# legal_provisions

document_id: cpc-2010
provision_ref: s149I
chapter: PART 7A - DEFERRED PROSECUTION AGREEMENTS
section: 149I
title: Expiry of DPA
content:
149I. —(1) If a DPA in respect of an alleged offence remains in force until its expiry date, then after the DPA has expired — ( a ) the Public Prosecutor must — (i) give written notice to the General Division of the High Court that the Public Prosecutor does not intend to prosecute the subject for the alleged offence; and (ii) give public notice that the Public Prosecutor has given that written notice to the General Division of the High Court, 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); and ( b ) except as provided in subsection (2), the subject cannot be prosecuted for the alleged offence after the Public Prosecutor gives that written notice to the General Division of the High Court. [19/2018; 40/2019] (2) Despite subsection (1), the Public Prosecutor may initiate new criminal proceedings against the subject that entered into a DPA in respect of the alleged offence in that DPA, if the Public Prosecutor finds (whether before, on or after the expiry date of the DPA) that during the course of the negotiations for the DPA (including any variation of the terms of the DPA that is approved by the General Division of the High Court under section 149H) — ( a ) the subject provided inaccurate, misleading or incomplete information to the Public Prosecutor; and ( b ) the subject knew or ought to have known that the information was inaccurate, misleading or incomplete. [19/2018; 40/2019] (3) Where — ( a ) a DPA is entered into between the Public Prosecutor and a subject in respect of an alleged offence; ( b ) the subject is deemed under section 149C( a ) to have been granted a discharge not amounting to an acquittal in relation to the alleged offence; and ( c ) the DPA remains in force until its expiry date, after the DPA has expired, the General Division of the High Court may, on the application of the Public Prosecutor, grant the subject a discharge amounting to an acquittal in relation to the alleged offence. [19/2018; 40/2019] (4) For the purposes of subsections (1) and (3), a DPA is not to be treated as having expired if an application by the Public Prosecutor under section 149G, about an alleged failure by the subject that entered into the DPA to comply with the terms of the DPA, is pending on the expiry date of the DPA. [19/2018] (5) In the case mentioned in subsection (4) — ( a ) if the General Division of the High Court decides that the subject did not fail to comply with the terms of the DPA, the DPA is to be treated as expiring when the application under section 149G is decided; or ( b ) if the General Division of the High Court terminates the DPA — (i) the DPA is to be treated as not having remained in force until its expiry date; and (ii) therefore, subsections (1) and (3) do not apply. [19/2018; 40/2019]


document_id: cpc-2010
provision_ref: s149J
chapter: PART 7A - DEFERRED PROSECUTION AGREEMENTS
section: 149J
title: Publication of information
content:
149J. —(1) The General Division of the High Court may postpone the giving of public notice under section 149F(5), 149G(4) or (5), 149H(4) or (5) or 149I(1)( a )(ii) for such period as the General Division of the High Court considers necessary, if it appears to the General Division of the High Court that the postponement is necessary to avoid substantial risk of prejudice to the administration of justice in — ( a ) any legal proceedings; ( b ) any investigation under this Code; or ( c ) any criminal investigation under any other written law. [19/2018; 40/2019] (2) In any proceedings under this Part, the General Division of the High Court may, if satisfied that it is expedient in the interests of justice, public safety, public security or propriety, or for other sufficient reason, to do so, make either or both of the following orders: ( a ) an order that any information, which is contained in any court document intended to be produced before the court, be removed or be sufficiently redacted; ( b ) an order that no person is to publish any such information, or do any other act that is likely to lead to the publication of any such information. [19/2018; 40/2019] (3) Any person who does any act in contravention of an order under subsection (2) 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 3 years or to both. [19/2018]


document_id: cpc-2010
provision_ref: s149K
chapter: PART 7A - DEFERRED PROSECUTION AGREEMENTS
section: 149K
title: Use of material in criminal proceedings
content:
149K. —(1) Subsections (2) and (3) apply where a DPA in respect of an alleged offence is approved by the General Division of the High Court under section 149F. [19/2018; 40/2019] (2) The statement of facts contained in the DPA is, in any criminal proceedings brought against the subject for the alleged offence, to be treated as an admission by the subject under section 267. [19/2018] (3) However, the admission mentioned in subsection (2) cannot be withdrawn by the subject under section 267(4). [19/2018] (4) Subsections (5) and (6) apply where the Public Prosecutor and a subject have entered into negotiations for a DPA in respect of an alleged offence, but the DPA has not been approved by the General Division of the High Court under section 149F. [19/2018; 40/2019] (5) The material described in subsection (6) may be used in evidence against the subject only — ( a ) on a prosecution for an offence consisting of the provision of inaccurate, misleading or incomplete information; or ( b ) on a prosecution for some other offence, if both of the following apply: (i) in giving evidence, the subject makes a statement that is not consistent with the material; (ii) evidence relating to the material is adduced, or a question relating to the material is asked, by or on behalf of the subject in the proceedings arising out of the prosecution. [19/2018] (6) For the purposes of subsection (5), the material is either or both of the following: ( a ) material that shows that the subject entered into negotiations for a DPA, including, in particular — (i) any draft of the DPA; (ii) any draft of a statement of facts intended to be included within the DPA; and (iii) any statement indicating that the subject entered into such negotiations; ( b ) material that was created solely for the purpose of preparing the DPA or statement of facts. [19/2018] (7) Any material or information obtained by the Public Prosecutor in the course of negotiations for a DPA or proceedings under this Part (other than the material described in subsection (6)) may, if determined (in accordance with the rules of evidence under written law and any relevant rules of law) to be admissible in evidence, be used against the subject that enters into the DPA or any other person in any criminal proceedings relating to any offence. [19/2018]


document_id: cpc-2010
provision_ref: s149L
chapter: PART 7A - DEFERRED PROSECUTION AGREEMENTS
section: 149L
title: Money received by prosecutor under DPA
content:
149L. Any money received by the Public Prosecutor under any of the following terms of a DPA must be paid into the Consolidated Fund: ( a ) a term requiring the subject that enters into the DPA to pay a financial penalty to the Public Prosecutor; ( b ) a term requiring the subject that enters into the DPA to disgorge any profits made by the subject from the alleged offence. [19/2018]


document_id: cpc-2010
provision_ref: s149M
chapter: PART 7A - DEFERRED PROSECUTION AGREEMENTS
section: 149M
title: Appeals from certain decisions under this Part
content:
149M. —(1) The following decisions of the General Division of the High Court under this Part are appealable: ( a ) a decision, on an application under section 149F(1), not to approve a DPA; ( b ) a decision, on an application under section 149G(1), that the subject that entered into a DPA has failed to comply with the terms of the DPA; ( c ) a decision, on an application under section 149G(1), that the subject that entered into a DPA did not fail to comply with the terms of the DPA; ( d ) a decision, on an application under section 149H(2), not to approve a variation of the terms of a DPA. [19/2018; 40/2019] (2) An appeal against a decision mentioned in subsection (1)( a ) or ( d ) may only be made by the Public Prosecutor. [19/2018] (3) An appeal against a decision mentioned in subsection (1)( b ) or ( c ) may be made by the Public Prosecutor or the subject concerned. [19/2018] (4) An appeal against a decision mentioned in subsection (1)( a ) must be heard and dealt with in private. [19/2018] [Act 25 of 2021 wef 01/04/2022] (5) A refusal by the Court of Appeal, on an appeal against a decision mentioned in subsection (1)( a ), to approve 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 section 149F(1), for the approval of a different DPA entered into with the same subject in respect of the same alleged offence. [19/2018]


document_id: cpc-2010
provision_ref: s150
chapter: PART 8 - INITIATION OF CRIMINAL PROCEEDINGS AND
section: 150
title: Initiation of criminal proceedings
content:
150. Criminal proceedings against any person may be initiated pursuant to an arrest, a summons, an arrest warrant, a notice to attend court or any other mode for compelling the attendance of a person in court which is provided for under this Code or any other written law, as the case may be.


document_id: cpc-2010
provision_ref: s151
chapter: PART 8 - INITIATION OF CRIMINAL PROCEEDINGS AND
section: 151
title: Examination of complaint
content:
151. —(1) Any person may make a complaint to a Magistrate. (2) On receiving a complaint by a person who is not a police officer nor an officer from a law enforcement agency nor a person acting with the authority of a public body, the Magistrate — ( a ) must immediately examine the complainant on oath and the substance of the examination must be reduced to writing and must be signed by the complainant and by the Magistrate; and ( b ) may, after examining the complainant — (i) for the purpose of inquiring into the case himself or herself, issue a summons to compel the attendance before him or her of any person who may be able to help him or her determine whether there is sufficient ground for proceeding with the complaint; (ii) direct any police officer to make inquiries for the purpose of ascertaining the truth or falsehood of the complaint and report to the Magistrate the result of those inquiries; (iii) proceed in accordance with section 15 of the Community Mediation Centres Act 1997; or (iv) postpone consideration of the matter to enable the complainant and the person complained against to try to resolve the complaint amicably.


document_id: cpc-2010
provision_ref: s152
chapter: PART 8 - INITIATION OF CRIMINAL PROCEEDINGS AND
section: 152
title: Dismissal of complaint
content:
152. —(1) After examining the complainant under section 151(2)( a ), and making any inquiry under section 151(2)( b )(i) or considering the result of any inquiry under section 151(2)( b )(ii), the Magistrate may dismiss the complaint if he or she decides that there is insufficient reason to proceed. (2) Where in relation to any complaint, the Magistrate or a police officer has referred any case for mediation under section 15 of the Community Mediation Centres Act 1997 or under section 16(1)( c ), respectively, and the complainant has failed or refused to attend the mediation session, the Magistrate may dismiss the complaint if the complainant does not provide reasonable grounds for the failure or refusal. (3) If the Magistrate dismisses the complaint, he or she must record his or her reasons.


document_id: cpc-2010
provision_ref: s153
chapter: PART 8 - INITIATION OF CRIMINAL PROCEEDINGS AND
section: 153
title: Issue of summons or warrant
content:
153. —(1) A Magistrate must issue a summons for the attendance of an accused if — ( a ) the Magistrate finds sufficient reason to proceed with a complaint made by a person who is not a police officer nor an officer from a law enforcement agency nor a person acting with the authority of a public body; ( b ) the Magistrate finds sufficient reason to proceed with a complaint made by a police officer, an officer from a law enforcement agency or a person acting with the authority of a public body, and the complaint is written and signed by that officer or person; ( c ) the Magistrate knows or suspects that an offence has been committed; or ( d ) the accused is brought before the court in custody without process and is accused of having committed an offence which the court has jurisdiction to inquire into or try, and the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a summons. (2) In determining whether there is sufficient reason to proceed under subsection (1)( a ), the Magistrate must take into account whether the accused has failed or refused to attend any mediation session when the Magistrate has proceeded in accordance with section 15 of the Community Mediation Centres Act 1997 or when a police officer has referred the case to a mediator for mediation under section 16(1)( c ), and if so, whether the accused had any reasonable grounds for the failure or refusal. (3) If the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a warrant, the Magistrate may do so or, if he or she thinks fit, issue a summons causing the accused to be brought or to appear at a certain time before a Magistrate’s Court. (4) If the accused fails or refuses to attend any mediation session without providing reasonable grounds for such failure or refusal, the Magistrate may take the failure or refusal into consideration when issuing any further order or direction as the Magistrate deems fit, or when sentencing the accused. (5) This section does not affect section 120.


document_id: cpc-2010
provision_ref: s154
chapter: PART 8 - INITIATION OF CRIMINAL PROCEEDINGS AND
section: 154
title: Personal attendance of accused may be dispensed with
content:
154. —(1) A Magistrate issuing a summons may dispense with the personal attendance of the accused and permit the accused to appear by an advocate. (2) In any case relating to an offence punishable by fine only or by imprisonment for 12 months or less, or both, and in which a Magistrate has issued a summons, an accused who wishes to plead guilty and be convicted and sentenced in the accused’s absence may — ( a ) appear by an advocate; or ( b ) by letter plead guilty and agree to pay any fine that may be imposed for that offence. (3) In the case where the accused pleads guilty by letter, the court may record a plea of guilty, convict the accused according to law, and sentence the accused to a fine with or without a sentence of imprisonment if the accused fails to pay the fine. (4) If the accused pleads guilty by letter, the accused must state in the letter a postal address. (5) Despite section 3, the court must then send, by registered post using the particulars stated under subsection (4), a letter informing the accused of the sentence imposed. (6) The accused must pay the fine within 7 days from the date on which the court’s letter was posted or transmitted. (7) The court inquiring into or trying the case may at any stage of the proceeding direct the accused to attend in person, and if necessary may enforce the accused’s attendance in the way set out in section 153. (8) If the court intends to impose a sentence of imprisonment without the option of a fine, it must require the accused to attend in person. (9) If the accused wishes to withdraw his or her plea of guilty and claim trial when the accused appears pursuant to subsection (8), then the court must, despite any order of conviction made in the accused’s absence, permit the accused to withdraw his or her plea and then hear and determine the case, and if the court convicts the accused, pass sentence according to law. (10) Nothing in this section affects the powers of the court conferred by section 156.


document_id: cpc-2010
provision_ref: s155
chapter: PART 8 - INITIATION OF CRIMINAL PROCEEDINGS AND
section: 155
title: Absence of complainant in proceedings instituted on complaint
content:
155. In a private prosecution commenced pursuant to a complaint under section 151 for an offence which is compoundable under section 241, the court may at any time before calling upon the accused to enter upon the accused’s defence, discharge the accused if the complainant is absent.


document_id: cpc-2010
provision_ref: s156
chapter: PART 8 - INITIATION OF CRIMINAL PROCEEDINGS AND
section: 156
title: Absence of accused
content:
156. —(1) The following apply where an accused does not appear at the time and place mentioned in the summons or notice to attend court: ( a ) the court may proceed in the absence of the accused to hear and determine the complaint if — (i) the court is satisfied on oath that — (A) the summons or notice was duly served on the accused at least 7 days (or such shorter period as the court may consider reasonable in a particular case) before the time appointed in the summons or notice for appearing; and (B) the accused was notified, when the summons or notice was served on the accused, that the court may hear and determine the complaint in the absence of the accused, if the accused fails to appear at the time and place mentioned in the summons or notice; and (ii) no sufficient ground is shown for an adjournment; [Act 25 of 2021 wef 01/04/2022] ( b ) unless the court proceeds in the absence of the accused under paragraph ( a ) to hear and determine the complaint, the court must postpone the hearing to a future day. [19/2018] [Act 25 of 2021 wef 01/04/2022] (2) Where the court has proceeded in the absence of the accused under subsection (1)( a ) to hear and determine the complaint, the accused may apply to the court to declare the proceedings in the absence of the accused to be void. [19/2018] [Act 25 of 2021 wef 01/04/2022] (3) The court can and must make a declaration that the proceedings in the absence of the accused are void only if the accused proves, on a balance of probabilities, that — ( a ) the accused was unaware of both of the following until after the proceedings in the absence of the accused began: (i) the summons or notice to attend court; (ii) the proceedings in the absence of the accused; and [Act 25 of 2021 wef 01/04/2022] ( b ) the accused made the application under subsection (2) within 21 days after the date on which the accused first knew of either of the following: (i) the summons or notice to attend court; (ii) the proceedings in the absence of the accused. [19/2018] [Act 25 of 2021 wef 01/04/2022] (4) Subsections (2) and (3) do not apply to an accused body corporate, limited liability partnership, partnership or unincorporated association that — ( a ) does not appear at the time and place mentioned in the summons or notice to attend court; or ( b ) fails to comply with the legal formalities relating to the appointment of a representative who purports to appear for the accused body corporate, limited liability partnership, partnership or unincorporated association at the time and place mentioned in the summons or notice to attend court. [19/2018] (5) The accused is not discharged by a declaration made under subsection (3). [19/2018] (6) Subsections (2) and (3) do not affect any right to appeal against any decision made by the court in the proceedings in the absence of the accused. [19/2018] [Act 25 of 2021 wef 01/04/2022]


document_id: cpc-2010
provision_ref: s157
chapter: PART 9 - PRE-TRIAL PROCEDURES IN THE STATE COURTS
section: 157
title: Interpretation of this Part
content:
157. In this Part — “Case for the Defence” means the document by that name mentioned in section 165; “Case for the Prosecution” means the document by that name mentioned in section 162; “co-accused” means any person who is to be tried jointly with an accused and to whom the criminal case disclosure procedures apply by virtue of section 159; “court” means a Magistrate’s Court or a District Court, as the case may be; “criminal case disclosure conference” means any conference held under Division 2 in respect of any offence to which the criminal case disclosure procedures apply by virtue of section 159; “criminal case disclosure procedures” means the procedures under Division 2.


document_id: cpc-2010
provision_ref: s158
chapter: PART 9 - PRE-TRIAL PROCEDURES IN THE STATE COURTS
section: 158
title: Reading of charge
content:
158. In a case to be tried in a Magistrate’s Court or District Court, the following provisions apply: ( a ) when an accused is first charged in the court for an offence, a charge must be framed, read and explained to the accused; ( b ) the accused must be asked whether he or she wishes to claim trial or plead guilty to the charge unless either party to the case applies for, and the court grants, an adjournment without the plea being recorded; ( c ) if the accused, after he or she has been asked to plead — (i) pleads guilty to the charge, Division 3 of Part 11 applies; (ii) refuses to plead or does not plead or claims trial to the charge, and the case is subject to the criminal case disclosure procedures by virtue of section 159, Division 2 applies; or (iii) refuses to plead or does not plead or claims trial to the charge, and the case is not subject to the criminal case disclosure procedures by virtue of section 159, Division 4 applies.


document_id: cpc-2010
provision_ref: s159
chapter: PART 9 - PRE-TRIAL PROCEDURES IN THE STATE COURTS
section: 159
title: When criminal case disclosure procedures apply
content:
159. —(1) The criminal case disclosure procedures apply to an offence which –– ( a ) is specified in the Second Schedule; and ( b ) is to be tried in a District Court. [Act 5 of 2024 wef 14/02/2025] (2) [ Deleted by Act 5 of 2024 wef 14/02/2025 ] (3) For any offence other than an offence mentioned in subsection (1), the criminal case disclosure procedures do not apply unless all parties consent to have the procedures apply. Division 2 &#x2014; Criminal case disclosure procedures


document_id: cpc-2010
provision_ref: s160
chapter: PART 9 - PRE-TRIAL PROCEDURES IN THE STATE COURTS
section: 160
title: Criminal case disclosure conference
content:
160. —(1) The prosecution and the defence must attend a criminal case disclosure conference as directed by a court in accordance with this Division for the purpose of settling the following matters: ( a ) the filing of the Case for the Prosecution and the Case for the Defence; ( b ) any issues of fact or law which are to be tried by the trial judge at the trial proper; ( c ) the list of witnesses to be called by the parties to the trial; ( d ) the statements, documents or exhibits which are intended by the parties to the case to be admitted at the trial; ( e ) the trial date. [19/2018] (2) The Magistrate or District Judge who presides over a criminal case disclosure conference must not make any order in relation to any matter mentioned in subsection (1) in the absence of any party if the order is prejudicial to that party. (3) Where an accused claims trial, the Magistrate or District Judge who had presided over the criminal case disclosure conference in relation to the accused’s case must not conduct the trial. (4) Where the defence informs the court during any criminal case disclosure conference conducted under this Division that the accused intends to plead guilty to the charge, the court must fix a date for the accused’s plea to be taken in accordance with Division 3 of Part 11. [19/2018]


document_id: cpc-2010
provision_ref: s161
chapter: PART 9 - PRE-TRIAL PROCEDURES IN THE STATE COURTS
section: 161
title: When Case for the Prosecution is served
content:
161. —(1) In a case where the criminal case disclosure procedures apply by virtue of section 159, and on the date the accused is asked by the court how the accused wishes to plead and the accused refuses to plead or does not plead or claims trial, the court must, unless there are good reasons, fix a first criminal case disclosure conference not earlier than 8 weeks from that date. (2) If, at the first criminal case disclosure conference, or such other date to which the first criminal case disclosure conference has been adjourned under section 238, the defence does not indicate that the accused wishes to plead guilty to the charge, the prosecution must file in court the Case for the Prosecution and serve a copy of this on the accused and every co‑accused (if any) not later than 2 weeks from the date of the first criminal case disclosure conference or such date to which the first criminal case disclosure conference is adjourned. [19/2018] (3) Where at a criminal case disclosure conference, the defence indicates that the accused wishes to claim trial to more than one charge, the Case for the Prosecution to be served under subsection (2) must only relate to those charges that the prosecution intends to proceed with at the trial. [19/2018] (4) The court may at any time fix a date for a further criminal case disclosure conference not earlier than 7 days from the date the Case for the Prosecution is to be filed under this section.


document_id: cpc-2010
provision_ref: s162
chapter: PART 9 - PRE-TRIAL PROCEDURES IN THE STATE COURTS
section: 162
title: Contents of Case for the Prosecution
content:
162. —(1) The Case for the Prosecution must contain — ( a ) the charge which the prosecution intends to proceed with at the trial; ( b ) a summary of the facts in support of the charge; ( c ) a list of the names of the witnesses for the prosecution; ( d ) a list of the exhibits that are intended by the prosecution to be admitted at the trial; ( e ) any written statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution; ( f ) a list of every statement, made by the accused at any time to an officer of a law enforcement agency under any law, that is recorded in the form of an audiovisual recording, and that the prosecution intends to adduce in evidence as part of the case for the prosecution; and ( g ) for every statement mentioned in paragraph ( f ), a transcript (if any) of the audiovisual recording of that statement. Illustrations ( a ) A is charged with theft of a shirt from a shop. The summary of facts should state the facts in support of the charge, for example, that A was seen taking a shirt in the shop and putting it into A ’s bag, and that A left the shop without paying for the shirt. ( b ) A is charged with conspiracy to cheat together with a known person and an unknown person. The summary of facts should state — (i) when and where the conspiracy took place; and (ii) who the known conspirators were and what they did. ( c ) A is charged with robbery and 3 separate written statements, X, Y and Z were recorded from A by the police at 3 different time periods. If the prosecution intends to adduce in evidence as part of the Case for the Prosecution statement Y, but not statements X and Z, the Case for the Prosecution must contain the entire statement Y. The Case for the Prosecution need not contain statements X and Z. [19/2018] (2) Where the Case for the Prosecution has been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)( f ) at a police station or at any other prescribed place. [19/2018]


document_id: cpc-2010
provision_ref: s163
chapter: PART 9 - PRE-TRIAL PROCEDURES IN THE STATE COURTS
section: 163
title: When Case for the Defence is served
content:
163. —(1) At the further criminal case disclosure conference held on the date mentioned in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the defence does not indicate that the accused wishes to plead guilty, the defence must — ( a ) file in court the Case for the Defence; and ( b ) serve a copy of that Case on the prosecution and on every co‑accused who is claiming trial with the accused (if any), not later than 2 weeks after the date on which the further criminal case disclosure conference is held. [19/2018] (2) The court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under subsection (1) and after the prosecution is to serve on the defence copies of the statements, exhibits and records mentioned in section 166(1). [19/2018] (3) If the defence does not file in court the Case for the Defence, or does not serve the Case for the Defence, as required under subsection (1) — ( a ) the accused may be cross‑examined on why the Case for the Defence was not filed or served, as the case may be; and ( b ) the court may consider the accused’s evidence under the cross-examination and draw such inference as it thinks fit under section 169(1)( a ) or ( aa ). [Act 5 of 2024 wef 14/02/2025]


document_id: cpc-2010
provision_ref: s164
chapter: PART 9 - PRE-TRIAL PROCEDURES IN THE STATE COURTS
section: 164
title: Court to explain to unrepresented accused certain requirements and consequences
content:
164. At the further criminal case disclosure conference held on the date mentioned in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the accused is not represented by an advocate, the court must explain to the accused, in accordance with the prescribed form, the requirements of section 163(1), the effect of section 166 and the consequences provided under section 169(1).


document_id: cpc-2010
provision_ref: s165
chapter: PART 9 - PRE-TRIAL PROCEDURES IN THE STATE COURTS
section: 165
title: Contents of Case for the Defence
content:
165. —(1) The Case for the Defence must contain — ( a ) a summary of the defence to the charge and the facts in support of the defence; ( b ) a list of the names of the witnesses for the defence; ( c ) a list of the exhibits that are intended by the defence to be admitted at the trial; and ( d ) if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution — (i) a statement of the nature of the objection; (ii) the issue of fact on which evidence will be produced; and (iii) the points of law in support of such objection. Illustration 1 A is charged with robbery. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim gave the items to A voluntarily) and any issue of law which A intends to rely on (for example, that A ’s act did not amount to robbery as the elements of that offence were not made out, or that a general exception in Chapter 4 or right of private defence in Chapter 4A of the Penal Code 1871 applied in this case). Illustration 2 The accused, A , intends to challenge, at the trial, the voluntariness of A ’s statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements A intends to challenge and the facts that A intends to rely on to support A ’s challenge. [15/2019] (2) Despite subsection (1), an accused who is not represented by an advocate need not state any — ( a ) objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or ( b ) point of law in support of any objection raised by the defence.


document_id: cpc-2010
provision_ref: s166
chapter: PART 9 - PRE-TRIAL PROCEDURES IN THE STATE COURTS
section: 166
title: Time for service of other statements and exhibits
content:
166. —(1) Where the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks after the date on which the Case for the Defence is served, serve on the defence copies of — ( a ) every other written statement given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial; ( aa ) for every other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law in relation to the charge or charges that the prosecution intends to proceed with at the trial, a transcript (if any) of the audiovisual recording of that statement; ( b ) each documentary exhibit mentioned in section 162(1)( d ); and ( c ) criminal records (if any) of the accused, upon payment of the prescribed fee. [19/2018] (2) Where the documents mentioned in subsection (1) have been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)( aa ) at a police station or at any other prescribed place. [19/2018] (2A) Despite subsection (1), where any documentary exhibit mentioned in section 162(1)( d ) consists of any image (whether contained in a video recording, photograph or any other medium) of an individual’s genital or anal region, or the breasts of a woman — ( a ) the prosecution is not required to serve a copy of the documentary exhibit on the defence; but ( b ) the prosecution must, if requested by the defence, arrange for the defence to view the documentary exhibit at a police station or a prescribed place. [Act 5 of 2024 wef 26/05/2025] (3) Where the Case for the Defence has not been served on the prosecution, the prosecution — ( a ) need not serve on the defence any written statement, exhibit, transcript or record mentioned in subsection (1); ( b ) need not arrange for the viewing mentioned in subsection (2) of the audiovisual recording of any statement mentioned in subsection (1)( aa ); [Act 5 of 2024 wef 26/05/2025] ( ba ) need not arrange for the viewing mentioned in subsection (2A)( b ) of any documentary exhibit mentioned in subsection (2A); and [Act 5 of 2024 wef 26/05/2025] ( c ) may use any such statement, exhibit, transcript, record, audiovisual recording or documentary exhibit at the trial. [Act 5 of 2024 wef 26/05/2025] [19/2018] (4) Where the Case for the Defence has been served on the prosecution, the defence must, within 2 weeks after the date on which the Case for the Defence is served, serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 165(1)( c ) and is in the possession, custody or power of the accused. [19/2018] (5) The obligations of the prosecution under subsections (1), (2) and (2A)( b ) and the obligation of the defence under subsection (4) are independent of each other. [19/2018] [Act 5 of 2024 wef 26/05/2025]


document_id: cpc-2010
provision_ref: s167
chapter: PART 9 - PRE-TRIAL PROCEDURES IN THE STATE COURTS
section: 167
title: Fixing dates for trial
content:
167. If, at the further criminal case disclosure conference held on the date mentioned in section 163(2), the defence does not indicate that the accused wishes to plead guilty, the court may fix a date for trial. [19/2018]


document_id: cpc-2010
provision_ref: s168
chapter: PART 9 - PRE-TRIAL PROCEDURES IN THE STATE COURTS
section: 168
title: If co-accused charged subsequently
content:
168. If, subsequent to any criminal case disclosure conference held under this Division in relation to an accused, a co‑accused is charged, the court may do all or any of the following: ( a ) order the prosecution to serve on the co‑accused the Case for the Prosecution in relation to the accused; ( b ) order the accused to serve on the co‑accused the accused’s Case for the Defence, if any. Division 3 &#x2014; Non-compliance with Division 2


document_id: cpc-2010
provision_ref: s169
chapter: PART 9 - PRE-TRIAL PROCEDURES IN THE STATE COURTS
section: 169
title: Consequences of non-compliance with Division 2
content:
169. —(1) The court may draw such inference as it thinks fit if — ( a ) the prosecution fails to serve the Case for the Prosecution on the defence, or the defence fails to serve the Case for the Defence after the Case for the Prosecution has been served on the defence; ( aa ) the prosecution fails to file the Case for the Prosecution in court, or the defence fails to file the Case for the Defence in court after the Case for the Prosecution has been served on the defence; [Act 5 of 2024 wef 14/02/2025] ( b ) the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 162(1) or 165(1), respectively; [Act 5 of 2024 wef 14/02/2025] ( ba ) the prosecution fails to serve on the defence any copy of a statement, transcript, documentary exhibit or criminal record that the prosecution is required under section 166 to serve on the defence; [Act 5 of 2024 wef 14/02/2025] ( bb ) the defence fails to serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 165(1)( c ) and is in the possession, custody or power of the accused; or ( c ) the prosecution or the defence puts forward a case at the trial which differs from or is otherwise inconsistent with the Case for the Prosecution or the Case for the Defence, respectively, that has been filed. [19/2018] (2) A court may order a discharge not amounting to an acquittal in relation to a charge that the prosecution intends to proceed with at trial, if — ( a ) the prosecution fails to serve the Case for the Prosecution in respect of that charge within the time permitted under section 161; ( aa ) the prosecution fails to file the Case for the Prosecution in court; [Act 5 of 2024 wef 14/02/2025] ( b ) the Case for the Prosecution does not contain any or any part of the items specified in section 162; or ( c ) the prosecution fails to serve on the defence, within the time permitted under section 166, any copy of a statement, transcript, documentary exhibit or criminal record that the prosecution is required under that provision to serve on the defence. [Act 5 of 2024 wef 14/02/2025] [19/2018] (3) Without affecting the generality of subsection (1), if any matter mentioned in paragraph ( a ), ( aa ), ( b ), ( ba ), ( bb ) or ( c ) of subsection (1) is satisfied, the court may in determining — ( a ) whether there is a case to answer; and ( b ) whether the accused is guilty of the offence charged or not, draw such inferences from the matter as appear proper. [Act 5 of 2024 wef 14/02/2025] (4) Any matter from which a court may draw such inferences under subsection (3) may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given by or against the accused in relation to which the matter is material. [Act 5 of 2024 wef 14/02/2025] Division 4 &#x2014; Where criminal case disclosure
procedures do not apply


document_id: cpc-2010
provision_ref: s170
chapter: PART 9 - PRE-TRIAL PROCEDURES IN THE STATE COURTS
section: 170
title: Court to try accused or transfer case
content:
170. In a case where the criminal case disclosure procedures do not apply by virtue of section 159, and on the date the accused is asked by the court how the accused wishes to plead and the accused refuses to plead or does not plead or claims trial, the court may — ( a ) proceed to try the accused immediately or on such date as the court directs; or ( b ) transfer the case to another court of equal jurisdiction for the case to be tried in accordance with Part 12 at a later date.


