5) A reference in this Code to service by registered post is a reference to a postal service that records the posting and delivery of mail by the Postal Authority or public postal licensee. (6) When a notice, order or document is served under this section, an affidavit of such service purporting to be made by the process server before an officer authorised to administer an oath is admissible in evidence.


document_id: cpc-2010
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Trial of offences under Penal Code 1871 or other laws
content:
4. —(1) Offences under the Penal Code 1871 must be inquired into and tried according to this Code. (2) Offences under any other written law must also be inquired into and tried according to this Code, subject to any law regulating the manner or place of inquiring into or trying those offences.


document_id: cpc-2010
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Saving of powers of Supreme Court and law officers
content:
5. Nothing in this Code derogates from the jurisdiction or powers of the Court of Appeal or the General Division of the High Court or the Judges thereof, or the Attorney‑General, a Deputy Attorney‑General or the Solicitor‑General. [41/2014; 40/2019]


document_id: cpc-2010
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Where no procedure is provided
content:
6. As regards matters of criminal procedure for which no special provision has been made by this Code or by any other law for the time being in force, such procedure as the justice of the case may require, and which is not inconsistent with this Code or such other law, may be adopted.


document_id: cpc-2010
provision_ref: s7
chapter: PART 2 - CRIMINAL JURISDICTION OF STATE COURTS
section: 7
title: Criminal jurisdiction of Magistrates’ Courts
content:
7. —(1) Subject to this Code, Magistrates’ Courts have jurisdiction and power to — ( a ) try any offence for which the maximum term of imprisonment provided by law does not exceed 5 years or which is a fine‑only offence; ( b ) [ Deleted by Act 19 of 2018 ] ( c ) inquire into a complaint of any offence and summon and examine any witness who may give evidence relating to such offence; ( d ) summon, apprehend and issue warrants for the apprehension of criminals and offenders, and deal with them according to law; ( e ) issue a warrant to search or cause to be searched any place wherein any stolen goods or any goods, article or thing with which or in respect of which any offence has been committed is alleged to be kept or concealed; ( f ) require any person to furnish security for keeping the peace or for the person’s good behaviour according to law; and ( g ) do any other thing that Magistrates’ Courts are empowered to do under this Code or any other written law. [19/2018] (2) The jurisdiction and powers conferred on Magistrates’ Courts under subsection (1)( a ) must be exercised by a Magistrate sitting in a court house of the Magistrate’s Court or at such other place as may be prescribed. [19/2018] (3) The jurisdiction and powers conferred on Magistrates’ Courts under subsection (1)( c ) to ( g ) may be exercised by a Magistrate at any place in Singapore.


document_id: cpc-2010
provision_ref: s8
chapter: PART 2 - CRIMINAL JURISDICTION OF STATE COURTS
section: 8
title: Criminal jurisdiction of District Courts
content:
8. —(1) District Courts have jurisdiction and power to try any offence for which the maximum term of imprisonment provided by law does not exceed 10 years or which is a fine-only offence. [19/2018] (2) Every District Court has in the exercise of its jurisdiction all the powers of a Magistrate’s Court.


document_id: cpc-2010
provision_ref: s9
chapter: PART 2 - CRIMINAL JURISDICTION OF STATE COURTS
section: 9
title: Enlargement of jurisdiction of State Courts
content:
9. —(1) Where an offence is triable by a District Court but not by a Magistrate’s Court, the Public Prosecutor may in writing authorise a Magistrate’s Court in any particular case to try the offence. [5/2014] (2) Despite section 7(1), a Magistrate’s Court may try any offence — ( a ) under the Penal Code 1871, if the offence is shown to be triable by a Magistrate’s Court in the seventh column of the First Schedule; or ( b ) under any law other than the Penal Code 1871, if the offence is shown to be triable by a Magistrate’s Court under that law. (3) Despite section 8(1), a District Court may try any offence other than an offence punishable with death — ( a ) if that offence (which is one under the Penal Code 1871) is shown to be triable by a District Court in the seventh column of the First Schedule; ( b ) if that offence (which is one under any law other than the Penal Code 1871) is shown to be triable by a District Court under that law; or ( c ) if the Public Prosecutor applies to the District Court to try such offence, and the accused consents, or if more than one are charged together with the same offence, all such accused persons consent. (4) Nothing in this section is to be construed as enlarging the power conferred on the Magistrate’s Court or District Court under section 303.


document_id: cpc-2010
provision_ref: s10
chapter: PART 2 - CRIMINAL JURISDICTION OF STATE COURTS
section: 10
title: Consent required for prosecution of certain offences
content:
10. —(1) A prosecution for — ( a ) an offence under section 172 to 188, 193 to 196, 199, 200, 205 to 211, 228, 376C, 376G or 505 of the Penal Code 1871; ( b ) an offence under Chapter 5A, 6 (except section 127) or 18 of the Penal Code 1871; ( c ) an offence under Chapter 21 of the Penal Code 1871; or ( d ) an abetment of, or an attempt to commit, any offence mentioned in paragraphs ( a ), ( b ) and ( c ), must not be instituted except with the consent of the Public Prosecutor. (2) A person may be charged or arrested, or a warrant for the person’s arrest may be issued and executed, and any such person may be remanded in custody or released on bail, even though the consent of the Public Prosecutor has not been obtained, but the case must not be further prosecuted until that consent has been obtained. (3) When a person is brought before a court before the Public Prosecutor has consented to the prosecution, the charge must be explained to the person but the person must not be called upon to plead. (4) The consent of the Public Prosecutor — ( a ) need not refer to a particular offence but may be expressed in general terms; and ( b ) must as far as practicable specify the place in which and the occasion on which the offence was committed. (5) No consent remains in force unless acted upon within one month from the date on which it was given. (6) Subsections (2) to (5) also apply in respect of every consent of the Public Prosecutor which is required to be obtained under any other written law before proceedings in respect of an offence may be instituted.


document_id: cpc-2010
provision_ref: s11
chapter: PART 3 - POWERS OF ATTORNEY-GENERAL
section: 11
title: Public Prosecutor
content:
11. —(1) The Attorney-General is the Public Prosecutor and has the control and direction of criminal prosecutions and proceedings under this Code or any other written law. (2) The Deputy Attorney‑General assigned by the Attorney‑General to have control and direction of criminal prosecutions and proceedings under this Code or any other written law has all the powers of the Public Prosecutor, and any reference in this Code or any other written law to the Public Prosecutor, unless the context otherwise requires, includes a reference to this Deputy Attorney‑General. [41/2014] (3) Subject to this section, the Public Prosecutor may appoint the Solicitor‑General, any officer or other person to act as a Deputy Public Prosecutor or an Assistant Public Prosecutor in carrying out any of the duties of the Public Prosecutor under this Code or under any other written law, and may assign any of those duties to a Deputy Public Prosecutor or an Assistant Public Prosecutor. [41/2014] (4) The Public Prosecutor may authorise in writing one or more Deputy Public Prosecutors — ( a ) to give any consent, fiat, order, authorisation, permission, instruction or direction; or ( b ) to make any application or requisition, on behalf of the Public Prosecutor that is required by this Code or any other written law for — ( c ) the trial of an offence before any court, tribunal or authority; ( d ) the forfeiture, confiscation, destruction or disposal of property; or ( e ) the exercise by any police officer of the powers of investigation under this Code, as the case may be. (5) The Public Prosecutor, the Deputy Attorney‑General mentioned in subsection (2), the Solicitor‑General or a Deputy Public Prosecutor may authorise any person, on such terms and conditions as he or she thinks fit, to act for the Public Prosecutor in the conduct of a case or prosecution in court or in any part of such conduct. [41/2014] (6) Any proceeding before the General Division of the High Court must be conducted by the Public Prosecutor, the Deputy Attorney‑General mentioned in subsection (2), the Solicitor‑General, a Deputy Public Prosecutor, an Assistant Public Prosecutor, or a person authorised under subsection (5) who is an advocate. [41/2014; 40/2019] (7) No person may appear on behalf of the Public Prosecutor in any criminal appeal, or any case stated or criminal reference under Division 2 of Part 20, other than the Deputy Attorney‑General mentioned in subsection (2), the Solicitor‑General, a Deputy Public Prosecutor, or a person authorised under subsection (5) who is an advocate. [41/2014] (8) Subject to subsections (9) and (10), any proceeding relating to a criminal matter before a State Court must be conducted only by the Public Prosecutor, the Deputy Attorney‑General mentioned in subsection (2), the Solicitor‑General, a Deputy Public Prosecutor, an Assistant Public Prosecutor, or any other person authorised under subsection (5). [5/2014; 41/2014] (9) An officer of a public body, or an advocate acting on behalf of that public body, may with the authorisation of the Public Prosecutor, conduct any prosecution in summary cases before a Magistrate’s Court. (10) A private person may appear in person or by an advocate to prosecute in summary cases before a Magistrate’s Court for any offence for which the maximum term of imprisonment provided by law does not exceed 3 years or which is a fine‑only offence. [19/2018]


document_id: cpc-2010
provision_ref: s12
chapter: PART 3 - POWERS OF ATTORNEY-GENERAL
section: 12
title: Public Prosecutor’s fiat
content:
12. —(1) Despite any provision in this Code, the Public Prosecutor may by fiat, and on such terms and conditions as he or she thinks fit, permit any person to prosecute, on the person’s own behalf, any particular offence punishable under the Penal Code 1871 or any other written law, or to pursue any further proceedings in such prosecution. (2) The person to whom the fiat is granted under subsection (1) may either appear in person or by an advocate.


document_id: cpc-2010
provision_ref: s13
chapter: PART 3 - POWERS OF ATTORNEY-GENERAL
section: 13
title: Public Prosecutor’s power to take over conduct of prosecution, etc.
content:
13. Where a prosecution is conducted by a person other than the Public Prosecutor, the Deputy Attorney‑General mentioned in section 11(2), the Solicitor‑General, a Deputy Public Prosecutor or an Assistant Public Prosecutor, the Public Prosecutor may, if he or she thinks fit, take over the conduct of the prosecution at any stage of the proceedings and continue or discontinue the prosecution. [41/2014]


document_id: cpc-2010
provision_ref: s14
chapter: PART 4 - INFORMATION TO POLICE AND
section: 14
title: Information about offences received by police
content:
14. —(1) When information is first received at a police station about an offence, the recording officer must proceed in accordance with this section. (2) If the information is in writing, the recording officer must — ( a ) if practicable, immediately mark on it the date and time of receipt at the police station and the name and address of the person who gave the information; and ( b ) if the information appears to be signed by the informant, file it as a report. (3) If the information is given orally and the recording officer considers it practicable to reduce it to writing immediately, the recording officer must ensure that all of the following are recorded in a report: ( a ) the date and time of the recording officer’s receipt of the information; ( b ) the name and address of the informant; ( c ) the information given by the informant; ( d ) such other particulars as the nature of the case may require. (4) The informant, the recording officer and the interpreter (if any) must, where practicable, sign the report mentioned in subsection (3). (5) If the information is given orally and it is impracticable for the recording officer to write it down immediately, he or she must — ( a ) make a note of the first information; and ( b ) if the offence to which the information relates is an arrestable offence, cause to be recorded, as soon as possible, a fuller statement from the informant under section 22. (6) If requested, the recording officer must give a copy of the information recorded under this section to the informant upon payment of the prescribed fee. (7) The Minister charged with the responsibility for home affairs may prescribe the mode by which information about an offence may be received or given under this section and section 15. (8) In this section, “recording officer” means the officer in charge of a police station or any police officer whose duty includes receiving reports relating to the commission of any offence.


document_id: cpc-2010
provision_ref: s15
chapter: PART 4 - INFORMATION TO POLICE AND
section: 15
title: Information about offences received by authorised persons
content:
15. —(1) When information about an offence is given to any authorised person — ( a ) that person must immediately record the information in a report and communicate that report to the officer in charge of a police station or any police officer whose duty includes dealing with reports relating to the commission of any offence; and ( b ) that officer must then proceed in accordance with section 16 or 17. (2) If requested, the officer mentioned in subsection (1) must give a copy of the information recorded under this section to the informant upon payment of the prescribed fee. (3) In this section, “authorised person” means any person, not being a police officer, who is authorised by the Commissioner of Police to receive reports relating to the commission of any offence.


document_id: cpc-2010
provision_ref: s16
chapter: PART 4 - INFORMATION TO POLICE AND
section: 16
title: Procedure in non-arrestable cases
content:
16. —(1) Where the information so filed or recorded under section 14 or 15 relates to a non-arrestable offence, any one or more of the following applies: ( a ) the case must thereupon be investigated by a police officer; ( b ) the informant may, by notice of a police officer, be referred to a Magistrate; [Act 16 of 2024 wef 17/06/2024] ( c ) a police officer may refer the case to a mediator of a Community Mediation Centre, established under the Community Mediation Centres Act 1997, for mediation. [Act 16 of 2024 wef 17/06/2024] (1A) Despite subsection (1), if the police officer has reason to believe that the matter is not of a serious nature or there are insufficient grounds for proceeding with the matter (whether or not any investigation has commenced under subsection (1)( a )), no further action need be taken by any police officer. [Act 16 of 2024 wef 17/06/2024] (2) In investigating such a case, a police officer may, by order of the Public Prosecutor or a Magistrate, exercise any of the special powers of investigation under sections 21, 22, 34, 39 and 111. (3) A police officer receiving an order of the Public Prosecutor or a Magistrate as mentioned in subsection (2) may also exercise the same powers in respect of the investigation as the police officer may exercise without an order in an arrestable case, except the power to arrest without warrant. (4) Any informant referred to a Magistrate under subsection (1) must be supplied with a copy of any report filed or recorded under section 14 or 15 on which must be endorsed the name of the police station or place at which the information was so filed or recorded. (5) A police officer must record his or her reasons if he or she decides to take any course of action mentioned in subsection (1)( b ) or ( c ) or (1A). [Act 16 of 2024 wef 17/06/2024]


document_id: cpc-2010
provision_ref: s17
chapter: PART 4 - INFORMATION TO POLICE AND
section: 17
title: Procedure when arrestable offence is suspected
content:
17. —(1) If, from information received or otherwise, a police officer has reason to suspect that an arrestable offence has been committed, the police officer must, or if he or she is unable to attend to the case, another police officer acting in his or her place must — ( a ) investigate the facts and circumstances of the case as soon as practicable; and [Act 5 of 2024 wef 31/05/2024] ( b ) try to find the offender and, if appropriate, arrest the offender and report the case to the Public Prosecutor. [Act 5 of 2024 wef 31/05/2024] (2) Despite subsection (1) — ( a ) if the police officer has reason to believe that the case is not of a serious nature, there is no need to investigate the facts and circumstances of the case; or [Act 5 of 2024 wef 31/05/2024] ( b ) if the police officer has reason to believe that there are insufficient grounds for proceeding with the matter, he or she must not do so. (3) In each of the cases mentioned in subsection (2)( a ) and ( b ), the police officer receiving the information must state in his or her report his or her reason for not fully complying with subsection (1).


document_id: cpc-2010
provision_ref: s18
chapter: PART 4 - INFORMATION TO POLICE AND
section: 18
title: Investigation in arrestable cases
content:
18. —(1) A police officer may exercise all or any of the special powers of investigation under sections 21, 22, 34, 39 and 111 when investigating any arrestable case. (2) The action of a police officer in such a case may not be called into question at any time on the ground that he or she lacked authority under this section to exercise the special powers of investigation under sections 21, 22, 34, 39 and 111.


document_id: cpc-2010
provision_ref: s19
chapter: PART 4 - INFORMATION TO POLICE AND
section: 19
title: Diary of proceedings in investigation
content:
19. —(1) A police officer conducting any investigation under this Part must keep a daily diary of his or her progress, setting out — ( a ) the time at which any order for investigation reached him or her; ( b ) the times at which he or she began and closed his or her investigation; ( c ) the places he or she visited; and ( d ) the findings of his or her investigation. (2) Despite anything in the Evidence Act 1893, an accused is not entitled to call for or inspect such a diary before or during an inquiry, a trial or other proceeding under this Code. (3) Where, for the purposes of section 161 or 162 of the Evidence Act 1893, the police officer conducting the investigation refers to such a diary, then — ( a ) the accused may be shown only the entries in the diary that the officer or prosecutor has referred to; and ( b ) the prosecutor must conceal or obliterate any other entries.


document_id: cpc-2010
provision_ref: s20
chapter: PART 4 - INFORMATION TO POLICE AND
section: 20
title: Power to order production of any document or other thing
content:
20. —(1) Where a police officer of or above the rank of sergeant, or an authorised person, considers that any document or thing (other than a document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, the police officer or authorised person may — ( a ) issue a written order to require a person in whose possession or power the document or thing is believed to be — (i) to produce the document or thing at the time and place stated in the order; (ii) to give a police officer or an authorised person access to the document or thing; or (iii) in the case of a document or thing that is in electronic form — (A) to produce a copy of the document or thing, at the time and place stated in the order; or (B) to give a police officer or an authorised person access to a copy of the document or thing; or ( b ) in the case of a document or thing that is contained in or available to a computer — issue a written order to require a person who is believed to have power to access the document or thing from that computer — (i) to produce a copy of the document or thing, at the time and place stated in the order; or (ii) to give a police officer or an authorised person access to a copy of the document or thing. [19/2018; 10/2021] (1A) Without limiting subsection (1), where a police officer of or above the rank of sergeant, or an authorised person, considers that any data (other than data in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, the police officer or authorised person may — ( a ) issue a written order to require a person in whose possession or power the data is believed to be — (i) to authenticate the data; and (ii) to produce the data, at the time and place stated in the order; or ( b ) in the case of any data that is contained in or available to a computer — issue a written order to require a person who is believed to have power to access the data from that computer — (i) to authenticate a copy of the data; and (ii) to produce a copy of the data, at the time and place stated in the order. [19/2018; 10/2021] (2) Despite subsections (1) and (1A), a written order under subsection (1) or (1A) for the production of customer information by a financial institution (other than a specified institution), or access to customer information kept by a financial institution (other than a specified institution) — ( a ) may only be made by a police officer of or above the rank of inspector, or an authorised person; and ( b ) may require the financial institution to monitor any account of a customer of the financial institution for a period of time and provide such information relating to the transactions carried out in the account during that period. [19/2018] [Act 5 of 2024 wef 01/08/2024] (2A) Despite subsections (1) and (1A), a written order under subsection (1) or (1A) for the production of customer information by a specified institution, or access to customer information kept by a specified institution — ( a ) may only be made by — (i) a police officer of or above the rank of inspector; (ii) an authorised person mentioned in paragraph ( a ) of the definition of “authorised person” in subsection (9); or (iii) an authorised person mentioned in paragraph ( b ) of the definition of “authorised person” in subsection (9) who is investigating an offence under a specified law; and ( b ) may require the specified institution to monitor any account of a customer of the specified institution for a period of time and provide such information relating to the transactions carried out in the account during that period. [Act 5 of 2024 wef 01/08/2024] (3) If any document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, the Public Prosecutor may issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be — ( a ) to deliver that document or thing, at the time and place stated in the order, to a person stated in the order; or ( b ) in the case of a document or thing that is in electronic form or is contained in or available to a computer — to deliver a copy of that document or thing, at the time and place stated in the order, to a person stated in the order. [19/2018; 10/2021] (3A) Without limiting subsection (3), if any data in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, the Public Prosecutor may — ( a ) issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be — (i) to authenticate the data; and (ii) to produce the data, at the time and place stated in the order; or ( b ) in the case of any data that is contained in or available to a computer — issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be — (i) to authenticate a copy of the data; and (ii) to produce a copy of the data, at the time and place stated in the order. [19/2018; 10/2021] (4) If a person is required merely to produce any document, thing, data or copy, the person may comply with that requirement by causing the document, thing, data or copy to be produced instead of bringing it in person. [19/2018] (5) A police officer, or an authorised person, may exercise the powers conferred under this section despite any provision in any other law relating to the production of, or the giving of any access to, any document or thing, or data. [19/2018] (6) The cost incurred by a person in complying with any requirement or written order under this section, or any requirement under any regulations in respect of any matter mentioned in section 428(2)( d ), is to be borne by the person. [19/2018; 14/2019] (7) Any person who fails to comply with a written order issued under subsection (1), (1A), (3) or (3A), shall be guilty of an offence and shall be liable on conviction — ( a ) in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000; ( b ) in any case where the person is an individual, and the written order states that it is issued for the investigation or trial of an arrestable offence — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or ( c ) in any other case — to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both. [19/2018] (8) No liability shall lie against a person who, acting in good faith and with reasonable care, does or omits to do anything in complying with any written order issued under subsection (1), (1A), (3) or (3A), or with any requirement under any regulations in respect of any matter mentioned in section 428(2)( d ). [19/2018; 14/2019] (9) In this section — “authorised person” means — ( a ) any person who is authorised in writing by the Commissioner of Police for the purposes of this section; ( b ) any officer of a prescribed law enforcement agency mentioned in paragraph ( a ), ( b ), ( c ) or ( d ) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section; or ( c ) any other officer of a prescribed law enforcement agency mentioned in paragraph ( e ) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section; “customer information” — ( a ) in relation to a bank or merchant bank, has the meaning given by section 40A of the Banking Act 1970; and a reference in that section to a bank is a reference to a bank or merchant bank; ( b ) in relation to a licensed trust company, means information protected under section 49 of the Trust Companies Act 2005; and ( c ) in relation to any other financial institution, means any information relating to, or any particulars of, an account of a customer of the financial institution or funds of a customer under management by the financial institution, but does not include any information that is not referable to any named person or group of named persons; “prescribed law enforcement agency” means — ( a ) the Inland Revenue Authority of Singapore; ( b ) the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders; ( c ) the Singapore Customs; ( d ) the Gambling Regulatory Authority of Singapore; or ( e ) any other law enforcement agency prescribed, by order in the Gazette , by the Minister charged with the responsibility for that law enforcement agency; “specified institution” means a financial institution that is any of the following: ( a ) a bank or merchant bank within the meaning of section 2(1) of the Banking Act 1970; ( b ) a licensed trust company within the meaning of section 2 of the Trust Companies Act 2005; “specified law” means — ( a ) in relation to an offence investigated by the Inland Revenue Authority of Singapore — (i) the Goods and Services Tax Act 1993; or (ii) the Income Tax Act 1947; ( b ) in relation to an investigation into an offence conducted by the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders — (i) the Employment Agencies Act 1958; (ii) the Employment of Foreign Manpower Act 1990; or (iii) the Prevention of Human Trafficking Act 2014; ( c ) in relation to an offence investigated by the Singapore Customs — (i) the Chemical Weapons (Prohibition) Act 2000; (ii) the Customs Act 1960; (iii) the Free Trade Zones Act 1966; (iv) the Regulation of Imports and Exports Act 1995; (v) the Strategic Goods (Control) Act 2002; or (vi) the United Nations Act 2001; and ( d ) in relation to an offence investigated by the Gambling Regulatory Authority of Singapore — (i) the Casino Control Act 2006; or (ii) the Gambling Control Act 2022. [Act 5 of 2024 wef 01/08/2024]


document_id: cpc-2010
provision_ref: s21
chapter: PART 4 - INFORMATION TO POLICE AND
section: 21
title: Power to require attendance of witnesses
content:
21. —(1) 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 the police officer, and that person must attend as required. (2) If that person fails to attend as required, the police officer may report the matter to a Magistrate who may then issue a warrant ordering the person to attend.


document_id: cpc-2010
provision_ref: s22
chapter: PART 4 - INFORMATION TO POLICE AND
section: 22
title: Power to examine witnesses
content:
22. —(1) In conducting an investigation under this Part, a police officer, or a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act 2004 and the lawful directions of the police officer or law enforcement officer he or she assists, may examine orally any person who appears to be acquainted with any of the facts and circumstances of the case — ( a ) whether before or after that person or anyone else is charged with an offence in connection with the case; and ( b ) whether or not that person is to be called as a witness in any inquiry, trial, or other proceeding under this Code in connection with the case. [10/2015] (2) The person examined is bound to state truly what the person knows of the facts and circumstances of the case, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. (3) Subject to subsection (5), a statement made by a person examined under this section must be recorded — ( a ) in writing; or ( b ) in the form of an audiovisual recording. [19/2018] (4) Where a statement made by a person examined under this section is recorded in writing, the statement must — ( a ) be read over to the person; ( b ) if the person does not understand English, be interpreted for the person in a language that the person understands; and ( c ) be signed by the person. [19/2018] (5) Where, before a person makes a statement under this section, any police officer or forensic specialist examining the person reasonably suspects the person of having committed an offence specified in the Third Schedule, any statement made by the person during the examination must be recorded in the form of an audiovisual recording, unless any of the following applies: ( a ) due to an operational exigency, it is not feasible to record the statement in the form of an audiovisual recording; ( b ) the equipment designated for recording the statement in the form of an audiovisual recording — (i) does not work; and (ii) cannot be repaired or replaced within a reasonable time; ( c ) the person requests that the statement be recorded in writing instead of in the form of an audiovisual recording, and the police officer or forensic specialist examining the person reasonably believes that the granting of the request will facilitate the investigation. [19/2018] (6) Despite subsection (5) — ( a ) a mere failure to comply with subsection (5) does not render a statement by a person examined under this section inadmissible if the statement is otherwise admissible; and ( b ) no inference is to be drawn by the court from a mere failure to comply with that subsection. [19/2018] (7) Except as provided in subsection (5), any police officer or forensic specialist examining a person under this section may decide whether a statement made by the person during the examination is to be recorded — ( a ) in writing; or ( b ) in the form of an audiovisual recording. [19/2018]


document_id: cpc-2010
provision_ref: s23
chapter: PART 4 - INFORMATION TO POLICE AND
section: 23
title: Cautioned statements
content:
23. —(1) If, during an investigation, a person (called in this section the accused) is charged with an offence or informed by a police officer or any other person charged with the duty of investigating offences or charging offenders that the accused may be prosecuted for an offence, the accused must be served with and have read to the accused a written notice as follows: “You have been charged with [or informed that you may be prosecuted for] — (set out the charge). Do you want to say anything about the charge that was just read to you? If you keep quiet now about any fact or matter in your defence and you reveal this fact or matter in your defence only at your trial, the judge may be less likely to believe you. This may have a bad effect on your case in court. Therefore it may be better for you to mention such fact or matter now. If you wish to do so, what you say will be written down, read back to you for any mistakes to be corrected and then signed by you.”. (2) If an accused, after the notice under subsection (1) is read to him or her — ( a ) remains silent; or ( b ) says or does anything which intimates the accused’s refusal to give a statement, the fact of his or her remaining silent or his or her refusal to give a statement or his or her other action must be recorded. (3) Subject to subsection (3B), a statement made by an accused in answer to a notice read to the accused under subsection (1) must be recorded — ( a ) in writing; or ( b ) in the form of an audiovisual recording. [19/2018] (3A) Where a statement made by an accused in answer to a notice read to the accused under subsection (1) is recorded in writing, the statement must — ( a ) be read over to the accused; ( b ) if the accused does not understand English, be interpreted for the accused in a language that the accused understands; and ( c ) be signed by the accused. [19/2018] (3B) Where, before an accused makes a statement in answer to a notice read to the accused under subsection (1), the accused is charged with or informed that the accused may be prosecuted for an offence specified in the Third Schedule, the statement made by the accused must be recorded in the form of an audiovisual recording, unless any of the following applies: ( a ) due to an operational exigency, it is not feasible to record the statement in the form of an audiovisual recording; ( b ) the equipment designated for recording the statement in the form of an audiovisual recording — (i) does not work; and (ii) cannot be repaired or replaced within a reasonable time; ( c ) the accused requests that the statement be recorded in writing instead of in the form of an audiovisual recording, and the police officer or person to whom the accused intends to make the statement reasonably believes that the granting of the request will facilitate the investigation. [19/2018] (3C) Despite subsection (3B) — ( a ) a mere failure to comply with subsection (3B) does not render a statement made by an accused in answer to a notice read to the accused under subsection (1) inadmissible, if the statement is otherwise admissible; and ( b ) no inference is to be drawn by the court from a mere failure to comply with subsection (3B). [19/2018] (3D) Except as provided in subsection (3B), the police officer or person to whom an accused intends to make a statement, in answer to a notice read to the accused under subsection (1), may decide whether the statement is to be recorded — ( a ) in writing; or ( b ) in the form of an audiovisual recording. [19/2018] (3E) To avoid doubt, nothing in subsection (3) or (3B) prevents or prohibits a police officer or person to whom an accused intends to make a statement in answer to a notice read to the accused under subsection (1) from arranging for the statement to be recorded both — ( a ) in writing; and ( b ) in the form of an audiovisual recording. [19/2018] (4) No statement made by an accused in answer to a notice read to the accused under subsection (1) is to be construed as a statement caused by any threat, inducement or promise as is described in section 258(3), if it is otherwise voluntary. (5) Where a statement made by an accused, in answer to a notice read to the accused under subsection (1), is recorded in writing, a copy of the statement must be given to the accused at the end of the recording. [19/2018] (6) Where a statement made by an accused, in answer to a notice read to the accused under subsection (1), is recorded in the form of an audiovisual recording — ( a ) if requested by the defence, arrangements must be made for the accused and the accused’s advocate (if any) to view the audiovisual recording of the statement, as soon as practicable after the audiovisual recording is made, at a police station or at any other prescribed place; and ( b ) if a transcript of the audiovisual recording is made, a copy of the transcript must be given to the accused as soon as practicable after the transcript is made. [19/2018] Division 2 &#x2014; Search and seizure


document_id: cpc-2010
provision_ref: s24
chapter: PART 4 - INFORMATION TO POLICE AND
section: 24
title: When search warrant may be issued
content:
24. —(1) A court may issue a search warrant if — ( a ) the court has reason to believe that a person who has been or may be issued an order under section 20(1), (1A), (3) or (3A), or a summons under section 235(1), would not produce any document or other thing (including data), or a copy of the document or thing, as required by the order or summons; ( b ) it is not known who possesses that document or thing; or ( c ) the court considers that a general or specific search or inspection will serve the purposes of justice or of any investigation, inquiry, trial or other proceeding under this Code. [19/2018] (2) Nothing in this section authorises any court other than the General Division of the High Court to grant a warrant to search for any document or other thing (including data), or any copy of the document or thing, in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator. [19/2018; 40/2019; 10/2021]


document_id: cpc-2010
provision_ref: s25
chapter: PART 4 - INFORMATION TO POLICE AND
section: 25
title: Search of house suspected to contain stolen property, forged documents, etc.
content:
25. If a court, upon information and after such inquiry as it thinks necessary, has reason to believe that any place is used — ( a ) for the deposit or sale of stolen property or of property unlawfully obtained or of goods in respect of which an offence has been committed under section 4 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975; ( b ) for the deposit or sale or manufacture of any forged document, false seal, counterfeit stamp or coin, or any instrument or material for counterfeiting any coin or stamp or for forging; or ( c ) for the concealing, keeping or depositing of any stolen property or property unlawfully obtained, forged document, false seal, counterfeit stamp or coin, or any instrument or material used for counterfeiting any coin or stamp or for forging, the court may by warrant authorise the person or persons to whom it is issued — ( d ) to enter that place with such assistance as may be required; ( e ) to search it in the manner, if any, specified in the warrant; ( f ) to take possession of any goods, property, document, seal, stamp or coin found in it which any of those persons reasonably suspects to be the subject of an offence committed under section 4 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975 or to be stolen, unlawfully obtained, forged, false or counterfeit, and also of any such instrument and material as aforesaid; ( g ) to convey any such goods, property, document, seal, stamp, coin, instrument or material before a Magistrate’s Court, or to guard the same on the spot until the offender is taken before a Magistrate’s Court, or otherwise to dispose thereof in some place of safety; and ( h ) to take into custody and produce before a Magistrate’s Court every person found in that place who appears to have been privy to the deposit, sale or manufacture or keeping of any such goods, property, document, seal, stamp, coin, instrument or material knowing or having reasonable cause to suspect — (i) the goods to have been the subject of an offence committed under section 4 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975; (ii) the property to have been stolen or otherwise unlawfully obtained; (iii) the document, seal, stamp or coin to have been forged, falsified or counterfeited; or (iv) the instrument or material to have been or to be intended to be used for counterfeiting any coin or stamp or for forging.


document_id: cpc-2010
provision_ref: s26
chapter: PART 4 - INFORMATION TO POLICE AND
section: 26
title: Form of search warrant
content:
26. —(1) A search warrant issued by a court under this Code must be in writing bearing the seal of the court, and signed by a Magistrate or District Judge (as the case may be), or in the case of the General Division of the High Court, by a Judge or by the Registrar of the Supreme Court. [40/2019] (2) A search warrant must ordinarily be issued to the Commissioner of Police and to one or more other police officers to be designated by name in the warrant, and all or any of those police officers may execute it. (3) The court may in appropriate circumstances issue a search warrant to one or more named persons who are not police officers, and all or any of those persons may execute it. (4) The court may, if it thinks fit, specify in a search warrant the particular place or part of it to be searched or inspected, and the person charged with executing the warrant must then search or inspect only the specified place or part thereof. (5) A search warrant is subject to such conditions as may be specified by the court and remains in force for the number of days stated in the warrant.


document_id: cpc-2010
provision_ref: s27
chapter: PART 4 - INFORMATION TO POLICE AND
section: 27
title: Setting aside search warrant
content:
27. —(1) A court issuing a search warrant may suspend or cancel the warrant if there are good reasons to do so. (2) Where a search warrant is suspended or cancelled, the court must as soon as is reasonably practicable, inform the person or persons to whom the search warrant is issued of the suspension or cancellation.


document_id: cpc-2010
provision_ref: s28
chapter: PART 4 - INFORMATION TO POLICE AND
section: 28
title: When search warrant issued to person other than police officer
content:
28. —(1) The court must specify the following conditions in every search warrant issued under section 26(3): ( a ) a list or description of the documents or things, or class of documents or things, that the person executing the search warrant may seize pursuant to the search; ( b ) whether section 31(2) applies, and if so, the extent of its application; ( c ) the amount of bond that the person executing the warrant must sign to ensure that the warrant is properly executed and the peace is kept. (2) The court may, in addition to the conditions in subsection (1), specify in any search warrant issued under section 26(3) such conditions as it deems necessary for the proper execution of the warrant and the prevention of any breach of the peace.


document_id: cpc-2010
provision_ref: s29
chapter: PART 4 - INFORMATION TO POLICE AND
section: 29
title: Execution of search warrant
content:
29. —(1) The person granted a search warrant must conduct the search in accordance with the warrant and with this Code. (2) Entry and search under a search warrant must be conducted during such period of time as may be specified in the warrant. (3) If the occupier of a place to be entered and searched is present when the person granted the search warrant seeks to execute it, the person granted the warrant must — ( a ) identify himself or herself to the occupier and — (i) if he or she is a police officer, show the occupier documentary evidence that he or she is such a police officer; or (ii) if he or she is not a police officer, show the occupier his or her original identity card or travel document as proof of his or her identity; ( b ) show the occupier the warrant; and ( c ) if requested, give the occupier a copy of the warrant. (4) If the occupier is not present when the person granted the search warrant seeks to execute it, but some other person who appears to be in charge of the place is present, then subsection (3) applies to that other person as if that other person were the occupier. (5) If a search warrant is issued by a court under section 26(3), the person issued the warrant must, after duly executing the warrant, report that fact to the court and submit the list prepared under section 37(1).


document_id: cpc-2010
provision_ref: s30
chapter: PART 4 - INFORMATION TO POLICE AND
section: 30
title: Search for person wrongfully confined
content:
30. —(1) A court may issue a search warrant if there is reason to believe that a person is confined under such circumstances that the confinement amounts to an offence. (2) The police officer or person granted the search warrant may search for the confined person in accordance with the terms of the warrant. (3) The confined person, if found, must as soon as reasonably practicable, be taken before the court, and the court is to make an order that is appropriate in the circumstances. (4) If information is given to a police officer that there is reasonable cause for suspecting that any person is unlawfully confined in a place, and the police officer has reason to believe that a delay in obtaining a search warrant is likely to adversely affect the rescue of the confined person or the arrest of the person responsible for confining the confined person, that police officer may immediately proceed to enter and search the place without a search warrant.


document_id: cpc-2010
provision_ref: s31
chapter: PART 4 - INFORMATION TO POLICE AND
section: 31
title: Person in charge of closed place to allow search
content:
31. —(1) Where a police officer or other person executing any search under this Division demands entry or access to a place liable to search under this Division, the occupier or any person in charge of the place must allow him or her free entry or access and provide all reasonable facilities for a search in it. (2) If free entry or access to that place cannot be obtained under subsection (1), it is lawful in any case for the police officer or other person executing the search warrant to break open any outer or inner door or window of any place or to use any other reasonable means in order to gain entry or access into the place.


document_id: cpc-2010
provision_ref: s32
chapter: PART 4 - INFORMATION TO POLICE AND
section: 32
title: Search without warrant for stolen property
content:
32. —(1) If information is given to any police officer of or above the rank of sergeant that there is reasonable cause for suspecting that any stolen property is concealed or lodged in any place and the police officer has good grounds for believing that by reason of the delay in obtaining a search warrant such property is likely to be removed, he or she may search for the property alleged to have been stolen in the place specified without a search warrant. (2) A list of all the articles found upon a search conducted under subsection (1) and alleged to have been stolen or missing must be delivered or taken down in writing with a declaration stating that an offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating has been committed and that the informant has good grounds for believing that the property is deposited in that place. (3) The person who lost the property or the person’s representative must accompany the officer in the search for that property under subsection (1) unless that person or that person’s representative cannot be found without unreasonable delay.


document_id: cpc-2010
provision_ref: s33
chapter: PART 4 - INFORMATION TO POLICE AND
section: 33
title: Summary search
content:
33. —(1) The Commissioner of Police may authorise any police officer in writing to enter any place in the circumstances mentioned in subsection (2) to search, seize and secure any property which the police officer believes to have been stolen as if the police officer had a search warrant for the property seized. (2) The circumstances mentioned in subsection (1) are — ( a ) when the place to be searched is, or has in the 12 months preceding the search been, occupied or used by any person who has been convicted of the offence of receiving stolen property or of harbouring thieves; or ( b ) when the place to be searched is occupied or used by any person who has been convicted of any offence involving fraud or dishonesty punishable with imprisonment. (3) In authorising any police officer under subsection (1), it is not necessary for the Commissioner of Police to specify any particular property if the Commissioner of Police has reason to believe generally that the place to be searched is being made a storage for stolen property.


document_id: cpc-2010
provision_ref: s34
chapter: PART 4 - INFORMATION TO POLICE AND
section: 34
title: Search by police officer in arrestable case
content:
34. —(1) A police officer investigating an arrestable offence may, without a search warrant, search or cause a search to be made for a document or other thing in any place where he or she has reason to believe the document or thing is located if — ( a ) the police officer considers the document or thing to be necessary for his or her investigation and if the police officer has reason to believe that — (i) a person who has been or may be issued with an order under section 20(1) will not or is unlikely to produce the document or thing or give access to it as directed in the order; or (ii) the document or thing is in the possession or power of a person who is reasonably suspected of having committed the arrestable offence; [Act 5 of 2024 wef 01/08/2024] ( b ) the police officer has reason to believe that the document or thing, which he or she considers to be necessary for his or her investigation, is likely to be removed; or ( c ) it is not known who possesses the document or thing which he or she considers to be necessary for his or her investigation. [Act 5 of 2024 wef 01/08/2024] Explanation 1.—If a police officer considers that a document connected to the work of a person (who is reasonably suspected of having committed an arrestable offence) is necessary for the police officer’s investigation and the police officer has reason to believe that the document is located in the person’s place of residence, the police officer may search that place if the police officer has reason to believe that the document is in the possession or power of the person. [Act 5 of 2024 wef 01/08/2024] Explanation 2.—If a police officer considers that an item is necessary for the police officer’s investigation and the police officer has reason to believe that the item is located in the premises of a person where another person ( A ) (who is reasonably suspected of having committed an arrestable offence) is at, the police officer may search those premises if the police officer has reason to believe that the item is in the possession or power of A . [Act 5 of 2024 wef 01/08/2024] Explanation 3.—If a police officer considers that a document is necessary for the police officer’s investigation and the police officer has reason to believe that the document is located in one or more places of residence and workplaces of a person (who is reasonably suspected of having committed an arrestable offence), the police officer may search all or any of those premises if the police officer has reason to believe that the document is in the possession or power of the person. [Act 5 of 2024 wef 01/08/2024] (2) The police officer in subsection (1) must, if reasonably practicable, conduct the search in person. (2A) A reference to a police officer in this section includes a reference to a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act 2004 and the lawful directions of the police officer he or she assists. [10/2015] (3) The provisions of this Code relating to searches pursuant to search warrants apply, with the necessary modifications, to a search made under this section. (4) Any person who obstructs the lawful exercise by a police officer of the power under subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000; or ( b ) in any other case — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 5 of 2024 wef 01/08/2024] (5) An offence under subsection (4) is an arrestable offence. [Act 5 of 2024 wef 01/08/2024]


document_id: cpc-2010
provision_ref: s35
chapter: PART 4 - INFORMATION TO POLICE AND
section: 35
title: Powers to seize property in certain circumstances
content:
35. —(1) A police officer may seize, or prohibit the disposal of or dealing in, any property — ( a ) in respect of which an offence is suspected to have been committed; ( b ) which is suspected to have been used or intended to be used to commit an offence; or ( c ) which is suspected to constitute evidence of an offence. (2) If the property liable to be seized under subsection (1) is held or suspected to be held in an account or a safe deposit box in a financial institution, a police officer of or above the rank of inspector may, by written order — ( a ) direct the financial institution to deliver the property to any police officer; or ( b ) direct the financial institution not to allow any dealings in respect of the property in such account or safe deposit box for such period as may be specified in the order. (3) A police officer to whom any property has been delivered under subsection (2)( a ) must, as soon as is reasonably practicable, make a report of his or her receipt of the property at a police station. (4) A police officer may exercise the powers conferred under this section despite any provision in any other law relating to the seizure of, or the prohibition of any disposal of or dealing in, any property. (5) Where any property held in an account in a financial institution is subject to a written order made by a police officer under subsection (2)( b ) — ( a ) any interest or other earnings on the account, or any other payments, may be credited into the account after the date on which the written order was made; and ( b ) any such interest, other earnings or payments are deemed to be subject to that same written order. (6) Any financial institution which contravenes an order made under subsection (2)( a ) or ( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000. (7) A court may — ( a ) subsequent to an order of a police officer made under subsection (2); and ( b ) on the application of any person who is prevented from dealing with property, order the release of the property or any part of the property. (8) The court may only order a release of property under subsection (7) if it is satisfied that — ( a ) such release is necessary for the payment of basic expenses, including any payment for foodstuff, rent, the discharge of a mortgage, medicine, medical treatment, taxes, insurance premiums and public utility charges; ( b ) such release is necessary exclusively for — (i) the payment of reasonable professional fees and the reimbursement of any expenses incurred in connection with the provision of legal services; or (ii) the payment of fees or service charges imposed for the routine holding or maintenance of the property which the person is prevented from dealing in; ( c ) such release is necessary for the payment of any extraordinary expenses; ( d ) the property is the subject of any judicial, administrative or arbitral lien or judgment, in which case the property may be used to satisfy the lien or judgment, provided that the lien or judgment arose or was entered before the order was made under subsection (2)( b ); or ( e ) such release is necessary, where the person is a company incorporated in Singapore, for any day‑to‑day operations of the company. (9) In this section, property in respect of which an offence is suspected to have been committed and property which is suspected to have been used or intended to be used to commit an offence include — ( a ) such property as was originally in the possession or under the control of any person; ( b ) any property into or for which the property which was originally in the possession or under the control of any person has been converted or exchanged and anything acquired by such conversion or exchange, whether immediately or otherwise; and ( c ) if the property mentioned in paragraph ( a ) or ( b ) is money kept in an account in a financial institution, any interest or other earnings on such account or any other payment which is credited into such account after the date — (i) on which the offence is suspected to have been committed; or (ii) on which the property is suspected to have been used or intended to be used to commit an offence. (10) A reference to a police officer in this section includes a reference to a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act 2004 and the lawful directions of the police officer he or she assists. [10/2015]


document_id: cpc-2010
provision_ref: s36
chapter: PART 4 - INFORMATION TO POLICE AND
section: 36
title: Forfeiture of counterfeit currency or banknote, etc.
content:
36. —(1) Any police officer of or above the rank of sergeant, upon being satisfied that any person has in the person’s possession — ( a ) any counterfeit currency or any die, instrument or material for the purpose of counterfeiting any currency; or ( b ) any forged or counterfeit banknote or any machinery, instrument or material used for the forging or counterfeiting of any banknote, may, without warrant and with or without assistance, enter and search any place where any such currency or banknote or any such die, machinery, instrument or material is kept and seize any such currency, banknote, die, machinery, instrument or material. [15/2019] (2) Anything seized under subsection (1) must, by order of the court before which any person is tried relating to such possession, or where there is no trial, by order of a Magistrate, be forfeited and must be destroyed or otherwise disposed of in such manner as the Minister may direct. (3) In this section, “banknote”, “currency”, “die” and “instrument” have the meanings given by the Penal Code 1871. [15/2019]


document_id: cpc-2010
provision_ref: s37
chapter: PART 4 - INFORMATION TO POLICE AND
section: 37
title: List of all things seized to be made and signed
content:
37. —(1) A police officer or any other person making a search under this Division must prepare and sign a list of all things seized during the search, recording the location where each such thing is found. (2) In every case, the occupier or person in charge of the place searched, or a person acting on behalf of the occupier or person in charge, may attend during the search, and must be given a signed copy of the list.