document_id: cpc-2010
provision_ref: s171
chapter: PART 9 - PRE-TRIAL PROCEDURES IN THE STATE COURTS
section: 171
title: Case conference
content:
171. In a case where the criminal case disclosure procedures do not apply by virtue of section 159, a court may, at any time, fix the date for and conduct a case conference to settle any administrative matter in relation to a trial. [Act 25 of 2021 wef 01/04/2022]


document_id: cpc-2010
provision_ref: s172
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 172
title: Interpretation of this Part
content:
172. In this Part — “Case for the Defence” means the document by that name mentioned in section 217; “Case for the Prosecution” means the document by that name mentioned in section 214; “co-accused” means any person who is to be tried jointly with an accused in the General Division of the High Court; “criminal case disclosure conference” means any conference held under sections 212 to 220 in respect of any offence to which the criminal case disclosure procedures apply by virtue of section 211A; “criminal case disclosure procedures” means the procedures under sections 212 to 220. [19/2018; 14/2019; 40/2019]


document_id: cpc-2010
provision_ref: s173
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 173
title: When accused first produced in court
content:
173. In a case that is triable only in the General Division of the High Court, the accused must be first produced before a Magistrate’s Court and the charge must be explained to the accused but the accused must not be called upon to plead thereto. [40/2019]


document_id: cpc-2010
provision_ref: s175
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 175
title: Procedure for cases to be tried in General Division of High Court
content:
175. The transmission procedures under Division 5 apply to every offence that is to be tried in the General Division of the High Court. [19/2018; 40/2019] Division 2 &#x2014; [Repealed by Act 19 of 2018] 176. [ Repealed by Act 19 of 2018 ] 177. [ Repealed by Act 19 of 2018 ] 178. [ Repealed by Act 19 of 2018 ] 179. [ Repealed by Act 19 of 2018 ] 180. [ Repealed by Act 19 of 2018 ] 181. [ Repealed by Act 19 of 2018 ] 182. [ Repealed by Act 19 of 2018 ] 183. [ Repealed by Act 19 of 2018 ] 184. [ Repealed by Act 19 of 2018 ] 185. [ Repealed by Act 19 of 2018 ] 186. [ Repealed by Act 19 of 2018 ] 187. [ Repealed by Act 19 of 2018 ] 188. [ Repealed by Act 19 of 2018 ] 189. [ Repealed by Act 19 of 2018 ] 190. [ Repealed by Act 19 of 2018 ] 191. [ Repealed by Act 19 of 2018 ] 192. [ Repealed by Act 19 of 2018 ] 193. [ Repealed by Act 19 of 2018 ] 194. [ Repealed by Act 19 of 2018 ] 195. [ Repealed by Act 19 of 2018 ] 196. [ Repealed by Act 19 of 2018 ] 197. [ Repealed by Act 19 of 2018 ] 198. [ Repealed by Act 19 of 2018 ] Division 3 &#x2014; [Repealed by Act 19 of 2018] 199. [ Repealed by Act 19 of 2018 ] 200. [ Repealed by Act 19 of 2018 ] 201. [ Repealed by Act 19 of 2018 ] 202. [ Repealed by Act 19 of 2018 ] 203. [ Repealed by Act 19 of 2018 ] 204. [ Repealed by Act 19 of 2018 ] 205. [ Repealed by Act 19 of 2018 ] 206. [ Repealed by Act 19 of 2018 ] 207. [ Repealed by Act 19 of 2018 ] 208. [ Repealed by Act 19 of 2018 ] Division 4 &#x2014; [Repealed by Act 19 of 2018] 209. [ Repealed by Act 19 of 2018 ] Division 5 &#x2014; Transmission proceedings


document_id: cpc-2010
provision_ref: s210
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 210
title: Transmission of case to General Division of High Court
content:
210. —(1) Where the Public Prosecutor is of the opinion that an offence must or ought to be tried in the General Division of the High Court, the Public Prosecutor must, by fiat in writing signed by the Public Prosecutor, designate the General Division of the High Court to try the offence. [19/2018; 40/2019] (2) Upon receipt of the fiat mentioned in subsection (1) together with the charge, the Magistrate’s Court must cause the charge to be read and explained to the accused and thereafter — ( a ) transmit the case to the General Division of the High Court for the purpose of trial; and ( b ) order that the accused be remanded in custody until and during the trial, unless the accused is released on bail. [40/2019] (3) To avoid doubt, a Magistrate’s Court can continue to exercise powers under Division 5 of Part 6 in relation to a case that has been transmitted under subsection (2) to the General Division of the High Court for the purpose of trial. [19/2018; 40/2019]


document_id: cpc-2010
provision_ref: s211
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 211
title: Public Prosecutor may issue subsequent fiat
content:
211. If the Public Prosecutor has by his or her fiat designated the General Division of the High Court for the trial of the accused, the Public Prosecutor may nevertheless by subsequent fiat addressed to the General Division of the High Court designate a District Court or a Magistrate’s Court for the trial. [40/2019]


document_id: cpc-2010
provision_ref: s211A
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 211A
title: When criminal case disclosure procedures apply
content:
211A. —(1) The criminal case disclosure procedures in this Division apply to any offence — ( a ) that must be tried in the General Division of the High Court; or ( b ) that — (i) is set out in a written law specified in the Second Schedule; and (ii) the Public Prosecutor designates the General Division of the High Court to try. [19/2018; 40/2019] (2) The criminal case disclosure procedures in this Division also apply to any offence that is to be tried in the General Division of the High Court, but is not mentioned in subsection (1), if all parties consent to have those procedures apply to that offence. [19/2018; 40/2019]


document_id: cpc-2010
provision_ref: s212
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 212
title: Procedure after case has been transmitted to General Division of High Court
content:
212. —(1) Where the criminal case disclosure procedures in this Division apply by virtue of section 211A, after the case has been transmitted to the General Division of the High Court, the prosecution and the defence must, unless the Registrar of the Supreme Court for good reason directs otherwise, attend a first criminal case disclosure conference, not earlier than 4 weeks from the date of transmission as directed by the Registrar of the Supreme Court for the purpose of settling the following matters: ( a ) the filing of the Case for the Prosecution and the Case for the Defence; ( b ) any issues of fact or law which are to be tried by the trial judge at the trial proper; ( c ) the list of witnesses to be called by the parties to the trial; ( d ) the statements, documents or exhibits which are intended by the parties to be admitted at the trial; ( e ) the trial date. [19/2018; 40/2019] (2) The Registrar of the Supreme Court must not make any order in relation to any matter mentioned in subsection (1) in the absence of any party if the order is prejudicial to that party. (3) Where the defence informs the Registrar of the Supreme Court during any criminal case disclosure conference conducted under this Division that the accused intends to plead guilty to the charge, the Registrar must fix a date for the accused’s plea to be taken in accordance with Division 3 of Part 11. [19/2018]


document_id: cpc-2010
provision_ref: s213
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 213
title: When Case for the Prosecution is served
content:
213. —(1) If, at the first criminal case disclosure conference held on the date referred to in section 212(1), or on such other date to which the first criminal case disclosure conference has been adjourned under section 238, the defence does not indicate that the accused wishes to plead guilty to the charge, the prosecution must file in the General Division of the High Court the Case for the Prosecution and serve a copy of this on the accused and every co‑accused claiming trial with the accused (if any) not later than 2 weeks from the date of the first criminal case disclosure conference or such date to which the first criminal case disclosure conference is adjourned. [19/2018; 40/2019] (2) Where at a criminal case disclosure conference, the defence indicates that the accused wishes to claim trial to more than one charge, the Case for the Prosecution to be served under subsection (1) shall only relate to those charges that the prosecution intends to proceed with at the trial. [19/2018] (3) The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference not earlier than 7 days from the date the Case for the Prosecution is to be filed under this section.


document_id: cpc-2010
provision_ref: s214
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 214
title: Contents of Case for the Prosecution
content:
214. —(1) The Case for the Prosecution must contain the following: ( a ) a copy of the charge which the prosecution intends to proceed with at the trial; ( aa ) a summary of the facts in support of the charge; [Act 5 of 2024 wef 14/02/2025] ( b ) a list of the names of the witnesses for the prosecution; ( c ) a list of exhibits that are intended by the prosecution to be admitted at the trial; ( d ) the statements of the witnesses under section 264 that are intended by the prosecution to be admitted at the trial; ( e ) any written statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution; ( f ) a list of every statement, made by the accused at any time to an officer of a law enforcement agency under any law, that is recorded in the form of an audiovisual recording, and that the prosecution intends to adduce in evidence as part of the case for the prosecution; ( g ) for every statement mentioned in paragraph ( f ), a transcript (if any) of the audiovisual recording of that statement. [19/2018] (2) Where the Case for the Prosecution has been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)( f ) at a police station or at any other prescribed place. [19/2018]


document_id: cpc-2010
provision_ref: s215
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 215
title: When Case for the Defence is served
content:
215. —(1) If, at the further criminal case disclosure conference held on the date referred to in section 213(3) or on such other date to which the further criminal case disclosure conference has been adjourned under section 238, the defence does not indicate that the accused wishes to plead guilty, the defence must, not later than 2 weeks after the date of the further criminal case disclosure conference — ( a ) file in the General Division of the High Court the Case for the Defence; and ( b ) serve a copy of the Case for the Defence on the prosecution and on every co‑accused claiming trial with the accused, if any. [Act 5 of 2024 wef 14/02/2025] (2) The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under this section and after the prosecution is to serve on the defence copies of the statements and records mentioned in section 218(1). (3) If the defence does not file in court the Case for the Defence, or does not serve the Case for the Defence, as required under subsection (1) — ( a ) the accused may be cross‑examined on why the Case for the Defence was not filed or served, as the case may be; and ( b ) the court may consider the accused’s evidence under the cross‑examination and draw such inference as it thinks fit under section 221(1)( a ) or ( b ). [Act 5 of 2024 wef 14/02/2025]


document_id: cpc-2010
provision_ref: s216
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 216
title: Court to explain to unrepresented accused certain matters
content:
216. If, at the further criminal case disclosure conference held on the date mentioned in section 215(1), the accused is not represented by an advocate, the Registrar of the Supreme Court must explain to the accused, in accordance with the prescribed form, the requirements under section 215(1), the effect of section 218 and the consequences provided under section 221. [Act 5 of 2024 wef 14/02/2025]


document_id: cpc-2010
provision_ref: s217
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 217
title: Contents of Case for the Defence
content:
217. —(1) The Case for the Defence must contain — ( a ) a summary of the defence to the charge and the facts in support of the defence; ( b ) a list of the names of the witnesses for the defence; ( c ) a list of the exhibits that are intended by the defence to be admitted at the trial; and ( d ) if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution — (i) a statement of the nature of the objection; (ii) the issue of fact on which evidence will be produced; and (iii) the points of law in support of such objection. Illustration 1 A is charged with robbery. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim gave the items to A voluntarily) and any issue of law which A intends to rely on (for example, that A ’s act did not amount to robbery as the elements of that offence were not made out, or that a general exception in Chapter 4 or right of private defence in Chapter 4A of the Penal Code 1871 applied in this case). Illustration 2 The accused, A , intends to challenge, at the trial, the voluntariness of A ’s statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements A intends to challenge and the facts that A intends to rely on to support A ’s challenge. [15/2019] (2) Despite subsection (1), an accused who is not represented by an advocate need not state any — ( a ) objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or ( b ) point of law in support of any objection raised by the defence.


document_id: cpc-2010
provision_ref: s218
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 218
title: Time for service of other statements, etc.
content:
218. —(1) After the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks after the date on which the Case for the Defence is served, serve on the defence copies of — ( a ) every other written statement given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial; ( aa ) for every other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law in relation to the charge or charges that the prosecution intends to proceed with at the trial, a transcript (if any) of the audiovisual recording of that statement; [Act 5 of 2024 wef 14/02/2025] ( ab ) each documentary exhibit mentioned in section 214(1)( c ) that has not been served on the defence; and [Act 5 of 2024 wef 14/02/2025] ( b ) criminal records (if any) of the accused, upon payment of the prescribed fee. [19/2018] (2) Where the documents mentioned in subsection (1) have been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)( aa ) at a police station or at any other prescribed place. [19/2018] (2A) Despite subsection (1), where any documentary exhibit mentioned in section 214(1)( c ) consists of any image (whether contained in a video recording, photograph or any other medium) of an individual’s genital or anal region, or the breasts of a woman — ( a ) the prosecution is not required to serve a copy of the documentary exhibit on the defence; but ( b ) the prosecution must, if requested by the defence, arrange for the defence to view the documentary exhibit at a police station or a prescribed place. [Act 5 of 2024 wef 26/05/2025] (3) Where the Case for the Defence has not been served on the prosecution, the prosecution — ( a ) need not serve on the defence any written statement, exhibit, transcript or record mentioned in subsection (1); [Act 5 of 2024 wef 14/02/2025] ( b ) need not arrange for the viewing mentioned in subsection (2) of the audiovisual recording of any statement mentioned in subsection (1)( aa ); [Act 5 of 2024 wef 26/05/2025] ( ba ) need not arrange for the viewing mentioned in subsection (2A)( b ) of any documentary exhibit mentioned in subsection (2A); and [Act 5 of 2024 wef 26/05/2025] ( c ) may use any such statement, transcript, record, audiovisual recording or documentary exhibit at the trial. [19/2018] [Act 5 of 2024 wef 14/02/2025] (4) Where the Case for the Defence has been served on the prosecution, the defence must, within 2 weeks after the date on which the Case for the Defence is served, serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 217(1)( c ) and is in the possession, custody or power of the accused. [19/2018] (5) The obligations of the prosecution under subsections (1), (2) and (2A)( b ) and the obligation of the defence under subsection (4) are independent of each other. [19/2018] [Act 5 of 2024 wef 26/05/2025]


document_id: cpc-2010
provision_ref: s219
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 219
title: Fixing dates for trial
content:
219. If, at the further criminal case disclosure conference held on the date mentioned in section 215(2), the defence does not indicate that the accused wishes to plead guilty, the Registrar of the Supreme Court may fix a date for trial. [19/2018]


document_id: cpc-2010
provision_ref: s220
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 220
title: If co-accused charged subsequently
content:
220. If, subsequent to any criminal case disclosure conference held under this Division in relation to an accused, a co‑accused is charged, the Registrar of the Supreme Court may do all or any of the following: ( a ) order the prosecution to serve on the co‑accused the Case for the Prosecution in relation to the accused; ( b ) order the accused to serve on the co‑accused the accused’s Case for the Defence, if any.


document_id: cpc-2010
provision_ref: s220A
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 220A
title: Case conference
content:
220A. Regardless whether the criminal case disclosure procedures in this Division apply by virtue of section 211A, the Registrar of the Supreme Court may, at any time, fix the date for and conduct a case conference to settle any administrative matter in relation to a trial. [19/2018] [Act 25 of 2021 wef 01/04/2022] Division 6 &#x2014; Non-compliance with certain
requirements in Division 5


document_id: cpc-2010
provision_ref: s221
chapter: PART 10 - PRE-TRIAL PROCEDURES IN
section: 221
title: Consequences of non-compliance with certain requirements in Division 5
content:
221. —(1) The court may draw such inference as it thinks fit if — ( a ) the prosecution fails to serve the Case for the Prosecution on the defence, or the defence fails to serve the Case for the Defence after the Case for the Prosecution has been served on the defence; ( b ) the prosecution fails to file the Case for the Prosecution in court, or the defence fails to file the Case for the Defence in court after the Case for the Prosecution has been served on the defence; ( c ) the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 214(1) or 217(1), respectively; ( d ) the prosecution fails to serve on the defence any copy of a statement, transcript, documentary exhibit or criminal record that the prosecution is required under section 218 to serve on the defence; ( e ) the defence fails to serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 217(1)( c ) and is in the possession, custody or power of the accused; or ( f ) the prosecution or the defence puts forward a case at the trial which differs from or is otherwise inconsistent with the Case for the Prosecution or the Case for the Defence, respectively, that has been filed. (2) A court may order a discharge not amounting to an acquittal in relation to a charge that the prosecution intends to proceed with at trial, if — ( a ) the prosecution fails to serve the Case for the Prosecution in respect of that charge within the time permitted under section 213; ( b ) the prosecution fails to file the Case for the Prosecution in court within the time permitted under section 213; ( c ) the Case for the Prosecution does not contain any or any part of the items specified in section 214(1); or ( d ) the prosecution fails to serve on the defence, within the time permitted under section 218, any copy of a statement, transcript, documentary exhibit or criminal record that the prosecution is required under that provision to serve on the defence. (3) Without affecting the generality of subsection (1), if any matter mentioned in paragraph ( a ), ( b ), ( c ), ( d ), ( e ) or ( f ) of subsection (1) is satisfied, the court may in determining — ( a ) whether there is a case to answer; and ( b ) whether the accused is guilty of the offence charged or not, draw such inferences from the matter as appear proper. (4) Any matter from which a court may draw such inferences under subsection (3) may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given by or against the accused in relation to which the matter is material. [Act 5 of 2024 wef 14/02/2025]


document_id: cpc-2010
provision_ref: s221A
chapter: PART 10A - PROSECUTION’S OBLIGATION TO
section: 221A
title: Meanings of unused material and material witness
content:
221A. —(1) In this Part, “unused material” means any material — ( a ) in the prosecution’s possession, other than — (i) any written statement made by an accused at any time and recorded by an officer of a law enforcement agency under any law; or (ii) any other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law, including a transcript (if any) of the audiovisual recording of that statement; ( b ) that the prosecution — (i) does not include either in the list of exhibits mentioned in section 162(1)( d ) or 214(1)( c ) or in a notice mentioned in section 231, where the criminal case disclosure procedures apply; or (ii) does not intend to adduce in evidence at the trial of any charge or charges in a case where the criminal case disclosure procedures do not apply in relation to the charge or charges; ( c ) that is — (i) likely to be admissible and is prima facie credible and relevant to the guilt or innocence of an accused; or (ii) likely to be inadmissible, but would provide a real (not fanciful) chance of pursuing a line of inquiry that leads to material that falls within the description in sub‑paragraph (i); and ( d ) that either tends to — (i) undermine the prosecution’s case; or (ii) support the accused’s defence as stated by the accused in — (A) the accused’s statement or statements to the relevant law enforcement agency; (B) the Case for the Defence; or (C) the accused’s testimony in court. Illustrations ( a ) A and B are charged with the murder of C in C ’s house. A witness D gave a statement to the police that only one intruder was in C ’s house at the time of the murder. If D ’s statement is in the prosecution’s possession and the prosecution did not include the statement in either the list of exhibits mentioned in section 214(1)( c ) or a notice mentioned in section 231, D ’s statement constitutes unused material if — (i) the prosecution’s case is that both A and B broke into C ’s house and killed C ; (ii) A ’s statement or statements to the relevant law enforcement agency or Case for the Defence states that A was not at C ’s house at the time of the murder; or (iii) A gives testimony in court that A was not at C ’s house at the time of the murder. ( b ) An anonymous letter to a police officer investigating an offence that contains a bare assertion that the accused is not guilty of the offence does not constitute unused material if the police is unable to trace the identity of the person who wrote the letter. ( c ) A photograph of a room where a murder was committed taken a long time after the murder, and after the room has been renovated such that it no longer resembles what it looked like at the time of the murder, does not constitute unused material. ( d ) A statement of a person ( A ) that A had committed the offence of voluntarily causing grievous hurt, instead of the accused, does not constitute unused material if it is incontrovertible that A was not at the scene of the crime when the offence was committed. (2) In this Part, “material witness” means any witness (other than a prosecution witness) who may confirm or contradict, in material respects, an accused’s defence as set out in — ( a ) the accused’s statement or statements to the relevant law enforcement agency; ( b ) the Case for the Defence; or ( c ) the accused’s testimony in court. (3) For the purpose of determining what the accused’s defence is for the purposes of subsection (1)( d )(ii) or (2) or section 221B(2), any defence that cannot reasonably be ascertained from the accused’s statement or statements to the relevant law enforcement agency, the Case for the Defence or the accused’s testimony in court is to be disregarded. (4) In subsections (1)( d )(ii), (2)( a ) and (3) and section 221B(2), “accused’s statement” means — ( a ) any written statement made by the accused at any time and recorded by an officer of the relevant law enforcement agency; or ( b ) any statement made by the accused at any time to an officer of the relevant law enforcement agency, that is recorded in the form of an audiovisual recording. (5) In this section, “Case for the Defence” and “criminal case disclosure procedures” have the meanings given by section 157 or 172, as the case may be. [Act 5 of 2024 wef 14/02/2025]


document_id: cpc-2010
provision_ref: s221B
chapter: PART 10A - PROSECUTION’S OBLIGATION TO
section: 221B
title: Prosecution’s obligation to serve certain materials on defence
content:
221B. —(1) Without affecting any requirement imposed under any rule of law (so far as it is not inconsistent with this Code or any other written law) relating to the prosecution’s obligation to serve on the defence any type of material in the prosecution’s possession, or the time of service of such material, the prosecution must serve the following materials on the defence in accordance with this section: ( a ) any unused material in relation to the charge or charges to be, or that are, proceeded with at the trial; ( b ) any statement of any material witness that relates to the charge or charges to be, or that are, proceeded with at the trial; ( c ) any written statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges to be, or that are, proceeded with at the trial, which the prosecution did not — (i) adduce in evidence at the trial at any time before the accused has completed his or her testimony in court or has elected not to testify, whichever is applicable; or (ii) serve on the defence under section 161(2), 166(1), 213(1) or 218(1); ( d ) a transcript (if any) of any other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law in relation to the charge or charges proceeded with at the trial, which the prosecution did not — (i) adduce in evidence at the trial at any time before the accused has completed his or her testimony in court or has elected not to testify, whichever is applicable; or (ii) serve on the defence under section 161(2), 166(1), 213(1) or 218(1). (2) To avoid doubt, the prosecution is not required to serve any statement of a prosecution witness who may confirm or contradict, in material respects, an accused’s defence as set out in the accused’s statement or statements to the relevant law enforcement agency, the Case for the Defence, or the accused’s testimony in court, unless the statement constitutes unused material. (3) Where in relation to the charge or charges against an accused that the prosecution intends to proceed with at the trial, the criminal case disclosure procedures apply by virtue of section 159 or 211A, the prosecution is required to serve on the defence the following materials at the following times: ( a ) the materials mentioned in subsection (1)( a ) that relate to the charge or charges at the same time that the Case for the Prosecution is served on the defence under section 161(2) or 213(1); ( b ) the materials mentioned in subsection (1)( b ) that relate to the charge or charges — (i) in the case where the Case for the Defence has been served on the prosecution in accordance with section 163(1) or 215(1) — at the same time as the service of the documents under section 166(1) or 218(1); or (ii) in the case where the Case for the Defence has not been served on the prosecution in accordance with section 163(1) or 215(1) — after the accused has testified in court or has elected not to testify in court; ( c ) the materials mentioned in subsection (1)( c ) and ( d ) that relate to the charge or charges, after the accused has testified in court or has elected not to testify in court. (4) Where in relation to the charge or charges against an accused that the prosecution intends to proceed with at the trial, the criminal case disclosure procedures do not apply by virtue of section 159 or 211A, the prosecution is required to serve on the defence the following materials at the following times: ( a ) the materials mentioned in subsection (1)( a ) that relate to the charge or charges, before the commencement of the trial of the charge or charges; ( b ) the materials mentioned in subsection (1)( b ), ( c ) or ( d ) that relate to the charge or charges, after the accused has testified in court or has elected not to testify in court. (5) This section does not affect the operation of any written law or rule of law concerning privilege, secrecy or the protection or non‑disclosure of any information. [Act 5 of 2024 wef 14/02/2025]


document_id: cpc-2010
provision_ref: s221C
chapter: PART 10A - PROSECUTION’S OBLIGATION TO
section: 221C
title: No obligation on prosecution to serve list of materials in prosecution’s possession
content:
221C. To avoid doubt, the prosecution is not obliged by any written law or rule of law to serve on the defence a list of all materials in the prosecution’s possession that the prosecution does not intend to adduce in evidence as part of the prosecution’s case during the trial. [Act 5 of 2024 wef 14/02/2025]


document_id: cpc-2010
provision_ref: s221D
chapter: PART 10A - PROSECUTION’S OBLIGATION TO
section: 221D
title:
Continuing obligation of prosecution to serve unused material or statement of material witness, etc.

content:
221D. —(1) If during the period — ( a ) after any unused material, or statement of any material witness, that relates to any charge or charges to be, or that are, proceeded with at the trial against an accused, has been served on the defence pursuant to the time for service under section 221B; and ( b ) before the accused is convicted or acquitted of the charge or charges, or where there is an appeal, before any appeal in relation to the charge or charges is finally disposed of, the prosecution becomes aware of any unused material, or statement of any material witness, that relates to the charge or charges and that is in the prosecution’s possession and has not been served on the defence, the prosecution must serve such other unused material or statement (as the case may be) on the defence as soon as reasonably practicable after becoming so aware. (2) If in respect of any charge or charges to be, or that are, proceeded with at the trial against an accused person — ( a ) any material witness is identified within the period mentioned in subsection (1); but ( b ) the prosecution is not in possession of any statement recorded from that material witness by any law enforcement agency, there is no obligation on the prosecution to require any law enforcement agency to record a statement from that material witness. (3) This section does not affect the operation of any written law or rule of law concerning privilege, secrecy or the protection or non-disclosure of any information. [Act 5 of 2024 wef 14/02/2025]


document_id: cpc-2010
provision_ref: s222
chapter: PART 11 - GENERAL PROVISIONS RELATING TO
section: 222
title: Conference by video link
content:
222. A criminal case disclosure conference, or a case conference, held under Part 9 or 10, or any matter in relation to such criminal case disclosure conference or case conference, may be heard by video link. [Act 25 of 2021 wef 01/04/2022]


document_id: cpc-2010
provision_ref: s223
chapter: PART 11 - GENERAL PROVISIONS RELATING TO
section: 223
title: Extension of time
content:
223. —(1) Any party to a criminal case disclosure conference may at any time apply to the court for an extension of time or a further extension of time to file or serve any document required under Part 9 or 10. (2) Any application under subsection (1) must be heard in the presence of all the parties to the criminal case disclosure conference.