document_id: cpc-2010
provision_ref: s38
chapter: PART 4 - INFORMATION TO POLICE AND
section: 38
title: Power of court to impound document or other thing produced
content:
38. A court may, if it thinks fit, impound any document or other thing taken under this Code and produced before it.


document_id: cpc-2010
provision_ref: s39
chapter: PART 4 - INFORMATION TO POLICE AND
section: 39
title: Power to access computer
content:
39. —(1) Subject to subsection (1A), a police officer or an authorised person investigating an arrestable offence may, at any time — ( a ) access, inspect and check the operation in or from Singapore of a computer (whether in Singapore or elsewhere) that the police officer or authorised person has reasonable cause to suspect is or has been used in connection with, or contains or contained evidence relating to, the arrestable offence; ( b ) use any such computer in or from Singapore, or cause any such computer to be used in or from Singapore — (i) to search any data contained in or available to such computer; and (ii) to make a copy of any such data; ( c ) prevent any other person from gaining access to, or using, any such computer (including by changing any username, password or other authentication information required to gain access to the computer); or ( d ) order any person — (i) to stop accessing or using or to not access or use any such computer; or (ii) to access or use any such computer only under such conditions as the police officer or authorised person may specify. [19/2018] [Act 5 of 2024 wef 01/08/2024] (1A) Where the data mentioned in subsection (1)( b ) is customer information, an authorised person mentioned in subsection (1) must be — ( a ) an authorised officer mentioned in paragraph ( a ) of the definition of “authorised person” in subsection (6); or ( b ) an authorised officer mentioned in paragraph ( b ) of the definition of “authorised person” in subsection (6) who is investigating an offence under a specified law. [Act 5 of 2024 wef 01/08/2024] (2) The police officer or authorised person may also order any of the following persons to provide any assistance mentioned in subsection (2A): ( a ) any person whom the police officer or authorised person reasonably suspects of using, or of having used, the computer in connection with the arrestable offence; ( b ) any person having charge of, or otherwise concerned with the operation of, the computer; ( c ) any person whom the police officer or authorised person reasonably believes has knowledge of or access to any username, password or other authentication information required to gain access to the computer. [19/2018] (2A) For the purposes of subsection (2), the types of assistance are as follows: ( a ) assistance to gain access to the computer (including assistance through the provision of any username, password or other authentication information required to gain access to the computer); ( b ) assistance to prevent a person (other than the police officer or authorised person) from gaining access to, or using, the computer, including assistance in changing any username, password or other authentication information required to gain access to the computer. [19/2018] (2B) Without limiting subsection (1), where the police officer or authorised person knows that the computer mentioned in that subsection is located outside Singapore, or does not know whether that computer is located in or outside Singapore, the police officer or authorised person — ( a ) may exercise the powers under subsection (1) in relation to that computer, or any data contained in or available to that computer, if — (i) the owner of that computer consents to the exercise of those powers; or (ii) the police officer or authorised person obtains access to that computer through the exercise of any power of investigation under any written law, such as in any of the following circumstances: (A) the access is obtained with the assistance mentioned in subsection (2A)( a ) provided under subsection (2) by a person having charge of, or otherwise concerned with the operation of, that computer; (B) the access is obtained through an active connection with, or through any username, password or other authentication information stored in, another computer, which has been seized under section 35 and accessed under subsection (1); (C) the access is obtained through any username, password or other authentication information contained in any document seized under section 35; (D) the access is obtained through any username, password or other authentication information provided in any statement made by any person examined under section 22; and ( b ) may exercise the powers under subsection (1)( b ) in relation to any data contained in or available to that computer, if the owner of that data consents to the exercise of those powers. [19/2018] (3) Any person who obstructs the lawful exercise by a police officer or an authorised person of any power under subsection (1)( a ), ( b ) or ( c ), or who fails to comply with any order of the police officer or authorised person under subsection (1)( d ) or (2), shall be guilty of an offence and shall be liable on conviction — ( a ) in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000; or ( b ) in any other case — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [19/2018] (4) An offence under subsection (3) is an arrestable offence. (5) A person who had acted in good faith under subsection (1) or in compliance with a requirement under subsection (1)( d ) or (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act. [19/2018] (6) In this section and section 40 — “authorised person” means — ( a ) a forensic specialist appointed under section 65A of the Police Force Act 2004, or any other person, who is authorised in writing by the Commissioner of Police for the purposes of this section or section 40 or both; ( b ) any officer of a prescribed law enforcement agency mentioned in paragraph ( a ), ( b ) or ( c ) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section; or ( c ) any other officer of a prescribed law enforcement agency mentioned in paragraph ( d ) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing, by the head of that law enforcement agency, for the purposes of this section or section 40 or both; “customer information” — ( a ) in relation to a bank or merchant bank, has the meaning given by section 40A of the Banking Act 1970; and a reference in that section to a bank is a reference to a bank or merchant bank; and ( b ) in relation to a licensed trust company, means information protected under section 49 of the Trust Companies Act 2005; “prescribed law enforcement agency” means — ( a ) the Inland Revenue Authority of Singapore; ( b ) the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders; ( c ) the Singapore Customs; or ( d ) any other law enforcement agency prescribed, by order in the Gazette , by the Minister charged with the responsibility for that law enforcement agency; “specified law” means — ( a ) in relation to an offence investigated by the Inland Revenue Authority of Singapore — (i) the Goods and Services Tax Act 1993; or (ii) the Income Tax Act 1947; ( b ) in relation to an investigation of an offence conducted by the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders — (i) the Employment Agencies Act 1958; (ii) the Employment of Foreign Manpower Act 1990; or (iii) the Prevention of Human Trafficking Act 2014; and ( c ) in relation to an offence investigated by the Singapore Customs — (i) the Chemical Weapons (Prohibition) Act 2000; (ii) the Customs Act 1960; (iii) the Free Trade Zones Act 1966; (iv) the Regulation of Imports and Exports Act 1995; (v) the Strategic Goods (Control) Act 2002; or (vi) the United Nations Act 2001. [Act 5 of 2024 wef 01/08/2024]


document_id: cpc-2010
provision_ref: s40
chapter: PART 4 - INFORMATION TO POLICE AND
section: 40
title: Power to access decryption information
content:
40. —(1) For the purposes of investigating an arrestable offence, the Public Prosecutor may by order authorise a police officer or an authorised person to exercise, in addition to the powers under section 39, all or any of the powers under this section. (2) The police officer or authorised person mentioned in subsection (1) is entitled to — ( a ) access any information, code or technology which has the capability of retransforming or unscrambling encrypted data into readable and comprehensible format or text for the purposes of investigating the arrestable offence; ( b ) require — (i) any person whom the police officer or authorised person reasonably suspects of using a computer in connection with an arrestable offence or of having used it in this way; or (ii) any person having charge of, or otherwise concerned with the operation of, such computer, to provide the police officer or authorised person with such reasonable technical and other assistance as he or she may require for the purposes of paragraph ( a ); and ( c ) require any person whom the police officer or authorised person reasonably suspects to be in possession of any decryption information to grant the police officer or authorised person access to such decryption information as may be necessary to decrypt any data required for the purposes of investigating the arrestable offence. (3) Any person who obstructs the lawful exercise by a police officer or an authorised person of the powers under subsection (2)( a ) or who fails to comply with any requirement of the police officer or authorised person under subsection (2)( b ) or ( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. (4) Where a person is convicted of an offence under subsection (3) and it is shown that the encrypted data contains evidence relevant to the planning, preparation or commission of a specified serious offence, the person shall, in lieu of the punishment prescribed under subsection (3) — ( a ) be liable to be punished with the same punishment prescribed for that specified serious offence, except that the punishment imposed shall not exceed a fine of $50,000 or imprisonment for a term not exceeding 10 years or both; or ( b ) be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both where the specified serious offence is punishable on conviction with death or imprisonment for life. (5) For the purposes of subsection (4) but subject to subsection (6), “specified serious offence” means an offence under any of the following written laws: ( a ) any written law which provides for any offence involving the causing of death or bodily harm; ( b ) any written law relating to actions or the threat of actions prejudicial to national security; ( c ) any written law relating to radiological or biological weapons; ( d ) the Guns, Explosives and Weapons Control Act 2021 or the Arms and Explosives Act 1913 * repealed by that Act; [Act 3 of 2021 wef 01/07/2025] [ * Updated to be construed with the 2020 Revised Edition] ( e ) the Chemical Weapons (Prohibition) Act 2000; ( f ) the Corrosive and Explosive Substances and Offensive Weapons Act 1958; ( g ) the Hijacking of Aircraft and Protection of Aircraft and International Airports Act 1978; ( h ) the Kidnapping Act 1961; ( i ) the Maritime Offences Act 2003; ( j ) the Official Secrets Act 1935; ( k ) the Infrastructure Protection Act 2017; ( l ) the Statutory Bodies and Government Companies (Protection of Secrecy) Act 1983; ( m ) the Strategic Goods (Control) Act 2002; ( n ) the Terrorism (Suppression of Financing) Act 2002; ( o ) the United Nations (Anti-Terrorism Measures) Regulations; ( p ) such other written law as the Minister may, by order in the Gazette , specify. [41/2017] (6) An offence is not a specified serious offence for the purposes of subsection (4) unless the maximum punishment prescribed for that offence, whether for a first or subsequent conviction, is — ( a ) imprisonment for a term of 5 years or more; ( b ) imprisonment for life; or ( c ) death. (7) In proceedings against any person for an offence under this section, if it is shown that that person was in possession of any decryption information at any time before the time of the request for access to such information, that person is presumed for the purposes of those proceedings to have continued to be in possession of that decryption information at all subsequent times, unless it is shown that the decryption information — ( a ) was not in that person’s possession at the time the request was made; and ( b ) continued not to be in that person’s possession after the request was made. (8) A person who had acted in good faith or in compliance with a requirement under subsection (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act. (9) In this section — “data” means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer; “decryption information” means information, code or technology or part thereof that enables or facilitates the retransformation or unscrambling of encrypted data from its unreadable and incomprehensible format to its plain text version; “encrypted data” means data which has been transformed or scrambled from its plain text version to an unreadable or incomprehensible format, regardless of the technique utilised for such transformation or scrambling and irrespective of the medium in which such data occurs or can be found for the purposes of protecting the content of such data; “plain text version” means the original data before it has been transformed or scrambled to an unreadable or incomprehensible format. Division 3 &#x2014; Powers of investigation for
offences related to statement recording


document_id: cpc-2010
provision_ref: s40A
chapter: PART 4 - INFORMATION TO POLICE AND
section: 40A
title: Powers of investigation of certain law enforcement officers when recording statements
content:
40A. —(1) An officer of a prescribed law enforcement agency (other than the Singapore Police Force) who — ( a ) is authorised by any written law other than this section to exercise the powers of a police officer under this Code in relation to an investigation into an arrestable offence when investigating an offence under that written law; and ( b ) records a statement during such an investigation by making an audiovisual recording, may investigate any offence under regulations made under section 428(2)( b ) committed in relation to that audiovisual recording, and is, by virtue of this section, taken to have the same powers mentioned in paragraph ( a ), despite anything to the contrary in that other written law. [14/2019] (2) For the purposes of this section and section 40B, the Minister charged with the responsibility for any law enforcement agency may, by order in the Gazette , prescribe the law enforcement agency as a prescribed law enforcement agency. [14/2019]


document_id: cpc-2010
provision_ref: s40B
chapter: PART 4 - INFORMATION TO POLICE AND
section: 40B
title: Officer deemed to be of certain rank
content:
40B. For the purpose of section 40A, when an officer of a prescribed law enforcement agency is exercising the powers pursuant to that section when investigating an offence in relation to an audiovisual recording, the officer is deemed to be a police officer not below the rank of inspector of police. [14/2019] Division 4 &#x2014; Powers of investigation for
offences related to processes to compel appearance of accused


document_id: cpc-2010
provision_ref: s40C
chapter: PART 4 - INFORMATION TO POLICE AND
section: 40C
title:
Powers of investigation of certain law enforcement officers when investigating certain bail or bond offences

content:
40C. —(1) An officer of a prescribed law enforcement agency may investigate — ( a ) an offence under section 103(5) in relation to a person accused of an offence (called in this section the relevant offence) and who is released on bail or on his or her personal bond, if the relevant offence is one which the prescribed law enforcement agency is authorised under any written law (other than this section) to investigate; or ( b ) an offence under section 106A(2), if the agreement mentioned in section 106A(1) is made in relation to a bail bond for an offence which the prescribed law enforcement agency is authorised under any written law (other than this section) to investigate. (2) When carrying out any investigation under subsection (1), an officer of a prescribed law enforcement agency may exercise all or any of the powers of a police officer under this Code in relation to an investigation into an arrestable case. (3) For the purposes of this section, the Minister charged with the responsibility for home affairs may, by order in the Gazette , prescribe a law enforcement agency as a prescribed law enforcement agency. [Act 5 of 2024 wef 26/05/2025]


document_id: cpc-2010
provision_ref: s40D
chapter: PART 4 - INFORMATION TO POLICE AND
section: 40D
title:
Powers of investigation of certain law enforcement officers when investigating offence of leaving Singapore without travel document

content:
40D. —(1) If — ( a ) the head or an authorised director of any relevant law enforcement agency or a person of a similar rank (called in this section the relevant person), or an officer of a relevant law enforcement agency (called in this section the relevant officer), pursuant to section 112(1)( b ) or ( c ), respectively, has required a person whom the relevant person or relevant officer has reasonable grounds for believing has committed an offence to surrender the person’s travel document; and ( b ) the person commits an offence under section 112(4B), the relevant person, the relevant officer, or any other officer from the same relevant law enforcement agency as the relevant person or relevant officer, may investigate the offence under section 112(4B). (2) When carrying out any investigation under subsection (1), the relevant person, the relevant officer, or any other officer from the same relevant law enforcement agency as the relevant person or relevant officer may exercise all or any of the powers of a police officer under this Code in relation to an investigation into an arrestable case. (3) For the purposes of this section, the Minister charged with the responsibility for home affairs may, by order in the Gazette , prescribe any law enforcement agency as a relevant law enforcement agency. [Act 5 of 2024 wef 26/05/2025] Division 5 &#x2014; Forensic medical examination


document_id: cpc-2010
provision_ref: s40E
chapter: PART 4 - INFORMATION TO POLICE AND
section: 40E
title: Interpretation of this Division
content:
40E. In this Division — “accused person” means any person who has been concerned in an offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of the person having been so concerned or involved; “body sample” includes any of the following: ( a ) a sample of blood; ( b ) a sample of head hair, including the roots of the head hair; ( c ) a sample of a fingernail or toenail or any substance from under a fingernail or toenail; ( d ) a sample of urine; ( e ) a sample of saliva; ( f ) a sample taken from any body part of an individual by way of a swab or other sampling means; “forensic medical examination” or “FME”, in relation to any individual, means any one or more of the following: ( a ) a physical medical examination of the individual; ( b ) the taking of a body sample from the individual; ( c ) the taking of a photograph of any body part of the individual; ( d ) the taking of an impression or cast of a wound from any external body part of the individual; “forensic specialist” means a person appointed under section 65A of the Police Force Act 2004, or any other person who is authorised in writing by the Commissioner of Police for the purposes of this Division; “intimate part” means — ( a ) an individual’s genital or anal region; or ( b ) the breasts of a woman; “invasive sample” means any body sample that is obtained by means of any invasive procedure and includes a sample of blood; “medical practitioner” means a medical practitioner registered or exempted from registration under the Medical Registration Act 1997; “nurse” means a registered nurse or enrolled nurse within the meaning of the Nurses and Midwives Act 1999; “photograph” includes a digital image and a moving visual record. [Act 5 of 2024 wef 26/05/2025]


document_id: cpc-2010
provision_ref: s40F
chapter: PART 4 - INFORMATION TO POLICE AND
section: 40F
title: When FME is required
content:
40F. —(1) Subject to subsection (2) and section 40H, any police officer may require an individual to undergo an FME for the purpose of searching for a thing, or evidence of a thing — ( a ) that is relevant to an offence that is reasonably suspected to have been committed; and ( b ) the existence or absence of which on or in the body of the individual is or may be relevant to the investigation of the offence. (2) If an FME involves an intimate part of an individual, only a police officer of or above the rank of inspector may require the individual to undergo the FME. [Act 5 of 2024 wef 26/05/2025]


document_id: cpc-2010
provision_ref: s40G
chapter: PART 4 - INFORMATION TO POLICE AND
section: 40G
title: Who may carry out FME and how it is to be carried out
content:
40G. —(1) For the purposes of this Division, a police officer or a forensic specialist may carry out an FME on an individual, except that the following FME may only be carried out by a medical practitioner or a nurse: ( a ) an FME involving a physical medical examination of the individual; ( b ) an FME involving the taking of an invasive sample from the individual, other than the taking of a blood sample by way of pricking the individual’s finger. (2) Before taking a body sample from an individual, the person taking the body sample, and any other person giving instruction in relation to or overseeing the taking of the body sample, must satisfy himself or herself that it does not endanger the individual. (3) If an FME carried out by a police officer or a forensic specialist involves an intimate part of an individual — ( a ) the FME must be carried out with such reasonable privacy measures in place as are necessary to prevent the FME from being seen by any person other than — (i) any person carrying out the FME; (ii) any person giving instruction in relation to or overseeing the FME; and (iii) where the individual is an accused person, any officer escorting the individual; and ( b ) the FME may only be carried out by a woman if the individual is a woman. [Act 5 of 2024 wef 26/05/2025]


document_id: cpc-2010
provision_ref: s40H
chapter: PART 4 - INFORMATION TO POLICE AND
section: 40H
title: Consent of alleged victim to undergo FME required in certain circumstances
content:
40H. —(1) Subject to subsections (2) and (3), a police officer must not, under section 40F, require an alleged victim to undergo an FME unless — ( a ) in the case where the alleged victim has reached 16 years of age — the alleged victim consents; ( b ) in the case where the alleged victim has not reached 16 years of age but has reached 14 years of age — both the alleged victim and the alleged victim’s parent or guardian consent; and ( c ) in the case where the alleged victim has not reached 14 years of age — the alleged victim’s parent or guardian consents. (2) Where a police officer acting under section 40F has reasonable grounds to believe that — ( a ) the alleged victim mentioned in subsection (1)( a ) or ( b ) is unable to give consent to undergo an FME within a reasonable time due to any physical or mental condition (whether permanent or temporary); and ( b ) any delay in carrying out the FME on the alleged victim may result in any loss, degradation or contamination of any evidence that is relevant to the investigation of the offence committed against the alleged victim, then — ( c ) in relation to the alleged victim mentioned in subsection (1)( a ) — (i) the alleged victim’s consent to undergo the FME is not required; but (ii) the alleged victim’s deputy or donee (as the case may be), if any, must consent to the alleged victim undergoing the FME; and ( d ) in relation to the alleged victim mentioned in subsection (1)( b ) — (i) the alleged victim’s consent to undergo the FME is not required; but (ii) either the alleged victim’s deputy, or if there is no such deputy, the alleged victim’s parent or guardian, must consent to the alleged victim undergoing the FME. (3) Despite subsections (1) and (2), the consent of an alleged victim’s parent, guardian, deputy or donee (as the case may be) under those provisions is not required if — ( a ) the police officer acting under section 40F has reasonable grounds to believe that any delay in carrying out the FME on the alleged victim may result in any loss, degradation or contamination of any evidence that is relevant to the investigation of the offence committed against the alleged victim; and ( b ) any of the following applies: (i) the consent of the alleged victim’s parent, guardian, deputy or donee (as the case may be) cannot be obtained despite all reasonable efforts; (ii) the police officer acting under section 40F has reasonable grounds to believe that there is no parent, guardian, deputy or donee (as the case may be) of the alleged victim who can give such consent; (iii) the parent, guardian, deputy or donee (as the case may be) of the alleged victim who can give such consent — (A) is being investigated in relation to the offence committed against the alleged victim; (B) is a person whom the police officer acting under section 40F has reasonable grounds to believe has a motive to conceal the commission of the offence against the alleged victim; or (C) has abstained from giving consent for the FME to be carried out on the alleged victim. (4) In this section — ( a ) an alleged victim is unable to give consent where he or she is unable to understand the nature and consequence of the FME that is to be carried out; ( b ) “deputy”, in relation to an alleged victim, means a deputy appointed or deemed to be appointed by the court under the Mental Capacity Act 2008 with power in relation to the alleged victim for the purposes of this section; and ( c ) “donee”, in relation to an alleged victim, means a donee under a lasting power of attorney registered under the Mental Capacity Act 2008 with power in relation to the alleged victim for the purposes of this section. [Act 5 of 2024 wef 26/05/2025]