document_id: cpc-2010
provision_ref: s224
chapter: PART 11 - GENERAL PROVISIONS RELATING TO
section: 224
title: Power of court to prohibit certain communication
content:
224. —(1) A relevant judge may, if satisfied that it is expedient in the interests of public safety, public security or propriety, public order, national interest or national security of Singapore or any part thereof, or for other sufficient reason to do so, order that any information contained in — ( a ) the Case for the Prosecution mentioned in sections 162 and 214; ( b ) the Case for the Defence mentioned in sections 165(1) and 217(1); or ( c ) the statements, exhibits or records mentioned in section 166(1) or 218(1), must not be communicated to any other person by the accused, and if the accused is represented by an advocate, by the accused’s advocate as well. [19/2018] (2) Despite subsection (1), an accused or an accused’s advocate (if any) may make an application to the relevant judge for the information contained in the Case for the Prosecution which is subject to an order under that subsection to be communicated to any other person, and the relevant judge may grant the application if the relevant judge is satisfied that such communication is necessary and desirable for the accused to conduct the accused’s defence. (3) The relevant judge who grants an application under subsection (2) may impose any condition as the relevant judge thinks necessary relating to the communication of the information to any other person. (4) Any person who acts in contravention of any order under subsection (1) or any condition imposed by the relevant judge under subsection (3) 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 12 months or to both. (5) The “relevant judge” mentioned in this section means a District Judge, Magistrate, the Registrar of the State Courts or the Registrar of the Supreme Court (as the case may be) conducting a criminal case disclosure conference under Part 9 or 10. [5/2014]


document_id: cpc-2010
provision_ref: s225
chapter: PART 11 - GENERAL PROVISIONS RELATING TO
section: 225
title: Restrictions on reports of restricted information
content:
225. —(1) It is not lawful to publish a report of any information contained in — ( a ) the Case for the Prosecution mentioned in sections 162 and 214; ( b ) the Case for the Defence mentioned in sections 165(1) and 217(1); or ( c ) the statements, exhibits or records mentioned in section 166(1) or 218(1), other than the names, ages and occupations of the accused person or persons, and the offence or offences, or a summary of them, with which the accused person or persons is or are charged. [19/2018] (2) If a report is published in contravention of this section, the following persons shall be liable on summary conviction to a fine not exceeding $5,000: ( a ) in the case of a publication of a report as part of a newspaper or periodical — any proprietor, editor or publisher of the newspaper or periodical; ( b ) in the case of a publication of a report otherwise than as part of a newspaper or periodical — the person who publishes it; ( c ) in the case of a broadcast of a report by a body corporate, limited liability partnership, partnership or unincorporated association — any person acting on behalf of the body corporate, limited liability partnership, partnership or unincorporated association, having functions in relation to the broadcast of the report corresponding to those of the editor of a newspaper or periodical. (3) Proceedings for an offence under this section may not be instituted otherwise than by or with the consent of the Public Prosecutor. (4) Subsection (1) is in addition to, and not in derogation of, the provisions of any other written law with respect to the publication of reports and proceedings of any court. (5) In this section — “broadcast” means any transmission of signs or signals for general reception, using wireless telecommunications or any other means of delivery, and whether or not the transmission is encrypted; “publish”, in relation to a report, means make the report available to the general public of Singapore, or any section thereof, in whatever form and by whatever means, including broadcasting and transmitting on what is commonly known as the Internet.


document_id: cpc-2010
provision_ref: s225A
chapter: PART 11 - GENERAL PROVISIONS RELATING TO
section: 225A
title: Restrictions on use of material disclosed by prosecution
content:
225A. —(1) Where the prosecution discloses (whether before, on or after 17 September 2018) any material to the accused or the accused’s advocate (if any) for the purposes of any criminal proceedings — ( a ) that material may be disclosed, for the purposes of those criminal proceedings, to any co‑accused in those criminal proceedings, or to the advocate (if any) of any such co‑accused, by any of the following persons: (i) the accused; (ii) the accused’s advocate (if any); (iii) any other co‑accused or advocate to whom that material was disclosed under this paragraph; and ( b ) on and after 17 September 2018, each of the following persons is deemed to give an undertaking to the court not to use that material for any purpose (other than the purposes of those criminal proceedings) without the permission of the Public Prosecutor: (i) the accused; (ii) the accused’s advocate (if any); (iii) any co‑accused or advocate to whom that material is disclosed under paragraph ( a ). [19/2018] (2) Subsection (1) applies regardless whether the material is disclosed by the prosecution voluntarily or pursuant to any written law or rule of law or any order of court. [19/2018] (3) The undertaking in subsection (1)( b ) ceases to apply to that material after that material is adduced as evidence in court in those criminal proceedings. [19/2018]


document_id: cpc-2010
provision_ref: s225B
chapter: PART 11 - GENERAL PROVISIONS RELATING TO
section: 225B
title: Mode of disclosing statement recorded in form of audiovisual recording
content:
225B. —(1) This section applies where any written law or rule of law requires the prosecution to disclose to the defence any statement made by a person examined under section 22 that is recorded in the form of an audiovisual recording. [19/2018] [Act 5 of 2024 wef 14/02/2025] (2) The prosecution is not required to produce either of the following to the defence: ( a ) the audiovisual recording of the statement; ( b ) a copy of that audiovisual recording. [19/2018] (3) The prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of the statement at a police station or at any other prescribed place. [19/2018]


document_id: cpc-2010
provision_ref: s225C
chapter: PART 11 - GENERAL PROVISIONS RELATING TO
section: 225C
title: Mode of disclosing exhibit containing intimate image
content:
225C. —(1) This section applies where any written law or rule of law requires the prosecution to disclose to the defence any exhibit consisting of any image (whether contained in a video recording, photograph or any other medium) of an individual’s genital or anal region, or the breasts of a woman. (2) The prosecution is not required to produce the exhibit mentioned in subsection (1) to the defence, but must — ( a ) inform the defence of the exhibit; and ( b ) if requested by the defence, arrange for the defence to view the exhibit at a police station or a prescribed place. [Act 5 of 2024 wef 26/05/2025] Division 2 &#x2014; When accused pleads guilty electronically


document_id: cpc-2010
provision_ref: s226
chapter: PART 11 - GENERAL PROVISIONS RELATING TO
section: 226
title: Pleading guilty electronically
content:
226. —(1) A person who is accused of a prescribed offence and is a prescribed person under subsection (7)( b ) may plead guilty electronically to that offence by paying the fine and any prescribed fee under subsection (7)( c ) in accordance with this section. (2) To plead guilty electronically, the accused must — ( a ) enter a plea of guilty at a computer terminal designated by the Registrar of the State Courts for that purpose within the prescribed time; and ( b ) pay in advance the fine fixed by the supervising Magistrate as the sentence to be imposed on an accused who pleads guilty electronically to that offence. [5/2014] (3) The Registrar of the State Courts must, within a reasonable time after the accused has entered the plea and paid the fine, send to the supervising Magistrate a record of the guilty plea and of the fine paid. [5/2014] (4) When the supervising Magistrate is satisfied that the fine fixed under subsection (2)( b ) has been paid, the Magistrate is to convict the accused of the prescribed offence in the accused’s absence and record the fine paid as the sentence passed for that offence. (5) The supervising Magistrate may, at any stage of the proceedings, require the accused to attend in person and, if necessary, enforce the accused’s attendance by — ( a ) issuing a summons if the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a summons; or ( b ) issuing a warrant if the case appears to be one in which, according to that column, the Magistrate should first issue a warrant, or if the Magistrate thinks fit, by issuing a summons causing the accused to be brought or to appear at a certain time before the Magistrate. (6) Nothing in subsection (5) affects section 120. (7) For the purposes of this section, the Minister may make regulations to prescribe — ( a ) the offences punishable by fine or by imprisonment of 12 months or less or both to which this section applies; ( b ) the class of persons who qualify to plead guilty electronically under this section; ( c ) the fee to be paid for the use of the computer terminal mentioned in subsection (2)( a ); ( d ) the method of paying fines and fees under this section; ( e ) the time within which an accused may plead guilty electronically; and ( f ) all matters necessary or convenient to give effect to this section. (8) In this section — “prescribed offence” means an offence specified in regulations made under subsection (7)( a ); “supervising Magistrate” means the Magistrate in charge of the operation of the computer terminal mentioned in subsection (2)( a ). Division 3 &#x2014; Plead guilty procedures


document_id: cpc-2010
provision_ref: s227
chapter: PART 11 - GENERAL PROVISIONS RELATING TO
section: 227
title: Procedure if accused pleads guilty, etc.
content:
227. —(1) If the accused pleads guilty to the charge after it has been read and explained to the accused, whether as originally framed or as amended, the accused’s plea must be recorded and the accused may be convicted on it. [4/2014] (2) Before the court records a plea of guilty, it must — ( a ) if the accused is not represented by an advocate, be satisfied that the accused — (i) understands the nature and consequences of the accused’s plea and the punishment prescribed for the offence; and (ii) intends to admit to the offence without qualification; or ( b ) if the accused is represented by an advocate, record the advocate’s confirmation that the accused — (i) understands the nature and consequences of the accused’s plea; and (ii) intends to admit to the offence without qualification. (3) The General Division of the High Court must not record a plea of guilty in a case where the accused pleads guilty to an offence punishable with death unless evidence is led by the prosecution to prove its case at the trial. [19/2018; 40/2019] (4) Where a case is transmitted for trial in the General Division of the High Court under Division 5 of Part 10, the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters mentioned in section 212, and the criminal case disclosure procedures in Division 5 of Part 10 apply, with the necessary modifications, in relation to the case, if — ( a ) either of the following applies: (i) the accused is charged with an offence mentioned in section 211A(1); (ii) the accused is charged with any other offence that is to be tried in the General Division of the High Court, and all parties consent to have those procedures apply to that offence; ( b ) a date is fixed for a plea of guilty to be taken from the accused; and ( c ) on that date, the accused refuses to plead, does not plead or claims trial. [19/2018; 40/2019] (5) Where — ( a ) the criminal case disclosure procedures apply by virtue of section 159 in relation to a case; ( b ) a date is fixed for a plea of guilty to be taken from the accused to whom the case relates; and ( c ) on that date, the accused refuses to plead, does not plead or claims trial, the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters mentioned in section 160 and the procedures in Division 2 of Part 9 apply, with the necessary modifications, in relation to the case.


document_id: cpc-2010
provision_ref: s228
chapter: PART 11 - GENERAL PROVISIONS RELATING TO
section: 228
title: Address on sentence, mitigation and sentence
content:
228. —(1) On the conviction of the accused, the prosecution may where it thinks fit address the court on sentence. (2) The address on sentence may include — ( a ) the criminal records of the accused; ( b ) any victim impact statement; and ( c ) any relevant factors which may affect the sentence. (3) The court must then hear any plea in mitigation of sentence by the accused and the prosecution has a right of reply. (4) Where the court is satisfied that any matter raised in the plea in mitigation materially affects any legal condition required by law to constitute the offence charged, the court must reject the plea of guilty. (5) After the court has heard the plea in mitigation, it may — ( a ) at its discretion or on the application of the prosecution or the accused hear any evidence to determine the truth or otherwise of the matters raised before the court which may materially affect the sentence; and ( b ) attach such weight to the matter raised as it considers appropriate after hearing the evidence. (6) The court must then pass sentence according to law immediately or on such day as it thinks fit. (7) In this section, “victim impact statement” means any statement relating to any harm suffered by any person as a direct result of an offence, which includes physical bodily harm or psychological or psychiatric harm.


document_id: cpc-2010
provision_ref: s229
chapter: PART 12 - PROCEDURE AT TRIAL IN ALL COURTS
section: 229
title: Interpretation of this Part
content:
229. In this Part, unless the context otherwise requires, “co‑accused” means any person tried jointly with the accused.


document_id: cpc-2010
provision_ref: s230
chapter: PART 12 - PROCEDURE AT TRIAL IN ALL COURTS
section: 230
title: Procedure at trial
content:
230. —(1) The following procedure must be complied with at the trial in all courts: ( a ) at the commencement of the trial, the charge must be read and explained to the accused and the accused’s plea taken; ( b ) if the accused pleads guilty to the charge, the court must follow the procedure set out in Division 3 of Part 11; ( c ) if the accused refuses to plead or does not plead or claims trial, the court must proceed to hear the case; ( d ) the prosecutor may open the prosecutor’s case and state shortly the nature of the offence with which the accused is charged and the evidence by which the prosecutor proposes to prove the guilt of the accused; ( e ) the prosecutor must then examine the prosecutor’s witnesses (if any) and each of them may in turn be cross‑examined by the accused and every co‑accused, after which the prosecutor may re‑examine them; ( f ) after the prosecutor has concluded the prosecutor’s case, the defence may invite the court to dismiss the case on the ground that there is no case to answer and the prosecutor may reply to the submission; ( g ) the court may alter the charge or frame a new charge before calling on the accused to give the accused’s defence and if the court does so, the court must follow the procedure set out in sections 128 to 131; ( h ) if the accused pleads guilty to this altered or new charge, the court must follow the procedure set out in Division 3 of Part 11; ( i ) if the accused refuses to plead or does not plead or claims trial to the altered or new charge, the court must proceed in accordance with the procedure set out hereinafter; ( j ) if after considering the evidence referred to in paragraph ( e ), the court is of the view that there is some evidence which is not inherently incredible and which satisfies each and every element of the charge as framed by the prosecutor or as altered or framed by the court, the court must call on the accused to give the accused’s defence; ( k ) the court must order a discharge amounting to an acquittal if it is of the view that there is no such evidence as referred to in paragraph ( j ); ( l ) nothing in paragraphs ( j ) and ( k ) prevents any court from acquitting the accused at any previous stage of the case if, for reasons to be recorded by the court, it considers the charge to be groundless; ( m ) before the accused calls any evidence in the accused’s defence, the court must inform the accused that the accused will be called upon by the court to give evidence in the accused’s own defence and what the effect will be if, when so called on, the accused refuses to give evidence on oath or affirmation; and the court may inform the accused in the following terms: “I find that the prosecution has made out a case against you on the charge(s) on which you are being tried. There is some evidence, not inherently incredible, that satisfies each and every element of the charge(s). Accordingly, I call upon you to give evidence in your own defence. You have 2 courses open to you. First, if you elect to give evidence you must give it from the witness box, on oath or affirmation, and be liable to cross‑examination. Second, if you elect not to give evidence in the witness box, that is to say, remain silent, then I must tell you that the court in deciding whether you are guilty or not, may draw such inferences as appear proper from your refusal to give evidence, including inferences that may be adverse to you. Let me also say, whichever course you take, it is open to you to call other evidence in your own defence. You may confer with your counsel on the course you wish to take. I now call upon you to give evidence in your own defence. How do you elect?”; ( n ) after the court has called upon the accused to give the accused’s defence, the accused may — (i) plead guilty to the charge, in which event the court must follow the procedure set out in Division 3 of Part 11; or (ii) choose to give the accused’s defence; ( o ) when the accused is called on to begin the accused’s defence, the accused may, before producing the accused’s evidence, open the accused’s case by stating the facts or law on which the accused intends to rely and make such comments as the accused thinks necessary on the evidence for the prosecution; ( p ) if the accused is giving evidence in the accused’s own defence, the evidence must be taken in the following order: (i) the accused must give evidence and then be cross‑examined first by the other co‑accused (if any) and then by the prosecutor after which the accused may be re‑examined; (ii) any witness for the defence of the accused must give evidence and they may in turn be cross‑examined first by the other co‑accused (if any) and then by the prosecutor after which the witness may be re‑examined; (iii) where there are other co‑accused persons, they and their witnesses must then give evidence and be cross‑examined and re‑examined in like order; ( q ) an accused may apply to the court to issue process for compelling the attendance of any witness for the purpose of examination or cross‑examination or to produce any exhibit in court, whether or not the witness has previously been examined in the case; ( r ) the court must issue process unless it considers that the application made under paragraph ( q ) should be refused because it is frivolous or vexatious or made to delay or frustrate justice and in such a case the court must record the reasons for the order; ( s ) before summoning any witness pursuant to an application under paragraph ( q ), the court may require that the witness’s reasonable expenses incurred in attending the trial be deposited in court by the defence; ( t ) at the close of the defence case, the prosecution has the right to call a person as a witness or recall and re‑examine a person already examined, for the purpose of rebuttal, and such witness may be cross‑examined by the accused and every co‑accused, after which the prosecutor may re‑examine the witness; ( u ) at the close of the defence case, the accused may sum up the accused’s case; ( v ) the prosecution has the final right of reply on the whole case; ( w ) if the court finds the accused not guilty, it must order a discharge amounting to an acquittal, and must, provided no other charge is pending against the accused, forthwith release the accused; ( x ) if the court finds the accused guilty, it must record a conviction and comply with the procedure in section 228 after which it must pass sentence in accordance with the law. (2) Where a witness, other than an accused, is giving evidence for the prosecution or the defence, the court may, on the application of either party, interpose that witness with any other witness if the court is of the view that there are good reasons to do so.


document_id: cpc-2010
provision_ref: s231
chapter: PART 12 - PROCEDURE AT TRIAL IN ALL COURTS
section: 231
title:
Notice required to call witness or produce exhibits not disclosed in Case for the Prosecution or Case for the Defence

content:
231. —(1) The prosecutor or defence may, at a trial, call a witness or produce an exhibit not disclosed in the Case for the Prosecution or the Case for the Defence, respectively, only if the prosecutor or defence (as the case may be) has given prior notice in writing to the court and the other parties to the trial of the intention of the prosecutor or defence (as the case may be) to call that witness or to produce that exhibit. (2) The notice must state the name of the witness and an outline of the witness’s evidence, or provide a brief description of the exhibit, as the case may be.


document_id: cpc-2010
provision_ref: s232
chapter: PART 12 - PROCEDURE AT TRIAL IN ALL COURTS
section: 232
title: Public Prosecutor may decline to further prosecute at any stage of trial
content:
232. —(1) At any stage of any proceedings in court — ( a ) before an accused is acquitted of any charge; or ( b ) where an accused has been convicted of any charge but before the accused is sentenced for that charge, the Public Prosecutor may, if he thinks fit, inform the court that the Public Prosecutor will not further prosecute the accused upon the charge, and the proceedings on the charge against the accused must then be stayed and the accused must be discharged from and of the same. (2) Except in cases referred to in section 147, a discharge under subsection (1) does not amount to an acquittal unless the court so directs. (3) Where an accused had previously been granted a discharge not amounting to an acquittal by a Magistrate’s Court or District Court in relation to an offence triable in the State Courts, any Magistrate’s Court or District Court (as the case may be) may grant the accused a discharge amounting to an acquittal on the application of the Public Prosecutor. [5/2014] (4) Where an accused had previously been granted a discharge not amounting to an acquittal by a Magistrate’s Court or District Court in relation to an offence triable in the General Division of the High Court, any Magistrate’s Court or District Court (as the case may be) may grant the accused a discharge on the application of the Public Prosecutor. [40/2019] (5) A discharge under subsection (4) has the effect of an acquittal. (6) An application under subsection (3) or (4) may be granted by the court despite the absence of the accused.


document_id: cpc-2010
provision_ref: s233
chapter: PART 12 - PROCEDURE AT TRIAL IN ALL COURTS
section: 233
title: Evidence to be taken in presence of accused
content:
233. Except as otherwise expressly provided, the evidence of a witness during a trial conducted in accordance with this Part must be taken in the presence of the accused or, when the accused’s personal attendance is dispensed with, in the presence of the accused’s advocate.


document_id: cpc-2010
provision_ref: s234
chapter: PART 12 - PROCEDURE AT TRIAL IN ALL COURTS
section: 234
title: Trial before single judge
content:
234. Every trial in the General Division of the High Court is to be heard and disposed of before a single Judge. [40/2019]


document_id: cpc-2010
provision_ref: s235
chapter: PART 12 - PROCEDURE AT TRIAL IN ALL COURTS
section: 235
title: Power of court to order any production of document or thing
content:
235. —(1) Whenever any court considers that the production of any document or other thing is necessary or desirable for the purposes of any inquiry, trial or other proceeding under this Code by or before that court, such court may issue a summons to the person in whose possession or power the document or thing is believed to be, to require the person to produce the document or thing at the time and place stated in the summons. (2) 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 court, required for the purposes of any inquiry, trial or proceeding under this Code, the court may require the Postal Authority, public postal licensee or public parcel locker network operator (as the case may be) to deliver that document or thing to such person as the court directs. [10/2021] (3) If a person is required merely to produce any document or thing, the person may comply with such requirement by causing the document or thing to be produced instead of bringing it in person. (4) This section does not affect any provision of the Evidence Act 1893. (5) Sections 115, 116 and 119 apply in relation to a summons issued under this section. (6) To avoid doubt, the power of a court under subsection (1) is not exercisable by any court which presides or is to preside over any criminal case disclosure conference or case conference held under Part 9 or 10, as the case may be. [Act 25 of 2021 wef 01/04/2022] (7) Despite subsection (1), where a statement made by a person is recorded in the form of an audiovisual recording, if a court considers that the production of the audiovisual recording is necessary or desirable for the purposes of any inquiry, trial or other proceeding under this Code by or before the court, the court may only order the prosecution to do either or both of the following: ( a ) to produce the audiovisual recording in court; ( b ) to arrange for the defence to view the audiovisual recording at a police station or at any other prescribed place. [19/2018]


document_id: cpc-2010
provision_ref: s237
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 237
title: Change of judge during trial
content:
237. —(1) Subject to subsection (3), if a judge, having heard and recorded the whole or part of the evidence in a trial, is unable to complete the case, it may be continued by another judge who has and who exercises such jurisdiction. (2) The judge who continues the case may, in the interest of justice and without material prejudice to the parties to the proceedings — ( a ) act on the evidence recorded by his or her predecessor or recorded partly by his or her predecessor and partly by himself or herself; or ( b ) start the trial again by summoning the witnesses. (3) When there is a change of judge, any party to the proceedings may apply for any or all of the witnesses to be summoned and heard again and the judge must allow the application unless — ( a ) the witness is dead or cannot be found or is incapable of giving evidence or is kept out of the way by the party making the application, or the witness cannot be brought to court without unreasonable delay or expense; or ( b ) the court believes that the application is frivolous, vexatious or is made for the purpose of delay. (4) The appellate court may set aside any conviction made on evidence not wholly heard by the trial court which continued the case and it may order a new trial, if it believes that the accused’s defence on the merits has been materially prejudiced by the proceedings.


document_id: cpc-2010
provision_ref: s238
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 238
title: Power to postpone or adjourn proceedings
content:
238. —(1) The court may postpone or adjourn any inquiry, trial or other proceedings on such terms as it thinks fit and for as long as it considers reasonable, if the absence of a witness or any other reasonable cause makes this necessary or advisable. (2) Subject to subsection (3), if the accused is not on bail, the court may by a warrant remand the accused in custody as it thinks fit. (3) If it appears likely that further evidence may be obtained by a remand, the court may so remand the accused in custody for the purpose of any investigation by a law enforcement agency but not for more than 8 days at a time. (4) If the accused is on bail, the court may extend the bail. (5) The court must record in writing the reasons for the postponement or adjournment of the proceedings.


document_id: cpc-2010
provision_ref: s238A
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 238A
title: Oral hearing not needed generally
content:
238A. —(1) Subject to subsection (2), a court may decide any matter without hearing oral arguments, other than a matter prescribed by the Criminal Procedure Rules. (2) Subsection (1) does not allow any part of a proceeding where oral evidence is given (including any part of a trial of an offence) to be conducted without an oral hearing. (3) Subject to subsection (4), a court may, in any matter that the court may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties, using such means of communication as directed by the court. (4) The court must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties. (5) To avoid doubt, this section does not affect the power of a court to hear oral arguments before deciding any matter that may be decided without hearing oral arguments. [Act 25 of 2021 wef 01/04/2022] (6) Despite section 298, but subject to subsections (7) and (8), where under subsection (1) a court decides any matter without hearing oral arguments, the court is not required to deliver judgment in open court. [Act 5 of 2024 wef 31/05/2024] (7) Where, under subsection (1), a trial court decides a matter without hearing oral arguments — ( a ) the trial court must deliver judgment and pass sentence in open court if the trial court finds an accused guilty and imposes a sentence other than a sentence of a fine only; ( b ) the trial court must pass sentence in open court if the trial court, having imposed a sentence of a fine only after finding the accused guilty, rectifies any error in the exercise of its sentencing powers by imposing a sentence other than a sentence of a fine only; or ( c ) the trial court must pass sentence in open court if the trial court, having imposed a sentence (other than a sentence of a fine only) after finding the accused guilty, rectifies any error in the exercise of its sentencing powers by imposing a sentence that is or includes a different type of sentence, other than a sentence of a fine only. [Act 5 of 2024 wef 31/05/2024] (8) Where, under subsection (1), a court (called in this subsection a relevant court) decides any matter without hearing oral arguments in any criminal appeal, case stated, criminal revision, criminal reference or criminal motion, the relevant court must deliver judgment and pass sentence in open court if — ( a ) the relevant court reverses the acquittal of an accused and imposes a sentence other than a sentence of a fine only; ( b ) where a sentence of a fine only had been imposed on the accused, the relevant court varies the sentence by imposing a sentence other than a sentence of a fine only; or ( c ) where a sentence (other than a sentence of a fine only) had been imposed on the accused, the relevant court varies the sentence by imposing a different type of sentence (other than a sentence of a fine only), whether in addition to or in substitution of the sentence earlier imposed. [Act 5 of 2024 wef 31/05/2024] (9) In subsection (7), “trial court” includes a court that records a guilty plea. [Act 5 of 2024 wef 31/05/2024]


document_id: cpc-2010
provision_ref: s238B
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 238B
title: Summary dismissal of applications
content:
238B. —(1) Any application may, without being set down for hearing, be summarily dismissed by a written order of the court, certifying that the court, having perused the application and any accompanying material, is satisfied that the application has been brought without any sufficient ground. (2) Before summarily dismissing an application, the court — ( a ) must consider the applicant’s written submissions (if any); and ( b ) may, but is not required to, consider the respondent’s written submissions (if any). (3) Where the court comprises more than one Judge, the decision of the court to dismiss the application summarily under subsection (1) can only be made by a unanimous decision of all the Judges sitting in the court. (4) Notice of the dismissal must be served on the applicant. (5) If, within 14 days after the service on the applicant of a notice of the dismissal of an application by the General Division of the High Court in the exercise of its appellate or revisionary jurisdiction or the Court of Appeal under subsection (1), the applicant gives to the Registrar of the Supreme Court — ( a ) notice of an application for permission to amend the application so as to raise a question of law; and ( b ) a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, the Chief Justice (in the case where the application is made to the Court of Appeal) or any Judge sitting in the General Division of the High Court (in the case where the application is made to the General Division of the High Court) may grant permission to the applicant to amend the application accordingly and restore the application for hearing. (6) In this section — “application” means any application under this Code and includes a criminal motion and an application under section 400 or 404, but does not include — ( a ) an appeal, an application for permission under section 394H(1), a review application or an application under section 397(1); or ( b ) an application under section 417(1) for an order for review of detention; “review application” has the meaning given by section 394F(1). [Act 25 of 2021 wef 01/04/2022] Division 2 &#x2014; Transfer of cases


document_id: cpc-2010
provision_ref: s239
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 239
title: Power of General Division of High Court to transfer cases
content:
239. —(1) Where in respect of any case it appears to the General Division of the High Court that — ( a ) a fair and impartial trial cannot be had in any State Court; ( b ) some question of law of unusual difficulty is likely to arise; or ( c ) a transfer of the case is expedient for the ends of justice or is required by this Code or any other written law, the General Division of the High Court may order — ( d ) that the case be transferred from a State Court to any other State Court of equal or superior jurisdiction; or ( e ) that the case be transferred to and tried before the General Division of the High Court. [5/2014; 40/2019] (2) An application for the transfer of a case may be made only after a court has fixed the case for trial in accordance with the pre‑trial procedures in the State Courts in Part 9, and the order may be granted at any time thereafter before the conclusion of the trial. [5/2014] (3) The application for the transfer of a case is to be by way of a motion and Division 5 of Part 20 applies, except that where the applicant is the Public Prosecutor, the motion need not be supported by affidavit. (4) When an accused makes an application under this section for the transfer of a case, the General Division of the High Court may, if it thinks fit, order the accused to execute a bond with or without sureties requiring the accused, if convicted, to pay the costs of the prosecution. [40/2019]


document_id: cpc-2010
provision_ref: s240
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 240
title: Transfer of cases by other courts
content:
240. —(1) In any trial before a Magistrate’s Court in which it appears at any stage of the proceedings that from any cause the case is one which the Magistrate’s Court is not competent to try or one which in the opinion of that Court ought to be tried by a District Court or by the General Division of the High Court, or if before or during the trial an application is made by the Public Prosecutor, the Magistrate’s Court must stay proceedings and — ( a ) transfer the case to a District Court; or ( b ) forward the case to the Public Prosecutor, to enable the transmission procedures under Division 5 of Part 10 to be held. [19/2018; 40/2019] (2) In any trial before a District Court in which it appears at any stage of the proceedings that from any cause the case is one that the District Court is not competent to try or one that in the opinion of the District Court ought to be tried by the General Division of the High Court, or if before or during the trial an application is made by the Public Prosecutor, the District Court must — ( a ) stay proceedings; and ( b ) forward the case to the Public Prosecutor, to enable the transmission procedures under Division 5 of Part 10 to be held. [19/2018; 40/2019] (2A) Where the case is forwarded to the Public Prosecutor under subsection (1)( b ) or (2)( b ), Division 5 of Part 10 applies in relation to the case. [19/2018] (3) The Magistrate’s Court and the District Court must record its order on the proceedings made under subsections (1) and (2), respectively. (4) The powers conferred by subsections (1) and (2), other than the power of a Magistrate’s Court to transfer a case to a District Court, must not be exercised except upon the application of the Public Prosecutor or with the consent of the Public Prosecutor. (5) If in a trial before a Magistrate’s Court or District Court the accused, when charged, has refused to plead or has not pleaded or has claimed to be tried, and no further step has been taken in the proceedings, that Court may, if it thinks fit, stay the proceedings and transfer the case to another Magistrate’s Court or District Court (as the case may be) and must record its order on the proceedings. (6) If, in any trial before a Magistrate’s Court or District Court — ( a ) the accused is charged with an offence under the Protection from Harassment Act 2014; ( b ) the accused, when charged, has refused to plead or has not pleaded or has claimed to be tried; and ( c ) no further step has been taken in the proceedings relating to the offence under the Protection from Harassment Act 2014, the Magistrate’s Court or District Court (as the case may be) must stay the proceedings and transfer the case, relating to that offence, to a Protection from Harassment Court (unless there is sufficient reason not to do so), and must record its order on the proceedings. Explanation .—In determining whether there is sufficient reason not to stay the proceedings and transfer the case under section 240(6), the Magistrate’s Court or District Court may consider the following: ( a ) whether the accused is also charged with any offence under section 6 of the Protection from Harassment Act 2014 or any offence that is not an offence under that Act; ( b ) where the accused is charged with one or more other offences mentioned in paragraph ( a ), whether the maximum penalty for any of those offences is higher than the maximum penalty for any offence under the Protection from Harassment Act 2014 (other than under section 6 of that Act) that the accused is charged with; ( c ) whether any step has been taken against the accused, or a co‑accused, in any proceedings pending before a Magistrate’s Court or a District Court; ( d ) whether the pending proceedings mentioned in paragraph ( c ) relate to offences that arise from a series of acts that are so connected to the offence under the Protection from Harassment Act 2014 that the accused is charged with, as to form a single transaction; ( e ) whether the pending proceedings mentioned in paragraph ( c ) relate to offences that are of the same or a similar character as the offence under the Protection from Harassment Act 2014 that the accused is charged with; ( f ) whether no civil proceedings under the Protection from Harassment Act 2014, for a contravention involving the same underlying conduct have been, or are likely to be, brought before the Protection from Harassment Court. [17/2019] Division 3 &#x2014; Compounding of offences


document_id: cpc-2010
provision_ref: s241
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 241
title: Compounding offences
content:
241. —(1) An offence specified in the third column of the Fourth Schedule may be compounded at any time by the person specified in the fourth column of that Schedule or, if that person is suffering from a legal or mental disability, by any person competent to act on the firstmentioned person’s behalf. (2) Despite subsection (1), where investigations have commenced for an offence specified in the third column of the Fourth Schedule, or when the accused has been charged in court for the offence, the offence may only be compounded with the consent of the Public Prosecutor on such conditions as the Public Prosecutor may impose. (3) Where any offence is compoundable under this section, the abetment of or a conspiracy to commit the offence, or an attempt to commit the offence when the attempt is itself an offence, may be compounded in like manner. (4) Where investigations have commenced for an offence which is subsequently compounded under subsection (2), no further proceedings are to be taken against the person reasonably suspected of having committed the offence. (5) Where after the accused has been charged in court, the offence is compounded under subsection (2), the court must order a discharge amounting to an acquittal in respect of the accused.