document_id: cpc-2010
provision_ref: s40I
chapter: PART 4 - INFORMATION TO POLICE AND
section: 40I
title: Reasonable force to carry out FME in certain cases
content:
40I. —(1) Where — ( a ) an accused person is required to undergo an FME under this Division which does not involve — (i) a physical medical examination of the accused person’s intimate parts; (ii) the taking of an invasive sample from the accused person; (iii) the taking of a body sample from the accused person’s intimate parts; or (iv) the taking of a photograph of the accused person’s intimate parts; and ( b ) the accused person — (i) refuses, without reasonable excuse, to undergo such FME; or (ii) otherwise hinders or obstructs the carrying out of such FME, an authorised officer may, with such assistance as is required, use such force as is reasonably necessary for the purpose of carrying out such FME. (2) In this section, “authorised officer” means — ( a ) any police officer or auxiliary police officer; ( b ) any forensic specialist; or ( c ) any other person authorised by the Commissioner of Police for the purposes of this section. [Act 5 of 2024 wef 26/05/2025]


document_id: cpc-2010
provision_ref: s40J
chapter: PART 4 - INFORMATION TO POLICE AND
section: 40J
title: Offence for refusal to undergo FME
content:
40J. —(1) Where an accused person is required to undergo an FME under this Division, the accused person commits an offence if the accused person, without reasonable excuse — ( a ) refuses to undergo the FME; or ( b ) otherwise hinders or obstructs the carrying out of the FME. (2) An accused person commits an offence under subsection (1) regardless of whether the FME which the accused person is required to undergo is carried out by reasonable force under section 40I. (3) Any person (other than the accused person) who, without reasonable excuse, hinders or obstructs the carrying out of the FME mentioned in subsection (1), commits an offence. (4) Any accused person who is guilty of an offence under subsection (1) or a person who is guilty of an offence under subsection (3) shall be liable on conviction to imprisonment for a term which may extend to 7 years, or to a fine, or to both. [Act 5 of 2024 wef 26/05/2025]


document_id: cpc-2010
provision_ref: s40K
chapter: PART 4 - INFORMATION TO POLICE AND
section: 40K
title: Inferences against accused person for refusal to undergo FME
content:
40K. —(1) Where in any criminal proceeding, it is shown that the accused person who is required to undergo an FME under this Division has refused to undergo the FME without reasonable excuse, the court may in determining — ( a ) whether to commit the accused person for trial in connection with the crime of which he or she is accused; ( b ) whether there is a case to answer against the accused person; or ( c ) whether the accused person is guilty of the crime with which he or she has been charged, draw any inference from the refusal that the court thinks proper. (2) The refusal by the accused person to undergo an FME required of him or her may on the basis of the inference mentioned in subsection (1), be treated as, or as capable of amounting to, corroboration of any evidence given against the accused person in relation to which the refusal is material. [Act 5 of 2024 wef 26/05/2025]


document_id: cpc-2010
provision_ref: s41
chapter: PART 5 - PREVENTION OF OFFENCES
section: 41
title: Security for keeping peace on conviction
content:
41. —(1) When a person is charged with and convicted of — ( a ) rioting, assault or any other breach of the peace or abetting any such offence; ( b ) an offence under section 143, 144, 145, 153 or 504 of the Penal Code 1871, under section 13A, 13B, 13C or 13D of the Miscellaneous Offences (Public Order and Nuisance) Act 1906 in force before 15 November 2014 or under section 3, 4, 5 or 6 of the Protection from Harassment Act 2014; ( c ) assembling armed men or taking other unlawful measures for such purpose; or ( d ) committing criminal intimidation by threatening injury to any person or property, and the court before which that person is convicted believes that that person must execute a bond for keeping the peace, then the court may, at the time of passing sentence on that person, or instead of any sentence, order that person to execute a bond for a sum proportionate to that person’s means, with or without sureties, for keeping the peace for a period not exceeding 2 years. [17/2014; 5/2015] (2) If the conviction is set aside on appeal or otherwise, the bond so executed becomes void.


document_id: cpc-2010
provision_ref: s42
chapter: PART 5 - PREVENTION OF OFFENCES
section: 42
title: Security for keeping peace by complainant
content:
42. —(1) If, during or after a trial, the court considers that a complainant is or has been behaving in such a way that the complainant should be ordered to execute a bond to keep the peace, the court may require the complainant to show cause why the complainant should not be ordered to execute a bond to keep the peace for a period not exceeding 2 years. (2) The evidence which the court relies on under subsection (1) must be read to the complainant, but it is not necessary to recall any witness unless the complainant desires to cross‑examine the witness. (3) The court may deal with this proceeding either as part of the case out of which it has arisen or as a separate proceeding.


document_id: cpc-2010
provision_ref: s43
chapter: PART 5 - PREVENTION OF OFFENCES
section: 43
title: Security for keeping peace generally
content:
43. If it appears to a court that a person is likely to breach the peace or do a wrongful act that might lead to a breach of the peace, the court may require the person to show cause why the person should not be ordered to execute a bond to keep the peace for a period not exceeding 2 years.


document_id: cpc-2010
provision_ref: s44
chapter: PART 5 - PREVENTION OF OFFENCES
section: 44
title: Security for good behaviour from suspected offenders, etc.
content:
44. —(1) A court may require a person to show cause why the person should not be ordered to execute a bond for his or her good behaviour for a period not exceeding 2 years, if it appears to the court that — ( a ) the person is trying to conceal his or her presence and there is reason to believe that he or she is doing so with a view to committing an offence; ( b ) the person has no apparent means of supporting himself or herself or is unable to give a satisfactory account of himself or herself; or ( c ) the person orally or in writing disseminates or tries to disseminate or in any way helps to disseminate — (i) any material which forms the subject matter of a charge under section 267C, 298A or 505 of the Penal Code 1871 † ; or [Act 30 of 2021 wef 02/11/2022] (ii) any matter concerning a Judge or a judicial officer amounting to criminal intimidation or defamation under the Penal Code 1871. [†Updated to be consistent with the 2020 Revised Edition] (2) No proceeding may be taken under subsection (1)( c ) except with the consent of the Public Prosecutor.


document_id: cpc-2010
provision_ref: s45
chapter: PART 5 - PREVENTION OF OFFENCES
section: 45
title: Security for good behaviour from habitual offenders
content:
45. A court may require a person to show cause why the person should not be ordered to execute a bond for his or her good behaviour for a period not exceeding 2 years, if it appears to the court that — ( a ) the person habitually commits offences; ( b ) the person habitually associates with robbers, housebreakers, thieves, prostitutes or people who have no apparent means of subsistence; or ( c ) the person is so desperate or dangerous as to pose a risk to the community when at large.


document_id: cpc-2010
provision_ref: s46
chapter: PART 5 - PREVENTION OF OFFENCES
section: 46
title: Order to show cause
content:
46. Where a court acting under section 43, 44 or 45 considers it necessary to require any person to show cause under the section, it must make an order in writing setting out — ( a ) the information received on which the court is acting; ( b ) the amount of the bond to be executed; ( c ) how long the bond will be in force; and ( d ) the number of sureties (if any) required.


document_id: cpc-2010
provision_ref: s47
chapter: PART 5 - PREVENTION OF OFFENCES
section: 47
title: Procedure in respect of person subject to order
content:
47. —(1) If the person subject to an order under section 46 is present in court, the order must be read to him or her or, if he or she wishes, explained to him or her. (2) If the person subject to the order is not present in court, the court must issue a summons requiring the person to appear or, if he or she is in custody, a warrant instructing the officer in whose custody the person is to bring the person before the court. (3) The court may issue a warrant for a person’s arrest if the court is satisfied that, based on a police officer’s report or other information, there is reason to fear a breach of the peace and that this can be prevented only by the person’s immediate arrest. (4) A copy of the order under section 46 must accompany every summons or warrant issued under subsection (2) or (3). (5) The copy of the order must be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.


document_id: cpc-2010
provision_ref: s48
chapter: PART 5 - PREVENTION OF OFFENCES
section: 48
title: Attendance of person required to execute bond
content:
48. The court may, if it has good reasons, dispense with the personal attendance of a person subject to an order under section 46, and permit the person to appear by an advocate.


document_id: cpc-2010
provision_ref: s49
chapter: PART 5 - PREVENTION OF OFFENCES
section: 49
title: Inquiry as to truth of information
content:
49. —(1) When an order under section 46 has been read or explained under section 47(1) to a person present in court or when a person appears or is brought before the court in compliance with a summons or in execution of a warrant under section 47, the court must then inquire into the truth of the information on which it has acted and will take further evidence as appears necessary. (2) The inquiry must follow as closely as practicable the procedure prescribed in this Code for conducting trials, except that no charge need be framed. (3) For the purposes of this section, a person’s habitual offending may be proved by evidence of the person’s general reputation or in other ways.


document_id: cpc-2010
provision_ref: s50
chapter: PART 5 - PREVENTION OF OFFENCES
section: 50
title: Order to give security
content:
50. —(1) If after an inquiry under section 49, the court is satisfied that the person subject to the order must execute a bond in order to keep the peace or maintain good behaviour, the court must make such order as is appropriate. (2) The bond may be with or without sureties and — ( a ) must not be larger than the amount or longer than the period specified in the order made under section 46; and ( b ) the amount of the bond must be fixed with due regard to the circumstances of the case and must not be excessive but must be such as to afford the person against whom the order is made a fair chance of complying with it. (3) If the court is satisfied that a bond is not necessary, the court must release the person subject to the order. Division 2 &#x2014; Proceedings following order to provide security


document_id: cpc-2010
provision_ref: s51
chapter: PART 5 - PREVENTION OF OFFENCES
section: 51
title: Start of period for which security is required
content:
51. —(1) If any person subject to an order under section 41 or 50 is, at the time the order is made, sentenced to or undergoing imprisonment, the period for which the security is required will begin at the end of that sentence. (2) In all other cases, the period will begin on the date of the order.


document_id: cpc-2010
provision_ref: s52
chapter: PART 5 - PREVENTION OF OFFENCES
section: 52
title: Contents of bond
content:
52. —(1) The bond to be executed by any person subject to an order under section 41 or 50 (as the case may be) binds the person — ( a ) to keep the peace; or ( b ) to be of good behaviour. (2) In the case of subsection (1)( b ), it is a breach of the bond to commit, attempt to commit or abet the commission of an offence punishable with imprisonment.


document_id: cpc-2010
provision_ref: s54
chapter: PART 5 - PREVENTION OF OFFENCES
section: 54
title: Imprisonment in default of security
content:
54. —(1) If a person ordered to give security under section 41 or 50 fails to do so by the date on which the period for the security is to begin, the court may commit the person to prison for a period not exceeding the period for which the security is ordered to be given. (2) If the person mentioned in subsection (1) is already in prison, he or she must stay there until the end of the term that the court has determined under subsection (1) or until he or she gives the security as ordered, whichever is the earlier.


document_id: cpc-2010
provision_ref: s55
chapter: PART 5 - PREVENTION OF OFFENCES
section: 55
title: Power to release person imprisoned for failing to give security
content:
55. —(1) When a court decides that a person imprisoned for failing to give security under this Part may be released without danger to the community or to another person, the court may order that person to be released. (2) A court other than the General Division of the High Court must not exercise this power except in cases where the imprisonment is under its own order or that of a similar court. [40/2019]


document_id: cpc-2010
provision_ref: s56
chapter: PART 5 - PREVENTION OF OFFENCES
section: 56
title: Discharge of surety
content:
56. —(1) Any surety for the peaceable conduct or good behaviour of a person may at any time apply to a court to cancel any bond executed under this Part. (2) On receiving the application, the court must issue a summons or warrant, as it thinks fit, requiring the person for whom that surety is bound to appear or to be brought before it. (3) When that person comes before the court, the court must cancel the bond and order that person to provide adequate security for the remaining term of the bond. (4) Every such order referred to in subsection (3) is to be treated as made under section 41 or 50 and in such a case, sections 52 to 55 apply accordingly. Division 3 &#x2014; Unlawful assemblies


document_id: cpc-2010
provision_ref: s57
chapter: PART 5 - PREVENTION OF OFFENCES
section: 57
title: Who may order unlawful assembly to disperse
content:
57. —(1) A police officer may command an unlawful assembly or an assembly of 5 or more people likely to cause a disturbance of the public peace to disperse, and the members of the assembly must then disperse. (2) Nothing in this Division derogates from the powers conferred on any person under the Public Order Act 2009.


document_id: cpc-2010
provision_ref: s58
chapter: PART 5 - PREVENTION OF OFFENCES
section: 58
title: When unlawful assembly may be dispersed by use of civil force
content:
58. —(1) If any such assembly does not disperse as commanded, or shows a determination not to disperse, any police officer may disperse the assembly by force and, if necessary, arrest and confine the participants, and may require any male civilian to help. (2) In this section, “civilian” means any person who is not a regular serviceman, full-time national serviceman or operationally ready national serviceman who has reported for service in the Singapore Armed Forces.


document_id: cpc-2010
provision_ref: s59
chapter: PART 5 - PREVENTION OF OFFENCES
section: 59
title: Use of military force
content:
59. If any such assembly cannot be otherwise dispersed and it is necessary for the public security that it should be dispersed, the Minister or the Commissioner of Police or a Deputy Commissioner of Police may cause it to be dispersed by military force.


document_id: cpc-2010
provision_ref: s60
chapter: PART 5 - PREVENTION OF OFFENCES
section: 60
title:
Minister or Commissioner of Police or Deputy Commissioner of Police may require any officer in command of troops to disperse unlawful assembly

content:
60. —(1) When the Minister or the Commissioner of Police or a Deputy Commissioner of Police determines to disperse any such assembly by military force, he or she may require any commissioned or non‑commissioned officer in command of any sailors, soldiers or airmen in the Singapore Armed Forces to disperse the assembly by military force and to arrest and confine the persons forming part of it as the Minister or Commissioner of Police or the Deputy Commissioner of Police directs or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law. [19/2018] (2) Every such officer must obey such requisition in such manner as he or she thinks fit, but in so doing he or she must use as little force and do as little injury to person and property as is consistent with dispersing the assembly and arresting and confining those persons.


document_id: cpc-2010
provision_ref: s61
chapter: PART 5 - PREVENTION OF OFFENCES
section: 61
title: When commissioned officer may disperse unlawful assembly by military force
content:
61. When the public security is manifestly endangered by any such assembly and when neither the Minister nor the Commissioner of Police nor a Deputy Commissioner of Police can be communicated with, any commissioned officer in the Singapore Armed Forces may disperse such assembly by military force and may arrest and confine the persons forming part of it as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law, but if while he or she is acting under this section it becomes practicable for him or her to communicate with the Minister, the Commissioner of Police or a Deputy Commissioner of Police, he or she must do so and thereafter obey the instructions of the Minister, the Commissioner of Police or the Deputy Commissioner of Police as to whether he or she is to continue the action or not. [19/2018]


document_id: cpc-2010
provision_ref: s62
chapter: PART 5 - PREVENTION OF OFFENCES
section: 62
title: Protection against prosecution for acts done under this Division
content:
62. No prosecution against the Minister or any police officer or officer, sailor, soldier or airman in the Singapore Armed Forces for any act purporting to be done under this Division may be instituted in any criminal court except with the sanction of the President, and — ( a ) no police officer acting under this Division in good faith; ( b ) no commissioned officer acting under section 61 in good faith; ( c ) no person doing any act in good faith in compliance with a requisition under section 58 or 60; and ( d ) no inferior officer, sailor, soldier or airman or member of the Singapore Armed Forces doing any act in obedience to any order which under naval, military or air force law he or she was bound to obey, is deemed thereby to have committed an offence. [19/2018] Division 4 &#x2014; Preventive action of police


document_id: cpc-2010
provision_ref: s63
chapter: PART 5 - PREVENTION OF OFFENCES
section: 63
title: Prevention of offences and use of lethal force by police
content:
63. —(1) Any police officer who has reasonable grounds to suspect that any offence may be committed may intervene for the purpose of preventing and must, to the best of his or her ability, use all lawful means to prevent the commission of the offence. (2) Without limiting subsection (1), a police officer may act in any manner (including doing anything likely to cause the death of, or grievous hurt to, any person) if the police officer has reasonable grounds to believe that — ( a ) the person (whether acting alone or in concert with any other person) is doing or about to do, something which may amount to a terrorist act; and ( b ) such act by the police officer is necessary to apprehend the person. (3) In this section, “lawful means” includes — ( a ) removing a person from any place; and ( b ) taking away any thing, which a person has in the person’s possession, that the police officer reasonably suspects is intended to be used in the commission of the offence. [19/2018]


document_id: cpc-2010
provision_ref: s64
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 64
title: When arrest may be made without warrant
content:
64. —(1) Any police officer may, without a warrant, arrest any person who — ( a ) has been concerned in an arrestable offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of the person having been so concerned or involved; ( b ) possesses a housebreaking tool without being able to provide a lawful excuse for having it; ( c ) has been proclaimed as an offender under section 88; ( d ) possesses anything that may reasonably be suspected to be stolen or fraudulently obtained property, and who may reasonably be suspected of having committed an offence in acquiring it; ( e ) obstructs a police officer while the police officer is doing his or her duty, or has escaped or tries to escape from lawful custody; ( f ) is reasonably suspected of being a deserter from any force mentioned in section 140B of the Penal Code 1871 or to which Chapter 7 of that Code may be extended; ( g ) is trying to conceal his or her presence in circumstances that suggest he or she is doing so with a view to committing an arrestable offence; ( h ) has no apparent means of subsistence or who cannot give a satisfactory account of himself or herself; ( 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 ) commits or attempts to commit a breach of the peace in the police officer’s presence; ( k ) is known to be planning to commit an arrestable offence, if it appears to the police officer that the offence cannot otherwise be prevented; ( l ) is subject to police supervision and who has failed to comply with this Code or any other written law; or ( m ) has breached any detention order under any written law. (2) This section does not affect any other law empowering a police officer to arrest without a warrant.


document_id: cpc-2010
provision_ref: s65
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 65
title: Arrest on refusal to give name and residence to police officer
content:
65. —(1) A police officer may arrest any person who is accused of committing, or who commits in the view or presence of the police officer, a non-arrestable offence if, on the demand of the police officer, the person refuses to give his or her name, residential address or unique identification number. [Act 5 of 2024 wef 31/05/2024] (2) A police officer may arrest such a person who gives a residential address outside Singapore, or a name, residential address or unique identification number which the police officer has reason to believe is false. [Act 5 of 2024 wef 31/05/2024] (3) Any person arrested under this section must either — ( a ) be brought to a police station as soon as reasonably practicable and may, if required by a police officer of or above the rank of sergeant, be released upon signing a bond with or without surety to appear before a Magistrate; or ( b ) subject to subsection (3A), be released without being brought to a police station upon verification of his or her name, residential address and unique identification number. [Act 5 of 2024 wef 31/05/2024] (3A) Where a person is arrested under this section as well as for an arrestable offence, he or she may, instead of being released under subsection (3)( b ), be brought to a police station in respect of the arrestable offence after the verification of his or her name, residential address and unique identification number. [Act 5 of 2024 wef 31/05/2024] (4) If the person refuses or is unable to sign the bond as required under subsection (3)( a ), the person must, within 24 hours of the arrest (excluding the time necessary for the journey to a Magistrate’s Court), be brought before a Magistrate’s Court. [Act 5 of 2024 wef 31/05/2024] (5) The person who is brought before a Magistrate’s Court under subsection (4) may — ( a ) be ordered to be detained in custody until the person can be tried; or ( b ) if so required by the Magistrate, be released upon signing a bond, with or without surety, to appear before a Magistrate’s Court. (6) In this section, “unique identification number” means — ( a ) a person’s identity card number, passport number or the number of any other similar document of identity issued by a government authority as evidence of the person’s nationality or place of residence, and includes a foreign identification number; or ( b ) where a person (who is a Singapore citizen or a permanent resident) is a minor who has not yet been issued with an identity card number, the person’s birth certificate number. [Act 5 of 2024 wef 31/05/2024]


document_id: cpc-2010
provision_ref: s66
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 66
title: Arrest by private person
content:
66. —(1) Any private person may arrest any person who, in the private person’s view or presence, commits an arrestable non‑bailable offence, or who has been proclaimed as an offender under section 88. (2) The private person must, without unnecessary delay, hand over the arrested person to a police officer. [Act 5 of 2024 wef 31/05/2024] (3) If there is reason to believe that the arrested person is a person mentioned in section 64(1), a police officer must re‑arrest him or her. (4) If there is reason to believe that the arrested person has committed a non-arrestable offence and he or she refuses to give his or her name and residential address when required by a police officer, or gives a residential address outside Singapore, or a name or residential address that the police officer has reason to believe is false, the arrested person may be dealt with under section 65. (5) If there is no reason to believe that the arrested person has committed any offence, he or she must be released at once. (6) A person who commits an offence against any other person (called in this subsection the victim) or the victim’s property may, if — ( a ) the person’s name and residential address are unknown; ( b ) the person gives a residential address outside Singapore; or ( c ) the person gives a name or residential address which the victim or any person who is using the victim’s property in relation to which the offence is committed, or which the employee of either of those persons, or which any person authorised by or acting in aid of either of those persons, has reason to believe is false, be apprehended by the victim, employee or such person mentioned in paragraph ( c ). (7) The person apprehended under subsection (6) may be detained until he or she can be delivered into the custody of a police officer, and subsections (3), (4) and (5) thereafter apply. (8) If any person being lawfully apprehended under subsection (6) assaults or forcibly resists the person by whom he or she is so apprehended, he or she shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.


document_id: cpc-2010
provision_ref: s67
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 67
title: How arrested person to be dealt with
content:
67. A police officer making an arrest without warrant must, without unnecessary delay and subject to the provisions of this Code on bail or previous release, take or send the person arrested before a Magistrate’s Court.