document_id: cpc-2010
provision_ref: s242
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 242
title: Public Prosecutor may compound offences
content:
242. —(1) The Public Prosecutor may, on such terms and conditions as the Public Prosecutor may determine, at any time compound any offence or class of offences as may be prescribed by collecting from a person who is reasonably suspected of having committed the offence a sum of money not exceeding — ( a ) one half of the amount of the maximum fine that is prescribed for the offence; or ( b ) $5,000, whichever is the lower. (2) Where any offence is compoundable under this section, the abetment of or a conspiracy to commit the offence, or an attempt to commit the offence when the attempt is itself an offence, may be compounded in like manner. (3) Where investigations have commenced for an offence which is subsequently compounded under subsection (1), no further proceedings are to be taken against the person reasonably suspected of having committed the offence. (4) Where after the accused has been charged in court, the offence is compounded under subsection (1), such composition has the effect of an acquittal in respect of the accused. (5) The Public Prosecutor may authorise in writing one or more Deputy Public Prosecutors to exercise the power of composition conferred on the Public Prosecutor under this section. (6) The Minister must designate the person who may collect any sum of money paid under this section for the composition of offences.


document_id: cpc-2010
provision_ref: s243
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 243
title: Compounding of offences under other written laws
content:
243. —(1) Where any Act (other than the Penal Code 1871) contains an express provision for the composition of offences thereunder, the person authorised under that provision to compound such offences must exercise the power of composition subject to any general or special directions of the Public Prosecutor. (2) Where any Act (other than the Penal Code 1871) does not contain any provision for the composition of offences thereunder, any offence under that Act or any subsidiary legislation made under that Act may be compounded under this section if the offence is prescribed under that Act as a compoundable offence. (3) For the purposes of subsection (2), the power conferred on any Minister, statutory authority or other person to make subsidiary legislation under any Act to which that subsection applies includes the power — ( a ) to prescribe the offences under that Act or any subsidiary legislation made under that Act that may be compounded under this section; ( b ) to designate the person who may compound such offences; and ( c ) to specify the maximum sum for which any such offence may be compoundable, except that the maximum sum so specified must not exceed — (i) one half of the amount of the maximum fine that is prescribed for the offence; or (ii) $2,000, whichever is the lower. (4) The person designated under subsection (3)( b ) may, subject to such general or special directions that the Public Prosecutor may give, compound any offence prescribed under subsection (3)( a ) by collecting from a person who is reasonably suspected of having committed the offence a sum of money not exceeding the maximum sum that is specified under subsection (3)( c ) in respect of that offence. (5) On payment of the sum of money, no further proceedings are to be taken against that person in respect of such offence. Division 4 &#x2014; Previous acquittals or convictions


document_id: cpc-2010
provision_ref: s244
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 244
title: Person once convicted or acquitted not to be tried again for offence on same facts
content:
244. —(1) A person who has been tried by a court of competent jurisdiction for an offence and has been convicted or acquitted of that offence shall not be liable, while the conviction or acquittal remains in force, to be tried again for the same offence nor on the same facts for any other offence for which a different charge might have been made under section 138 or for which the person might have been convicted under section 139 or 140. (2) A person acquitted or convicted of any offence may afterwards be tried for any distinct offence for which a separate charge might have been made against the person in the former trial under section 134. (3) A person convicted of any offence constituted by any act causing consequences that together with that act amount to a different offence from that of which the person was convicted may afterwards be tried for that different offence if the consequences had not happened or were not known to the court to have happened at the time when the person was convicted. (4) A person acquitted or convicted of any offence constituted by certain acts may, despite the acquittal or conviction, be charged later with and tried for any other offence constituted by the same acts which the person may have committed if the court that first tried the person was not competent to try the offence with which the person is subsequently charged. Explanation — The dismissal of a complaint or the discharge of the accused is not an acquittal for the purposes of this section. Illustrations ( a ) A is tried on a charge of theft as a servant and acquitted. While the acquittal remains in force, A cannot afterwards be charged on the same facts with theft as a servant or with theft simply or with criminal breach of trust. ( b ) A is tried on a charge of murder and acquitted. There is no charge of robbery; but it appears from the facts that A committed robbery at the time when the murder was committed. A may afterwards be charged with and tried for robbery. ( c ) A is tried for causing grievous hurt and convicted. Afterwards, the person injured dies of his or her injuries. A may be tried again for culpable homicide. ( d ) A is tried and convicted of the culpable homicide of B . A may not afterwards be tried on the same facts for the murder of B . ( e ) A is charged with and convicted of voluntarily causing hurt to B . A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts unless the case comes within subsection (3).


document_id: cpc-2010
provision_ref: s245
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 245
title: Plea of previous acquittal or conviction
content:
245. —(1) The plea of previous acquittal or conviction may be made orally or in writing and may be in the following form or to the following effect: “The accused person says that by virtue of Article 11(2) of the Constitution or section 244 of the Criminal Procedure Code 2010 the accused person is not liable to be tried.”. (2) This plea may be made with any other plea, but the issue raised by the plea must be tried and disposed of before the issues raised by the other pleas are tried. (3) When an issue is tried on a plea of a previous acquittal or conviction, the record of proceedings of the former trial is admissible as evidence to prove or disprove whether the accused person is being tried again for the same offence or on the same facts for any other offence. Division 5 &#x2014; Proceedings relating to persons of unsound mind or otherwise incapable of making defence [Act 19 of 2018 wef 15/11/2022]


document_id: cpc-2010
provision_ref: s246
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 246
title: Interpretation of this Division
content:
246. In this Division — “designated medical practitioner”, in relation to any psychiatric institution, has the meaning given by the Mental Health (Care and Treatment) Act 2008; “principal officer”, in relation to any psychiatric institution, has the meaning given by the Mental Health (Care and Treatment) Act 2008; “psychiatric institution” has the meaning given by the Mental Health (Care and Treatment) Act 2008.


document_id: cpc-2010
provision_ref: s247
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 247
title: Procedure if accused is suspected to be incapable of making defence
content:
247. —(1) When a court, which is holding or about to hold any inquiry, trial or other proceeding, has reason to suspect that the accused, by reason of unsoundness of mind or any physical or mental condition, is incapable of making the accused’s defence, the court must in the first instance investigate whether the accused is in fact so incapable. (2) The investigation may be held in the absence of the accused if the court is satisfied that, owing to the accused’s state of mind or physical or mental condition, it would be in the interests of the safety of the accused or of any other person, or in the interests of public decency, that the accused should be absent. (3) For the purposes of the investigation, the court may — ( a ) receive as evidence a certificate in writing signed by a medical practitioner stating that, in the opinion of the medical practitioner, the accused — (i) is incapable of making the accused’s defence by reason of unsoundness of mind or any physical or mental condition; or (ii) is a proper person to be detained for observation and treatment in a psychiatric institution; or ( b ) if the court sees fit, take oral evidence from a medical practitioner on the accused’s state of mind or physical or mental condition. (4) If the court, on its own motion or on the application of the Public Prosecutor, is not satisfied that the accused is capable of making the accused’s defence, the court must — ( a ) postpone the inquiry, trial or other proceeding; and ( b ) order that the accused be remanded for observation in a psychiatric institution for a period not exceeding one month. (5) During the period of the accused’s remand (including any extension under subsection (8) of that period), a designated medical practitioner must — ( a ) keep the accused under observation; and ( b ) provide any necessary treatment. (6) Before the expiry of the period of the accused’s remand (including any extension under subsection (8) of that period) — ( a ) the designated medical practitioner must certify in writing to the court the designated medical practitioner’s opinion on the following matters: (i) the accused’s state of mind or physical or mental condition and, consequently, the accused’s ability to make the accused’s defence; (ii) whether there is any risk that the accused, if released, may injure himself or any other person; (iii) if there is any such risk — (A) the extent of that risk; (B) the conditions (if any) that may be imposed to minimise that risk; and (C) the extent to which each such condition (if any) will minimise that risk; or ( b ) if the designated medical practitioner is unable within that period to form a conclusion on one or more of the matters mentioned in paragraph ( a )(i), (ii) and (iii), the designated medical practitioner must — (i) certify in writing to the court the matters mentioned in paragraph ( a )(i), (ii) and (iii) on which the designated medical practitioner is unable within that period to form a conclusion; and (ii) request for the accused to be further remanded for observation in a psychiatric institution for a period not exceeding 2 months at any one time. (7) For the purposes of subsection (6)( a )(iii)(B), the conditions that the designated medical practitioner may certify to be conditions that may be imposed to minimise the risk that the accused, if released, may injure himself or any other person, include the following conditions: ( a ) the accused must reside at a place, such as a nursing home in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified by the designated medical practitioner; [Act 19 of 2025 wef 05/12/2025] [Act 3 of 2020 wef 26/06/2023] ( b ) the accused must present himself for any medical treatment that is specified by the designated medical practitioner; ( c ) the accused must take any medication that is specified by the designated medical practitioner; ( d ) a person must supervise the accused’s compliance with any conditions that are imposed on the accused to minimise that risk. (8) The court may, on a request under subsection (6)( b )(ii), extend the period of the accused’s remand for observation in a psychiatric institution. [Act 19 of 2018 wef 15/11/2022]


document_id: cpc-2010
provision_ref: s248
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 248
title: Certificate of designated medical practitioner
content:
248. —(1) If the designated medical practitioner certifies that the accused is capable of making his or her defence, the court must, unless satisfied to the contrary, find accordingly. [Act 5 of 2024 wef 14/02/2025] (2) If the designated medical practitioner certifies that the accused is, by reason of unsoundness of mind or any physical or mental condition, incapable of making his or her defence, the court must, unless satisfied to the contrary, find accordingly. [Act 5 of 2024 wef 14/02/2025] (2A) Where the court — ( a ) is satisfied under subsection (1); or ( b ) finds under subsection (2), that the accused is incapable of making his or her defence, the inquiry or trial or other proceeding must be stayed after the court makes an order under section 249(2) or reports the case to the Minister under section 249(8), as the case may be. [Act 5 of 2024 wef 14/02/2025] (2B) Where the court — ( a ) finds under subsection (1); or ( b ) is satisfied under subsection (2), that the accused is capable of making his or her defence, the court must proceed with the inquiry or trial or other proceeding. [Act 5 of 2024 wef 14/02/2025] (3) The determination of the issue as to whether or not the accused is, by reason of unsoundness of mind or any physical or mental condition, incapable of making his or her defence is, if the finding is that the accused is capable of making his or her defence, deemed to be part of his or her trial before the court. [Act 19 of 2018 wef 15/11/2022] (4) The certificate of the designated medical practitioner is admissible as evidence under this section. [33/2012] (5) If the court is satisfied under subsection (1), or finds under subsection (2), that the accused is incapable of making his or her defence — ( a ) the court may decide that it is not necessary for the accused to be present in court during proceedings under this section; and ( b ) the court may order — (i) that the accused be remanded in a psychiatric institution, a prison or any other suitable place of safe custody; or (ii) that the accused be released subject to any conditions that the court sees fit, pending an order under section 249(2) or a report under section 249(8), as the case may be. [Act 5 of 2024 wef 14/02/2025] (6) To avoid doubt, where a case is transmitted to the General Division of the High Court under section 249(9A), only the General Division of the High Court may exercise the discretion under subsection (5)( a ) or make any order under subsection (5)( b ). [Act 5 of 2024 wef 14/02/2025]


document_id: cpc-2010
provision_ref: s249
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 249
title: Release, pending investigation or trial, of person incapable of making defence
content:
249. —(1) This section applies where the court is satisfied under section 248(1), or finds under section 248(2), that an accused is incapable of making the accused’s defence by reason of unsoundness of mind or any physical or mental condition. [Act 5 of 2024 wef 14/02/2025] (2) If every offence that the accused is charged with is bailable, the court may order the release of the accused on the following conditions: ( a ) the accused will be properly taken care of; ( b ) the accused will be prevented from injuring himself or any other person; ( c ) the accused will, when required, appear in court or before any officer that the court appoints for that purpose; ( d ) any other conditions that the court may impose in any particular case. (3) An order under subsection (2) may (but need not) specify — ( a ) for the purposes of subsection (2)( a ), a person by whom the accused will be properly taken care of; or ( b ) for the purposes of subsection (2)( b ), a person by whom the accused will be prevented from injuring himself or any other person. (4) For the purposes of subsection (2)( d ), the conditions that the court may impose in any particular case, when the court makes an order under subsection (2), include the following conditions: ( a ) the accused must reside at a place, such as a nursing home in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order; [Act 19 of 2025 wef 05/12/2025] [Act 3 of 2020 wef 26/06/2023] ( b ) the accused must present himself for any medical treatment that is specified in the order; ( c ) the accused must take any medication that is specified in the order; ( d ) the accused, or any other person or persons specified in the order, or 2 or more of them, must give sufficient security for compliance with the conditions of the order; ( e ) a person specified in the order must supervise the accused’s compliance with any conditions of the order that are imposed on the accused. (5) The court may, on the application of any party — ( a ) vary any condition mentioned in subsection (2)( a ), ( b ) and ( c ); and ( b ) vary, revoke or add to any condition mentioned in subsection (2)( d ). (6) The court may, after considering the matters reported under section 253(3) in relation to the accused, revoke an order under subsection (2) for the release of the accused. (7) The court may also revoke an order under subsection (2) for the release of the accused if — ( a ) the accused fails, without reasonable excuse, to comply with any condition of the order that is imposed on the accused; or ( b ) any other person specified in the order fails, without reasonable excuse, to comply with any condition of the order that is imposed on that person. (8) The court must report a case to the Minister if — ( a ) any offence that the accused is charged with is not bailable; ( b ) every offence that the accused is charged with is bailable, but the court does not order under subsection (2) the release of the accused; or ( c ) the court revokes under subsection (6) or (7) an order under subsection (2) for the release of the accused. (9) Where the court reports a case to the Minister under subsection (8), the following apply: ( a ) except where paragraph ( b ) applies, the court must specify in the report the notional period of imprisonment that the accused would have been required to undergo, if the accused was convicted of every offence that the accused is charged with (called in this section the notional imprisonment period); [Act 5 of 2024 wef 14/02/2025] ( b ) if any offence that the accused is charged with is a capital or life imprisonment offence, the Minister must make an order that the accused be confined in a psychiatric institution, a prison or any other suitable place of safe custody specified in the Minister’s order, for a period that may extend to the term of the accused’s natural life; ( c ) if no offence that the accused is charged with is a capital or life imprisonment offence, the Minister must make either of the following orders: (i) an order that the accused be confined in a psychiatric institution, a prison or any other suitable place of safe custody specified in the Minister’s order, for a period in relation to which the following conditions are satisfied: (A) the period of confinement under the Minister’s order must not exceed the notional imprisonment period; (B) the total period of confinement under the Minister’s order, and under every earlier order (if any) made by the Minister under paragraph ( b ) or sub‑paragraph (i) in respect of any offence that the accused is charged with, does not exceed the notional imprisonment period; (ii) an order that the accused be released on the following conditions: (A) the accused will be properly taken care of; (B) the accused will be prevented from injuring himself or any other person; (C) the accused will, when required, appear in court or before any officer that the court appoints for that purpose; (D) any other conditions that the Minister may impose in any particular case; ( d ) the court must give effect to the Minister’s order under paragraph ( b ) or ( c )(i) or (ii). (9A) Where in relation to any offence that an accused is charged with, a District Court or Magistrate’s Court is satisfied under section 248(1), or finds under section 248(2), that the accused is incapable of making his or her defence, and the Public Prosecutor is of the opinion that the notional imprisonment period must or ought to be determined by the General Division of the High Court — ( a ) the Public Prosecutor must, by fiat in writing signed by the Public Prosecutor, designate the General Division of the High Court to try every offence the accused is charged with; ( b ) upon receipt of the fiat mentioned in paragraph ( a ) together with the charge, the District Court or Magistrate’s Court (as the case may be) must cause the charge to be read and explained to the accused and thereafter transmit the case to the General Division of the High Court; and ( c ) the General Division of the High Court may deal with the case so transmitted in accordance with the procedures set out in this Division. [Act 5 of 2024 wef 14/02/2025] (9B) Where a case is transmitted to the General Division of the High Court under subsection (9A) — ( a ) the General Division of the High Court — (i) is not bound by any earlier determination of the District Court or Magistrate’s Court under section 248(1) or (2) that the accused is incapable of making his or her defence; (ii) may either adopt any earlier determination of the District Court or Magistrate’s Court under section 248(1) or (2) that the accused is incapable of making his or her defence, or may make a fresh determination under section 248(1) or (2); and (iii) may receive any further evidence that it considers necessary to determine whether the accused is in fact incapable of making his or her defence; ( b ) the General Division of the High Court must — (i) if it makes a fresh determination under section 248(1) or (2), or adopts the earlier determination of the District Court or Magistrate’s Court under section 248(1) or (2), that the accused is incapable of making his or her defence, comply with subsections (8) and (9) instead of the District Court or Magistrate’s Court that has made the earlier determination; and (ii) if it makes a fresh determination under section 248(1) or (2) that the accused is capable of making his or her defence, proceed with the inquiry or trial or other proceeding; ( c ) the criminal case disclosure procedures under Division 5 of Part 10 must be stayed until — (i) the time the General Division of the High Court finds under section 248(1), or is satisfied under section 248(2), that the accused is capable of making his or her defence; or (ii) the time the accused is certified under section 254(1) to be capable of making his or her defence, as the case may be; ( d ) any order under section 248(5)( b ) made by the District Court or Magistrate’s Court before the case is transmitted continues to have effect pending an order under section 249(2), or a report under section 249(8), by the General Division of the High Court dealing with the case so transmitted; and ( e ) if the General Division of the High Court makes an order under section 248(5)( b ) when the case is so transmitted, any earlier order under section 248(5)( b ) made by the District Court or Magistrate’s Court before the case is transmitted is deemed to be revoked. [Act 5 of 2024 wef 14/02/2025] (9C) To avoid doubt, a case may be transmitted to the General Division of the High Court under subsection (9A) even though the accused does not understand the reading and explanation of the charge. [Act 5 of 2024 wef 14/02/2025] (10) For the purposes of subsection (9), the notional imprisonment period is to be determined by the court in the following manner: ( a ) the notional imprisonment period is the total period of imprisonment that the court making the determination would have required the accused to undergo, if the accused had been convicted of, and sentenced to imprisonment (including imprisonment in default of payment of a fine) for, every offence that the accused is charged with, having regard to — (i) the possible combinations of consecutive sentences and concurrent sentences that might be imposed on the accused if the accused had been convicted of those offences; and (ii) the need for the total period of imprisonment to be just and appropriate, taking into account the totality of the criminal conduct of the accused, after assuming that the accused committed every offence that the accused is charged with; ( b ) the court may, in its discretion, hear any evidence that it is satisfied will assist it in making its determination. (11) The determination of the notional imprisonment period by a court under subsection (10) — ( a ) cannot be appealed against; ( aa ) must be made by the General Division of the High Court if any offence that the accused is charged with is only triable in the General Division of the High Court; [Act 5 of 2024 wef 14/02/2025] ( ab ) must not exceed the period of a sentence of imprisonment that the court may impose under section 303 or 306(4) if the court had convicted and sentenced the accused for every offence that the accused is charged with; [Act 5 of 2024 wef 14/02/2025] ( b ) may, if the court is a State Court, be revised under Division 3 of Part 20 * ; and ( c ) does not affect any sentence that a court may impose on the accused, when the accused is convicted of all or any of the offences that the accused is charged with. [*Updated to be consistent with the 2020 Revised Edition] (12) Pending an order of the Minister under subsection (9)( b ) or ( c ), the court may order that the accused be remanded in a psychiatric institution, a prison or any other suitable place of safe custody. (13) The Minister must not order under subsection (9)( c )(ii) that the accused be released unless — ( a ) a designated medical practitioner has certified under section 247(6)( a ) the designated medical practitioner’s opinion that there is no risk that the accused, if released, may injure himself or any other person; or ( b ) after taking into account the extent of any risk that the accused, if released, may injure himself or any other person, the Minister is satisfied that it is not against the public interest to order the release of the accused on the conditions mentioned in subsection (9)( c )(ii)(A) and (B). (14) An order of the Minister under subsection (9)( c )(ii) may (but need not) specify — ( a ) for the purposes of subsection (9)( c )(ii)(A), a person by whom the accused will be properly taken care of; or ( b ) for the purposes of subsection (9)( c )(ii)(B), a person by whom the accused will be prevented from injuring himself or any other person. (15) For the purposes of subsection (9)( c )(ii)(D), the conditions that the Minister may impose in any particular case, wh


document_id: cpc-2010
provision_ref: s250
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 250
title: Resumption of proceedings
content:
250. —(1) When any inquiry, trial or other proceeding — ( a ) is postponed under section 247(4) for the accused to be remanded for observation in a psychiatric institution; or ( b ) is stayed under section 248(2A), [Act 5 of 2024 wef 14/02/2025] the court may at any time begin the inquiry, trial or other proceeding afresh, and require the accused to appear or be brought before the court. (2) If the court has ordered the release of the accused under section 249(2), the court may require the accused to appear or be brought before the court, and may again proceed under section 247. [Act 19 of 2018 wef 15/11/2022]


document_id: cpc-2010
provision_ref: s251
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 251
title: Acquittal on ground of unsound mind
content:
251. If an accused is acquitted by operation of section 84 of the Penal Code 1871, the finding must state specifically whether he or she committed the act or not. [15/2019]


document_id: cpc-2010
provision_ref: s252
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 252
title: Safe custody of person acquitted
content:
252. —(1) Whenever the finding states that the accused committed the act alleged, the court before which the trial has been held must, if that act would but for the incapacity found have constituted an offence, order that the person concerned (called in this section the subject) be kept in safe custody in a psychiatric institution, a prison or any other suitable place of safe custody, and report the case to the Minister. [S 759/2022] [Act 19 of 2018 wef 15/11/2022] (2) During the period that the subject is kept in safe custody under subsection (1), a designated medical practitioner must — ( a ) keep the subject under observation; and ( b ) provide any necessary treatment. [Act 19 of 2018 wef 15/11/2022] (3) Within one month after the date on which the period mentioned in subsection (2) begins, the designated medical practitioner must certify in writing to the Minister the designated medical practitioner’s opinion on the following matters: ( a ) whether there is any risk that the subject, if released, may injure himself or any other person; ( b ) if there is any such risk — (i) the extent of that risk; (ii) the conditions (if any) that may be imposed to minimise that risk; and (iii) the extent to which each such condition (if any) will minimise that risk. [Act 19 of 2018 wef 15/11/2022] (4) For the purposes of subsection (3)( b )(ii), the conditions that the designated medical practitioner may certify to be conditions that may be imposed to minimise the risk that the subject, if released, may injure himself or any other person, include the following conditions: ( a ) the subject must reside at a place, such as a nursing home in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified by the designated medical practitioner; [Act 19 of 2025 wef 05/12/2025] [Act 3 of 2020 wef 26/06/2023] ( b ) the subject must present himself for any medical treatment that is specified by the designated medical practitioner; ( c ) the subject must take any medication that is specified by the designated medical practitioner; ( d ) a person must supervise the subject’s compliance with any conditions that are imposed on the subject to minimise that risk. [Act 19 of 2018 wef 15/11/2022] (5) The Minister must consider the certification under subsection (3) before deciding which order to make under subsection (6). [Act 19 of 2018 wef 15/11/2022] (6) The Minister may make any of the following orders: ( a ) an order that the subject be confined in a psychiatric institution, a prison or any other suitable place of safe custody specified in the Minister’s order, for a period not exceeding 12 months; ( b ) an order that the subject be released on the following conditions: (i) the subject will be properly taken care of; (ii) the subject will be prevented from injuring himself or any other person; (iii) the subject will, when required, appear in court or before any officer that the court appoints for that purpose; (iv) any other conditions that the Minister may impose in any particular case; ( c ) an order that the subject be released unconditionally. [Act 19 of 2018 wef 15/11/2022] (7) Where the subject is confined under an order made by the Minister under subsection (6)( a ) or by the court under paragraph ( b ), the total period of confinement of the subject under every such order does not exceed the notional imprisonment period under subsection (8), and the Minister cannot, or does not wish to, order the discharge of the subject under section 256 — ( a ) the Minister must, before the expiry of the period of confinement of the subject, apply to the court for an order for the further confinement of the subject — (i) for care and treatment; or (ii) to minimise the risk that the subject may injure himself or any other person; and ( b ) the court may, on an application under paragraph ( a ), with or without further inquiry at the court’s discretion, order the further confinement of the subject for a period in relation to which the following conditions are satisfied: (i) the period of the further confinement of the subject must not exceed 12 months; (ii) the total period of confinement of the subject under every order made by the Minister under subsection (6)( a ) or by the court under this paragraph does not exceed the notional imprisonment period. [Act 19 of 2018 wef 15/11/2022] (8) For the purposes of subsection (7), the notional imprisonment period — ( a ) is the maximum term of imprisonment that may be awarded for the offence mentioned in subsection (1) (or, if there are 2 or more such offences, the most serious of those offences); or ( b ) where the offence mentioned in subsection (1) (or, if there are 2 or more such offences, the most serious of those offences) is punishable with death, or with imprisonment for life — is the term of the subject’s natural life. [Act 19 of 2018 wef 15/11/2022] (9) The following apply when the period of confinement of the subject under the sole or last order made by the Minister under subsection (6)( a ) or by the court under subsection (7)( b ) expires (for example, after the court decides not to make an order under subsection (7)( b ) for the further confinement of the subject): ( a ) the subject must be produced, as soon as practicable, before a court; ( b ) the period, beginning at the time the period of confinement under the order expires and ending at the time the subject is produced before the court, must not exceed 24 hours, exclusive of the time necessary for the journey from the place of confinement to the court; ( c ) the court may — (i) after due inquiry, send the subject to a designated medical practitioner at a psychiatric institution for treatment; or (ii) direct that the subject be released; ( d ) where paragraph ( c )(i) applies, the subject may be dealt with in accordance with the provisions of the Mental Health (Care and Treatment) Act 2008 * . [Act 19 of 2018 wef 15/11/2022] [*Updated to be consistent with the 2020 Revised Edition] (10) The Minister — ( a ) must not order the release of the subject under subsection (6)( b ) unless — (i) a designated medical practitioner has certified under subsection (3) the designated medical practitioner’s opinion that there is no risk that the subject, if released, may injure himself or any other person; or (ii) after taking into account the extent of any risk that the subject, if released, may injure himself or any other person, the Minister is satisfied that it is not against the public interest to order the release of the subject on the conditions mentioned in subsection (6)( b )(i) to (iv); and ( b ) must not order the release of the subject under subsection (6)( c ) unless a designated medical practitioner has certified under subsection (3) the designated medical practitioner’s opinion that there is no risk that the subject, if released, may injure himself or any other person. [Act 19 of 2018 wef 15/11/2022] (11) An order of the Minister under subsection (6)( b ) may (but need not) specify — ( a ) for the purposes of subsection (6)( b )(i), a person by whom the subject will be properly taken care of; or ( b ) for the purposes of subsection (6)( b )(ii), a person by whom the subject will be prevented from injuring himself or any other person. [Act 19 of 2018 wef 15/11/2022] (12) For the purposes of subsection (6)( b )(iv), the conditions that the Minister may impose in any particular case, when the Minister makes an order under subsection (6)( b ), include the following conditions: ( a ) the subject must reside at a place, such as a nursing home in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order; [Act 19 of 2025 wef 05/12/2025] [Act 3 of 2020 wef 26/06/2023] ( b ) the subject must present himself for any medical treatment that is specified in the order; ( c ) the subject must take any medication that is specified in the order; ( d ) the subject, or any other person or persons specified in the order, or 2 or more of them, must give sufficient security for compliance with the conditions of the order; ( e ) a person specified in the order must supervise the subject’s compliance with any conditions of the order that are imposed on the subject; ( f ) the subject must be delivered to the care and custody of a person specified in the order. [Act 19 of 2018 wef 15/11/2022] (13) The Minister may, on the application of any party — ( a ) vary any condition mentioned in subsection (6)( b )(i), (ii) and (iii); and ( b ) vary, revoke or add to any condition mentioned in subsection (6)( b )(iv). [Act 19 of 2018 wef 15/11/2022] (14) The Minister may, after considering the matters reported under section 253(3) in relation to the subject — ( a ) revoke an order under subsection (6)( a ) and make an order under subsection (6)( b ) in relation to the subject; or [Act 5 of 2024 wef 14/02/2025] ( b ) revoke an order under subsection (6)( b ) and make an order under subsection (6)( a ) or another order under subsection (6)( b ) in relation to the subject. [Act 5 of 2024 wef 14/02/2025] [Act 19 of 2018 wef 15/11/2022] (15) The Minister may also revoke an order under subsection (6)( b ), and make another order under subsection (6)( a ) or ( b ) in relation to the subject, if — ( a ) the subject fails, without reasonable excuse, to comply with any condition of the order that is imposed on the subject; or ( b ) any other person, specified in the order, fails, without reasonable excuse, to comply with any condition of the order that is imposed on that person. [Act 19 of 2018 wef 15/11/2022]


document_id: cpc-2010
provision_ref: s253
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 253
title:
Visiting of person confined under section 249 or 252, or released under section 249, 252 or 255 on any condition

content:
253. —(1) This section applies to a person who is confined pursuant to an order under section 249(9)( b ) or ( c )(i) or 252(6)( a ) or (7)( b ) in a psychiatric institution, a prison or any other suitable place of safe custody, or who is released pursuant to an order under section 249(2) or (9)( c )(ii), 252(6)( b ) or 255(1)( b ) or (8)( b ) on any condition. (2) At least once every 6 months, 2 of the visitors of a psychiatric institution must visit the person to ascertain the following matters: ( a ) the person’s state of mind or physical or mental condition; ( b ) whether there is any risk that the person may injure himself or any other person, if the person is or continues to be released; and ( c ) if there is any such risk — (i) the extent of that risk; (ii) the conditions (if any) that may be imposed to minimise that risk; and (iii) the extent to which each such condition (if any) will minimise that risk. (3) The visitors mentioned in subsection (2) must, after ascertaining the matters mentioned in that subsection — ( a ) in any case where the person was released pursuant to an order of the court under section 249(2) — report those matters to the court and the Minister; or [Act 5 of 2024 wef 14/02/2025] ( b ) in any other case — report those matters to the Minister. [Act 19 of 2018 wef 15/11/2022]


document_id: cpc-2010
provision_ref: s254
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 254
title:
Procedure when person confined under section 249 or released under section 249 or 255(1) is reported able to make defence

content:
254. —(1) If a person, who is confined pursuant to an order under section 249(9)( b ) or ( c )(i) or released pursuant to an order under section 249(2) or (9)( c )(ii) or 255(1)( b ), is certified by the principal officer and 2 of the visitors of the psychiatric institution to be capable of making his or her defence, the court must proceed with the inquiry or trial or other proceeding (as the case may be) and the certificate is admissible as evidence. [33/2012] [Act 19 of 2018 wef 15/11/2022] (2) Where after the trial is proceeded with against the person mentioned in subsection (1) — ( a ) the person is acquitted at the end of the trial; or ( b ) the charge against the person is withdrawn at any time after the commencement of the trial, the court may, after due inquiry, send the person to a designated medical practitioner at a psychiatric institution for treatment and the person may thereafter be dealt with in accordance with the provisions of the Mental Health (Care and Treatment) Act 2008. (3) An order made by the court under section 249(2) or by the Minister under section 249(9)( b ) or ( c )(i) or (ii) or 255(1)( b ) — ( a ) remains in force while the trial is proceeded with against a person mentioned in subsection (1); and ( b ) lapses only after — (i) the person is convicted of an offence, or is acquitted, at the end of the trial; or (ii) the charge against the person is withdrawn at any time after the commencement of the trial. [Act 19 of 2018 wef 15/11/2022]


document_id: cpc-2010
provision_ref: s255
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 255
title: Delivery of person confined under section 249 or 252 to care of relative or friend
content:
255. —(1) If a relative or friend of an accused confined pursuant to an order under section 249(9)( b ) or ( c )(i) wishes the accused to be delivered to the care and custody of the relative or friend — ( a ) the relative or friend may apply for this; and ( b ) the Minister may make an order that the accused be released on the following conditions: (i) the accused will be properly taken care of; (ii) the accused will be prevented from injuring himself or any other person; (iii) the accused will, when required, appear in court or before any officer that the court appoints for that purpose; (iv) any other conditions that the Minister may impose in any particular case. (2) The Minister must not order under subsection (1)( b ) that the accused be released unless — ( a ) a designated medical practitioner has certified under section 247(6)( a ) the designated medical practitioner’s opinion that there is no risk that the accused, if released, may injure himself or any other person; or ( b ) after taking into account the extent of any risk that the accused, if released, may injure himself or any other person, the Minister is satisfied that it is not against the public interest to order the release of the accused on the conditions mentioned in subsection (1)( b )(i) to (iv). (3) An order of the Minister under subsection (1)( b ) may (but need not) specify — ( a ) for the purposes of subsection (1)( b )(i), a person by whom the accused will be properly taken care of; or ( b ) for the purposes of subsection (1)( b )(ii), a person by whom the accused will be prevented from injuring himself or any other person. (4) For the purposes of subsection (1)( b )(iv), the conditions that the Minister may impose in any particular case, when the Minister makes an order under subsection (1)( b ), include the following conditions: ( a ) the accused must reside at a place, such as a nursing home in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order; [Act 19 of 2025 wef 05/12/2025] [Act 3 of 2020 wef 26/06/2023] ( b ) the accused must present himself for any medical treatment that is specified in the order; ( c ) the accused must take any medication that is specified in the order; ( d ) the accused, or the relative or friend, or both of them, must give sufficient security for compliance with the conditions of the order; ( e ) a person specified in the order must supervise the accused’s compliance with any conditions of the order that are imposed on the accused. (5) The Minister may, on the application of any party — ( a ) vary any condition mentioned in subsection (1)( b )(i), (ii) and (iii); and ( b ) vary, revoke or add to any condition mentioned in subsection (1)( b )(iv). (6) The Minister may, after considering the matters reported under section 253(3) in relation to the accused — ( a ) revoke an order under subsection (1)( b ) in relation to the accused; and ( b ) make another order under subsection (1)( b ), or an order under section 249(9)( b ) or ( c )(i) or (ii), in relation to the accused. (7) The Minister may also revoke an order under subsection (1)( b ) in relation to the accused, and make another order under subsection (1)( b ), or an order under section 249(9)( b ) or ( c )(i) or (ii), in relation to the accused, if — ( a ) the accused fails, without reasonable excuse, to comply with any condition of the order that is imposed on the accused; or ( b ) any other person, specified in the order, fails, without reasonable excuse, to comply with any condition of the order that is imposed on that person. (8) If a relative or friend of a person confined pursuant to an order under section 252(6)( a ) or (7)( b ) (called in this section the subject) wishes the subject to be delivered to the care and custody of the relative or friend — ( a ) the relative or friend may apply for this; and ( b ) the Minister may make an order that the subject be released on the following conditions: (i) the subject will be properly taken care of; (ii) the subject will be prevented from injuring himself or any other person; (iii) the subject will, when required, be produced for inspection by the principal officer of a psychiatric institution, at a time directed by the Minister; (iv) any other conditions that the Minister may impose in any particular case. (9) The Minister must not order under subsection (8)( b ) that the subject be released unless — ( a ) a designated medical practitioner has certified under section 252(3) the designated medical practitioner’s opinion that there is no risk that the subject, if released, may injure himself or any other person; or ( b ) after taking into account the extent of any risk that the subject, if released, may injure himself or any other person, the Minister is satisfied that it is not against the public interest to order the release of the subject on the conditions mentioned in subsection (8)( b )(i) to (iv). (10) An order of the Minister under subsection (8)( b ) may (but need not) specify — ( a ) for the purposes of subsection (8)( b )(i), a person by whom the subject will be properly taken care of; or ( b ) for the purposes of subsection (8)( b )(ii), a person by whom the subject will be prevented from injuring himself or any other person. (11) For the purposes of subsection (8)( b )(iv), the conditions that the Minister may impose in any particular case, when the Minister makes an order under subsection (8)( b ), include the following conditions: ( a ) the subject must reside at a place, such as a nursing home in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order; [Act 19 of 2025 wef 05/12/2025] [Act 3 of 2020 wef 26/06/2023] ( b ) the subject must present himself for any medical treatment that is specified in the order; ( c ) the subject must take any medication that is specified in the order; ( d ) the subject, or the relative or friend, or both of them, must give sufficient security for compliance with the conditions of the order; ( e ) a person specified in the order must supervise the subject’s compliance with any conditions of the order that are imposed on the subject. (12) The Minister may, on the application of any party — ( a ) vary any condition mentioned in subsection (8)( b )(i), (ii) and (iii); and ( b ) vary, revoke or add to any condition mentioned in subsection (8)( b )(iv). (13) The Minister may, after considering the matters reported under section 253(3) in relation to the subject — ( a ) revoke an order under subsection (8)( b ) in relation to the subject; and ( b ) make another order under subsection (8)( b ), or an order under section 252(6)( a ) or ( b ), in relation to the subject. (14) The Minister may also revoke an order under subsection (8)( b ) in relation to the subject, and make another order under subsection (8)( b ), or an order under section 252(6)( a ) or ( b ), in relation to the subject, if — ( a ) the subject fails, without reasonable excuse, to comply with any condition of the order that is imposed on the subject; or ( b ) any other person, specified in the order, fails, without reasonable excuse, to comply with any condition of the order that is imposed on that person. [Act 19 of 2018 wef 15/11/2022]


document_id: cpc-2010
provision_ref: s256
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 256
title:
Procedure when person confined under section 249 or 252, or released under section 249, 252 or 255 on any condition, certified fit for discharge or release

content:
256. —(1) If the principal officer and 2 visitors of a psychiatric institution certify that, in their judgment, a person who is confined pursuant to an order under section 249(9)( b ) or ( c )(i) or 252(6)( a ) or (7)( b ) in the psychiatric institution, a prison or any other suitable place of safe custody, or who is released pursuant to an order under section 249(2) or (9)( c )(ii), 252(6)( b ) or 255(1)( b ) or (8)( b ) on any condition, may be discharged without danger of injuring himself or any other person, the Minister may — ( a ) order the person to be discharged; or ( b ) make another order under section 249(9)( b ) or ( c )(i) or 252(6)( a ) (as the case may be). (2) If the principal officer and 2 visitors of a psychiatric institution certify that, in their judgment, a person who is confined pursuant to an order under section 249(9)( b ) or ( c )(i) or 252(6)( a ) or (7)( b ) in the psychiatric institution, a prison or any other suitable place of safe custody may be released on any condition (being a condition that may be imposed to minimise any risk that the person, if released, may injure himself or any other person), the Minister may — ( a ) make an order under section 249(9)( c )(ii) or 252(6)( b ) for the release of the person; or ( b ) make another order under section 249(9)( b ) or ( c )(i) or 252(6)( a ) (as the case may be). (3) If, pursuant to subsection (1)( b ) or (2)( b ) or paragraph ( b )(ii), the Minister makes an order under section 249(9)( b ) or ( c )(i) or 252(6)( a ) for the person to be confined in a psychiatric institution, a prison or any other suitable place of safe custody — ( a ) the Minister may appoint a commission consisting of a Magistrate and 2 medical officers — (i) to make formal inquiry into the person’s state of mind, taking such evidence as is necessary; and (ii) to report to the Minister; and ( b ) the Minister may, after receiving the report, as the Minister thinks fit — (i) order the person to be discharged; or (ii) make another order under section 249(9)( b ) or ( c )(i) or 252(6)( a ) (as the case may be). [Act 19 of 2018 wef 15/11/2022]


document_id: cpc-2010
provision_ref: s256A
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 256A
title: Failure by person released to comply with condition of release order, etc.
content:
256A. —(1) This section applies to any person who has been released pursuant to an order under section 249(2) or (9)( c )(ii), 252(6)( b ) or 255(1)( b ) or (8)( b ). (2) Any police officer may, without a warrant, arrest a person mentioned in subsection (1) who is reasonably suspected — ( a ) to have failed to comply with any condition, of the order pursuant to which the person is released, that is imposed on the person; and ( b ) to be dangerous to himself or any other person by reason of mental disorder. (3) The Minister, or a visitor of a psychiatric institution, may apply to a court for a warrant of arrest to be issued against a person mentioned in subsection (1) who is reasonably suspected to have failed to comply with any condition, of the order pursuant to which the person is released, that is imposed on the person. (4) Sections 67 and 68 do not apply to a person arrested under subsection (2). (5) Where a person is arrested under subsection (2) or pursuant to a warrant of arrest issued on an application under subsection (3), the person must, as soon as practicable, be produced before a Magistrate’s Court. (6) A police officer must not detain in custody a person who has been arrested under subsection (2) for a longer period than under all the circumstances of the case is reasonable. (7) The period mentioned in subsection (6) must not exceed 24 hours, exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. (8) Where a person who has been released pursuant to an order under section 249(2) is arrested under subsection (2) or pursuant to a warrant of arrest issued on an application under subsection (3) — ( a ) if the Magistrate’s Court finds that the person has failed, without reasonable excuse, to comply with any condition of the order that is imposed on the person, the Magistrate’s Court must act in accordance with section 249(7) and (8); and ( b ) unless the Magistrate’s Court makes a finding mentioned in paragraph ( a ) — the Magistrate’s Court must release the person. (9) Where a person who has been released pursuant to an order under section 249(9)( c )(ii), 252(6)( b ) or 255(1)( b ) or (8)( b ) is arrested under subsection (2) or pursuant to a warrant of arrest issued on an application under subsection (3), the Magistrate’s Court must — ( a ) order that the person be remanded in a psychiatric institution, a prison or any other suitable place of safe custody pending the making of another order by the Minister under section 249(9)( b ) or ( c )(i) or (ii), 252(6)( a ) or ( b ) or 255(1)( b ) or (8)( b ) (as the case may be); and ( b ) report the case to the Minister. [Act 19 of 2018 wef 15/11/2022]


document_id: cpc-2010
provision_ref: s256B
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 256B
title: Personal attendance of person subject to proceedings under this Division may be dispensed with
content:
256B. —(1) Subject to subsection (2), in any court proceedings under this Division, the court may dispense with the attendance of a person subject to those proceedings if the court is satisfied that it would be in the interests of justice to do so in light of the person’s state of mind or physical or mental condition. (2) Subsection (1) does not apply to any proceedings under this Division in which the person is required to be produced before the court. [Act 5 of 2024 wef 14/02/2025]


document_id: cpc-2010
provision_ref: s256C
chapter: PART 13 - GENERAL PROVISIONS RELATING TO
section: 256C
title: Court may conduct proceedings through video or television links
content:
256C. Despite any provision of this Code or of any other written law, in any court proceedings under this Division, if the court is satisfied that — ( a ) it is in the interests of justice; and ( b ) sufficient administrative and technical facilities and arrangements are made at the place from which a person subject to proceedings under this Division is to give evidence or to appear, the court may order that the person give evidence or appear (other than to give evidence) by means of a live video or live television link from any place in Singapore. [Act 5 of 2024 wef 14/02/2025]


document_id: cpc-2010
provision_ref: s257
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 257
title: Interpretation of this Part
content:
257. In this Part, “statement” includes any representation of fact, whether made in words or otherwise. Division 2 &#x2014; Admissibility of certain types of evidence


document_id: cpc-2010
provision_ref: s258
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 258
title: Admissibility of accused’s statements
content:
258. —(1) Subject to subsections (2) and (3), where any person is charged with an offence, any statement made by the person, whether it is oral or in writing, made at any time, whether before or after the person is charged and whether or not in the course of any investigation carried out by any law enforcement agency, is admissible in evidence at the person’s trial; and if that person tenders himself or herself as a witness, any such statement may be used in cross‑examination and for the purpose of impeaching that person’s credit. (2) Where a statement mentioned in subsection (1) is made by any person to a police officer, no such statement may be used in evidence if it is made to a police officer below the rank of sergeant. (3) The court must refuse to admit the statement of an accused or allow it to be used in the manner referred to in subsection (1) if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the accused, proceeding from a person in authority and sufficient, in the opinion of the court, to give the accused grounds which would appear to the accused reasonable for supposing that by making the statement the accused would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against the accused. Explanation 1 — If a statement is obtained from an accused by a person in authority who had acted in such a manner that his or her acts tend to sap and have in fact sapped the free will of the maker of the statement, and the court is of the opinion that such acts gave the accused grounds which would appear to the accused reasonable for supposing that by making the statement, the accused would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against the accused, such acts will amount to a threat, an inducement or a promise (as the case may be), which will render the statement inadmissible. Explanation 2 — If a statement is otherwise admissible, it will not be rendered inadmissible merely because it was made in any of the following circumstances: ( a ) under a promise of secrecy, or in consequence of a deception practised on the accused for the purpose of obtaining it; ( aa ) where the accused is informed in writing by a person in authority of the circumstances in section 33B of the Misuse of Drugs Act 1973 under which life imprisonment may be imposed in lieu of death; ( b ) when the accused was intoxicated; ( c ) in answer to questions which the accused need not have answered whatever may have been the form of those questions; ( d ) where the accused was not warned that the accused was not bound to make the statement and that evidence of it might be given against the accused; ( e ) where the recording officer or the interpreter of an accused’s statement recorded under section 22 or 23 did not fully comply with that section; or ( f ) where an accused’s statement under section 22 or 23 is in writing, when section 22(5) or 23(3B) (as the case may be) requires the statement to be recorded in the form of an audiovisual recording. [30/2012; 19/2018] (4) If the statement mentioned in subsection (3) is made after the impression caused by any such inducement, threat or promise mentioned in that subsection has, in the opinion of the court, been fully removed, it is admissible. (4A) For the purposes of subsection (3), the making of a statement by an accused is not to be regarded as caused by any inducement, threat or promise merely because a person in authority had earlier informed the accused that the accused was required or legally bound to give information under section 27 of the Prevention of Corruption Act 1960, if that person believed in good faith, when so informing the accused, that — ( a ) the accused was concerned in an offence under that Act; or ( b ) a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, that the accused was concerned in an offence under that Act. [19/2018] (5) When 2 or more persons are tried jointly in any of the following circumstances, and a confession made by one such person affecting that person and any other such person is proved, the court may take into consideration the confession as against the other person as well as against the person who made the confession: ( a ) all of those persons are tried jointly for the same offence; ( b ) the proof of the facts alleged in the charge for the offence for which one of those persons ( A ) is tried (excluding any fact relating to any intent or state of mind on the part of A necessary to constitute the offence for which A is tried) would, for each of the rest of those persons, result in the proof of the facts alleged in the charge for the offence for which that person is tried (excluding any fact relating to any intent or state of mind on the part of that person necessary to constitute the offence for which that person is tried); ( c ) at least one of those persons is tried for an offence under section 411, 412, 413 or 414 of the Penal Code 1871 in respect of any property, and the rest of those persons are tried for one or more of the offences of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating under Chapter 17 of the Penal Code 1871 in respect of the same property. [19/2018] (5A) Despite subsection (5), the court may refuse to take into consideration a confession as against a person (other than the maker of the confession), if the prejudicial effect of the confession on that person outweighs the probative value of the confession. [19/2018] (5B) In subsection (5), “offence” includes an abetment of, a conspiracy to commit, or an attempt to commit, the offence. Illustrations ( a ) A and B are jointly tried for the murder of C . It is proved that A said “ B and I murdered C ”. The court may consider the effect of this confession as against B . ( b ) A is on trial for the murder of C . There is evidence to show that C was murdered by A and B and that B said “ A and I murdered C ”. This statement may not be taken into consideration by the court against A as B is not being jointly tried. ( c ) A is charged with an offence of corruptly giving a gratification to B under section 5( b ) of the Prevention of Corruption Act 1960. B is charged with an offence of corruptly receiving the same gratification from A under section 5( a ) of the Prevention of Corruption Act 1960. A and B are jointly tried for those offences. If a confession made by A affecting both A and B is proved, and the same facts are alleged in the charges against A and B , the court may take into consideration the confession as against B , even though A and B are charged with offences that have different elements. [19/2018] (6) Despite any other provision in this section — ( a ) where a person is charged with any offence in relation to the making or contents of any statement made by the person to any officer of a law enforcement agency in the course of any investigation carried out by the agency, that statement may be used as evidence in the prosecution; ( b ) any statement made by the accused in the course of an identification parade may be used as evidence; and ( c ) when any fact or thing is discovered in consequence of information received from a person accused of any offence in the custody of any officer of a law enforcement agency, so much of such information as relates distinctly to the fact or thing thereby discovered may be proved. (7) In this section, “confession”, in relation to any person who is tried for an offence, means any statement made at any time by the person stating or suggesting the inference that the person committed that offence.


document_id: cpc-2010
provision_ref: s258A
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 258A
title: Admissibility of Case for the Defence
content:
258A. —(1) Where any person is charged with an offence, the Case for the Defence filed under section 163(1) or 215(1) by or on behalf of that person — ( a ) is admissible in evidence at that person’s trial (including during the presentation of the prosecutor’s statement under section 230(1)( d )); and ( b ) if that person tenders himself or herself as a witness, may be used in cross‑examination and for the purpose of impeaching that person’s credit. [19/2018] (2) When 2 or more persons are tried jointly in any of the following circumstances, and the Case for the Defence filed under section 163(1) or 215(1) by or on behalf of any such person affects that person and any other such person, the court may take into consideration that Case for the Defence as against the other person as well as against the person by or on behalf of whom that Case for the Defence was filed: ( a ) all of those persons are tried jointly for the same offence; ( b ) the proof of the facts alleged in the charge for the offence for which one of those persons ( A ) is tried (excluding any fact relating to any intent or state of mind on the part of A necessary to constitute the offence for which A is tried) would, for each of the rest of those persons, result in the proof of the facts alleged in the charge for the offence for which that person is tried (excluding any fact relating to any intent or state of mind on the part of that person necessary to constitute the offence for which that person is tried); ( c ) at least one of those persons is tried for an offence under section 411, 412, 413 or 414 of the Penal Code 1871 in respect of any property, and the rest of those persons are tried for one or more of the offences of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating under Chapter 17 of the Penal Code 1871 in respect of the same property. [19/2018] (3) Despite subsection (2), the court may refuse to take into consideration a Case for the Defence as against a person (other than the person by or on behalf of whom that Case for the Defence was filed), if the prejudicial effect of that Case for the Defence on that person outweighs the probative value of that Case for the Defence. [19/2018] (4) In subsection (2), “offence” includes an abetment of, a conspiracy to commit, or an attempt to commit, the offence. [19/2018]


document_id: cpc-2010
provision_ref: s258B
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 258B
title: Reference to certain documents in Case for the Prosecution
content:
258B. Where any person is charged with an offence, any document mentioned in section 162(1)( a ), ( b ), ( c ) or ( d ) or 214(1)( a ), ( b ) or ( c ), which is contained in the Case for the Prosecution filed under section 161(2) or 213(1) for the purposes of the trial of that person, may be referred to during that trial as if that document is part of the prosecutor’s statement under section 230(1)( d ). [19/2018]


document_id: cpc-2010
provision_ref: s259
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 259
title: Witness’s statement inadmissible except in certain circumstances
content:
259. —(1) Any statement made by a person other than the accused in the course of any investigation by any law enforcement agency is inadmissible in evidence, except where the statement — ( a ) is admitted under section 147 of the Evidence Act 1893; ( b ) is used for the purpose of impeaching the person’s credit in the manner provided in section 157 of the Evidence Act 1893; ( c ) is made admissible as evidence in any criminal proceeding by virtue of any other provisions in this Code or the Evidence Act 1893 or any other written law; ( d ) is made in the course of an identification parade; or ( e ) falls within section 32(1)( a ) of the Evidence Act 1893. (2) Where any person is charged with any offence in relation to the making or contents of any statement made by the person to an officer of a law enforcement agency in the course of an investigation carried out by that officer, that statement may be used as evidence in the prosecution.


document_id: cpc-2010
provision_ref: s260
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 260
title: Admissibility of report on first information made under section 14 or 15
content:
260. —(1) In any proceeding under this Code, if a police officer of or above the rank of inspector certifies as a true copy a copy of a report received or recorded under section 14(2) or (3) or 15(1), or of a note made under section 14(5), the certified copy is admissible as evidence of the original information and of the date, time and place at which it was given. (2) A court may require to be shown the original report or note.


document_id: cpc-2010
provision_ref: s261
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 261
title: Inferences from accused’s silence
content:
261. —(1) Where in any criminal proceeding evidence is given that the accused on being charged with an offence, or informed by a police officer or any other person charged with the duty of investigating offences that the accused may be prosecuted for an offence, failed to mention any fact which the accused subsequently relies on in the accused’s defence, being a fact which in the circumstances existing at the time the accused could reasonably have been expected to mention when so questioned, charged or informed (as the case may be), the court may in determining — ( a ) whether to commit the accused for trial; ( b ) whether there is a case to answer; and ( c ) whether the accused is guilty of the offence charged, draw such inferences from the failure as appear proper; and the failure may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material. (2) Subsection (1) does not — ( a ) prejudice the admissibility in criminal proceedings of evidence of the silence or other reaction of the accused in the face of anything said in the accused’s presence relating to the conduct for which the accused is charged, insofar as evidence of this would be admissible apart from that subsection; or ( b ) preclude the drawing of any inference from any such silence or other reaction of the accused which could be drawn apart from that subsection.


document_id: cpc-2010
provision_ref: s262
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 262
title: Use of affidavits sworn by witnesses
content:
262. —(1) Any affidavit made by a witness may be used in any criminal court, if it is sworn — ( a ) in Singapore, before any Judge, District Judge, Registrar, Deputy Registrar or Magistrate or before any commissioner for oaths appointed or deemed to have been appointed under the Supreme Court of Judicature Act 1969; ( b ) elsewhere in the Commonwealth before any judge, court, notary public or person lawfully authorised to administer oaths; or ( c ) in any other place, before any consul or vice-consul of Singapore, Malaysia or the United Kingdom. (2) The court must take judicial notice of the seal or signature (as the case may be) of any judge, court, notary public, person, consul or vice-consul appended or subscribed to any affidavit.