document_id: cpc-2010
provision_ref: s68
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 68
title: Person arrested not to be detained more than 48 hours
content:
68. —(1) Unless the court orders otherwise under section 92(3)( a ) or 93(3B)( a ), no police officer may detain in custody a person who has been arrested without a warrant for a longer period than under all the circumstances of the case is reasonable. [19/2018] (2) The period must not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. Division 2 &#x2014; Arrest with warrant


document_id: cpc-2010
provision_ref: s69
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 69
title: Warrant to whom directed
content:
69. —(1) An arrest warrant must ordinarily be directed to the Commissioner of Police or to the head of any law enforcement agency, or any person of a similar rank in a law enforcement agency. [19/2018] (2) An arrest warrant — ( a ) if directed to the Commissioner of Police, may be executed by any police officer or any person appointed by the Commissioner of Police; or ( b ) if directed to the head of any law enforcement agency, or any person of a similar rank in a law enforcement agency, may be executed by any person appointed by the head or person of a similar rank. [19/2018] (3) The court issuing an arrest warrant may direct it to any person or persons by name or office and such person or persons may execute the warrant. (4) When an arrest warrant is directed to more than one person, all or any of them may execute it.


document_id: cpc-2010
provision_ref: s70
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 70
title: Arrest of person subject to warrant
content:
70. A person subject to an arrest warrant may be arrested by a person authorised to execute the warrant or by a police officer.


document_id: cpc-2010
provision_ref: s71
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 71
title: Form of arrest warrant
content:
71. —(1) An arrest warrant issued by a court under this Code must be in writing bearing the seal of the court and signed by a Magistrate or District Judge (as the case may be), or in the case of the General Division of the High Court, by a Judge or by the Registrar of the Supreme Court. [40/2019] (2) The arrest warrant remains in force until it is executed, or cancelled by a court.


document_id: cpc-2010
provision_ref: s72
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 72
title: Court may endorse on warrant security to be taken
content:
72. —(1) A court issuing an arrest warrant may direct by endorsement on the warrant that, if the person subject to the arrest warrant executes a bond with sufficient sureties for the person’s attendance at the next sitting of the court after the day of arrest and at every subsequent sitting until the court directs otherwise, then the person to whom the warrant is directed must take such security and release the person subject to the arrest warrant from custody. (2) The endorsement must state — ( a ) the number of sureties; and ( b ) the amount that the sureties and the person subject to the arrest warrant are respectively bound. (3) When security is taken under this section, the person to whom the warrant is directed must, when required, send the bond to the court.


document_id: cpc-2010
provision_ref: s73
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 73
title: Notification of content of warrant
content:
73. The police officer or other person executing an arrest warrant must inform the arrested person of the content of the warrant and, if required, show him or her the warrant or a copy of it.


document_id: cpc-2010
provision_ref: s74
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 74
title: Arrested person to be brought before court without delay
content:
74. Subject to section 72, the police officer or other person executing an arrest warrant must bring the arrested person to the court before which the police officer or other person is required by law to produce the arrested person without unnecessary delay. Division 3 &#x2014; General provisions for arrests
with or without warrant


document_id: cpc-2010
provision_ref: s75
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 75
title: How to arrest
content:
75. —(1) In making an arrest, the police officer or other person must touch or confine the body of the person to be arrested unless he or she submits to arrest by word or action. (2) If the person forcibly resists or tries to evade arrest, the police officer or other person may use all reasonable means necessary to make the arrest.


document_id: cpc-2010
provision_ref: s77
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 77
title: Search of place entered by person sought to be arrested
content:
77. —(1) If a police officer with authority to arrest or a person acting under an arrest warrant has reason to believe that the person to be arrested is inside any place and demands entry to that place, any person residing in or in charge of the place must allow the police officer or person acting under an arrest warrant free entry and provide all reasonable facilities for a search in it. (2) If entry to that place cannot be gained under subsection (1), it is lawful for a police officer with authority to arrest or a person acting under an arrest warrant to enter and search the place. (3) In any case in which an arrest warrant may be issued but cannot be obtained without the risk of the person to be arrested escaping, a police officer may enter and search the place. (4) After stating his or her authority and purpose and demanding entry to a place, a police officer with authority to arrest or a person acting under an arrest warrant who is unable to obtain entry may, for the purposes of subsection (2) or (3), break open any outer or inner door or window or use any other reasonable means to gain such entry.


document_id: cpc-2010
provision_ref: s78
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 78
title: Search of person arrested and his or her premises
content:
78. —(1) Whenever — ( a ) a person is arrested by a police officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or ( b ) a person is arrested without warrant by a police officer or a private person under a warrant and the person arrested cannot legally be admitted to bail or is unable to furnish bail, the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom the private person hands over the person arrested, may search the person arrested and place in safe custody all articles other than necessary wearing apparel found upon him or her. (1A) Whenever a person is arrested by a police officer or an arrested person is handed over to a police officer under section 66, the police officer may search the person arrested and place in safe custody any article that the person arrested may potentially use to cause harm to himself or herself or to any other person. [Act 5 of 2024 wef 31/05/2024] (2) A police officer investigating an arrestable offence under Part 4 may — ( a ) enter any place belonging to or under the control of any person who — (i) is under arrest in connection with the offence; (ii) is reasonably believed to be connected with the offence; or (iii) is reasonably believed to have given shelter to the person under arrest; and ( b ) search the place for any evidence of the offence.


document_id: cpc-2010
provision_ref: s79
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 79
title: Power to seize offensive weapons
content:
79. Any police officer or person making any arrest under this Code may take from the person arrested any offensive weapons which the arrested person has about his or her person, and must deliver all weapons so taken to a police station.


document_id: cpc-2010
provision_ref: s80
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 80
title: Search for name and address
content:
80. A person lawfully in custody who, because of incapacity from intoxication, illness, mental disorder, physical disability or infancy, cannot give a reasonable account of himself or herself may be searched to find out his or her name and address.


document_id: cpc-2010
provision_ref: s81
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 81
title: Detention and search of persons in place searched
content:
81. —(1) 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 completed. (2) If the thing sought in a place can be concealed on a person, each person found in the place may be searched for it by or in the presence of a police officer of or above the rank of sergeant.


document_id: cpc-2010
provision_ref: s82
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 82
title: Mode of freeing persons
content:
82. A police officer or other person authorised to make an arrest may break open a place to free himself or herself or any other person who, having lawfully gone inside to make an arrest, is detained in it.


document_id: cpc-2010
provision_ref: s83
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 83
title: Mode of searching women
content:
83. —(1) Except as provided in subsection (2), whenever it is necessary to cause a woman to be searched, the search must be made by a relevant officer who is a woman. [19/2018] (2) A search of a woman may be made by a relevant officer who is a man, if (and only if) all of the following conditions are satisfied: ( a ) the relevant officer reasonably suspects the woman of committing, attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, a terrorist act; ( b ) the relevant officer believes in good faith that the terrorist act is imminent; ( c ) the relevant officer believes in good faith that the search cannot be made within a reasonable time by a relevant officer who is a woman. [19/2018] (3) Every search mentioned in subsection (1) or (2) must be made with strict regard to decency. [19/2018] (4) In this section, “relevant officer” means a police officer or an officer of the Immigration & Checkpoints Authority. [19/2018]


document_id: cpc-2010
provision_ref: s84
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 84
title: Power to pursue and arrest after escape or rescue
content:
84. —(1) If a person ( A ) in lawful custody escapes or is rescued — ( a ) the person who has lawful custody of A at the time of A ’s escape or rescue; ( b ) where the person who has lawful custody of A at the time of A ’s escape or rescue is from a prescribed law enforcement agency or a specified law enforcement agency — any specified officer of any specified law enforcement agency; or ( c ) any police officer, may immediately pursue and arrest A for the purpose of returning A to the place where A was in lawful custody. [Act 5 of 2024 wef 01/08/2024] (2) Sections 77 and 82 apply to any arrest under subsection (1) even if the person making the arrest is not acting under an arrest warrant and is not a police officer having authority to arrest. (3) In this section — “prescribed law enforcement agency” means a law enforcement agency prescribed for the purposes of subsection (1)( b ) by the Minister charged with the responsibility for home affairs; “specified law enforcement agency” means — ( a ) the Central Narcotics Bureau; ( b ) the Immigration & Checkpoints Authority; or ( c ) the Singapore Prison Service; “specified officer” means — ( a ) in relation to the Central Narcotics Bureau — an officer of the Bureau as defined in section 2 of the Misuse of Drugs Act 1973; ( b ) in relation to the Immigration & Checkpoints Authority — an immigration officer as defined in section 2 of the Immigration Act 1959; and ( c ) in relation to the Singapore Prison Service — a prison officer as defined in section 2 of the Prisons Act 1933. [Act 5 of 2024 wef 01/08/2024]


document_id: cpc-2010
provision_ref: s85
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 85
title: Release of arrested person
content:
85. A person arrested by a police officer must not be released except on the person’s own bond or on bail, or by a written order of a court or of a police officer of or above the rank of sergeant.


document_id: cpc-2010
provision_ref: s86
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 86
title: Public assistance in arrests
content:
86. Every person is bound to help a police officer or any other person authorised to make an arrest reasonably demanding the person’s aid — ( a ) in arresting a person whom the police officer or other person is authorised to arrest; ( b ) in preventing a breach of the peace or in preventing any person from damaging any public property; or ( c ) in suppressing a riot or an affray.


document_id: cpc-2010
provision_ref: s87
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 87
title: Assisting person other than police officer to execute warrant
content:
87. If a warrant is granted to a person who is not a police officer, any other person may help in executing the warrant if the person to whom the warrant is granted is near at hand and engaged in executing it. Division 4 &#x2014; Proclamation and attachment


document_id: cpc-2010
provision_ref: s88
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 88
title: Proclamation for person absconding
content:
88. —(1) If a court has reason to believe, whether after taking evidence or not, that a person against whom a warrant of arrest has been issued has absconded or is hiding so that the warrant cannot be executed, the court may publish a written proclamation requiring the person to appear at a specified place and at a specified time not less than 30 days after the date of publication. (2) The proclamation must be published — ( a ) in a daily newspaper; ( b ) by leaving a copy of it at the person’s last known address; ( c ) by affixing a copy of it to any bulletin board in the court house; ( d ) by affixing a copy of it to the bulletin board in the office of the Town Council established under section 4 of the Town Councils Act 1988 that is nearest to the person’s last known address; or ( e ) by affixing a copy of it to a bulletin board of any community centre or clubhouse established under the People’s Association Act 1960 that is nearest to the person’s last known address. (3) A statement by the court issuing the proclamation stating that the proclamation was published on a specified day in a specified manner, or on a specified day at a specified place, is conclusive of that fact.


document_id: cpc-2010
provision_ref: s89
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 89
title: Attachment of property of person proclaimed
content:
89. —(1) After issuing a proclamation under section 88, the court may order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person. (2) If the property consists of debts or other movable property, the attachment may be made by all or any of the following methods: ( a ) by seizure; ( b ) by the appointment of a receiver; ( c ) by an order in writing prohibiting the delivery of the property to the proclaimed person or any person on the proclaimed person’s behalf. (3) If the property to be attached is immovable property, the attachment may be made by all or any of the following methods: ( a ) by taking possession; ( b ) by the appointment of a receiver; ( c ) by an order in writing prohibiting the payment of rent or delivery of any instrument of title to the proclaimed person or any person on the proclaimed person’s behalf. (4) The powers, duties and liabilities of a receiver appointed under this section are the same as those of a receiver appointed by the General Division of the High Court under its civil jurisdiction. [40/2019] (5) An attachment of immovable property has no effect until the order of attachment is registered under the Registration of Deeds Act 1988 or the Land Titles Act 1993, as the case may be. (6) If the proclaimed person does not appear within the time specified in the proclamation, the attached property is at the disposal of the Government, but it must not be disposed of until the end of a reasonable period set by the court, having regard to the nature of the property.


document_id: cpc-2010
provision_ref: s90
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 90
title: Application for release of attached property
content:
90. —(1) Any person, including the person proclaimed, may apply to the court for the release of the property attached under section 89 or for the net proceeds of sale if sold. (2) Such an application must be supported by an affidavit stating the reason for the release of the property or the net proceeds of the sale, and served on the Public Prosecutor. (3) The court, after hearing the parties, may make such order as it thinks fit, including an order for the applicant to pay the costs of the proceeding and an order for costs to be awarded to an applicant whose property was wrongfully attached. (4) An application under this section may not be made more than 3 years from the date of attachment or the sale, whichever is the later. (5) Any hearing conducted under this section must follow as closely as practicable the procedure prescribed in this Code for conducting trials. (6) Any order for costs to be awarded to an applicant whose property was wrongfully attached is to be paid out of the Consolidated Fund. Division 5 &#x2014; Bails and bonds


document_id: cpc-2010
provision_ref: s91
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 91
title: Interpretation of this Division
content:
91. In this Division — “released person” means any person who is released on bail or on his or her personal bond, as the case may be; “surrender to custody”, in relation to a released person, means to surrender himself or herself into the custody of the court or a police officer (as the case may be) according to the bail or bond conditions at the time and place appointed for him or her to do so.


document_id: cpc-2010
provision_ref: s92
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 92
title: When person must normally be released on bail or personal bond, or on both
content:
92. —(1) When any person, except a person accused of a non‑bailable offence — ( a ) is arrested or detained without warrant by a police officer, or appears or is brought before a court; and ( b ) is prepared to give bail at any time while in the police officer’s custody or at any stage of the proceedings before the court, the person must be released on bail by a police officer in cases determined by the Commissioner of Police or by that court. [19/2018] (2) Despite subsection (1) — ( a ) the police officer or the court may, instead of taking bail from the person, release the person if the person signs a personal bond without sureties; and ( b ) the court may, instead of releasing the person on bail, release the person on bail and on personal bond by requiring the person to sign a personal bond without sureties, in addition to taking bail from the person. [19/2018] (3) Despite subsections (1) and (2), where the person is accused of an offence that is not a fine-only offence, and a court believes, on any ground prescribed in the Criminal Procedure Rules, that the person, if released, will not surrender to custody, be available for investigations or attend court, the court may order as follows: ( a ) if the person is arrested or detained without warrant by a police officer — order the police officer not to release the person on bail or on personal bond; ( b ) if the person appears or is brought before the court — refuse to release the person, whether on bail, on personal bond, or on bail and on personal bond. [19/2018] (4) Where — ( a ) a State Court orders the release of a person under this section on bail, on personal bond, or on bail and on personal bond; and ( b ) the prosecution applies to the State Court to stay execution on the order pending a review of the order by the General Division of the High Court, the State Court may stay execution on the order pending a review of the order. [19/2018; 40/2019]


document_id: cpc-2010
provision_ref: s93
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 93
title: When person accused of non-bailable offence may be released on bail or personal bond
content:
93. —(1) Subject to section 95(1), if any person accused of any non‑bailable offence is arrested or detained without warrant by a police officer, or appears or is brought before a court, the person may be released on bail by a police officer of or above the rank of sergeant or by the court. (1A) Despite subsection (1), the court may at any stage of the proceedings, instead of releasing the accused on bail, release the accused on his or her own personal bond if — ( a ) the non-bailable offence for which the accused is being released on personal bond is an offence punishable with imprisonment for not more than 7 years; and ( b ) the prosecution consents to the release of the accused on personal bond. [Act 5 of 2024 wef 01/08/2024] (1B) The prosecution may at any stage of the proceedings indicate to the court that it is withdrawing the consent mentioned in subsection (1A)( b ), and where the consent is so withdrawn, the court must — ( a ) revoke the order for release on personal bond mentioned in subsection (1A); and ( b ) consider whether to release the accused on bail. [Act 5 of 2024 wef 01/08/2024] (1C) Despite subsection (1), a police officer of or above the rank of sergeant may, instead of releasing the accused on bail, release the accused on his or her own personal bond if the non‑bailable offence for which the accused is being released on personal bond is an offence punishable with imprisonment for not more than 7 years. [Act 5 of 2024 wef 01/08/2024] (1D) To avoid doubt, subsections (1A) and (1C) do not apply where the non‑bailable offence mentioned in those subsections is an offence punishable with imprisonment for more than 7 years due to the application of an enhanced penalty provision under any written law. [Act 5 of 2024 wef 01/08/2024] Illustration A is charged under section 324 read with section 74A of the Penal Code 1871 for voluntarily causing hurt by dangerous weapons or means to a vulnerable person. As the maximum penalty for an offence under section 324 read with section 74A of the Penal Code 1871 is 14 years’ imprisonment, A is not eligible to be released on his or her own personal bond under this section. [Act 5 of 2024 wef 01/08/2024] (2) Subject to section 95(1), if, at any stage of an investigation, inquiry, trial or other proceeding under this Code, there are no reasonable grounds for believing that the accused has committed a non‑bailable offence, the police officer or court must release the accused. (3) Despite subsection (2), if there are grounds for further investigations as to whether the accused has committed some other bailable offence, then, pending the investigations, the accused must be released on bail or, at the discretion of the police officer or court, on his or her own personal bond. (3A) Despite subsections (2) and (3), the court may, instead of releasing the accused on bail or on the accused’s own personal bond, release the accused on bail and on personal bond by requiring the accused to sign a personal bond without sureties, in addition to taking bail from the accused. [19/2018] (3B) Despite subsections (2), (3) and (3A), where there are grounds for further investigations as to whether the accused has committed a bailable offence that is not a fine‑only offence, and a court believes, on any ground prescribed in the Criminal Procedure Rules, that the accused, if released, will not surrender to custody, be available for investigations or attend court, the court may — ( a ) order the police officer not to release the accused on bail or on personal bond; or ( b ) refuse to release the accused, whether on bail, on personal bond, or on bail and on personal bond. [19/2018] (3C) Where — ( a ) a State Court orders the release on bail, on personal bond, or on bail and on personal bond, of a person accused of a non‑bailable offence; and ( b ) the prosecution applies to the State Court to stay execution on the order pending a review of the order by the General Division of the High Court, the State Court must stay execution on the order pending a review of the order. [19/2018; 40/2019] (4) A police officer or a court releasing any person under this section must record in writing the reasons for so doing. (5) Any court may at any subsequent stage of any proceeding under this Code cause any person who has been released under this section to be arrested and may commit the person to prison. [Act 5 of 2024 wef 01/08/2024]


document_id: cpc-2010
provision_ref: s94
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 94
title: Conditions of bail or personal bond
content:
94. —(1) All of the following conditions are imposed when a police officer or the court grants bail or releases the accused on personal bond under section 92 or 93, unless the police officer or the court (as the case may be) specifies otherwise: ( a ) the accused must surrender the accused’s travel document; ( b ) the accused must surrender to custody, be available for investigations, or attend court, on the day and at the time and place appointed for the accused to do so, as the case may be; ( c ) the accused must not commit any offence while released on bail or on personal bond; ( d ) the accused must not interfere with any witness or otherwise obstruct the course of justice, whether in relation to the accused or in relation to any other person; ( e ) in the case of bail — any person offered as surety for an accused in a criminal matter must not be a co‑accused in the same matter. [19/2018] (1A) Despite subsection (1), where the court releases an accused on his or her own personal bond under section 93(1A), the court must impose any condition (whether or not mentioned in subsection (1)) specified by the prosecution for the accused to be released on personal bond. [Act 5 of 2024 wef 01/08/2024] (2) A police officer or the court may impose such other conditions as are necessary when granting bail or releasing the accused on personal bond under section 92 or 93. [19/2018] (3) The conditions that may be imposed in relation to an accused under subsection (2) include a requirement for the electronic monitoring of the accused’s whereabouts. [19/2018] (4) However, if the prosecution applies to a police officer or the court to impose under subsection (2) the requirement under subsection (3), the police officer or court must do so. [19/2018]


document_id: cpc-2010
provision_ref: s95
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 95
title: Exceptions to bail or release on personal bond
content:
95. —(1) An accused must not be released on bail or on personal bond if — ( a ) the accused is charged for an offence punishable with death or imprisonment for life; ( b ) the accused is accused of any non-bailable offence, and the court believes, on any ground prescribed in the Criminal Procedure Rules, that the accused, if released, will not surrender to custody, be available for investigations or attend court; or ( c ) the accused has been arrested or taken into custody under a warrant issued under section 12 or 34 of the Extradition Act 1968 or endorsed under section 33 of that Act. [19/2018] (2) Despite subsection (1), the court may — ( a ) direct that any juvenile or any sick or infirm person accused of such an offence be released on bail; ( b ) release on bail an accused charged with an offence mentioned in subsection (1)( a ), if — (i) the offence is also punishable with an alternative punishment other than death or life imprisonment; and (ii) the offence is to be tried before a District Court or a Magistrate’s Court; or ( c ) release on bail an accused who has been arrested or taken into custody under a warrant mentioned in subsection (1)( c ), if the conditions prescribed in the Criminal Procedure Rules for such release are satisfied. [19/2018] (3) In this section, “accused” includes a “fugitive” as defined in the Extradition Act 1968.


document_id: cpc-2010
provision_ref: s96
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 96
title: Amount of bond
content:
96. The amount of every bond executed under this Division must be fixed with due regard to the circumstances of the case as being sufficient to secure the attendance of the person arrested or charged.


document_id: cpc-2010
provision_ref: s97
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 97
title: Powers of General Division of High Court regarding bail
content:
97. —(1) Subject to section 95(1) and subsection (2), at any stage of any proceeding under this Code, the General Division of the High Court may — ( a ) release any accused before the General Division of the High Court on bail, on personal bond, or on bail and on personal bond; ( b ) vary the amount or conditions of the bail or personal bond required by a police officer or a State Court, or impose such other conditions for the bail or personal bond as the General Division of the High Court thinks fit; ( c ) where a State Court orders the release of a person on bail, on personal bond, or on bail and on personal bond, stay execution on the order pending a review of the order by the General Division of the High Court; or ( d ) direct that any person who has been released on bail, on personal bond, or on bail and on personal bond, under this Division be arrested, and commit that person to custody. [19/2018; 40/2019] (2) Where — ( a ) a State Court orders the release on bail, on personal bond, or on bail and on personal bond, of a person accused of a non‑bailable offence; and ( b ) the prosecution applies to the General Division of the High Court to stay execution on the order pending a review of the order by the General Division of the High Court, the General Division of the High Court must stay execution on the order pending a review of the order. [19/2018; 40/2019]


document_id: cpc-2010
provision_ref: s98
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 98
title: Application for bail or release on personal bond in General Division of High Court
content:
98. —(1) An application to the General Division of the High Court for bail or release on personal bond must, unless otherwise ordered, be supported by an affidavit stating sufficient facts to enable the court to determine whether or not such bail or release should be granted. [40/2019] (2) If the court orders that the accused or prisoner be granted bail or released on personal bond, the order must be drawn up with a direction that a warrant be issued to bring the accused or the prisoner before the court for the purpose of being bailed or released.