document_id: cpc-2010
provision_ref: s263
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 263
title: Report of qualified persons
content:
263. —(1) A document, including any exhibits and annexures identified in the document, which is presented as the report of a qualified person concerning a matter or thing duly submitted to the qualified person for examination, analysis or report, may be used as evidence in any criminal proceeding under this Code, and the qualified person need not be called as a witness unless the court or any of the parties requires that person to be examined orally or cross-examined on the report. (2) Qualified persons are by this Code bound to state the truth in their reports. (3) A report of a qualified person is admissible as prima facie evidence of the facts stated in it. (4) In this section, “qualified person” means a person specified by the Minister by notification in the Gazette for the purposes of this section.


document_id: cpc-2010
provision_ref: s264
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 264
title: Conditioned statements
content:
264. —(1) Despite anything in this Code or in any other written law, a written statement made by any person is admissible as evidence in any criminal proceeding, to the same extent and to the same effect as oral evidence given by the person, if the following conditions are satisfied: ( a ) the statement appears to be signed by the person who made it; ( b ) the statement contains a declaration by the person to the effect that it is true to the best of the person’s knowledge and belief and that the person made the statement knowing that, if it were given in evidence, the person would be liable to prosecution if the person stated in it anything the person knew to be false or did not believe to be true; ( c ) before the hearing at which the statement is given in evidence, a copy of the statement is served, by or on behalf of the party proposing to give it, on each of the other parties to the proceedings; ( d ) before or during the hearing, the parties agree to the statement being tendered in evidence under this section; ( e ) the court is satisfied that the accused is aware of this section or is represented by an advocate during the criminal proceeding. [19/2018] (2) The following provisions also apply to any written statement given in evidence under this section: ( a ) if the statement is by a person below 21 years of age, it must state his or her age; ( b ) if it is made by a person who cannot read it, it must be read to him or her before he or she signs it and must be accompanied by a declaration by the person who read the statement to him or her, stating that it was so read; ( c ) if it refers to any other document as an exhibit, the copy of the written statement must be accompanied by a copy of that document or by information that will enable the party on whom it is served to inspect that document or a copy of it. (3) Where in any criminal proceeding a written statement made by any person is admitted in evidence under this section — ( a ) the party by whom or on whose behalf a copy of the statement was served may call the person to give evidence; and ( b ) the court may, of its own motion or on the application of any party to the proceeding, require the person to attend before the court and give evidence. (4) Unless the court directs otherwise, so much of any statement as is admitted in evidence under this section must be read aloud at the hearing. [19/2018] (4A) Where the court directs under subsection (4) that any part of a statement admitted in evidence under this section need not be read aloud at the hearing, the court may also direct that an account be given orally of the part of that statement that is not read aloud. [19/2018] (5) A document or an object referred to as an exhibit and identified in a written statement given in evidence under this section must be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.


document_id: cpc-2010
provision_ref: s264A
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 264A
title: Statement recorded in form of audiovisual recording
content:
264A. —(1) Despite anything in this Code or in any other written law, a statement made by a person that is recorded in the form of an audiovisual recording (called in this section a recorded statement) is admissible as evidence in a criminal proceeding, to the same extent and to the same effect as oral evidence given by the person, if — ( a ) the criminal proceeding relates to an offence alleged to have been committed against or in relation to the person; ( b ) any of the following conditions is satisfied: (i) the offence alleged to have been committed against or in relation to the person is — (A) a child abuse offence; (B) an offence under section 28(2) of the Children and Young Persons Act 1993, an abetment of, a conspiracy to commit, or an attempt to commit, that offence; (C) a sexual offence; (D) an offence under section 169(3) of the Women’s Charter 1961, an abetment of, a conspiracy to commit, or an attempt to commit, that offence; or (E) an offence under section 3(1) or (2) or 6(1) of the Prevention of Human Trafficking Act 2014, an abetment of, a conspiracy to commit, or an attempt to commit, that offence; (ii) both of the following apply: (A) the offence alleged to have been committed against or in relation to the person is an offence under section 323, 323A, 324, 325, 326, 327, 328, 329, 330, 331, 334, 334A, 335, 335A, 335B, 336, 337 or 338 of the Penal Code 1871, an abetment of, a conspiracy to commit, or an attempt to commit, that offence; (B) any of the following applies: (BA) the person is below 16 years of age; (BB) the person is suffering from a mental disability; (BC) the person is a domestic worker, and the offence is alleged to have been committed by the employer of the person or by a member of the employer’s household; (BD) the offence alleged to have been committed against or in relation to the person is one to which section 73, 74A, 74B, 74C or 74D of the Penal Code 1871 applies; (iii) all of the following apply: (A) the offence alleged to have been committed against or in relation to the person is any other offence; (B) any of the following applies: (BA) the person is below 16 years of age; (BB) the person is suffering from a mental disability; (BC) the person is a domestic worker, and the offence is alleged to have been committed by the employer of the person or by a member of the employer’s household; (BD) the offence alleged to have been committed against or in relation to the person is one to which section 73, 74A, 74B, 74C or 74D of the Penal Code 1871 applies; (C) the court grants permission for the recorded statement to be admitted in evidence; [Act 25 of 2021 wef 01/04/2022] ( c ) in a case where the person is below 21 years of age, the recorded statement states the person’s age; and ( d ) in a case where the recorded statement is to be used in lieu of oral evidence given by the person as evidence‑in‑chief in the criminal proceeding, the person has confirmed in the recorded statement that what the person states in the recorded statement is true. [19/2018; 15/2019] (2) Where a recorded statement is admissible as evidence in a criminal proceeding under subsection (1), a transcript of the audiovisual recording of the recorded statement is also admissible as evidence in the criminal proceeding, to the same extent and to the same effect as the recorded statement. [19/2018] (3) Where in any criminal proceeding a recorded statement of a person, or a transcript of the audiovisual recording of a recorded statement of a person, is admitted in evidence under this section, the court may, of its own motion or on the application of any party to the proceeding, require the person to attend before the court and give evidence. [19/2018] (4) Unless the court directs otherwise — ( a ) the audiovisual recording of so much of a recorded statement as is admitted in evidence under this section must be displayed at the hearing; and ( b ) so much of a transcript as is admitted in evidence under this section must be read aloud at the hearing. [19/2018] (5) Where the court directs under subsection (4) that any part of the audiovisual recording of a recorded statement admitted in evidence under this section need not be displayed at the hearing, the court may also direct that an account be given orally of the part of the audiovisual recording that is not displayed. [19/2018] (6) Where the court directs under subsection (4) that any part of a transcript admitted in evidence under this section need not be read aloud at the hearing, the court may also direct that an account be given orally of the part of the transcript that is not read aloud. [19/2018] (7) Where a document or an object is referred to as an exhibit and identified in a recorded statement of a person, or in a transcript of the audiovisual recording of a recorded statement of a person, and the recorded statement or transcript (as the case may be) is admitted in evidence under this section, the document or object must be treated as if the document or object had been produced as an exhibit and identified in court by the person. [19/2018] (8) Where a document is referred to as an exhibit in a recorded statement, or in a transcript of the audiovisual recording of a recorded statement, and the recorded statement or transcript (as the case may be) is admitted in evidence under this section, the prosecution must — ( a ) serve a copy of that document on the defence; or ( b ) allow the defence to inspect that document or a copy of that document. [19/2018] (9) In this section, “domestic worker” and “member of the employer’s household” have the meanings given by section 73(4) of the Penal Code 1871. [15/2019]


document_id: cpc-2010
provision_ref: s265
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 265
title: When evidence of past possession of stolen property allowed
content:
265. Where proceedings are taken against a person for having received goods knowing them to be stolen or for having in the person’s possession stolen property, evidence may be given at any stage of the proceedings that there was found in the person’s possession other property stolen within the preceding 12 months; and such evidence may be taken into consideration when proving that the person knew that the property which is the subject of the proceedings was stolen.


document_id: cpc-2010
provision_ref: s266
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 266
title: When evidence of previous conviction allowed
content:
266. —(1) Where — ( a ) proceedings are taken against a person for having received goods knowing them to be stolen or for having in the person’s possession stolen property; and ( b ) evidence is given that the stolen property was found in the person’s possession, then, if the person has been convicted of an offence involving fraud or dishonesty within the 5 years immediately preceding, evidence of that previous conviction may be given and may be taken into consideration when proving that the accused knew that the property in the accused’s possession was stolen. (2) The accused must be given at least 7 days’ written notice that proof will be given of the previous conviction under subsection (1). (3) For the purposes of subsection (1), the previous conviction of the accused need not be entered in the charge.


document_id: cpc-2010
provision_ref: s267
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 267
title: Proof by formal admission
content:
267. —(1) Subject to this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the Public Prosecutor or the accused, and the admission by any party of any such fact under this section is, as against that party, conclusive evidence in those proceedings of the fact admitted. (2) An admission under this section — ( a ) may be made before or at the proceedings; ( b ) if made otherwise than in court, must be in writing; ( c ) if made in writing by an individual, must purport to be signed by the person making it and, if so made by a body corporate, limited liability partnership, partnership or unincorporated association, must purport to be signed by a duly authorised representative of that body corporate, limited liability partnership, partnership or unincorporated association, as the case may be; ( d ) if made on behalf of an accused who is an individual, must be made by his or her advocate; and ( e ) if made before the trial by an accused who is an individual, must be approved by his or her advocate before or at the proceedings in question. (3) An admission under this section for the purpose of proceedings relating to any matter is treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter, including any appeal or retrial. (4) An admission under this section may with the permission of the court be withdrawn in the proceedings for which it is made or any subsequent criminal proceedings relating to the same matter. [Act 25 of 2021 wef 01/04/2022]


document_id: cpc-2010
provision_ref: s268
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 268
title: Hearsay evidence in criminal proceedings
content:
268. In any criminal proceedings, a statement is admissible as evidence of any fact stated therein to the extent that it is so admissible by this Code, the Evidence Act 1893, or any other written law.


document_id: cpc-2010
provision_ref: s269
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 269
title: Opinion of expert in criminal proceedings
content:
269. —(1) In any criminal proceedings, an opinion of an expert on a point of scientific, technical or other specialised knowledge is admissible as evidence to the extent that it is so admissible by this Code, the Evidence Act 1893 * , the Criminal Procedure Rules or any other written law. (2) The Criminal Procedure Rules may prescribe — ( a ) the duties of an expert; ( b ) how an opinion of an expert on a point of scientific, technical or other specialised knowledge is to be adduced in evidence; and ( c ) the requirements for any such opinion to be used in evidence. [Act 19 of 2018 wef 31/12/2025] [*Updated to be construed with the 2020 Revised Edition]


document_id: cpc-2010
provision_ref: s270
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 270
title: Opinion of psychiatrist in criminal proceedings
content:
270. —(1) In any criminal proceedings, an opinion of a psychiatrist on any matter concerning psychiatry (when given as the opinion of an expert) is not admissible as evidence, unless the psychiatrist is a member of the panel of psychiatrists (called in this section the Panel) established for the purposes of this section. (2) A Selection Committee may appoint, or renew the appointment of, a psychiatrist as a member of the Panel, for a period not exceeding 2 years at a time, if the psychiatrist applies in such manner, and satisfies such requirements, as may be prescribed in the Criminal Procedure Rules. (3) In deciding whether to appoint, or to renew the appointment of, a psychiatrist as a member of the Panel, the Selection Committee must consider such matters as may be prescribed in the Criminal Procedure Rules. (4) The Selection Committee may revoke the appointment of a psychiatrist as a member of the Panel in such circumstances as may be prescribed by the Criminal Procedure Rules. (5) Any psychiatrist who is aggrieved by any decision of the Selection Committee mentioned in the following paragraphs may appeal to the Chief Justice within such period, and in such manner, as may be prescribed by the Criminal Procedure Rules: ( a ) a decision not to appoint the psychiatrist as a member of the Panel; ( b ) a decision not to renew the appointment of the psychiatrist as a member of the Panel; ( c ) a decision to revoke the appointment of the psychiatrist as a member of the Panel. (6) The decision of the Chief Justice on an appeal under subsection (5) is final. (7) Where the appointment of a psychiatrist as a member of the Panel is revoked under subsection (4), the psychiatrist cannot be re‑appointed as a member of the Panel until such period as may be specified in the Criminal Procedure Rules has passed. (8) The Selection Committee consists of the following persons: ( a ) a Supreme Court Judge, who is nominated by the Chief Justice for such period as the Chief Justice may determine, and who is the chairperson of the Committee; [Act 40 of 2019 wef 31/12/2025] ( b ) a District Judge, who is nominated by the Chief Justice for such period as the Chief Justice may determine; ( c ) a public officer, who is nominated by the Minister charged with the responsibility for health. (9) All members of the Selection Committee must be present to constitute a quorum for a meeting of the Committee. (10) Each member of the Selection Committee has one vote. (11) A decision is adopted by the Selection Committee at a meeting if a majority of the votes cast on it are in favour of it. (12) A member present at a meeting of the Selection Committee is presumed to have agreed to, and to have cast a vote in favour of, a decision of the Committee, unless the member expressly votes against the decision at the meeting. (13) The members may, in place of the procedure described in subsections (11) and (12), adopt a decision by assenting to the decision in writing, if — ( a ) all of the members are given (whether by post, personal delivery or electronic communication) the terms of the decision to be made; and ( b ) a majority of those members who are entitled to vote on the matter sign or approve a document containing the terms of the decision to be made and a statement that they are in favour of those terms. (14) Where subsection (13) applies, the decision is deemed to have been adopted at a meeting of the Selection Committee on the date on which the document containing the terms of the decision to be made is signed or approved by the last member required to form the majority of members in favour of the decision. [Act 19 of 2018 wef 31/12/2025] (15) No action, suit or other legal proceedings shall lie against the Chief Justice, the Selection Committee or any member of the Selection Committee in respect of an act or a thing done under this section. [Act 5 of 2024 wef 31/12/2025] 271. [ Repealed by Act 4 of 2012 ] 272. [ Repealed by Act 4 of 2012 ] 273. [ Repealed by Act 4 of 2012 ] 274. [ Repealed by Act 4 of 2012 ] 275. [ Repealed by Act 4 of 2012 ] 276. [ Repealed by Act 4 of 2012 ] 277. [ Repealed by Act 4 of 2012 ]


document_id: cpc-2010
provision_ref: s278
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 278
title: Notice of alibi
content:
278. —(1) In any trial, the accused may not, without the permission of the court, offer evidence in support of an alibi unless the accused gives notice of particulars of the alibi. [Act 25 of 2021 wef 01/04/2022] (2) Without affecting subsection (1), the accused may not call a witness to give such evidence without the permission of the court unless the following conditions apply: ( a ) the notice under subsection (1) includes the name and address of the witness or, if the accused does not know the name or address at the time the accused gives the notice, any information the accused has that might help find the witness; ( b ) if the name or the address is not included in that notice, the court is satisfied that the accused, before giving the notice, took and continued taking all reasonable steps to find out the name or address; ( c ) if the name or the address is not included in that notice, but the accused later discovers the name or address or receives other information that might help to find the witness, the accused immediately gives notice of the name, address or other information, as the case may be; ( d ) if the accused is notified by, or on behalf of, the Public Prosecutor that the witness has not been traced by the name or at the address given, the accused gives notice immediately of the information the accused has or later receives. [Act 25 of 2021 wef 01/04/2022] (3) Subject to any directions by the court as to the time it is to be given, evidence to disprove an alibi may be given before or after evidence in support of the alibi. (4) Unless the contrary is proved, a notice offered under this section on behalf of the accused by the accused’s advocate is regarded as having been given with the accused’s authority. (5) A notice under subsection (1) must either be given — ( a ) to the court when the accused is first charged in court in relation to the offence for which the accused is raising the defence of an alibi; or ( b ) in writing to the Public Prosecutor, or to the officer in charge of the prison where the accused is kept for the officer to forward to the Public Prosecutor, within 14 days from the date the accused is charged in court for the first time with the offence for which the accused is raising the defence of an alibi. (6) A notice under subsection (2)( c ) or ( d ) must be given in writing to the Public Prosecutor. (7) A notice required by this section to be given to the Public Prosecutor may be delivered to the Public Prosecutor, or left at his or her office, or sent in a registered letter addressed to the Public Prosecutor at his or her office. (8) If the Public Prosecutor or any officer of a law enforcement agency interviews any witness who is named in a notice given under this section, the accused or the accused’s advocate is entitled to be present at the interview. (9) The court may not refuse permission under this section if no advocate appears to have been instructed to act for the accused at any time before the accused’s trial and if it is satisfied that the accused was unaware of the provisions of this section. [Act 25 of 2021 wef 01/04/2022] (10) In this section, “evidence in support of an alibi” means evidence tending to show that because the accused was present at a place or in an area at a certain time the accused was not, or was unlikely to have been, at the place where the offence was committed at the relevant time. Division 3 &#x2014; Ancillary hearing


document_id: cpc-2010
provision_ref: s279
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 279
title: Procedure to determine admissibility of evidence
content:
279. —(1) Subject to this Code and any other written law relating to the admissibility of evidence, where any party objects to the admissibility of any statement made by that party or any other evidence which the other party to the case intends to tender at any stage of the trial, the court must determine it separately at an ancillary hearing before continuing with the trial. Illustrations ( a ) Evidence is to be given of a tape recording that is said to be of a conversation between X and Y . There is an objection that the tape has been tampered with. The court must hold an ancillary hearing to determine its admissibility. ( b ) X is accused of murdering Y and disposing of the body by dismembering it. The prosecution seeks to offer evidence that X was involved in the murder of Z where similar dismemberment was done. The defence objects to the admission of such evidence. The court must hold an ancillary hearing to determine the admissibility of the evidence. ( c ) The prosecution seeks to admit the statement of the accused. The accused alleges that the statement was given involuntarily as a result of a threat, inducement or promise. The court must hold an ancillary hearing to determine whether the statement was given voluntarily. ( d ) The prosecution seeks to admit a statement of the accused, who denies that the accused made it. No ancillary hearing is necessary as this does not relate to the voluntariness of the statement. ( e ) X is accused of murdering Y . Z , a good friend of X , testifies that X told Z that X had murdered Y , which is denied by X . As Z is not a person in authority, no ancillary hearing is necessary as there is no issue of admissibility. (2) In an ancillary hearing, any evidence adduced must be limited only to the ancillary issue. (3) The following procedure must be complied with at an ancillary hearing: ( a ) the party seeking to admit the evidence must produce the party’s evidence on the ancillary issue; ( b ) the party must then examine the party’s witnesses (if any) and each of the witnesses may in turn be cross‑examined by the other party and every co‑accused (as the case may be), after which the first party may re-examine the witnesses; ( c ) after the party has concluded the party’s case, the court must call on the other party to present the other party’s evidence; ( d ) when the other party is called on to present the other party’s evidence, the other party must examine the other party’s witnesses (if any) and each of the witnesses may in turn be cross‑examined by the first party and every co‑accused (as the case may be), after which the witnesses may be re‑examined; ( e ) an accused may apply to the court to issue process for compelling the attendance of any witness and the production of any exhibit in court, whether or not the witness has previously been examined in the case, for the purpose of examination or cross‑examination; ( f ) the court must issue process unless it considers that the application made under paragraph ( e ) should be refused because it is frivolous or vexatious or made to delay or frustrate justice and in such a case the court must record the reasons for the order; ( g ) before summoning any witness pursuant to an application under paragraph ( e ), the court may require that the reasonable expenses incurred by the witness in attending the trial be deposited in court by the defence; ( h ) at the close of the other party’s case, whether or not evidence has been adduced in accordance with section 283, the first party has the right to call a person as a witness or recall and re‑examine a person already examined, for the purpose of rebuttal, and the witness may be cross‑examined by the other party and every co‑accused, after which the first party may re‑examine the witness; ( i ) at the close of the other party’s case, the first party may sum up the first party’s case; ( j ) the first party has the final right of reply on the whole case; ( k ) before proceeding with the main trial, the court must make a ruling on the admissibility of the statement or the other evidence which has been objected to by any party to the proceedings. (4) Where a witness, other than an accused, is giving evidence for the prosecution or the defence, the court may, on the application of either party, interpose that witness with any other witness if the court is of the view that there are good reasons to do so. (5) If any evidence has been given in any ancillary hearing relating to the statement or the other evidence which has been objected to by any party to the proceedings, any such evidence which is relevant for the purposes of the main trial is admissible without the need to recall any of the witnesses to give evidence. (6) The court may, in the interests of justice, allow any witness who has testified at the ancillary hearing to be recalled during the trial for examination or cross-examination by the prosecution or the defence, as the case may be. (7) If the court, after hearing evidence in the main trial, is doubtful about the correctness of its earlier decision whether or not to admit the evidence at the ancillary hearing, it may call on the prosecution and the defence to make further submissions. (8) If the court, after hearing any submissions, decides to reverse its earlier decision in admitting the evidence, it must disregard such evidence when determining whether or not to call for the defence or when determining the guilt or otherwise of the accused. (9) If the court, after hearing any submissions, decides to reverse its earlier decision in not admitting the evidence, such evidence may be admitted in court for the purpose of determining whether or not to call for the defence or when determining the guilt or otherwise of the accused. Division 4 &#x2014; Special provisions relating to
recording or giving of evidence [19/2018]


document_id: cpc-2010
provision_ref: s280
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 280
title: Power of Magistrate to record statements
content:
280. —(1) A Magistrate may record a statement made to him or her at any time before a trial begins. (2) The statement must be recorded in full, and a question asked by the Magistrate and the answer given to him or her must be clearly shown as being a question and answer. (3) The Magistrate must not record the statement if, on questioning the person making it, the Magistrate does not believe it was made voluntarily. (4) The Magistrate must make a note at the foot of this record as follows: “I believe that this statement was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it. The maker of the statement has admitted that it is correct and contains a full and true account of what he/she said. (Signed) A.B. Magistrate”. (5) If the person making the statement does not understand English, the proceedings must be interpreted for the person in his or her own language or in a language he or she understands, and the note mentioned in subsection (4) must be signed by the Magistrate and by the interpreter. (6) Taking and recording a statement disqualifies the Magistrate who has taken and recorded it from trying the case. (7) If an accused’s confession recorded under this section is presented to a court as evidence, but the court finds that the Magistrate recording the statement did not fully comply with this section, it must take evidence as to whether the accused duly made the statement recorded and, if it is satisfied of that, it must admit the statement in evidence if the error has not prejudiced the accused’s defence on the merits.


document_id: cpc-2010
provision_ref: s281
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 281
title: Evidence through video or television links
content:
281. —(1) Despite any provision of this Code or of any other written law, but subject to the provisions of this section, the court may allow the evidence of a person in Singapore (except the accused) to be given through a live video or live television link in any trial, inquiry, appeal or other proceedings if — ( a ) the witness is below 18 years of age; ( b ) the offence charged is an offence specified in subsection (2); ( c ) the court is satisfied, having regard to matters prescribed by the Criminal Procedure Rules, that it is in the interests of justice to do so; or [Act 25 of 2021 wef 01/04/2022] ( d ) the Minister certifies that it is in the public interest to do so. [30/2019] (2) The offences for the purposes of subsection (1)( b ) are — ( a ) an offence that involves an assault on or injury or a threat of injury to persons, including an offence under sections 319 to 338 of the Penal Code 1871; ( aa ) an offence under section 356, 357 or 358 of the Penal Code 1871; ( b ) a child abuse offence; ( c ) an offence under section 28(2) of the Children and Young Persons Act 1993; ( ca ) an offence punishable under the Organised Crime Act 2015; ( d ) a sexual offence; ( da ) an offence under section 169(3) of the Women’s Charter 1961; and ( e ) any other offence that the Minister may, after consulting the Chief Justice, prescribe. [26/2015; 19/2018; 15/2019] (2A) [ Deleted by Act 25 of 2021 wef 01/04/2022 ] (3) Despite any provision of this Code or of any other written law, unless the court directs otherwise, while an accused is in remand in Singapore, the accused is to appear before the court through a live video or live television link in any of the following proceedings: ( a ) proceedings for an application for bail or release on personal bond at any time after the accused is first produced before a Magistrate pursuant to Article 9(4) of the Constitution; ( b ) proceedings for an extension of the remand of the accused under section 238; ( c ) proceedings for a State Court to record a plea of guilty from the accused, and to convict the accused; ( d ) proceedings in a State Court for the sentencing of the accused, after the conviction of the accused in earlier proceedings; ( e ) any other proceedings that the Minister may prescribe by regulations under this section, after consulting the Chief Justice. [19/2018] (4) Despite any provision of this Code or of any other written law but subject to subsection (5), an accused may appear before the court through a live video or live television link while in remand in Singapore in proceedings for an application for remand or for bail or for release on personal bond when the accused is first produced before a Magistrate pursuant to Article 9(4) of the Constitution. [Act 25 of 2021 wef 01/04/2022] (5) A court may, if it considers it necessary, either on its own motion or on the application of an accused, require an accused to be produced in person before it in proceedings mentioned in subsection (4) or (5A). [Act 25 of 2021 wef 01/04/2022] (5A) Despite any provision of this Code or of any other written law, a court may, in any court proceedings (whether a trial, an inquiry, an appeal or other court proceedings), if the court is satisfied that it is in the interests of justice and that sufficient administrative and technical facilities and arrangements are made at the place from which an accused person is to give evidence or to appear, allow the accused person to give evidence or to appear (other than to give evidence) by means of a live video or live television link from — ( a ) a place within a court, a prison, an approved centre or an approved institution in Singapore; or ( b ) any other place in Singapore — (i) in proceedings where all parties consent to the accused person giving evidence or appearing from that place; or (ii) in any other proceedings that the Minister may prescribe by regulations under this section, after consulting the Chief Justice. [Act 25 of 2021 wef 01/04/2022] (5B) Despite any provision of this Code or of any other written law, a court may, in any court proceedings (whether a trial, an inquiry, an appeal or other court proceedings), allow a witness (not being the accused) who is not in Singapore to give evidence from a place that is not in Singapore by means of a live video or live television link, if — ( a ) the court is satisfied that allowing the witness to give evidence from a place that is not in Singapore by means of a live video or live television link would be in the interests of justice; ( b ) the court is satisfied that sufficient administrative and technical facilities and arrangements are made at the place from which the witness is to give evidence; and ( c ) any one of the following conditions is satisfied: (i) the witness is an expert witness; (ii) the witness is a witness of fact and all parties consent to the witness giving evidence from outside Singapore; (iii) the witness — (A) is a witness of fact; (B) is unable to give evidence from a place in Singapore; and (C) has — (CA) sworn an affidavit in the manner provided in section 262(1) containing the evidence which the witness proposes to give to the court; (CB) made a statutory declaration in the manner provided in section 11 or 12 of the Oaths and Declarations Act 2001 † containing the evidence which the witness proposes to give to the court; or (CC) made a statement under section 264 containing the evidence which the witness proposes to give to the court. [Act 25 of 2021 wef 01/04/2022] [†Updated to be consistent with the 2020 Revised Edition] (5C) For the purposes of subsection (5B)( c )(iii)(B), a witness is not unable to give evidence from a place in Singapore merely because — ( a ) the witness fears arrest in Singapore or in any other jurisdiction; ( b ) the witness fears prosecution in Singapore or in any other jurisdiction; or ( c ) a warrant of arrest has been issued against the witness in Singapore or in any other jurisdiction. [Act 25 of 2021 wef 01/04/2022] (6) In exercising its powers under subsection (1), (3), (4), (5A) or (5B), the court may make an order on all or any of the following matters: ( a ) the persons who may be present at the place with the witness; ( b ) that a person be kept away from the place while the witness is giving evidence; ( c ) the persons in the courtroom who must be able to be heard, or seen and heard, by the witness and by the persons with the witness; ( d ) the persons in the courtroom who must not be able to be heard, or seen and heard, by the witness and by the persons with the witness; ( e ) the persons in the courtroom who must be able to see and hear the witness and the persons with the witness; ( f ) the stages in the proceedings during which a specified part of the order is to apply; ( g ) the method of operation of the live video or live television link system including compliance with such minimum technical standards as the Chief Justice may determine; ( h ) any other order that the court considers necessary in the interests of justice; [Act 25 of 2021 wef 01/04/2022] ( i ) any other matter prescribed by the Criminal Procedure Rules. [Act 25 of 2021 wef 01/04/2022] (7) The court may revoke, suspend or vary an order made under this section if — ( a ) the live video or live television link system stops working and it would cause unreasonable delay to wait until a working system becomes available; ( b ) it is necessary for the court to do so to comply with its duty to ensure fairness in the proceedings; ( c ) it is necessary for the court to do so in order that the witness can identify a person or a thing or so that the witness can participate in or view a demonstration or an experiment; ( d ) it is necessary for the court to do so because part of the proceedings is being heard outside a courtroom; [Act 25 of 2021 wef 01/04/2022] ( e ) there has been a material change in the circumstances after the court has made the order; [Act 25 of 2021 wef 01/04/2022] ( f ) any conditions prescribed by the Criminal Procedure Rules for the purposes of this subsection are met. [Act 25 of 2021 wef 01/04/2022] (8) The court must not make an order under this section, or include a particular provision in such an order, if to do so would be inconsistent with its duty to ensure that the proceedings are conducted fairly to all parties. (8A) In making any order under this section, or any particular provision in such an order, a court is to have regard to matters prescribed by the Criminal Procedure Rules. [Act 25 of 2021 wef 01/04/2022] (9) An order made under this section does not cease to apply merely because the person in respect of whom it was made reaches 18 years of age before the proceedings in which it was made are finally concluded. [30/2019] (10) When a witness gives evidence in proceedings through a live video or live television link under this section, the evidence is to be regarded for the purposes of sections 193, 194, 195, 196 and 205 of the Penal Code 1871 as having been given in those proceedings. [15/2019] [Act 25 of 2021 wef 01/04/2022] (11) If a witness gives evidence in accordance with this section, for the purposes of this Code and the Evidence Act 1893, the witness is regarded as giving evidence in the presence of the court and the accused, as the case may be. (12) In subsections (6), (10) and (11), a reference to “witness” includes a reference to an accused who appears before a court through a live video or live television link under subsection (3), (4) or (5A). [Act 25 of 2021 wef 01/04/2022] (13) An accused person is deemed to attend court at the place appointed for the accused to do so, if the accused person appears before the court in accordance with subsection (5A). [Act 25 of 2021 wef 01/04/2022] (14) Criminal Procedure Rules may be made under section 428A to give effect to this section and for prescribing anything that may be prescribed under this section. [Act 25 of 2021 wef 01/04/2022] (15) The Minister may, after consulting the Chief Justice, make regulations to prescribe any offence for the purposes of subsection (2)( e ) or any proceedings for the purposes of subsection (3)( e ) or (5A)( b )(ii). [Act 25 of 2021 wef 01/04/2022] (16) In this section — “approved centre” means an approved centre declared under section 18 of the Intoxicating Substances Act 1987 † ; “approved institution” means an approved institution declared under section 35 of the Misuse of Drugs Act 1973 † ; “live video or live television link” means a live video or live television link that is created using an electronic communication technology approved by the Chief Justice. [Act 25 of 2021 wef 01/04/2022] [†Updated to be consistent with the 2020 Revised Edition]