document_id: cpc-2010
provision_ref: s99
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 99
title: Bond to be executed
content:
99. —(1) Before any person is released on his or her personal bond under this Division, a bond for such sum of money as the police officer or court thinks sufficient must be executed by the person. (2) When a person is released on bail, the bond must be executed by one or more sufficient sureties, on condition that the released person attends on the date and at the time and place mentioned in the bond, and must continue to attend until otherwise directed by the police officer or court, as the case may be. (3) The bond may also bind the released person to appear when called on at any court to answer the charge. (4) The bond is subject to the further condition that as long as it remains in force, the released person must not leave Singapore without the permission of the police officer or the court. (5) Such permission, if granted, must be evidenced by an endorsement on the bond specifying for how long and the place to which the permission applies. (6) Such permission may be granted only on the personal application of the released person in the presence of his or her surety or sureties, if any.


document_id: cpc-2010
provision_ref: s100
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 100
title: Person to be released
content:
100. —(1) As soon as the bond has been executed, the person for whose appearance it has been executed must be released. (2) If the person is in prison, the court must issue an order of release to the officer in charge of the prison, and the officer must release him or her on receiving the order. (3) A person must not be released under this section or section 92 or 93 if the person is liable to be detained for a different matter than that for which the bond is executed.


document_id: cpc-2010
provision_ref: s101
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 101
title: Released person to give address for service
content:
101. —(1) A released person must give the court or officer releasing him or her an address where he or she can be served with any notice or process. (2) If the released person cannot be found or the notice or process cannot be served on him or her for any other reason, any notice or process left for him or her at the address given is treated as duly served on him or her.


document_id: cpc-2010
provision_ref: s102
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 102
title: Withdrawal, change of conditions, etc., of bail
content:
102. —(1) If a court has granted bail to a released person and it is shown that — ( a ) there has been a material change of circumstances; or ( b ) new facts have since come to light, the court may vary the conditions of the bail or personal bond, or impose further conditions for the bail or the personal bond, or cause the released person to be arrested and may commit him or her to custody. (2) If, through mistake, fraud or otherwise, insufficient sureties have been accepted or if they afterwards become insufficient, a court may issue an arrest warrant directing that the released person be brought before it and may order him or her to provide sufficient sureties. (3) If the released person fails to provide sufficient sureties, the court may commit him or her to custody.


document_id: cpc-2010
provision_ref: s103
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 103
title: Absconding or breaking conditions of bail or personal bond, etc.
content:
103. —(1) If a released person under a duty to surrender to custody, or to make himself or herself available for investigations or to attend court, does not do so, he or she may be arrested without a warrant. [19/2018] (2) If a released person leaves the court at any time after he or she has surrendered into its custody or after he or she has attended court on the day and at the time appointed for him or her to do so, and before the court is ready to begin or to resume the hearing of the proceedings, the court may issue a warrant for his or her arrest. (3) A released person under a duty to surrender to custody, or to make himself or herself available for investigations or to attend court on the day and at the time and place appointed for him or her to do so, may be arrested without a warrant if — ( a ) there are reasonable grounds for believing that he or she is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court; ( b ) there are reasonable grounds for believing that he or she is likely to break or has broken any of the conditions of his or her bail or personal bond; or ( c ) any of his or her sureties informs the police or court that the person is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court and that the surety therefore wishes to be relieved of his or her obligations as a surety. (4) When such a person is brought before the court pursuant to an arrest under this section and the court thinks that the person — ( a ) is unlikely to surrender to custody, or to make himself or herself available for investigations or to attend court; or ( b ) has broken or is likely to break any conditions of his or her bail or personal bond, the court may remand the person in custody or grant him or her bail subject to such conditions as it thinks fit. (5) A released person shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both, if the released person knowingly, and without reasonable excuse, fails to comply with any duty imposed on the released person — ( a ) to surrender to custody; ( b ) to be available for investigations; or ( c ) to attend court on the day and at the time and place appointed for the released person to do so. [19/2018] (6) For the purposes of subsection (5), a released person is presumed, until the contrary is proved, to have no reasonable excuse if — ( a ) on or before the date of the failure to comply with the duty, the released person left Singapore without the permission of a police officer or the court (as the case may be) and has not returned to Singapore; or ( b ) on the date of the failure to comply with the duty, the released person, being outside Singapore, remains outside Singapore without the permission of the police officer or the court, as the case may be. [19/2018]


document_id: cpc-2010
provision_ref: s104
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 104
title: Duties of surety
content:
104. A surety must — ( a ) ensure that the released person surrenders to custody, or makes himself or herself available for investigations or attends court on the day and at the time and place appointed for him or her to do so; ( b ) keep in daily communication with the released person and lodge a police report within 24 hours of losing contact with him or her; and ( c ) ensure that the released person is within Singapore unless the released person has been permitted by the police officer mentioned in section 92 or 93 (as the case may be) or the court to leave Singapore.


document_id: cpc-2010
provision_ref: s105
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 105
title: Surety may apply to have bond discharged
content:
105. —(1) A surety may at any time apply to the court to discharge the bond as far as it relates to him or her. (2) On receiving such an application, the court may issue an arrest warrant directing that the released person be produced before it. (3) When the released person appears in court under the warrant or voluntarily, the court must direct that the bond be discharged wholly or so far as it relates to the applicant and must call on the released person to provide other sufficient sureties. (4) A surety may arrest the person for whom he or she stood surety and immediately bring the person before a court, and the court must then discharge the surety’s bond and call on the released person to provide other sufficient sureties. (5) If a released person fails to provide other sufficient sureties when called on to do so under subsection (3) or (4), the court must commit him or her to custody.


document_id: cpc-2010
provision_ref: s106
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 106
title: Security instead of surety
content:
106. When a court or police officer requires a person to sign a bond with one or more sureties, the court or officer may (except in the case of a bond for good behaviour) instead permit the person to enter into his or her own personal bond and provide security acceptable to the court or officer.


document_id: cpc-2010
provision_ref: s106A
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 106A
title: Prohibition against agreements to indemnify surety, etc.
content:
106A. —(1) Any agreement (whether made before, on or after 31 October 2018) indemnifying or purporting to indemnify any person against any liability which that person may incur as a surety to a bail bond is void. [19/2018] (2) Any person who, on or after 31 October 2018, knowingly enters into an agreement mentioned in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both. [19/2018] (3) An offence under subsection (2) is committed — ( a ) whether the agreement is entered into before or after the person to be indemnified becomes a surety; ( b ) whether or not the person to be indemnified becomes a surety; and ( c ) whether the agreement contemplates compensation in money or money’s worth. [19/2018]


document_id: cpc-2010
provision_ref: s107
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 107
title: Procedure for forfeiture of bond without sureties
content:
107. —(1) This section provides for the forfeiture of the following bonds: ( a ) a personal bond without sureties; ( b ) a bond without sureties to keep the peace; ( c ) a bond without sureties for good behaviour. [14/2019] (2) If it is proved to a court’s satisfaction that — ( a ) the released person bound by a bond mentioned in subsection (1)( a ) has, without reasonable excuse, failed to comply with any duty imposed on the released person to surrender to custody, to be available for investigations, or to attend court on the day and at the time and place appointed for the released person to do so; ( b ) the person bound by a bond mentioned in subsection (1)( b ) has, without reasonable excuse, failed to keep the peace; or ( c ) the person bound by a bond mentioned in subsection (1)( c ) has failed to be of good behaviour, the court — ( d ) must record the basis of such proof; ( e ) must forfeit the bond; ( f ) may summon before the court that relevant person; ( g ) may call upon that relevant person to pay a sum, being the whole or any part of the amount of the bond, or to explain why that sum should not be paid; and ( h ) may order that the sum mentioned in paragraph ( g ) be paid by instalments. [14/2019] (3) If the explanation mentioned in subsection (2)( g ) is inadequate, and the sum mentioned in subsection (2)( g ) is not paid in full, the court may recover the amount unpaid by issuing an order for the attachment of any property, movable or immovable, belonging to the relevant person. [14/2019] (4) The attachment of any property under subsection (3) may be carried out — ( a ) by seizure of such property, which may be sold and the proceeds applied towards the payment of the amount; or ( b ) by appointing a receiver, who may take possession of and sell such property, and apply the proceeds towards the payment of the amount. [14/2019] (5) If immovable property attached under subsection (3) is sold, the officer under whose direction the attachment and sale was carried out may do any thing or act to transfer the title to the purchaser. [14/2019] (6) If the sum mentioned in subsection (2)( g ) is not paid in full or cannot be fully recovered by such attachment and sale, the court may commit to prison the relevant person for a term not exceeding 12 months. [14/2019] (7) Any person may, not later than 7 days after the date any property is seized under subsection (4)( a ) or taken possession of by the receiver under subsection (4)( b ) (as the case may be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (3), and the court may make such order as it sees fit. [14/2019] (8) Any unsatisfied part of the sum mentioned in subsection (2)( g ) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such. [14/2019] (9) The court may, on the application of a relevant person at any time after the relevant person is called upon to pay the sum mentioned in subsection (2)( g ), reduce that sum and enforce part‑payment only. [14/2019] (10) In this section, “relevant person” means — ( a ) the released person bound by a bond mentioned in subsection (1)( a ); ( b ) the person bound by a bond mentioned in subsection (1)( b ); or ( c ) the person bound by a bond mentioned in subsection (1)( c ). [14/2019]


document_id: cpc-2010
provision_ref: s107A
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 107A
title: Procedure for forfeiture of bond with sureties
content:
107A. —(1) This section provides for the forfeiture of the following bonds: ( a ) a bond with one or more sureties; ( b ) a bond with sureties to keep the peace; ( c ) a bond with sureties for good behaviour. [14/2019] (2) If it is proved to a court’s satisfaction that — ( a ) the released person for whose appearance a bond mentioned in subsection (1)( a ) was executed has, without reasonable excuse, failed to comply with any duty imposed on the released person to surrender to custody, to be available for investigations, or to attend court on the day and at the time and place appointed for the released person to do so; ( b ) the person bound by a bond mentioned in subsection (1)( b ) has, without reasonable excuse, failed to keep the peace; or ( c ) the person bound by a bond mentioned in subsection (1)( c ) has failed to be of good behaviour, the court — ( d ) must record the basis of such proof; ( e ) must forfeit the bond, as far as it relates to the relevant person; ( f ) may summon before the court each person bound by the bond; ( g ) may call upon each surety bound by the bond to explain why the bond, as far as it relates to that surety, should not be forfeited; and ( h ) may call upon the relevant person to pay a sum, being the whole or any part of the amount of the bond, or to explain why the relevant person should not pay that sum. [14/2019] (3) If the explanation given by a surety is inadequate, and it is proved to the court’s satisfaction that — ( a ) in relation to a bond mentioned in subsection (1)( a ), the surety is in breach of any of the surety’s duties mentioned in section 104; ( b ) in relation to a bond mentioned in subsection (1)( b ), the surety has, without reasonable excuse, failed to ensure that the relevant person keeps the peace; or ( c ) in relation to a bond mentioned in subsection (1)( c ), the surety has, without reasonable excuse, failed to ensure that the relevant person is of good behaviour, the court — ( d ) must record the basis of such proof; and ( e ) may, having regard to all the circumstances of the case — (i) forfeit the whole or any part of the amount of the bond, as far as it relates to the surety; and (ii) order the surety to pay the amount forfeited. [14/2019] (4) The court may order that any sum or amount mentioned in subsection (2)( h ) or (3)( e ) be paid by instalments. [14/2019] (5) If the court calls upon the relevant person to pay the sum mentioned in subsection (2)( h ), or to explain why the relevant person should not pay that sum, section 107(3) to (9) applies to the relevant person as it applies to a relevant person as defined in section 107(10). [14/2019] (6) If any amount forfeited under subsection (3)( e ) is not paid in full, the court may recover the amount unpaid by issuing an order for the attachment of any property, movable or immovable, belonging to the surety. [14/2019] (7) The attachment of any property under subsection (6) may be carried out — ( a ) by seizure of the property, which may be sold and the proceeds applied towards the payment of the amount forfeited; or ( b ) by appointing a receiver, who may take possession of and sell the property, and apply the proceeds towards the payment of the amount forfeited. [14/2019] (8) If immovable property attached under subsection (6) is sold, the officer under whose direction the attachment and sale was carried out may do any thing or act to transfer the title to the purchaser. [14/2019] (9) If the amount forfeited under subsection (3)( e ) is not paid in full or cannot be fully recovered by such attachment and sale, the court may commit to prison the surety for a term not exceeding 12 months. [14/2019] (10) Any person may, not later than 7 days after the date any property is seized under subsection (7)( a ) or taken possession of by the receiver under subsection (7)( b ) (as the case may be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (6), and the court may make such order as it sees fit. [14/2019] (11) Any unsatisfied part of the amount forfeited under subsection (3)( e ) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such. [14/2019] (12) The court may, on the application of a surety at any time after the surety is ordered to pay the amount forfeited under subsection (3)( e ), reduce that amount and enforce part‑payment only. [14/2019] (13) In this section, “relevant person” means — ( a ) the released person for whose appearance a bond mentioned in subsection (1)( a ) is executed; ( b ) the person bound by a bond mentioned in subsection (1)( b ); or ( c ) the person bound by a bond mentioned in subsection (1)( c ). [14/2019]


document_id: cpc-2010
provision_ref: s108
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 108
title: Appeal from orders
content:
108. Every order made under section 107 or 107A by any Magistrate’s Court or District Court is appealable. [19/2018]


document_id: cpc-2010
provision_ref: s109
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 109
title: Power to direct levy of amount due on bond
content:
109. The General Division of the High Court or a District Court may direct any Magistrate’s Court to exercise the court’s power of forfeiture under section 107 or 107A in respect of a bond to appear before the General Division of the High Court or District Court. [19/2018; 40/2019] Division 6 &#x2014; Notice to attend court and bonds
to appear in court


document_id: cpc-2010
provision_ref: s110
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 110
title: Notice to attend court
content:
110. —(1) Where a police officer of or above the rank of inspector has reasonable grounds for believing that a person has committed an offence, the police officer may immediately serve upon the person a prescribed notice, requiring that person to attend at the court described, and at the time and on the date specified in the notice. (2) A duplicate of the notice must be prepared by the police officer issuing the notice and, if so required by a court, produced to the court. (3) The notice may be served on the person alleged to have committed the offence in the same manner as the service of a summons under section 116.


document_id: cpc-2010
provision_ref: s111
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 111
title: Bond for appearance of complainant and witnesses
content:
111. —(1) If, during or after an investigation under Part 4, a police officer is of the opinion that there is sufficient evidence to justify starting or continuing criminal proceedings for an arrestable offence against a person, the police officer may require any complainant and any or all other persons who may be familiar with the case, to execute a bond to appear before a court and give evidence in the case against the accused. (2) After the bond has been executed, the police officer must send it to the court. (3) If the complainant or other person refuses to execute the bond, the police officer must report the matter to the court, and the court may then issue a warrant or summons to secure the attendance of the complainant or person before itself to give evidence in the case against the accused. Division 7 &#x2014; Surrender of travel document and requirement
to remain in Singapore


document_id: cpc-2010
provision_ref: s112
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 112
title: Surrender of travel document
content:
112. —(1) Despite any other written law — ( a ) a police officer of or above the rank of sergeant, with the written consent of an authorised officer; ( b ) the head or an authorised director of any other law enforcement agency or a person of a similar rank; or ( c ) any officer of a prescribed law enforcement agency, with the written consent of the head or an authorised director of that law enforcement agency or a person of a similar rank, may require a person whom he or she has reasonable grounds for believing has committed any offence to surrender the person’s travel document. [19/2018] (2) Any person who fails to surrender his or her travel document as required under subsection (1) may be arrested and taken before a Magistrate. (3) If the person arrested and taken before the Magistrate under subsection (2) is unable to show good reasons for not surrendering his or her travel document, the Magistrate may commit him or her to prison until he or she surrenders his or her travel document. (4) For the purposes of subsection (3), a certificate signed by an authorised officer, or the head or an authorised director of any law enforcement agency or a person of a similar rank, or the head or an authorised director of any prescribed law enforcement agency or a person of a similar rank (as the case may be) to the effect that the prisoner has complied with the requirements to surrender his or her travel document is sufficient warrant for the Commissioner of Prisons to release the prisoner. [1/2014; 19/2018] (4A) Any person who has surrendered that person’s travel document under this section must not leave, or attempt to leave, Singapore unless — ( a ) that person has applied under section 113 for the return of that travel document; and ( b ) that travel document is returned to that person. [19/2018] (4B) Any person who knowingly contravenes subsection (4A) shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both. [19/2018] (5) In this section and section 113 — “authorised director”, in relation to a law enforcement agency, means a director of that law enforcement agency who is authorised to perform the duties, and exercise the powers, under this section and section 113 of the head of that law enforcement agency; “authorised officer” means a police officer of or above the rank of Deputy Superintendent of Police who is authorised by the Commissioner of Police to give a written consent mentioned in subsection (1)( a ); “prescribed law enforcement agency” means a law enforcement agency prescribed for the purposes of subsection (1)( c ) by the Minister charged with the responsibility for that law enforcement agency. [19/2018]


document_id: cpc-2010
provision_ref: s113
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 113
title: Return of travel document
content:
113. —(1) A person who has surrendered his or her travel document under section 112 may apply to the authorised officer, or the head or an authorised director of the law enforcement agency or a person of similar rank, or the head or an authorised director of the prescribed law enforcement agency or a person of a similar rank (as the case may be) for the return of the travel document. [19/2018] (2) Where an application under subsection (1) has been refused, the person may apply to a District Judge for the return of his or her travel document, stating the reasons for the application. (3) The District Judge may — ( a ) grant the application subject to such conditions as to the further surrender of the travel document and the provision of security for the appearance of the applicant at such time and place in Singapore as the District Judge may determine; or ( b ) refuse the application. (4) If the applicant fails to comply with any condition of the return of the travel document, any security provided for the return may be forfeited by a Magistrate and the applicant may be arrested and dealt with in the same way that a person who fails to comply with the requirement under section 112(1) may be arrested and dealt with under section 112(2) and (3).


document_id: cpc-2010
provision_ref: s114
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 114
title: Where person acquainted with facts of investigation intends to leave Singapore
content:
114. —(1) Where a court is satisfied that any person who is acquainted with the subject matter of any investigation carried out under this Code intends to leave Singapore, the court may, having due regard to the circumstances of the person and on the application of the Public Prosecutor, by order require the person to remain in Singapore for such period as the court considers reasonable to facilitate the investigation. (2) The court may order due provision to be made for the maintenance of such person and for compensating him or her for his or her loss of time. Division 8 &#x2014; Summons to appear in court


document_id: cpc-2010
provision_ref: s115
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 115
title: Form and validity of summons, etc.
content:
115. —(1) A summons to appear issued by a court under this Code must be in writing, bearing the seal of the court and signed by a Magistrate or District Judge (as the case may be), or in the case of the General Division of the High Court, by a Judge or by the Registrar of the Supreme Court. [40/2019] (2) The summons remains in force until cancelled by the court or until the person summoned is discharged from it by a court. (3) The summons may be served by a police officer or by an officer of the court or any other person directed by the court. (4) If the summons is in connection with an offence under any written law enforceable by a public body, the summons may be served by an officer of that public body. (5) When a summons cannot be served soon enough to give reasonable notice to the person summoned to appear before the court on the date stated in the summons, the court may in writing substitute some other later date.


document_id: cpc-2010
provision_ref: s116
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 116
title: Service of summons
content:
116. —(1) A summons issued against a person must, as far as is reasonably practicable, be served in accordance with the mode of service mentioned in section 3(1)( a ). (2) A summons issued against a body corporate or a limited liability partnership must, as far as is reasonably practicable, be served in accordance with the mode of service mentioned in section 3(1)( g )(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the body corporate or limited liability partnership at the registered office or principal place of business of the body corporate or limited liability partnership. (3) A summons issued against a partnership other than a limited liability partnership must, as far as is reasonably practicable, be served in accordance with the mode of service mentioned in section 3(1)( h )(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the partnership at the registered office or principal place of business of the partnership. (4) A summons issued against an unincorporated association must, as far as is reasonably practicable, be served in accordance with the mode of service mentioned in section 3(1)( i )(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the unincorporated association at the address of the unincorporated association. (5) Despite subsections (1) to (4), a summons may be served in any manner mentioned in section 3(1) if any of the following persons (as the case may be) consents to such mode of service: ( a ) the person on whom the summons is to be served; ( b ) the director, manager or secretary or other similar officer of a body corporate or limited liability partnership on whom the summons is to be served; ( c ) any of the partners or the secretary or other similar officer of a partnership (other than a limited liability partnership) on whom the summons is to be served; ( d ) the president, the secretary or any member of the committee of an unincorporated association (or any person holding a position analogous to that of the president, secretary or member of the committee) on whom the summons is to be served. (6) Where a summons is issued against a person who cannot, by the exercise of due diligence, be found, the summons may be served by leaving a copy thereof for him or her with some adult member of his or her family or with his or her employee residing with him or her. (7) Where a summons is issued against a person who cannot, by the exercise of due diligence, be found, and the summons cannot be effected in accordance with subsection (6), the serving officer must affix a copy of the summons to some conspicuous part of the place in which the person summoned ordinarily resides, and in such a case, the summons, if the court so directs before or after such affixing, is deemed to have been duly served.