document_id: cpc-2010
provision_ref: s281A
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 281A
title: Measures to prevent witness from seeing accused
content:
281A. —(1) Despite any provision of this Code or any other written law, but subject to this section, the court may make an order allowing a witness to give evidence while prevented by a shielding measure from seeing the accused, if — ( a ) the witness is below 18 years of age; ( b ) the witness is the alleged victim of a sexual offence or child abuse offence that the accused is charged with; or ( c ) the court is satisfied that — (i) either or both of the following apply: (A) the witness is afraid of the accused, or of giving evidence in the presence of the accused; (B) the witness will be distressed if the witness is required to give evidence in the presence of the accused; and (ii) the reliability of the witness’ evidence will be diminished by such fear or distress, as the case may be. [19/2018; 30/2019] (2) The shielding measure must not prevent the witness from being able to see, and to be seen by, any of the following: ( a ) the court; ( b ) the prosecutor; ( c ) any advocate representing the accused; ( d ) any interpreter or other person appointed to assist the witness. [19/2018] (3) An order under subsection (1) does not cease to apply merely because the witness in respect of whom the order was made reaches 16 years of age before the proceedings in which the order was made are finally concluded. [19/2018] (4) If a witness gives evidence in accordance with this section, for the purposes of this Code and the Evidence Act 1893, the witness is regarded as giving evidence in the presence of the accused. [19/2018] (5) In this section, “shielding measure” means a screen or any other arrangement in a courtroom that prevents a witness from seeing the accused. [19/2018]


document_id: cpc-2010
provision_ref: s281B
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 281B
title: Evidence to be given in private in certain cases
content:
281B. —(1) Despite any provision of any other written law but subject to subsection (2), in any case where the accused is charged with a sexual offence or child abuse offence, the court must order that the evidence of a witness be given in private, if — ( a ) the witness is the alleged victim of that offence; and ( b ) the witness does not elect to give evidence in an open and public court to which the public generally may have access. [19/2018] [Act 25 of 2021 wef 01/04/2022] (2) Subsection (1) does not apply to a matter or proceeding if — ( a ) any other written law requires the matter or proceeding to be heard in private; or [Act 25 of 2021 wef 01/04/2022] ( b ) the court has ordered, under any other written law, that the matter or proceeding be heard in private. [19/2018] [Act 25 of 2021 wef 01/04/2022] Division 5 &#x2014; Witnesses


document_id: cpc-2010
provision_ref: s282
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 282
title: Attendance of prisoner as witness
content:
282. —(1) Where the presence of any person detained in a prison in Singapore is required in any court, that court may issue a warrant addressed to the officer in charge of the prison requiring the officer to produce that person before the court in proper custody at the time and place named in the warrant and from time to time if the hearing is adjourned. (2) The officer in charge of the prison must have the person named in the warrant brought to court as directed and must arrange for the person’s safe custody during his or her absence from prison. (3) A warrant must bear the seal of the court and be signed by the Registrar of the Supreme Court, Registrar of the State Courts, District Judge or Magistrate, as the case may be. [5/2014]


document_id: cpc-2010
provision_ref: s283
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 283
title: Power of court to summon and examine persons
content:
283. —(1) A court may, on its own motion or on the application of the prosecution or the defence, at the close of the case for the defence, or at the end of any proceeding under this Code, summon a person as a witness or examine a person in attendance as a witness, whether or not summoned, or recall and re‑examine a person already examined. (2) The court must summon and examine or recall and re‑examine such a person if it thinks the person’s evidence is essential to making a just decision in the case. (3) The exercise by a court of its power under subsection (1) is not a ground for appeal, or for revision, unless the appellant or the applicant (as the case may be) shows that the examination has led to a failure of justice.


document_id: cpc-2010
provision_ref: s284
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 284
title: When person bound to give evidence intends to leave Singapore
content:
284. —(1) If a court is satisfied that any witness subject to a bond or is otherwise bound or about to be bound to give evidence in a trial intends to leave Singapore and that the ends of justice would probably be defeated if that person were not present at the trial to give evidence, it may, upon the application of the Public Prosecutor or accused, commit that person to prison until the trial or until that person gives satisfactory security that he or she will give evidence at the trial, or complies with any other conditions that may be imposed by the court. (2) Before making the order, the court must be satisfied that the party making the application has made adequate provision for the person’s maintenance and for compensating the person for his or her detention and loss of time.


document_id: cpc-2010
provision_ref: s285
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 285
title: Recording of evidence
content:
285. Except as otherwise expressly provided, in proceedings under this Code, the evidence of the witnesses must be recorded in the manner set down by this Part.


document_id: cpc-2010
provision_ref: s286
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 286
title: Manner of recording evidence
content:
286. —(1) The evidence given in any proceeding under this Code must be recorded by the court in writing or in any other suitable form of recording that can reduce the evidence to a readable form. (2) Evidence recorded in writing or, if it is not recorded in writing, the transcript of the evidence recorded, must be in English and signed by the judge hearing the case; and forms part of the record. (3) Evidence recorded under this section may be taken down in the form of question and answer or in the form of a narrative, as the court thinks fit. 287. [ Repealed by Act 19 of 2018 ]


document_id: cpc-2010
provision_ref: s288
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 288
title: Interpretation of evidence to accused
content:
288. —(1) Where evidence is given in a language not understood by the accused and he or she is present in person, it must be interpreted for him or her immediately in a language which the court is satisfied he or she understands. (2) Where documents are put in for the purpose of formal proof, the court may choose to interpret for the accused as much of them as appears necessary.


document_id: cpc-2010
provision_ref: s289
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 289
title: Remarks as to demeanour of witness
content:
289. During or after the recording of the evidence in the course of any proceeding under this Code, the court hearing the proceeding may record any remarks that it thinks material about the demeanour of the witness while under examination.


document_id: cpc-2010
provision_ref: s290
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 290
title: How previous conviction or acquittal may be proved
content:
290. —(1) In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal or any order of court relevant to the case may be proved, in addition to any other way provided by law — ( a ) by an extract certified to be a copy of the sentence or order by the officer who has custody of the records of the court in which that conviction, acquittal or order was carried out, whether in Singapore or elsewhere; or ( b ) alternatively — (i) in the case of a previous conviction in Singapore, either by a certificate signed by the officer who has custody of the records of the prison in Singapore in which the punishment or any part of it was inflicted, or by production of the warrant of commitment under which the punishment was suffered; or (ii) in the case of a previous conviction elsewhere, either by a certificate signed by the officer in charge of the prisons in that place in which the punishment or any part of it was inflicted, or by production of the warrant of commitment under which the punishment was suffered, together with evidence as to the identity of the accused and the person so convicted or acquitted or against whom the order was made. (2) The certificate mentioned in subsection (1)( b ) purporting to be signed by the officer who has custody of the records of the prison in Singapore or elsewhere is to be admitted in evidence on its production by the prosecution without proof of signature and, until the contrary is proved, is proof of all matters contained therein.


document_id: cpc-2010
provision_ref: s291
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 291
title: Accused not to give evidence except on oath or affirmation
content:
291. —(1) In all criminal proceedings, the accused may not give evidence except on oath or affirmation, and if the accused does so, the accused is liable to cross‑examination. [19/2018] (2) An accused who is not represented by an advocate has the right to address the court without being sworn or affirmed in circumstances where, if the accused were so represented, the advocate could address the court on the accused’s behalf. (3) If an accused — ( a ) after being called by the court to give evidence or after the accused or the advocate representing the accused has informed the court that the accused will give evidence, refuses to be sworn or affirmed; or ( b ) having been sworn or affirmed, without good cause refuses to answer any question, the court, in deciding whether the accused is guilty of the offence, may draw such inferences from the refusal as appear proper. (4) This section does not compel the accused to give evidence on the accused’s own behalf, and the accused will not be guilty of contempt of court if the accused refuses to be sworn or affirmed in the circumstances of subsection (3)( a ). (5) For the purposes of this section, an accused who, having been sworn or affirmed, refuses to answer a question is taken to do so without good cause unless — ( a ) the accused is entitled to refuse to answer by section 122(4) of the Evidence Act 1893 or another written law or on the ground of privilege; or ( b ) the court excuses the accused from answering it. (6) Subsection (3) does not apply to an accused if it appears to the court that the accused’s physical or mental condition makes it undesirable for him or her to be called on to give evidence.


document_id: cpc-2010
provision_ref: s292
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 292
title: Procedure when accused does not understand proceedings
content:
292. —(1) If an accused, though not of unsound mind, cannot understand or be made to understand the proceedings, the court may proceed with the trial. [19/2018] (2) For all courts other than the General Division of the High Court, if the trial results in a conviction, then the court must forward the proceedings to the General Division of the High Court with a report of the circumstances of the case and the General Division of the High Court must make such order or pass such sentence as it thinks fit. [19/2018; 40/2019]


document_id: cpc-2010
provision_ref: s293
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 293
title: Record of evidence in absence of accused
content:
293. —(1) If it is proved that an accused has absented himself or herself so that there is no immediate prospect of arresting him or her, the court competent to try the accused may, in the accused’s absence, examine any witnesses produced on the prosecution’s behalf and record their depositions. (2) These depositions may, on the arrest of the accused, be given in evidence against him or her at the trial for the relevant offence, if the deponent is dead or incapable of giving evidence or the deponent’s attendance cannot be procured without unreasonable delay, expense or inconvenience. [19/2018] (3) If it appears that an offence punishable with death or with imprisonment for life has been committed by some person or persons unknown, a Magistrate’s Court may hold an inquiry and examine any witnesses who can give evidence concerning the offence. (4) Any deposition so taken under subsection (3) may be given in evidence against any person who is subsequently accused of the offence if the deponent is dead or incapable of giving evidence or is outside Singapore.


document_id: cpc-2010
provision_ref: s294
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 294
title: Procedure when prospective witness is ill
content:
294. —(1) Where it appears to a Magistrate that a person able to give material evidence for the prosecution or defence concerning any offence is so dangerously ill that it is not practicable to take the person’s evidence according to the usual course of law, any Magistrate may take the deposition of that person provided that reasonable notice has been given to the prosecutor and the accused of the Magistrate’s intention to take it and of when and where the Magistrate intends to take it. (2) If the accused is in custody, a Judge or a Magistrate may order the officer in charge of the prison to, and the officer must, take the accused to the place and at the time notified. (3) Where it is proved at the trial of the accused that the deponent is dead, or that the deponent cannot attend for any sufficient reason, the deposition may be read even though the accused was absent when it was taken if the court trying the case is satisfied that — ( a ) the deponent was at the time of his or her examination so dangerously ill as mentioned in subsection (1); ( b ) the deposition was duly taken at the place and time notified; and ( c ) reasonable notice of the intention to take it was given to the person against whom it is tendered in evidence so that the person or the person’s advocate might have been present and might have had, if he or she had chosen to be present, full opportunity of cross‑examination.


document_id: cpc-2010
provision_ref: s295
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 295
title: Taking of evidence before trial
content:
295. —(1) Subject to subsection (2), where an application is made by the Public Prosecutor or the accused to a court for the evidence of a witness to be taken at any time before the date on which a criminal matter is fixed for trial, the court is to take the evidence of the witness appearing before it. (2) An application under subsection (1) can only be made if it is shown with respect to the witness that it is not reasonably practicable to secure the witness’s attendance at the time fixed for the trial. (3) The proceeding under this section must be conducted in the presence of the accused and co‑accused, if any. (4) The witness called by a party to give evidence in the proceeding under this section may be cross‑examined by any other party to the proceeding, after which the witness may be re‑examined by the party calling the witness to give evidence. (5) Any statement of a witness taken in proceedings under this section may be given in evidence in any trial under this Code (whether or not by the same judge hearing the proceedings) although the person is not called as a witness.


document_id: cpc-2010
provision_ref: s296
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 296
title: Deposition of medical witness
content:
296. If the court is satisfied that grave inconvenience would otherwise be caused, it may, if it thinks fit, allow the deposition of a medical officer of the Government or other medical witness taken and attested by a Magistrate in the presence of the accused to be given in evidence in any trial under this Code, although the deponent is not called as a witness.


document_id: cpc-2010
provision_ref: s297
chapter: PART 14 - EVIDENCE AND WITNESSES
section: 297
title: Deposition of certain other witnesses
content:
297. Whenever, at a committal hearing under Division 2 of Part 10 as in force immediately before 17 September 2018, the evidence of any witness has been taken for the purpose of proving the custody or disposal of any matter or thing forwarded in the course of the inquiry to any public officer for examination or analysis or report, or of proving the custody or disposal of any instrument, weapon, matter or thing used in or for the commission of any offence, or of proving the accuracy of any plan or survey made or photograph taken by that witness for the purpose of the case, the General Division of the High Court may, if it thinks fit, allow the deposition of that witness, taken and attested by an examining Magistrate in the presence of the accused to be given in evidence in any trial before the General Division of the High Court although the deponent is not called as a witness. [19/2018; 40/2019]


document_id: cpc-2010
provision_ref: s298
chapter: PART 15 - JUDGMENT
section: 298
title: Mode of delivering judgment
content:
298. —(1) The court must deliver judgment in every criminal trial, criminal appeal, case stated, criminal revision, criminal reference or criminal motion in open court immediately after the trial, appeal, case stated, criminal revision, criminal reference or criminal motion, or at a later time of which due notice must be given to the parties or their advocates. (2) A judgment must be delivered either orally or by written grounds of decision. (3) Where a judgment is delivered by written grounds of decision, the judgment may be delivered by pronouncing the court’s decision with an oral summary of the written grounds, and giving a copy of the written grounds to the parties or their advocates either on the date of the court’s decision or at a later date. (4) Where a trial judge had delivered judgment in any manner referred to in subsection (2), the trial judge may, at any time before the appeal is heard, give further grounds for his or her decision, which may include grounds other than the grounds of decision given earlier by the trial judge. (5) Where an appellate court had delivered judgment orally, it may, at a later date, give in writing the grounds of its decision, which may include grounds other than the grounds of decision given earlier by the appellate court. (6) Where the appellate court comprises more than one judge, it must ordinarily give only one judgment, which may be delivered by the presiding judge or by such other member of the appellate court as the presiding judge may direct. (7) Separate judgments must be delivered if the presiding judge so directs. (8) The judgment of any judge who is absent may be delivered by any other judge. (9) If the accused is in custody, the accused must be produced before the court. (10) If the accused is not in custody, the accused must attend to hear judgment delivered except when the accused’s personal attendance during the trial has been dispensed with and the sentence is one of fine only. (11) Where the court reserves judgment in a trial, appeal, case stated, criminal revision, criminal reference or criminal motion, it may grant bail to the accused, with or without sureties, and on such terms and conditions as it thinks fit.


document_id: cpc-2010
provision_ref: s299
chapter: PART 15 - JUDGMENT
section: 299
title: Procedure after judgment of appellate court
content:
299. —(1) After hearing the appeal and delivering its judgment, the appellate court must certify its judgment, sentence or order to the trial court which recorded or passed the judgment, sentence or order appealed against. (2) Where an appeal is not dismissed, the certificate must state the grounds on which the appellate court allowed the appeal or varied the trial court’s decision. (3) The trial court must then make orders that conform to the appellate court’s judgment, sentence or order, and, if necessary, amend the record accordingly. (4) If the appellate court imposes a sentence of imprisonment on a person who was not so sentenced by the trial court, the appellate court must by warrant commit that person to prison in addition to anything else it is required to do by this section and must certify accordingly to the trial court.


document_id: cpc-2010
provision_ref: s300
chapter: PART 15 - JUDGMENT
section: 300
title: Judgment in alternative
content:
300. When a person is found guilty of one of several possible offences under any written law, but it is doubtful which of those offences the person is guilty of, the court must record a conviction in the alternative, distinctly specifying those offences, and the offender must be punished for the offence carrying the lowest punishment if the same punishment is not provided for all.


document_id: cpc-2010
provision_ref: s301
chapter: PART 15 - JUDGMENT
section: 301
title: Judgment not to be altered
content:
301. —(1) Where a court has delivered its judgment, it may rectify a clerical error at any time, and any other error, including an error in the exercise of its sentencing powers, may be rectified by the court by the next working day after the delivery of the judgment. Illustrations ( a ) A Magistrate’s Court sentences an accused to 4 years’ imprisonment for an offence of theft under section 380 of the Penal Code 1871. Insofar as a Magistrate’s Court may only impose an imprisonment term not exceeding 3 years, the court had made an error. Such an error may be rectified by the court by the next working day after the delivery of the judgment. ( b ) A committed an offence under the Penal Code 1871 after the coming into force of the Penal Code (Amendment) Act 2007. The Magistrate’s Court, however, imposed a sentence on A based on the penalty provision in the Penal Code 1871 that was in force prior to the coming into force of the Penal Code (Amendment) Act 2007 when it should have sentenced A based on the penalty provision as amended by the Penal Code (Amendment) Act 2007. Such an error may be rectified by the court by the next working day after the delivery of the judgment. ( c ) A District Court imposes caning on a man who committed an offence when he was 54 years of age. Insofar as section 325 of this Code prohibits the court from imposing caning on the man, the court had made an error. Such an error may be rectified by the court by the next working day after the delivery of the judgment. ( d ) A District Court sentences an accused to one year’s imprisonment for an offence of extortion by putting a person in fear of death or grievous hurt under section 386 of the Penal Code 1871. Insofar as section 386 of that Code imposes a mandatory minimum imprisonment term of 2 years, the court had made an error. Such an error may be rectified by the court by the next working day after the delivery of the judgment. (2) To avoid doubt, any error resulting from a sentence imposed by a court which it subsequently views as being too harsh or too lenient is not an error within the meaning in subsection (1).


document_id: cpc-2010
provision_ref: s303
chapter: PART 16 - SENTENCES
section: 303
title: Sentences
content:
303. —(1) The General Division of the High Court may pass any sentence authorised by law. [40/2019] (2) Subject to this Code and any other written law, a District Court may pass any of the following sentences: ( a ) imprisonment not exceeding 10 years; ( b ) fine not exceeding $30,000; ( c ) caning not exceeding 12 strokes; ( d ) any other lawful sentence, including a combination of the sentences it is authorised by law to pass. (3) Subject to this Code and any other written law, a Magistrate’s Court may pass any of the following sentences: ( a ) imprisonment not exceeding 3 years; ( b ) fine not exceeding $10,000; ( c ) caning not exceeding 6 strokes; ( d ) any other lawful sentence, including a combination of the sentences it is authorised by law to pass.


document_id: cpc-2010
provision_ref: s303A
chapter: PART 16 - SENTENCES
section: 303A
title: Presumptive minimum sentence
content:
303A. —(1) This section applies where a presumptive minimum sentence is prescribed for an offence under any written law, which is denoted by the words “imprisonment for a presumptive minimum term of not less than” or words to the same or similar effect. [15/2019] (2) The court must, unless subsection (3) applies, impose a sentence that is equal to or greater than the presumptive minimum sentence prescribed for that offence. [15/2019] (3) Where the court is satisfied that by reason of exceptional circumstances it would be unjust to impose on a first‑time offender the presumptive minimum sentence prescribed for an offence the first‑time offender is convicted of, the court must impose a sentence of the same type of punishment but that is less than the presumptive minimum sentence prescribed for that offence. [15/2019] (4) In any written law, unless the context requires otherwise, a reference to a mandatory minimum sentence of imprisonment shall include a reference to a presumptive minimum sentence mentioned in subsection (1). [15/2019] (5) In this section, “first‑time offender”, in relation to an offence, means a person who does not fall within any of the following descriptions: ( a ) a person who had previously been sentenced to a term of imprisonment for any offence, other than a term of imprisonment served by him or her in default of payment of a fine; ( b ) a person who had previously been sentenced to reformative training, corrective training or preventive detention, for any offence; ( c ) a person who had previously been detained or subject to police supervision under section 30 of the Criminal Law (Temporary Provisions) Act 1955; ( d ) a person who had previously been admitted to an approved institution under section 34 of the Misuse of Drugs Act 1973 or to an approved centre under section 17 of the Intoxicating Substances Act 1987. Explanation .—The circumstances must be so exceptional as to make it unjust to impose the presumptive minimum sentence for an offence and outweigh the public interests in punishing the offender with the presumptive minimum sentence. The mere presence of all or any of the following mitigating circumstances will not be sufficient to constitute “exceptional circumstances”: ( a ) the offender pleaded guilty to the offence; ( b ) the offender is a first‑time offender; ( c ) the offender is of previous good character. [15/2019]


document_id: cpc-2010
provision_ref: s304
chapter: PART 16 - SENTENCES
section: 304
title: Corrective training and preventive detention
content:
304. —(1) Where a person of 18 years of age or above — ( a ) is convicted before the General Division of the High Court or a District Court of an offence punishable with imprisonment for 2 years or more, and has been convicted in Singapore or elsewhere at least twice since he or she reached 16 years of age for offences punishable with such a sentence; or ( b ) is convicted at one trial before the General Division of the High Court or a District Court of 3 or more distinct offences punishable with imprisonment for 2 years or more, and has been convicted and sentenced in Singapore or elsewhere to imprisonment for at least one month since he or she reached 16 years of age for an offence punishable with imprisonment for 2 years or more, then, if the court is satisfied that it is expedient with a view to the person’s reformation and the prevention of crime that the person should receive training of a corrective character for a substantial period of time, followed by a period of supervision if released before the expiry of his or her sentence, the court, unless it has special reasons for not doing so, must sentence him or her to corrective training for a period of 5 to 14 years in lieu of any sentence of imprisonment, or any sentence of imprisonment and fine. [19/2018; 40/2019] (2) Where a person 30 years of age or above — ( a ) is convicted before the General Division of the High Court or a District Court of an offence punishable with imprisonment for 2 years or more, and has been convicted in Singapore or elsewhere at least 3 times since he or she reached 16 years of age for offences punishable with such a sentence, and was on at least 2 of those occasions sentenced to imprisonment or corrective training; or ( b ) is convicted at one trial before the General Division of the High Court or a District Court of 3 or more distinct offences punishable with imprisonment for 2 years or more, and has been convicted and sentenced in Singapore or elsewhere to imprisonment for at least one month since he or she reached 16 years of age for an offence punishable with imprisonment for 2 years or more, then, if the court is satisfied that it is expedient for the protection of the public that the person should be detained in custody for a substantial period of time, followed by a period of supervision if released before the expiry of his or her sentence, the court, unless it has special reasons for not doing so, must sentence him or her to preventive detention for a period of 7 to 20 years in lieu of any sentence of imprisonment, or any sentence of imprisonment and fine. [19/2018; 40/2019] (3) Before sentencing any offender to corrective training or preventive detention, the court must call for and consider any report submitted by the Commissioner of Prisons, or any person authorised by the Commissioner of Prisons to submit the report on the Commissioner’s behalf, on the offender’s physical and mental condition and the offender’s suitability for such a sentence; and if the court has not received such a report, it must remand the offender in custody for a period or periods, not exceeding one month in the case of any single period, to enable the report to be submitted. [1/2014] (4) The court must give a copy of any report submitted by the Commissioner of Prisons to the offender or the offender’s advocate and to the Public Prosecutor. [1/2014] (5) Where an offender who is sentenced under subsection (1) or (2) is also convicted at the same trial of any offence other than an offence punishable with imprisonment for 2 years or more, the court may, on the application of the Public Prosecutor, instead of imposing any term of imprisonment as may be prescribed for that offence, take into account that offence for the purposes of determining the period of corrective training or preventive detention, as the case may be. (6) A person sentenced to corrective training or preventive detention must be detained in a prison for the term of his or her sentence in accordance with the regulations made under section 428.


document_id: cpc-2010
provision_ref: s305
chapter: PART 16 - SENTENCES
section: 305
title: Reformative training
content:
305. —(1) If — ( a ) a person — (i) is convicted by a court of an offence punishable with imprisonment; and (ii) is, on the day of his or her conviction, of or above 18 years of age but below 21 years of age; ( b ) a person — (i) is convicted by a court other than the Youth Court of an offence punishable with imprisonment; (ii) is a person mentioned in section 42(2A)( b ), ( c ), ( d ) or ( e ) of the Children and Young Persons Act 1993; and (iii) is, on the day of his or her conviction, of or above 16 years of age but below 18 years of age; ( c ) a person — (i) is convicted by a court of an offence punishable with imprisonment; (ii) is, on the day of his or her conviction, of or above 14 years of age but below 18 years of age; (iii) has, before that conviction, been dealt with by a court in connection with another offence; and (iv) had, for that offence mentioned in sub-paragraph (iii), been ordered to be sent to a juvenile rehabilitation centre established under section 90 of the Children and Young Persons Act 1993; or ( d ) a person — (i) is convicted by a court of an offence punishable with imprisonment; (ii) is, on the day of his or her conviction, of or above 14 years of age but below 18 years of age; and (iii) is, in the opinion of the court, a person of so unruly a character that he or she cannot be safely detained in a juvenile rehabilitation centre or a place of detention, the court may impose a sentence of reformative training in lieu of any other sentence if the court is satisfied, having regard to the person’s character, previous conduct and the circumstances of the offence, that to reform the person and to prevent crime, the person should undergo a period of training in a reformative training centre. [Act 21 of 2025 wef 30/12/2025] (2) Where a young person has been ordered by a Youth Court under the Children and Young Persons Act 1993 to be brought before a District Court, then the court must inquire into the circumstances of the case and may — ( a ) if satisfied that to reform the young person he or she should undergo a period of training in a reformative training centre, sentence him or her to reformative training instead of any other sentence; or ( b ) in any case, deal with the young person in the manner that the Youth Court might have dealt with him or her. [27/2014] (3) Before imposing any sentence of reformative training, the court must call for and consider any report submitted by the Commissioner of Prisons, or any person authorised by the Commissioner of Prisons to submit the report on the Commissioner’s behalf, on the offender’s physical and mental condition, the offender’s suitability for the sentence, and the nature of the rehabilitation that is recommended for the offender; and if the court has not received such a report, it must remand the offender in custody for a period or periods, not exceeding one month in the case of any single period, to enable the report to be submitted. [1/2014; 19/2018] (4) The court must give a copy of any report submitted by the Commissioner of Prisons to the offender or the offender’s advocate and to the Public Prosecutor. [1/2014] (5) A person sentenced to reformative training must be detained in accordance with the regulations made under section 428. (6) A sentence of reformative training must specify, as the minimum period of detention, such of the following periods as the court may determine to be the most appropriate for the rehabilitation of the offender: ( a ) 6 months beginning on the date the sentence takes effect; ( b ) 12 months beginning on the date the sentence takes effect. [19/2018] (7) A sentence of reformative training (including any period of supervision under the sentence) must not extend beyond 54 months after the date the sentence takes effect. [19/2018] (8) The period of detention under a sentence of reformative training must not extend beyond — ( a ) 54 months after the date the sentence takes effect, in any case that may be prescribed; or ( b ) 36 months after the date the sentence takes effect, in any other case. [19/2018] (9) A sentence of reformative training (including any period of supervision under the sentence) that is imposed on a person expires if, while the person is serving the sentence — ( a ) a sentence of corrective training, or another sentence of reformative training, is imposed on the person; or ( b ) the person is detained under an order made under section 30(1) of the Criminal Law (Temporary Provisions) Act 1955. [19/2018] (10) Where a person, while serving a sentence of reformative training (including any period of supervision under the sentence), is sentenced to imprisonment, the sentence of reformative training does not expire, but runs concurrently with the sentence of imprisonment. [19/2018]


document_id: cpc-2010
provision_ref: s306
chapter: PART 16 - SENTENCES
section: 306
title: Sentence in case of conviction for several offences at one trial
content:
306. —(1) Where a person is convicted at one trial of any 2 or more distinct offences, the court must sentence the person for those offences to the punishments that it is competent to impose. (2) Subject to section 307 and subsection (4), where these punishments consist of imprisonment, they are to run consecutively in the order that the court directs, or they may run concurrently if the court so directs. (3) The court need not send the offender for trial before a higher court merely because the combined punishment for the various offences exceeds the punishment which the court is competent to inflict for a single offence. (4) Subject to any written law, a Magistrate’s Court or District Court may not impose a total term of imprisonment that exceeds twice that which such court is competent to impose under section 303.