document_id: cpc-2010
provision_ref: s117
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 117
title: Proceedings against body corporate, limited liability partnership, etc.
content:
117. —(1) If a body corporate, limited liability partnership, partnership or unincorporated association is charged with an offence, either alone or jointly with some other person, a representative may appear for the body corporate, limited liability partnership, partnership or unincorporated association, as the case may be. (2) The representative may do anything on behalf of the body corporate, limited liability partnership, partnership or unincorporated association (as the case may be) that an accused may do on the accused’s own behalf under this Code. (3) A proceeding is not considered invalid only because an accused body corporate, limited liability partnership, partnership or unincorporated association has failed to appear or because its non‑appearance results in something not being done that this Code directs should be done. (4) Any failure on the part of a body corporate, limited liability partnership, partnership or unincorporated association to comply with the legal formalities relating to the appointment of a representative does not affect the validity of the court proceedings. (4A) Subsections (3) and (4) do not apply to any proceeding under Part 7A. [19/2018] (5) In this section, “representative”, in relation to a body corporate, limited liability partnership, partnership or unincorporated association, means a person duly appointed by the body corporate, limited liability partnership, partnership or unincorporated association (as the case may be) to represent it at the court proceedings. (6) A representative for the purposes of this section may be appointed by a written statement which is to be signed — ( a ) in the case of a body corporate or limited liability partnership, by a director, manager or secretary or other similar officer of the body corporate or limited liability partnership; ( b ) in the case of a partnership, by any of the partners or the secretary or other similar officer of the partnership; or ( c ) in the case of an unincorporated association, by the president, the secretary or any member of the committee of the unincorporated association (or any person holding a position analogous to that of the president, secretary or member of the committee), and such written statement is, for the purposes of this section, admissible without further proof as prima facie evidence that the person has been duly appointed as representative.


document_id: cpc-2010
provision_ref: s118
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 118
title: Service for fine-only offence
content:
118. Despite section 116, a summons for a fine-only offence may be served by sending a copy of the summons by registered post to the last known address of the person to be summoned. [19/2018]


document_id: cpc-2010
provision_ref: s119
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 119
title: Proof of service
content:
119. When a summons issued by a court is served, an affidavit of such service is admissible as evidence if the affidavit is on its face made before a person authorised to administer an oath or affirmation.


document_id: cpc-2010
provision_ref: s120
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 120
title: Issue of warrant instead of or in addition to summons
content:
120. A court in any case in which it is empowered to issue a summons for the appearance of a person may, after recording its reasons in writing, issue a warrant for the person’s arrest if — ( a ) before or after the issue of the summons but before the time fixed for the person’s appearance, the court has reason to believe that the person has absconded or will not obey the summons; or ( b ) at such time fixed for the person’s appearance, the person fails to appear, and the summons is proved to have been duly served in time to enable the person to appear in accordance with it and no reasonable excuse is offered for such failure.


document_id: cpc-2010
provision_ref: s121
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 121
title: Service of summons: reciprocal arrangements with Malaysia and Brunei Darussalam
content:
121. —(1) Where under the provisions of any law in force in Malaysia or Brunei Darussalam, a Magistrate or a Magistrate’s Court has issued a warrant or summons authorising the arrest of a person or requiring any person to appear before any court in Malaysia or Brunei Darussalam, and that person is or is believed to be in Singapore, a Magistrate in Singapore, if satisfied that the warrant or summons was duly issued in Malaysia or Brunei Darussalam, may endorse the warrant or summons, and the warrant or summons may then be executed or served (as the case may be) on that person as if it were a warrant or summons lawfully issued in Singapore under the provisions of this Code. (2) Where under the provisions of any law in force in Malaysia or Brunei Darussalam corresponding to subsection (1), a warrant or summons issued by a Magistrate or a Magistrate’s Court in Singapore has been endorsed by a Magistrate in Malaysia or Brunei Darussalam and executed or served on the person named in the warrant or summons, the warrant or summons is for the purposes of this Code deemed to have been as validly executed or served as if the execution or service had been effected in Singapore. (3) Where a warrant has been executed in Singapore pursuant to subsection (1), the person arrested must be produced as soon as possible before a Magistrate in Singapore, who must, if satisfied that the arrested person is the person specified in the warrant, direct that the arrested person be transferred forthwith in custody to the appropriate court in Malaysia or Brunei Darussalam; and any such person is while in such custody deemed for all purposes to be in lawful custody. (4) Instead of transferring the arrested person in custody to the appropriate court in Malaysia or Brunei Darussalam under subsection (3), the Magistrate may, if the Magistrate is satisfied for reasons to be recorded by him or her that it is in the interests of justice to do so and if the case is one in which bail may lawfully be granted, release the person arrested on bail conditional on the arrested person’s appearing before the appropriate court in Malaysia or Brunei Darussalam at a time to be specified in the bond and bail bond. (5) Where any person has been served with a summons pursuant to subsection (1), the person must attend at the appropriate court at the time specified in the summons, unless the person can satisfy the court that the person cannot reasonably do so.


document_id: cpc-2010
provision_ref: s122
chapter: PART 6 - ARREST AND BAIL AND PROCESSES
section: 122
title: Detention of offender attending court
content:
122. —(1) A person attending court who is not under arrest or has not been served with a summons may be detained by the court for examination for any offence which the court may deal with, and which from the evidence the person appears to have committed. (2) The court may proceed against the person as though the person had been arrested or summoned. (3) When the court proceeds against a person under this section during the course of a trial, it must begin the proceeding against the person separately. [19/2018]


document_id: cpc-2010
provision_ref: s123
chapter: PART 7 - THE CHARGE
section: 123
title: Form of charge
content:
123. —(1) Every charge under this Code must state the offence with which the accused is charged. (2) If the law that creates the offence gives it any specific name, the offence may be described in the charge by that name only. (3) 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 the accused is charged. (4) The provision of the law against which the offence is said to have been committed must be mentioned in the charge. (5) 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. (6) If the accused has been previously convicted of any offence and it is intended to prove that previous conviction for the purpose of affecting the punishment which the court is competent to award, the fact, date and place of the previous conviction must be stated in the charge; but if the statement is omitted, the court may add it at any time before sentence is passed. Illustrations ( a ) A is charged with the murder of B . This is equivalent to a statement that A ’s act fell within the definition of murder in section 300 of the Penal Code 1871; that A did not come within any of the general exceptions in Chapter 4 of that Code; and that it did not fall within any of the Exceptions to section 300 or that, if it did fall within Exception 1, one or other of the 3 provisos to that Exception applied to it. ( b ) A is charged under section 326 of the Penal Code 1871 with voluntarily causing grievous hurt to B by using an instrument for shooting. This is equivalent to a statement that section 335 of that Code and the general exceptions in Chapter 4 of that Code did not apply to it. ( c ) A is accused of murder, cheating, theft, extortion, criminal intimidation or using a false property mark. The charge may state, without referring to the definitions of those offences in the Penal Code 1871, that A committed murder or cheating or theft or extortion or criminal intimidation or that A used a false property mark, but the charge must refer to the section under which each offence is punishable. ( d ) A is charged under section 184 of the Penal Code 1871 with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words. (6A) If the accused is subject to a remission order made under the Prisons Act 1933 and it is intended to prove the remission order for the purpose of affecting the punishment the court is competent to award, the charge must state — ( a ) the fact of the remission order; and ( b ) the remaining duration of the remission order on the date of the offence stated in the charge, but if the statement is omitted, the court may add it at any time before sentence is passed. [1/2014] (7) All charges upon which persons are tried before the General Division of the High Court must be — ( a ) in accordance with the prescribed form; ( b ) brought in the name of the Public Prosecutor; and ( c ) signed by the Public Prosecutor or by some person authorised by the Public Prosecutor in that behalf and in the latter case, the words “By authority of the Public Prosecutor” must be prefixed to the signature. [40/2019]


document_id: cpc-2010
provision_ref: s124
chapter: PART 7 - THE CHARGE
section: 124
title: Details of time, place and person or thing
content:
124. —(1) The charge must 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 the accused is charged with. (2) Despite subsection (1), where the accused is charged with any offence mentioned in subsection (3) — ( a ) it is sufficient for the charge — (i) to specify the gross sum in respect of which the offence is alleged to have been committed without specifying particular items; and (ii) to specify the dates between which the offence is alleged to have been committed (being a period that does not exceed 12 months) without specifying exact dates; and ( b ) the charge so framed is deemed to be a charge of one offence. [19/2018] (3) For the purposes of subsection (2), the offences are as follows: ( a ) any offence under section 403, 404, 406, 407, 408, 409, 411, 412, 413 or 414 of the Penal Code 1871; ( b ) any offence under section 50, 51, 53, 54 or 55A of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992; ( c ) any other offence (being an offence involving property) that is prescribed. [19/2018] [Act 15 of 2023 wef 08/02/2024] (4) Despite subsections (1) and (2) and section 132, where 2 or more incidents of the commission of the same offence by the accused are alleged, and those alleged incidents taken together amount to a course of conduct (having regard to the time, place or purpose of each alleged incident) — ( a ) it is sufficient to frame one charge for all of those alleged incidents, if all of the following conditions are satisfied: (i) the charge — (A) contains a statement that the charge is amalgamated under this subsection; (B) either — (BA) specifies the number of separate incidents of the commission of that offence that are alleged, without specifying each particular alleged incident; or (BB) if the causing of a particular outcome is an element of that offence, contains details of the aggregate outcome caused by all of those alleged incidents, without specifying the particular outcome caused by each particular alleged incident; (C) contains a statement that all of those alleged incidents taken together amount to a course of conduct; and (D) specifies the dates between which all of those incidents are alleged to have occurred, without specifying the exact date for each particular alleged incident; (ii) if a separate charge had been framed in respect of each of those incidents, the maximum punishment for the offence specified in each separate charge would be the same maximum punishment; (iii) the charge so framed does not specify any offence punishable with death; and ( b ) the charge so framed is deemed to be a charge of one offence. Illustrations ( a ) A is charged under section 465 of the Penal Code 1871 with committing forgery by making a false document. By virtue of section 463 of that Code, A ’s conduct in making the false document is conduct that is an element of the offence that A is charged with. ( b ) A is charged under section 325 of the Penal Code 1871 with voluntarily causing grievous hurt to B . A ’s conduct in causing grievous hurt to B is conduct that is an element of the offence that A is charged with. ( c ) A is charged under section 426 of the Penal Code 1871 with committing mischief by setting fire to a dustbin, and thereby causing the destruction of the dustbin. By virtue of section 425 of that Code, the destruction of the dustbin is an outcome (caused by A ’s conduct of setting fire to the dustbin) that is an element of the offence that A is charged with. ( d ) A is charged under section 417 of the Penal Code 1871 with cheating B by deceiving B , and thereby intentionally inducing B to do a thing which B would not do if B were not so deceived. By virtue of section 415 of that Code, the thing that B is induced to do is an outcome (caused by A ’s conduct of deceiving B ) that is an element of the offence that A is charged with. [19/2018] (5) For the purposes of subsection (4), 2 or more alleged incidents of the commission of an offence, taken together, may amount to a course of conduct, if one or more of the following circumstances exist: ( a ) where the offence is one that has an identifiable victim, the victim in each alleged incident is the same person or belongs to the same class of persons; ( b ) all of the alleged incidents involve the employment of the same method or similar methods; ( c ) all of the alleged incidents occurred in the same place, in similar places, or in places that are located near to each other; ( d ) all of the alleged incidents occurred within a defined period that does not exceed 12 months. [19/2018] (6) To avoid doubt, subsection (5) does not contain an exhaustive list of the circumstances where 2 or more alleged incidents of the commission of an offence, taken together, may amount to a course of conduct. [19/2018] (7) Subsection (4) ceases to apply to 2 or more alleged incidents of the commission of the same offence by the accused, if the accused indicates that the accused intends to rely on a different defence in relation to each of those alleged incidents. [19/2018] (8) Subject to subsection (7), where a charge is framed under subsection (2) or (4), and a person is convicted of the offence specified in that charge — ( a ) the court may sentence that person — (i) in any case where the charge is framed under subsection (2) — to 2 times the amount of punishment to which that person would otherwise have been liable for that offence; or (ii) in any case where the charge is framed under subsection (4) — to 2 times the amount of punishment to which that person would otherwise have been liable if that person had been charged with and convicted of any one of the incidents of commission of the offence mentioned in that subsection; but ( b ) any sentence of caning imposed by the court in respect of that offence must not exceed the specified limit in section 328. [19/2018] (9) Despite anything to the contrary in this Code, where a Magistrate’s Court or District Court would (apart from this section) have jurisdiction and power to try a particular type of offence, and a charge specifying an offence of that type is framed under subsection (2) or (4) — the Magistrate’s Court or District Court (as the case may be) — ( a ) has jurisdiction to hear and determine all proceedings for the offence specified in that charge; and ( b ) has power to award the full punishment provided under subsection (8) in respect of the offence specified in that charge. [19/2018] (10) Subsections (8) and (9) do not apply to a charge framed under subsection (2) or (4) in respect of any act or omission that took place before 31 October 2018. [19/2018]


document_id: cpc-2010
provision_ref: s125
chapter: PART 7 - THE CHARGE
section: 125
title: When manner of committing offence must be stated
content:
125. If the particulars mentioned in sections 123 and 124 do not give the accused sufficient notice of what the accused is charged with, then the charge must also give details of how the alleged offence was committed as will be sufficient for that purpose. Illustrations ( a ) A is accused of theft of a certain article at a certain time and place. The charge need not state how the theft was effected. ( b ) A is accused of cheating B at a given time and place. The charge must state how A cheated B . ( c ) A is accused of giving false evidence at a given time and place. The charge must state that portion of A ’s evidence that is alleged to be false. ( d ) A is accused of obstructing B , a public servant, in the discharge of B ’s public functions at a given time and place. The charge must state how A obstructed B in discharging B ’s functions. ( e ) A is accused of the murder of B at a given time and place. The charge need not state how A murdered B . ( f ) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must state the disobedience charged and the law broken.


document_id: cpc-2010
provision_ref: s126
chapter: PART 7 - THE CHARGE
section: 126
title: Sense of words used in charge to describe offence
content:
126. In every charge, words used to describe an offence are deemed to have been used in the sense attached to them respectively by the law under which that offence is punishable.


document_id: cpc-2010
provision_ref: s127
chapter: PART 7 - THE CHARGE
section: 127
title: Effect of errors
content:
127. No error in stating either the offence or the particulars that must be stated in the charge, and no omission to state the offence or those details is to be regarded at any stage of the case as material unless the accused was in fact misled by that error or omission. Illustrations ( a ) [ Deleted by Act 15 of 2019 ] ( b ) A is charged with cheating B . How A cheated B is not stated in the charge or is stated incorrectly. A defends himself or herself, calls witnesses and gives A ’s own account of the transaction. The court may infer from this that omitting to state, or stating incorrectly, how B was cheated is not a material error. ( c ) A is charged with cheating B . How A cheated B is not stated in the charge. There were many transactions between A and B and A had no means of knowing to which of them the charge referred and offered no defence. The court may infer from those facts that omitting to state how B was cheated was a material error. ( d ) A was charged with murdering Tan Ah Teck on 5 June 1996 and Tan Ah Tuck, who tried to arrest A for that murder, on 6 June 1996. While charged with murdering Tan Ah Teck, A was tried for the murder of Tan Ah Tuck. The witnesses present in A ’s defence were witnesses in the case of Tan Ah Teck. The court may infer from this that A was misled and that the error was material. [15/2019]


document_id: cpc-2010
provision_ref: s128
chapter: PART 7 - THE CHARGE
section: 128
title: Court may alter charge or frame new charge
content:
128. —(1) A court may alter a charge or frame a new charge, whether in substitution for or in addition to the existing charge, at any time before judgment is given. (2) A new or altered charge must be read and explained to the accused.


document_id: cpc-2010
provision_ref: s129
chapter: PART 7 - THE CHARGE
section: 129
title: Trial after alteration of charge or framing of new charge
content:
129. —(1) If a charge is altered or a new charge framed under section 128, the court must immediately call on the accused to enter the accused’s plea and to state whether the accused is ready to be tried on this altered or new charge. (2) If the accused declares that the accused is not ready, the court must duly consider any reason the accused gives. (3) If the court thinks that proceeding immediately with the trial is unlikely to prejudice the accused’s defence or the prosecutor’s conduct of the case, then it may proceed with the trial. (4) If the court thinks otherwise, then it may direct a new trial or adjourn the trial for as long as necessary.


document_id: cpc-2010
provision_ref: s130
chapter: PART 7 - THE CHARGE
section: 130
title: Stay of proceedings if altered or new charge requires Public Prosecutor’s consent
content:
130. —(1) If the offence stated in the altered or new charge is one that requires the Public Prosecutor’s consent under section 10(1), then the trial must not proceed before the consent is obtained, unless it has already been obtained for a prosecution on the same facts as those on which the altered or new charge is based. (2) If consent for the prosecution is or has been obtained, all evidence previously admitted by the court in the trial is deemed to have been admitted in evidence in the trial of the altered or new charge.


document_id: cpc-2010
provision_ref: s131
chapter: PART 7 - THE CHARGE
section: 131
title: Recall of witnesses on trial of altered or new charge
content:
131. If a charge is altered or a new charge is framed by the court after the start of a trial, the prosecutor and the accused must, on application to the court by either party, be allowed to recall or re‑summon and examine any witness who may have been examined, with reference to the altered or newly framed charge only, unless the court thinks that the application is frivolous or vexatious or is meant to cause delay or to frustrate justice.


document_id: cpc-2010
provision_ref: s132
chapter: PART 7 - THE CHARGE
section: 132
title: Separate charges for distinct offences
content:
132. —(1) For every distinct offence of which any person is accused, there must be a separate charge and, subject to subsection (2), every charge must be tried separately. (2) Subsection (1) does not apply — ( a ) in the cases mentioned in sections 133 to 136, 138, 143, 144 and 145; ( b ) to charges to which the accused pleads guilty; or ( c ) to charges which the accused and the prosecutor consent to be taken into consideration under section 148. Illustration A is accused of a theft on one occasion and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt. However, A does not need to be separately tried if A pleads guilty to both charges or if A pleads guilty to one charge and consents to the other charge being taken into consideration under section 148.


document_id: cpc-2010
provision_ref: s133
chapter: PART 7 - THE CHARGE
section: 133
title: Joining of similar offences
content:
133. When a person is accused of 2 or more offences, the person may be charged with and tried at one trial for any number of those offences if the offences form or are a part of a series of offences of the same or a similar character.


document_id: cpc-2010
provision_ref: s134
chapter: PART 7 - THE CHARGE
section: 134
title: Trial for more than one offence
content:
134. If, in one series of acts connected so as to form the same transaction, 2 or more offences are committed by the same person, then the person may be charged with and tried at one trial for every such offence. Illustrations The separate charges referred to in illustrations ( a ) to ( g ) below respectively may be tried at one trial. ( a ) A rescues B , a person in lawful custody, and in doing so causes grievous hurt to C , a constable in whose custody B was. A may be separately charged with offences under sections 225 and 333 of the Penal Code 1871. ( b ) A has in A ’s possession several seals that A knows to be counterfeit and intends to use them to commit forgeries punishable under section 466 of the Penal Code 1871. A may be separately charged with the possession of each seal under section 473 of the Penal Code 1871. ( c ) Intending to cause injury to B , A begins a criminal proceeding against B knowing that there is no just or lawful basis for the proceeding; and also falsely accuses B of having committed an offence knowing there is no just or lawful basis for the charge. A may be separately charged with 2 offences under section 211 of the Penal Code 1871. ( d ) Intending to cause injury to B , A falsely accuses B of having committed an offence knowing that there is no just or lawful basis for the charge. At the trial, A gives false evidence against B , intending thereby to cause B to be convicted of a capital offence. A may be separately charged with offences under sections 211 and 194 of the Penal Code 1871. ( e ) A , with 6 others, commits the offences of rioting, causing grievous hurt and assaulting a public servant B trying to suppress the riot in the discharge of B ’s duty. A may be separately charged with offences under sections 145, 325 and 152 of the Penal Code 1871. ( f ) A threatens B , C and D at the same time with injury to their persons with intent to cause alarm to them. A may be separately charged with each of the 3 offences under section 506 of the Penal Code 1871. ( g ) A locks B and C in a room and then sets fire to that room, intending thereby to cause their deaths. A may be separately charged with each of the 2 offences under section 302 of the Penal Code 1871.


document_id: cpc-2010
provision_ref: s135
chapter: PART 7 - THE CHARGE
section: 135
title: Trial of offences within 2 or more definitions
content:
135. If the alleged acts constitute an offence falling within 2 or more separate definitions of any law by which offences are defined or punished, then the person accused of them may be charged with and tried at one trial for each of those offences. Illustrations The separate charges referred to in illustrations ( a ) to ( d ) below respectively may be tried at one trial. ( a ) A wrongfully strikes B with a cane. A may be separately charged with offences under sections 352 and 323 of the Penal Code 1871. ( b ) Several stolen sacks of rice are passed to A and B , who know they are stolen property, so they can conceal them. A and B then voluntarily help each other to conceal the sacks at the bottom of a grain‑pit. A and B may be separately charged with offences under sections 411 and 414 of the Penal Code 1871. ( c ) A exposes A ’s child with the knowledge that by doing so A is likely to cause its death. The child dies as a result. A may be separately charged with offences under sections 317 and 304 of the Penal Code 1871. ( d ) A dishonestly uses a forged document as evidence to convict B , a public servant, of an offence under section 167 of the Penal Code 1871. A may be separately charged with offences under sections 471 (read with section 466) and 196 of the Penal Code 1871.


document_id: cpc-2010
provision_ref: s136
chapter: PART 7 - THE CHARGE
section: 136
title: Acts forming one offence but when combined form different offence
content:
136. If several acts of which one or more than one would by itself or themselves constitute an offence but when combined constitute a different offence, the person accused of them may be charged with and tried at one trial for the offence constituted by those acts when combined or for any offence constituted by any one or more of those acts. Illustration A robs B , and in doing so voluntarily hurts B . A may be separately charged with offences under sections 323, 392 and 394 of the Penal Code 1871 and A may be tried at one trial for those offences.


document_id: cpc-2010
provision_ref: s138
chapter: PART 7 - THE CHARGE
section: 138
title: If it is doubtful what offence has been committed
content:
138. If a single act or series of acts is such that it is doubtful which of several offences the provable facts will constitute, the accused may be charged with all or any of those offences and any number of the charges may be tried at once, or the accused may be charged in the alternative with any one of those offences. Illustrations ( a ) A is accused of an act that may amount to theft or receiving stolen property or criminal breach of trust or cheating. A may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or A may be charged with having committed theft or receiving stolen property or criminal breach of trust or cheating. ( b ) A states on oath before the committing Magistrate that A saw B hit C with a club. Before the General Division of the High Court, A states on oath that B never hit C . A may be charged in the alternative and convicted of intentionally giving false evidence although it cannot be proved which of these contradictory statements was false. [40/2019]


document_id: cpc-2010
provision_ref: s139
chapter: PART 7 - THE CHARGE
section: 139
title: When person charged with one offence can be convicted of another
content:
139. If in the case mentioned in section 138 the accused is charged with one offence and it appears in evidence that the accused committed a different offence for which the accused might have been charged under that section, the accused may be convicted of the offence that the accused is shown to have committed although the accused was not charged with it. Illustration A is charged with theft. In evidence it appears that A committed the offence of criminal breach of trust or of receiving stolen goods. A may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be), although A was not charged with that offence.


document_id: cpc-2010
provision_ref: s140
chapter: PART 7 - THE CHARGE
section: 140
title: Conviction of attempt or abetment
content:
140. When the accused is charged with an offence, the accused may be convicted of having attempted to commit it or of having abetted its commission, although neither the attempt nor the abetment is separately charged.


document_id: cpc-2010
provision_ref: s141
chapter: PART 7 - THE CHARGE
section: 141
title: When offence proved is lesser offence
content:
141. —(1) If the charge against a person in respect of any offence consists of several particulars, a combination of only some of which forms a complete lesser offence, and the combination is proved but the remaining particulars are not proved, the person may be convicted of the lesser offence although the person was not charged with it. (2) When a person is charged with an offence and facts are proved which reduce it to a lesser offence, the person may be convicted of the lesser offence although the person is not charged with it. Illustrations ( a ) A is charged under section 407 of the Penal Code 1871 with criminal breach of trust in respect of property entrusted to A as a carrier. It appears that A did commit criminal breach of trust under section 406 of the Penal Code 1871 in respect of the property, but that it was not entrusted to A as a carrier. A may be convicted of criminal breach of trust under section 406 of the Penal Code 1871. ( b ) A is charged under section 325 of the Penal Code 1871 with causing grievous hurt. A proves that A acted on grave and sudden provocation. A may be convicted under section 335 of the Penal Code 1871.


document_id: cpc-2010
provision_ref: s142
chapter: PART 7 - THE CHARGE
section: 142
title: Where court finds offence mentioned in section 10 proved
content:
142. Where the court makes a finding under section 139 or 141 that any offence mentioned in section 10(1) has been proved, the court may only pronounce a conviction if the consent of the Public Prosecutor is obtained.


document_id: cpc-2010
provision_ref: s143
chapter: PART 7 - THE CHARGE
section: 143
title: Persons who may be charged and tried jointly
content:
143. The following persons may be charged and tried together or separately: ( a ) persons accused of the same offence committed in the same transaction; ( b ) persons accused of different offences committed in the same transaction; ( c ) persons accused of 2 or more offences which form or are a part of a series of offences of the same or a similar character; ( d ) a person accused of an offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating, and another person accused of receiving or retaining or assisting in the disposal or concealment of the subject matter of that offence; ( e ) persons accused of offences under sections 411 and 414 of the Penal Code 1871, or either of those sections, in respect of the same stolen property, the possession of which has been transferred as a result of the original offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating; ( f ) a person accused of any offence under Chapter 18 of the Penal Code 1871 relating to a counterfeit currency, and a person accused of any other offence under that Chapter relating to the same currency; ( g ) a person accused of committing an offence and a person accused of abetment of or attempt to commit that offence. Illustrations ( a ) A and B are accused of the same murder. A and B may be charged and tried together for the murder. ( b ) A and B are accused of a robbery during which A commits a murder with which B has nothing to do. A and B may be tried together, where both will be tried for robbery and A tried also for the murder. ( c ) A and B are both charged with a theft and B is charged with 2 other thefts B committed during the same transaction. A and B may both be tried together, where both will be tried for the one theft and B alone for the 2 other thefts. ( d ) A commits theft of a computer. B , knowing that the computer was stolen, receives it from A . B then passes it to C who, knowing that the computer was stolen, disposes of it. A , B and C may all be tried together. ( e ) A and B are accused of giving false evidence in the same proceedings. They should be charged and tried separately. [15/2019]


document_id: cpc-2010
provision_ref: s144
chapter: PART 7 - THE CHARGE
section: 144
title: Joint trials for connected offences
content:
144. Despite section 143, persons accused of different offences, whether under the same written law or under different written laws, may be charged separately and tried together, if either or both of the following apply: ( a ) those offences arise from the same series of acts, whether or not those acts form the same transaction; ( b ) there is any agreement between those persons for each person to engage in conduct from which arises the offence that person is charged with. Illustrations ( a ) A agrees to let B keep B ’s benefits of drug trafficking in A ’s bank account to avoid detection. A and B may be separately charged and tried together for offences under sections 50(1)( a ) and 53(1)( a ) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, respectively, as the offences arise from the same series of acts. ( b ) A sells 10 grams of diamorphine to B . Out of the 10 grams of diamorphine, B sells 5 grams to C . A , B and C may be separately charged and tried together for offences under section 5(1)( a ) of the Misuse of Drugs Act 1973 as the offences arise from the same series of acts. ( c ) A has in A ’s possession a secret official code word which has been entrusted in confidence to A by a person holding office under the Government and fails to take reasonable care of the secrecy of the information. As a result of A ’s failure, B comes into possession of the secret official code word and retains it for a purpose prejudicial to the safety of Singapore when B has no right to retain it. A and B may be separately charged and tried together for offences under sections 5(1)( i ) and 6(2)( a ) of the Official Secrets Act 1935, respectively, as the offences arise from the same series of acts. ( d ) A gives B a gratification as an inducement for awarding a contract by B ’s company to A . A and B may be separately charged and tried together for offences under section 6( b ) and ( a ), respectively, of the Prevention of Corruption Act 1960 as the offences arise from the same series of acts. ( e ) Members of opposing factions in an unlawful assembly or a riot may be separately charged and tried jointly as the offence of unlawful assembly or rioting arises from the same series of acts. ( f ) A , B and C are present when officers from the Corrupt Practices Investigation Bureau conduct a search of certain premises during an investigation into an offence under the Prevention of Corruption Act 1960. A states to the officers that there is no evidence of the offence in those premises, when A knows the statement is false. B overhears A ’s statement and, knowing A ’s statement is false, tells C to repeat the same false account to the officers. A and B are charged separately with an offence under section 28( b ) of the Prevention of Corruption Act 1960 and an offence under section 204A of the Penal Code 1871, respectively. A and B may be tried together for those offences, as those offences arise from the same series of acts. ( g ) A , B and C enter into an agreement for A to traffic in a controlled drug, B to manage a brothel and C to import uncustomed goods, with the profits from these activities to be shared among them. A , B and C are charged separately for an offence under section 5(1)( a ) of the Misuse of Drugs Act 1973, an offence under section 148(1) of the Women’s Charter 1961 and an offence under section 128F of the Customs Act 1960, respectively. A , B and C may be tried together for those offences, as there was an agreement between those persons for each person to engage in conduct from which arose the offence that person is charged with. [19/2018]


document_id: cpc-2010
provision_ref: s145
chapter: PART 7 - THE CHARGE
section: 145
title: Joint trials with consent
content:
145. —(1) A court may try offences together at one trial or order a joint trial even though it cannot do so by virtue of section 133, 134, 135, 136, 138, 143 or 144, if — ( a ) in a case where an accused is charged with 2 or more offences, the Public Prosecutor and the accused consent to have all such offences tried together; or ( b ) in a case where 2 or more persons are charged with separate offences, the Public Prosecutor and all such persons consent to a joint trial. (2) Despite subsection (1), the court must not try offences together or order a joint trial in relation to a person who had earlier given consent under that subsection if — ( a ) at the time when the consent is given, the person is not represented by an advocate; and ( b ) at the time of the trial, that person objects to the court trying the offences together or to the joint trial.


document_id: cpc-2010
provision_ref: s146
chapter: PART 7 - THE CHARGE
section: 146
title: Separate trial when accused is prejudiced
content:
146. Despite any other provision in this Code, where before a trial or at any stage of a trial, a court is of the view that an accused may be prejudiced or embarrassed in the accused’s defence because — ( a ) the accused is charged with and tried at one trial for more than one offence under section 133, 134, 135, 136 or 145(1)( a ); or ( b ) the accused is charged with and tried at one trial with one or more other co‑accused under section 143, 144 or 145(1)( b ), the court may order that the accused be charged and tried separately for any one or more of the offences.


document_id: cpc-2010
provision_ref: s147
chapter: PART 7 - THE CHARGE
section: 147
title: Withdrawal of remaining charges on conviction on one of several charges
content:
147. —(1) Where 2 or more charges are made against the same person and the person has been convicted on one or more of them, the prosecution may, with the consent of the court, withdraw the remaining charge or any of the remaining charges. (2) The withdrawal has the effect of an acquittal on the remaining charge or charges withdrawn unless the conviction is set aside. (3) Where a conviction is set aside under subsection (2), and subject to any order of the court setting aside the conviction, the court may proceed with the trial of the charge or charges previously withdrawn.


document_id: cpc-2010
provision_ref: s148
chapter: PART 7 - THE CHARGE
section: 148
title: Outstanding offences
content:
148. —(1) If the accused is found guilty of an offence in any criminal proceedings begun by or on behalf of the Public Prosecutor, the court in determining and passing sentence may, with the consent of the prosecution and the accused, take into consideration any other outstanding offences that the accused admits to have committed. (2) If the outstanding offences mentioned in subsection (1) were not begun by or on behalf of the Public Prosecutor, the court must first be satisfied that the person or authority by whom those proceedings were begun consents to that course of action. (3) The General Division of the High Court may, under subsection (1), take into consideration any outstanding offences an accused admits to have committed when passing sentence, even though no transmission proceedings under Division 5 of Part 10 have been held in respect of those outstanding offences. [19/2018; 40/2019] (4) When consent is given under subsection (1) or (2) and any outstanding offences are taken into consideration in determining and passing sentence, such fact must be entered in the court’s record. (5) After being sentenced, the accused may not, unless the accused’s conviction for the original offence under subsection (1) is set aside, be charged or tried for any offence that the court had taken into consideration under this section.


document_id: cpc-2010
provision_ref: s149
chapter: PART 7 - THE CHARGE
section: 149
title: Death of accused
content:
149. Every charge or criminal proceeding abates on the death of the accused, and the court must so order if it is satisfied that the accused is dead.


document_id: cpc-2010
provision_ref: s149A
chapter: PART 7A - DEFERRED PROSECUTION AGREEMENTS
section: 149A
title: Interpretation of this Part
content:
149A. In this Part — “alleged offence” means an offence specified in the Sixth Schedule; “deferred prosecution agreement” or “DPA” means an agreement entered into between the Public Prosecutor and a person who has been charged with, or whom the Public Prosecutor is considering prosecuting for, an alleged offence, under which — ( a ) the person agrees to comply with the requirements imposed on the person by the agreement; and ( b ) the Public Prosecutor agrees that, upon the approval of the agreement by the General Division of the High Court under section 149F, sections 149C and 149I apply in relation to the prosecution of the person for the alleged offence; “give public notice”, in relation to a matter, means to cause a notice of the matter to be published in the Gazette ; “subject” means a person who enters into a DPA with the Public Prosecutor. [19/2018; 40/2019]


document_id: cpc-2010
provision_ref: s149B
chapter: PART 7A - DEFERRED PROSECUTION AGREEMENTS
section: 149B
title: Entering into DPA, etc.
content:
149B. —(1) A DPA may be entered into in respect of any alleged offence, whether alleged to have been committed before, on or after 31 October 2018. [19/2018] (2) A DPA in respect of an alleged offence — ( a ) may be entered into before, on or after the date on which a subject is charged with the alleged offence; but ( b ) cannot be entered into after the commencement of the trial for that alleged offence. [19/2018] (3) One DPA may be entered into in respect of 2 or more different alleged offences. [19/2018] (4) A person may choose whether to enter into a DPA with the Public Prosecutor. [19/2018] (5) Before a DPA is in force, any party to the DPA may withdraw from any negotiation concerning the DPA, from the DPA itself, and from any proceeding under section 149F relating to the DPA, without giving any reason for the withdrawal. [19/2018]


document_id: cpc-2010
provision_ref: s149C
chapter: PART 7A - DEFERRED PROSECUTION AGREEMENTS
section: 149C
title: Effect of DPA on court proceedings while DPA is in force
content:
149C. After a DPA is entered into between the Public Prosecutor and a subject in respect of an alleged offence, the following apply: ( a ) if the subject has been charged with the alleged offence, the subject is deemed to have been granted a discharge not amounting to an acquittal in relation to the alleged offence, when the DPA comes into force; ( b ) while the DPA is in force, the subject cannot be prosecuted for the alleged offence in any criminal proceedings; ( c ) while the DPA is in force, any limitation period or time limit for the commencement of any of the following matters is suspended: (i) the prosecution of the alleged offence; (ii) any civil penalty action in respect of the alleged offence; (iii) any proceedings for an order for disgorgement of a benefit derived from the alleged offence; (iv) any proceedings for the confiscation of any property that — (A) is used, or intended to be used, for the commission of the alleged offence; or (B) constitutes a benefit derived from the alleged offence; (v) any disciplinary proceedings, or other proceedings relating to the imposition of any regulatory measure, under any written law, that arise from the facts of the alleged offence. [19/2018]


document_id: cpc-2010
provision_ref: s149D
chapter: PART 7A - DEFERRED PROSECUTION AGREEMENTS
section: 149D
title: Persons who may enter into DPA with Public Prosecutor
content:
149D. —(1) A subject may be a body corporate, a limited liability partnership, a partnership or an unincorporated association, but cannot be an individual. [19/2018] (2) In the case of a DPA between the Public Prosecutor and a partnership — ( a ) the DPA must be entered into in the name of the partnership (and not in the name of any of the partners); and ( b ) any money payable under the DPA must be paid out of the funds of the partnership. [19/2018] (3) In the case of a DPA between the Public Prosecutor and an unincorporated association — ( a ) the DPA must be entered into in the name of the association (and not in the name of any of its members); and ( b ) any money payable under the DPA must be paid out of the funds of the association. [19/2018] (4) A subject must be represented by an advocate at the time the subject enters into a DPA. [19/2018]


document_id: cpc-2010
provision_ref: s149E
chapter: PART 7A - DEFERRED PROSECUTION AGREEMENTS
section: 149E
title: Content of DPA
content:
149E. —(1) A DPA must contain — ( a ) a charge or draft charge (prepared by the Public Prosecutor) relating to the alleged offence; and ( b ) a statement of facts relating to the alleged offence, which may include admissions made by the subject that enters into the DPA. [19/2018] (2) A DPA must specify a date (called in this Part the expiry date) on which the DPA ceases to have effect if the DPA is not already terminated under section 149G. [19/2018] (3) The requirements that a DPA may impose on the subject that enters into the DPA include, but are not limited to, the following requirements: ( a ) to pay to the Public Prosecutor a financial penalty; ( b ) to compensate victims of the alleged offence; ( c ) to donate money to a charity or any other third party; ( d ) to disgorge any profits made by the subject from the alleged offence; ( e ) to implement a compliance programme, or make changes to an existing compliance programme, relating to the subject’s policies or to the training of the subject’s employees or both; ( f ) to appoint a person — (i) to assess and monitor the subject’s internal controls; (ii) to advise the subject, and the Public Prosecutor, of any improvements to the subject’s compliance programme that are necessary, or that will reduce the risk of a recurrence of any conduct prohibited by the DPA; and (iii) to report to the Public Prosecutor any misconduct in the implementation of the subject’s compliance programme or internal controls; ( g ) to cooperate in — (i) any investigation relating to the alleged offence; and (ii) any investigation relating to any possible offence, committed by any officer, employee or agent of the subject, that arises from the same or substantially the same facts as the alleged offence; ( h ) to pay any reasonable costs of the Public Prosecutor in relation to the alleged offence or the DPA. [19/2018] (4) A DPA may impose time limits within which the subject of the DPA must comply with the requirements imposed on the subject. [19/2018] (5) A DPA may include a term setting out the consequences of a failure by the subject of the DPA to comply with any of its terms. [19/2018]


document_id: cpc-2010
provision_ref: s149F
chapter: PART 7A - DEFERRED PROSECUTION AGREEMENTS
section: 149F
title: Court approval of DPA
content:
149F. —(1) When the Public Prosecutor and the subject have agreed on the terms of a DPA, the Public Prosecutor must apply by criminal motion to the General Division of the High Court for a declaration (called in this section the relevant declaration) that — ( a ) the DPA is in the interests of justice; and ( b ) the terms of the DPA are fair, reasonable and proportionate. [19/2018; 40/2019] (2) At the hearing of an application under subsection (1) — ( a ) the Public Prosecutor and the subject may submit on the application jointly or separately; and ( b ) the General Division of the High Court may — (i) make the relevant declaration; (ii) refuse the application; or (iii) adjourn the hearing of the application — (A) for the Public Prosecutor and the subject to amend the DPA; or (B) for any other reason. [19/2018; 40/2019] (3) A DPA comes into force only when the General Division of the High Court approves the DPA by making the relevant declaration. [19/2018; 40/2019] (4) An application under subsection (1) must be heard and dealt with in private. [19/2018] [Act 25 of 2021 wef 01/04/2022] (5) Upon the General Division of the High Court making a relevant declaration, the Public Prosecutor must give public notice of the following, unless the Public Prosecutor is prohibited from doing so by or under any written law or by an order of the General Division of the High Court under section 149J(1) or (2): ( a ) the DPA to which the relevant declaration relates; ( b ) the relevant declaration; ( c ) if any reasons are given by the General Division of the High Court for its decision to make the relevant declaration, those reasons. [19/2018; 40/2019] (6) A refusal by the General Division of the High Court of an application under subsection (1) in respect of a DPA entered into between the Public Prosecutor and a subject in respect of an alleged offence, does not prevent the Public Prosecutor from making another application under that subsection, for a relevant declaration in respect of a different DPA entered into with the same subject in respect of the same alleged offence. [19/2018; 40/2019]


document_id: cpc-2010
provision_ref: s149G
chapter: PART 7A - DEFERRED PROSECUTION AGREEMENTS
section: 149G
title: Breach of DPA
content:
149G. —(1) If the Public Prosecutor believes that the subject that entered into a DPA has failed to comply with the terms of the DPA, the Public Prosecutor may make an application to the General Division of the High Court under this section. [19/2018; 40/2019] (2) On an application under subsection (1), the Public Prosecutor must prove, on a balance of probabilities, that the subject that entered into a DPA has failed to comply with the terms of the DPA. [19/2018] (3) If the General Division of the High Court is satisfied that the subject that entered into a DPA has failed to comply with the terms of the DPA, the General Division of the High Court must terminate the DPA. [19/2018; 40/2019] (4) Where the General Division of the High Court decides that the subject that entered into a DPA did not fail to comply with the terms of the DPA, the Public Prosecutor must give public notice of the following, unless the Public Prosecutor is prohibited from doing so by or under any written law or by an order of the General Division of the High Court under section 149J(1) or (2): ( a ) the decision of the General Division of the High Court; ( b ) if any reasons are given by the General Division of the High Court for that decision, those reasons. [19/2018; 40/2019] (5) Where the General Division of the High Court terminates a DPA under subsection (3), the Public Prosecutor must give public notice of the following, unless the Public Prosecutor is prohibited from doing so by or under any written law or by an order of the General Division of the High Court under section 149J(1) or (2): ( a ) the fact that the DPA has been terminated by the General Division of the High Court following a failure by the subject that entered into the DPA to comply with the terms of the DPA; ( b ) if any reasons are given by the General Division of the High Court for its decisions under subsections (2) and (3), those reasons. [19/2018; 40/2019] (6) Where the General Division of the High Court terminates a DPA under subsection (3), the subject — ( a ) is not entitled to recover any money that the subject had paid, before the termination, pursuant to any requirement imposed by the DPA; and ( b ) is not entitled to any relief for any detriment caused to the subject by the subject’s compliance with the terms of the DPA before the termination. [19/2018; 40/2019]


document_id: cpc-2010
provision_ref: s149H
chapter: PART 7A - DEFERRED PROSECUTION AGREEMENTS
section: 149H
title: Variation of terms of DPA
content:
149H. —(1) At any time when a DPA is in force, the Public Prosecutor and the subject that entered into the DPA may agree to vary the terms of the DPA. [19/2018] (2) When the Public Prosecutor and the subject that entered into a DPA have agreed to vary the terms of the DPA, the Public Prosecutor must apply by criminal motion to the General Division of the High Court for a declaration (called in this section the relevant declaration) that — ( a ) the variation is in the interests of justice; and ( b ) the terms of the DPA as varied are fair, reasonable and proportionate. [19/2018; 40/2019] (3) A variation of the terms of a DPA only takes effect when the General Division of the High Court approves the variation by making the relevant declaration. [19/2018; 40/2019] (4) Where the General Division of the High Court decides to approve the variation, the Public Prosecutor must give public notice of the following, unless the Public Prosecutor is prohibited from doing so by or under any written law or by an order of the General Division of the High Court under section 149J(1) or (2): ( a ) the DPA as varied; ( b ) the relevant declaration; ( c ) if any reasons are given by the General Division of the High Court for its decision to make the relevant declaration, those reasons. [19/2018; 40/2019] (5) Where the General Division of the High Court decides not to approve the variation, the Public Prosecutor must give public notice of the following, unless the Public Prosecutor is prohibited from doing so by or under any written law or by an order of the General Division of the High Court under section 149J(1) or (2): ( a ) the decision of the General Division of the High Court; ( b ) if any reasons are given by the General Division of the High Court for that decision, those reasons. [19/2018; 40/2019]