document_id: cpc-2010
provision_ref: s307
chapter: PART 16 - SENTENCES
section: 307
title: Consecutive sentences in certain cases
content:
307. —(1) Subject to subsection (2), if at one trial a person is convicted and sentenced to imprisonment for at least 3 distinct offences, the court before which the person is convicted must order the sentences for at least 2 of those offences to run consecutively. (2) Where a sentence of life imprisonment is imposed by the General Division of the High Court at a trial mentioned in subsection (1), the other sentences of imprisonment must run concurrently with the sentence of life imprisonment, except that where the Court of Appeal sets aside or reduces the sentence of life imprisonment then the Court of Appeal may order any of the other sentences of imprisonment to run consecutively. [40/2019]


document_id: cpc-2010
provision_ref: s308
chapter: PART 16 - SENTENCES
section: 308
title: Limit of punishment for offence made up of several offences
content:
308. —(1) Where anything which is an offence is made up of parts, any of which parts is itself an offence, the person who committed the offence must not be punished with the punishment of more than one of such offences unless it is expressly provided. (2) Where — ( a ) anything is an offence falling within 2 or more separate definitions of any law in force for the time being by which offences are defined or punished; or ( b ) several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person who committed the offence must not be punished with a more severe punishment than the court which tries the person could award for any one of such offences. Illustrations ( a ) A gives Z 50 strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, A might be imprisoned for 50 years, one for each blow. But A is liable only to one punishment for the whole beating. ( b ) But if, while A is beating Z , Y interferes and A intentionally strikes Y , here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z , A is liable to one punishment for voluntarily causing hurt to Z , and to another for the blow given to Y .


document_id: cpc-2010
provision_ref: s309
chapter: PART 16 - SENTENCES
section: 309
title: Police supervision
content:
309. —(1) If a person who has been convicted in Singapore or elsewhere of an offence punishable with imprisonment for 2 years or more is convicted of another offence also punishable with imprisonment for 2 years or more, a court may, in addition to sentencing the person to any other punishment, order that the person be placed under police supervision for a period starting immediately after the last sentence passed on the person ends. (2) The period of supervision imposed by the General Division of the High Court, the District Court and the Magistrate’s Court under subsection (1) must not exceed 7 years, 5 years and 3 years, respectively. [40/2019]


document_id: cpc-2010
provision_ref: s310
chapter: PART 16 - SENTENCES
section: 310
title: Requirements from person subject to supervision
content:
310. —(1) Every person ordered to be placed under police supervision and who is at large in Singapore must — ( a ) personally present himself or herself and notify the place of his or her residence to the officer in charge of the police division in which his or her residence is situated; ( b ) where the person changes his or her residence, personally present himself or herself and notify the change of residence to the officer in charge of the police division in which his or her new residence is situated; ( c ) where the person changes his or her residence to a place outside Singapore, personally present himself or herself and notify the change of residence and the place to which he or she is going to reside to the officer in charge of the police division in which his or her last residence in Singapore is situated; ( d ) if, having changed his or her residence to a place outside Singapore, the person later returns to Singapore, personally present himself or herself and notify his or her return and his or her place of residence in Singapore to the officer in charge of the police division in which his or her residence in Singapore is situated; and ( e ) if the person intends to be absent from his or her last notified residence for more than 48 hours without changing his or her place of residence, personally present himself or herself and notify his or her intention, where he or she intends to go and how long he or she will be away to the officer in charge of the police division in which his or her residence is situated. (2) A person under police supervision must, at least once every 30 days, report personally at the time and place and to the police officer appointed by the Commissioner of Police, and such officer may on each occasion take or cause to be taken the fingerprints of the person reporting to the officer.


document_id: cpc-2010
provision_ref: s311
chapter: PART 16 - SENTENCES
section: 311
title: Penalty for non-compliance with section 310
content:
311. —(1) If any person subject to police supervision who is at large in Singapore — ( a ) remains in any place for 48 hours without personally presenting himself or herself and notifying the place of his or her residence to the officer in charge of the police division in which such place is situated; ( b ) fails to comply with the requirements of section 310 on the occasion of any change of residence; ( c ) is absent from his or her notified place of residence for more than 48 hours without having complied with the requirements of section 310(1)( e ); or ( d ) fails to comply with the requirements of section 310(2), the person shall in every such case, unless he or she proves to the satisfaction of the court before which he or she is tried that he or she did his or her best to act in conformity with the law, be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 12 months. (2) Where a court convicts a person of an offence under this section, the court may, in addition to sentencing the person to any other punishment, order that the person remain under police supervision for a further period of not more than one year, commencing immediately after the end of the sentence passed on the person by that court, or immediately after the end of the period of police supervision in respect of which the offence was committed, whichever is the later. (3) Where a person under police supervision is, while still subject to such supervision, sentenced to a term of imprisonment for any offence, then the period of supervision may exclude any term spent in prison.


document_id: cpc-2010
provision_ref: s312
chapter: PART 16 - SENTENCES
section: 312
title: Application of law to orders for police supervision made in Malaysia
content:
312. Sections 310 and 311 apply to every person who, by reason of an order made under the law for the time being in force in Malaysia or any State thereof, would be subject to the supervision of the police if the person were at large in Malaysia or that State, and who is at large in Singapore.


document_id: cpc-2010
provision_ref: s313
chapter: PART 16 - SENTENCES
section: 313
title: Provisions as to execution of sentences of death
content:
313. —(1) The following provisions apply to death sentences: ( a ) after sentence has been pronounced, a warrant under the seal of the court must be made out for the person sentenced to be committed to the custody of the Commissioner of Prisons in accordance with such prescribed form; ( b ) the warrant is full authority to the Commissioner of Prisons, or any officer appointed by the Commissioner of Prisons for that purpose, for receiving into his or her custody and detaining the person sentenced until he or she receives the court’s further warrant or order; ( c ) the trial Judge who tried the accused must, within a reasonable time after sentence has been pronounced, prepare a copy of the notes of evidence taken at the trial and a report in writing signed by the trial Judge stating whether, in his or her opinion, there is any reason (and, if so, particulars of the reason) why the death sentence should not be carried out; ( d ) the trial Judge must forward to the Court of Appeal the notes of evidence and report mentioned in paragraph ( c ), within a reasonable time after being notified by the Registrar of the Supreme Court that a notice of appeal has been given or petition for confirmation has been lodged, as the case may be; ( e ) if the Court of Appeal dismisses the appeal or confirms the imposition of the sentence of death, then the Chief Justice or other presiding Judge must, within a reasonable time, forward to the Minister the notes of evidence and report mentioned in paragraph ( c ), stating whether he or she agrees with the trial Judge, together with a notification of the decision of the Court of Appeal and also any report on the case that the Court of Appeal may think fit to make, signed by the Chief Justice or other presiding Judge; ( f ) the President must, acting in accordance with the Constitution — (i) transmit to the Court of Appeal a copy signed and sealed by the President of any order he or she makes; (ii) if the sentence is to be carried out, state the time and place of execution of the sentence in the order; and (iii) if the person sentenced is pardoned or the sentence is commuted to another punishment, state this in the order; ( g ) on receiving the copy of the President’s order the Court of Appeal must, if the sentence is to be carried out, cause a warrant to be issued under the seal of the Supreme Court and signed by the Chief Justice or other presiding Judge, or in the absence thereof any other Supreme Court Judge, setting out the time and place of execution as prescribed in the order of the President; ( h ) the President may, at any time before the warrant is carried out, order a respite of the execution of the warrant and afterwards appoint some other time or other place for its execution; ( i ) the warrant must be directed to the Commissioner of Prisons who must carry out the sentence in accordance with law; ( ia ) the warrant may be carried out unless — (i) the Court of Appeal has granted a stay of execution; (ii) there is an application for permission to apply for a stay of execution, or an application for a stay of execution, filed in the Court of Appeal and served on the Singapore Prison Service (unless any prescribed exemption from such service applies) in accordance with the regulations made under section 428; or (iii) the President has ordered a respite of the execution of the warrant pursuant to paragraph ( h ); [Act 41 of 2022 wef 28/06/2024] ( j ) there must be present at the execution of the sentence the superintendent of the prison, a medical officer of the prison, and any other prison officers that the Commissioner of Prisons requires; ( k ) there may also be present a minister of religion in attendance at the prison and any other persons that the Commissioner of Prisons thinks proper to admit; ( l ) immediately after the death sentence has been carried out, the medical officer of the prison present must examine the body of the person executed, ascertain the fact of death and sign a death certificate and deliver it to the Commissioner of Prisons; ( m ) within 24 hours after the execution, a Coroner must hold an inquiry as provided under the Coroners Act 2010 and satisfy himself or herself of the identity of the body and whether the sentence of death was duly carried out; ( n ) a copy of the Coroner’s findings must be forwarded to and filed in the Registry of the Supreme Court and another must be forwarded to and filed in the office of the Minister; ( o ) where a sentence of death is avoided by the escape of the person sentenced to death, the sentence must be carried out at such other time after the person’s recapture that the General Division of the High Court then orders; ( p ) no omission or error as to time and place and no defect in form in any order or warrant given under this section, and no omission to comply with paragraphs ( j ) to ( n ) may be held to make illegal any execution carried out or intended to have been carried out under the order or warrant or make illegal any execution that would otherwise have been legal. [Act 41 of 2022 wef 28/06/2024] (2) Despite subsection (1)( ia )(ii), the warrant may be carried out if — ( a ) the application mentioned in that provision has been filed by a PACP who had previously been found — (i) by the Court of Appeal to have abused the process of the court in relation to a relevant application that was filed on or after the date of commencement of the Post-appeal Applications in Capital Cases Act 2022; or (ii) by the Court of Appeal to have abused the process of the court in order to delay or frustrate the carrying out of the sentence of death in relation to an application (other than a relevant application) or an action that was filed on or after the date mentioned in sub-paragraph (i); and ( b ) the PACP does not have the permission of the Court of Appeal to make a PACC application under section 60G of the Supreme Court of Judicature Act 1969, or to make a review application under section 394H. [Act 41 of 2022 wef 28/06/2024] (3) In subsection (2), “PACC application”, “PACP” and “relevant application” have the meanings given by section 60F of the Supreme Court of Judicature Act 1969. [Act 41 of 2022 wef 28/06/2024]


document_id: cpc-2010
provision_ref: s314
chapter: PART 16 - SENTENCES
section: 314
title: No sentence of death against person below 18 years of age
content:
314. A sentence of death must not be passed or recorded against an accused convicted of an offence if the court has reason to believe that, at the time the offence was committed, the accused was below 18 years of age, but instead the court must sentence the accused to life imprisonment.


document_id: cpc-2010
provision_ref: s315
chapter: PART 16 - SENTENCES
section: 315
title: Sentence of death not to be passed on pregnant woman
content:
315. —(1) Where a woman convicted of an offence punishable with death alleges that she is pregnant, or where the court before whom a woman is so convicted thinks fit, the question whether or not the woman is pregnant must, before sentence is passed on her, be determined by the court. (2) If the court finds the woman pregnant, it must pass a sentence of life imprisonment on her. (3) If the court finds the woman not to be pregnant, she may appeal to the Court of Appeal against that finding in the manner set out under this Code. (4) On hearing the appeal mentioned in subsection (3), the Court of Appeal, if satisfied for any reason that the finding should be set aside, must set aside the sentence, and pass a sentence of life imprisonment.


document_id: cpc-2010
provision_ref: s316
chapter: PART 16 - SENTENCES
section: 316
title: Judgment of death
content:
316. Where any person is sentenced to death, the sentence must direct that the person must be hanged by the neck until the person is dead but must not state the place where nor the time when the sentence is to be carried out.


document_id: cpc-2010
provision_ref: s317
chapter: PART 16 - SENTENCES
section: 317
title: Sentences other than of death
content:
317. —(1) Where an accused is sentenced to imprisonment or to caning, the court must immediately forward a warrant (unless the accused is already confined in prison) stating the name of the accused and sentence to the Commissioner of Prisons or an officer appointed by the Commissioner for that purpose who must receive into his or her custody the person named in the warrant. [1/2014] (2) The warrant is full authority to the Commissioner of Prisons or the officer appointed by the Commissioner for receiving into custody and detaining the accused and carrying out the sentence. [1/2014]


document_id: cpc-2010
provision_ref: s318
chapter: PART 16 - SENTENCES
section: 318
title: Date that sentence begins
content:
318. —(1) Subject to this Code and any other written law, a sentence of imprisonment, corrective training or preventive detention takes effect beginning on the date it was passed, unless the court passing the sentence or, when there has been an appeal, the appellate court, otherwise directs. [19/2018; 14/2019] (1A) A sentence of reformative training takes effect beginning on the date it was passed or at such later date as the court may determine. [14/2019] (2) To avoid doubt, where a court has directed under subsection (1) that a sentence of imprisonment, corrective training or preventive detention is to take effect on a date later than the date the sentence was passed — ( a ) the court may under that subsection further direct that the sentence is to take effect on another date; and ( b ) the court may release the offender, during the period before the sentence is to take effect, on bail or on the offender’s personal bond. [19/2018; 14/2019] (3) To avoid doubt, a court may under subsection (1) direct that a sentence of imprisonment, corrective training or preventive detention is to take effect on a date earlier than the date the sentence is passed. [19/2018; 14/2019] (4) Where an offender has been remanded in custody, or remanded in a psychiatric institution (whether for observation or otherwise) under Division 5 of Part 13, for an offence, a court must consider directing that a sentence of imprisonment, corrective training or preventive detention, which is to be imposed for that offence, is to take effect on a date earlier than the date the sentence is passed. [19/2018; 14/2019] (5) Before directing the date on which a sentence of imprisonment, corrective training or preventive detention, which is to be imposed for an offence, is to take effect, a court must consider all the circumstances of the case, including the following matters: ( a ) the date on which the offender was arrested for the offence; ( b ) the length of the period (if any) during which the offender was remanded in custody in relation to the offence; ( c ) the length of the period (if any) during which the offender was remanded in a psychiatric institution (whether for observation or otherwise) under Division 5 of Part 13 in relation to the offence; ( d ) the length of the period (if any), after the offender was arrested for the offence, during which the offender was not in custody. [19/2018; 14/2019]


document_id: cpc-2010
provision_ref: s319
chapter: PART 16 - SENTENCES
section: 319
title: Provisions as to sentence of fine
content:
319. —(1) Where any fine is imposed and there is no express provision in the law relating to the fine, the following provisions apply: ( a ) if the maximum sum is not stated in the law, the fine to which the offender is liable is unlimited but must not be excessive; ( b ) the court which imposed the fine may choose to do all or any of the following things at any time before the fine is paid in full: (i) allow and extend time for its payment; (ii) direct that the fine be paid by instalments; (iii) order the attachment of any property, movable or immovable, belonging to the offender — (A) by seizure of such property which may be sold and the proceeds applied towards the payment of the fine; or (B) by appointing a receiver who is to be at liberty to take possession of and sell such property and apply the proceeds towards the payment of the fine; (iv) direct any person who owes money to the offender to pay the court the amount of that debt due or accruing or the amount that is sufficient to pay off the fine; (v) direct that in default of payment of the fine, the offender must suffer imprisonment for a certain term which must be consecutive with any other imprisonment to which the offender may be sentenced, including any other imprisonment term or terms imposed on the offender under this section in default of payment of fine, or to which the offender may be liable under a commutation of a sentence; (vi) direct that the person be searched, and that any money found on the person when so searched or which, in the event of his or her being committed to prison, may be found on him or her when taken to prison, is to be applied towards the payment of the fine, and the surplus (if any) being returned to him or her; provided that the money must not be so applied if the court is satisfied that the money does not belong to the person on whom it was found; ( c ) before allowing time for payment under paragraph ( b )(i) or directing payment by instalments under paragraph ( b )(ii), the court may require the offender to execute a bond with or without sureties on condition that the offender pay the fine or the instalments (as the case may be) on the day or days directed; and if the fine or any instalment is not paid as ordered, then the whole of the fine remaining unpaid becomes due and payable and the court may issue a warrant for the offender’s arrest; ( d ) the term for which the court directs the offender to be imprisoned in default of payment of a fine is to be as follows: (i) if the offence is punishable with imprisonment for a term of 24 months or more, it must not exceed one half of the maximum term of imprisonment fixed for the offence; (ii) if the offence is punishable with imprisonment for a term of less than 24 months, it must not exceed one third of the maximum term of imprisonment fixed for the offence; (iii) if the offence is not punishable with imprisonment, it must be 6 months or less; ( e ) the imprisonment that is imposed in default of payment of a fine may be additional to the sentence of imprisonment for the maximum term which the court may impose under section 303 provided that the total punishment of imprisonment passed on an offender at one trial does not exceed the limits prescribed by section 306; ( f ) the imprisonment imposed in default of payment of a fine ends when that fine is paid or levied by process of law, and the offender must be released from detention in prison as soon as reasonably practicable; [Act 32 of 2024 wef 25/11/2024] ( g ) if, before the end of the period of imprisonment imposed in default of payment of a fine, such a proportion of the fine is paid or levied that the term of imprisonment already suffered in default of payment is at least equivalent to the part of the fine still unpaid, then — (i) the imprisonment must end; and (ii) the offender must be released from detention in prison as soon as reasonably practicable; [Act 32 of 2024 wef 25/11/2024] ( h ) the fine or any part of it that remains unpaid may be levied at any time within 6 years after the passing of the sentence or, if under the sentence the offender is liable to imprisonment for a longer period than 6 years, then at any time before that period expires; and the offender’s death does not discharge from the liability any property that would after his or her death be legally liable for his or her debts; [Act 32 of 2024 wef 25/11/2024] ( i ) the fine must be paid using a designated mode of payment, and within a designated time, specified in a payment advice issued by the court to the offender. [33/2012] [Act 32 of 2024 wef 25/11/2024] (2) If a person fails to pay the court the amount which the person is directed to pay under subsection (1)( b )(iv), it is recoverable as though it were a judgment debt due to the court. [33/2012] (3) Any person may, not later than 7 days after the date of the seizure of any property under subsection (1)( b )(iii)(A) or the taking of possession of any property by the receiver under subsection (1)( b )(iii)(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 (1)( b )(iii) and the court must make such order as it sees fit. [33/2012]


document_id: cpc-2010
provision_ref: s320
chapter: PART 16 - SENTENCES
section: 320
title: Suspension of execution in certain cases
content:
320. —(1) Where an offender has been sentenced to a fine only and to imprisonment in default of payment of the fine and the court issues an order of attachment under section 319(1)( b )(iii), it may suspend the sentence of imprisonment and may release the offender on the offender’s executing a bond with or without sureties, as the court thinks fit, on condition that the offender appear before that court on the day appointed for the return of the order of attachment. (2) The day appointed under subsection (1) must not be more than 15 days from the time of executing the bond. (3) If the fine has not been paid, the court may direct the sentence of imprisonment to be carried out at once.


document_id: cpc-2010
provision_ref: s321
chapter: PART 16 - SENTENCES
section: 321
title: Who may issue warrant
content:
321. A warrant for the execution of any sentence, including an order of attachment of property, may be issued either by the Judge, District Judge or Magistrate who passed the sentence or by his or her successor or other Judge, District Judge or Magistrate acting in his or her place.


document_id: cpc-2010
provision_ref: s322
chapter: PART 16 - SENTENCES
section: 322
title: Commencement of sentence of imprisonment on prisoner already undergoing imprisonment
content:
322. —(1) Where a person who is an escaped convict or is undergoing a sentence of imprisonment is sentenced again to imprisonment, the latter sentence of imprisonment must begin either immediately or at the end of the imprisonment to which the person was previously sentenced, as the court awarding the sentence directs. (2) A death sentence must be carried out despite a pending sentence of imprisonment. (3) Nothing in subsection (1) may be held to excuse a person from any part of the punishment to which the person is liable upon the person’s former or subsequent conviction.


document_id: cpc-2010
provision_ref: s323
chapter: PART 16 - SENTENCES
section: 323
title: Juvenile may be dealt with under Children and Young Persons Act 1993
content:
323. If a juvenile is convicted of an offence punishable by fine or imprisonment or both, and whether or not the law under which the juvenile is convicted provides that fine or imprisonment or both shall be imposed, the court may, instead of sentencing him or her to fine or imprisonment, deal with the juvenile in the manner provided by the Children and Young Persons Act 1993.


document_id: cpc-2010
provision_ref: s324
chapter: PART 16 - SENTENCES
section: 324
title: Return of warrant of execution
content:
324. Where a death sentence has been carried out pursuant to a warrant issued under section 313(1)( i ), the Commissioner of Prisons who carried out the sentence must return the warrant to the court which issued it with an endorsement signed by the Commissioner, certifying that the sentence has been carried out. [1/2014] [Act 41 of 2022 wef 28/06/2024] Division 2 &#x2014; Sentence of caning


document_id: cpc-2010
provision_ref: s325
chapter: PART 16 - SENTENCES
section: 325
title: Execution of sentence of caning forbidden in certain cases
content:
325. —(1) The following persons shall not be punished with caning: ( a ) women; ( b ) men who are more than 50 years of age at the time of infliction of the caning; ( c ) men sentenced to death whose sentences have not been commuted. (2) Subject to any other written law, if a person is convicted of one or more offences punishable with caning (called in this section the relevant offences) but the person cannot be caned because subsection (1)( a ) or ( b ) applies, the court may, in addition to any other punishment to which that person has been sentenced, impose a term of imprisonment of not more than 12 months in lieu of the caning which it could, but for this section, have ordered in respect of the relevant offences. (3) A court may impose a term of imprisonment under subsection (2) even though the aggregate of such term and the imprisonment term imposed for any of the relevant offences exceeds the maximum term of imprisonment prescribed for any of those offences. (4) A Magistrate’s Court or District Court may impose a term of imprisonment under subsection (2) even though the aggregate sentence of imprisonment (comprising the term of imprisonment imposed under subsection (2) and the combined terms of imprisonment imposed by the court in respect of the relevant offences) exceeds the limits prescribed by section 306. (5) The power of a court to impose the additional term of imprisonment under subsection (2) does not apply in relation to any offence which is committed before 2 January 2011.


document_id: cpc-2010
provision_ref: s326
chapter: PART 16 - SENTENCES
section: 326
title: Place for executing sentence of caning
content:
326. Where a person is sentenced to caning only or where the sentence of caning cannot reasonably be carried out before the release of the person under any sentence of imprisonment, the court must, on the application of the Public Prosecutor, authorise the detention of the person for as long as is reasonably necessary for carrying out the sentence of caning at the place and time that the court directs.


document_id: cpc-2010
provision_ref: s327
chapter: PART 16 - SENTENCES
section: 327
title: Time of executing sentence of caning
content:
327. —(1) Where an accused is sentenced to caning in addition to imprisonment, the caning must not be inflicted — ( a ) until after the expiry of the time within which notice of appeal may be given under this Code, or any extension of time which may be permitted under this Code; or ( b ) if notice is so given, until after the determination of the appeal. (2) The caning must be inflicted as soon as practicable after the time prescribed in subsection (1) has expired.


document_id: cpc-2010
provision_ref: s328
chapter: PART 16 - SENTENCES
section: 328
title: Limit on number of strokes
content:
328. —(1) Despite any provision of this Code or any other law to the contrary, where an accused is sentenced at the same sitting for 2 or more offences punishable by caning (called in this section the relevant offences), the aggregate sentence of caning imposed by the court in respect of the relevant offences must not exceed the specified limit. (2) Subject to any other written law, where an accused would but for subsection (1) have been sentenced to an aggregate sentence of caning which exceeds the specified limit, the court may impose a term of imprisonment of not more than 12 months in lieu of all such strokes which exceed the specified limit. (3) A court may impose a term of imprisonment under subsection (2) even though the aggregate of such term and the imprisonment term imposed for any of the relevant offences exceeds the maximum term of imprisonment prescribed for any of the relevant offences. (4) A Magistrate’s Court or District Court may impose a term of imprisonment under subsection (2) even though the aggregate sentence of imprisonment (comprising the term of imprisonment imposed under subsection (2) and the combined terms of imprisonment imposed by the court in respect of the relevant offences) exceeds the limits prescribed by section 306. (5) The power of a court to impose the additional term of imprisonment under subsection (2) does not apply in relation to any offence which is committed before 2 January 2011. (6) In this section, the specified limit is 24 strokes in the case of an adult and 10 strokes in the case of a juvenile.


document_id: cpc-2010
provision_ref: s329
chapter: PART 16 - SENTENCES
section: 329
title: Mode of executing sentence of caning
content:
329. —(1) The Minister may make rules to prescribe the mode of carrying out the sentence of caning. (2) Caning is to be inflicted on such part of the person as the Minister from time to time generally directs. (3) The rattan must not be more than 1.27 centimetres in diameter. (4) In the case of a juvenile, caning is to be inflicted with a light rattan.


document_id: cpc-2010
provision_ref: s330
chapter: PART 16 - SENTENCES
section: 330
title: Caning not to be carried out by instalments
content:
330. —(1) A sentence of caning must not be executed in instalments. (2) The maximum number of strokes of the cane that can be inflicted on the offender at any one time is 24 strokes for an adult and 10 strokes in the case of a juvenile.


document_id: cpc-2010
provision_ref: s331
chapter: PART 16 - SENTENCES
section: 331
title: Medical officer’s certificate required
content:
331. —(1) The punishment of caning may be inflicted only if a medical officer is present and certifies that the offender is in a fit state of health to undergo such punishment. (2) If, during the execution of a sentence of caning, the medical officer certifies that the offender is not in a fit state of health to undergo the rest of the sentence, the caning must be stopped.


document_id: cpc-2010
provision_ref: s332
chapter: PART 16 - SENTENCES
section: 332
title: Procedure if punishment cannot be inflicted under section 331
content:
332. —(1) Where a sentence of caning is wholly or partially prevented from being carried out under section 331, the offender must be kept in custody until the court that passed the sentence can revise it. (2) Subject to any other written law, that court may — ( a ) remit the sentence; or ( b ) sentence the offender instead of caning, or instead of as much of the sentence of caning as was not carried out, to imprisonment of not more than 12 months, which may be in addition to any other punishment to which the offender has been sentenced for the offence or offences in respect of which the court has imposed caning (called in this section the relevant offences). [Act 31 of 2023 wef 31/12/2024] (3) A court may impose a term of imprisonment under subsection (2)( b ) even though the aggregate of such term and the imprisonment term imposed for any of the relevant offences exceeds the maximum term of imprisonment prescribed for any of those offences. (4) A Magistrate’s Court or District Court may impose a term of imprisonment under subsection (2)( b ) even though the aggregate sentence of imprisonment (comprising the term of imprisonment imposed under subsection (2)( b ) and the combined terms of imprisonment imposed by the court in respect of the relevant offences) exceeds the limits prescribed by section 306. (5) The power of a court to impose the additional term of imprisonment under subsection (2)( b ) does not apply in relation to any offence which is committed before 2 January 2011. Division 3 &#x2014; Suspensions, remissions and
commutations of sentences


document_id: cpc-2010
provision_ref: s333
chapter: PART 16 - SENTENCES
section: 333
title: Power to pardon, suspend or remit sentence, etc.
content:
333. —(1) Where a person has been sentenced to punishment for an offence, the President, acting in accordance with the Constitution, may grant a pardon, reprieve or respite, on such conditions as the President thinks fit, of the execution of the sentence, or remit the whole or any part of the sentence or any penalty or forfeiture imposed by law. (2) Where an application is made to the President for any of the reliefs mentioned in subsection (1), the President — ( a ) in the case of a sentence of death, must act in accordance with Article 22P(2) of the Constitution; or ( b ) may in any other case, require the presiding judge of the court before or by which the person is convicted to state his or her opinion as to whether the application should be granted or refused, and the judge must state his or her opinion accordingly. (3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the President, not fulfilled, the President may cancel the suspension or remission, and upon the cancellation, the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by a police officer without warrant and remanded to undergo the unexpired portion of the sentence. (4) Subsection (3) does not apply to a sentence of death.


document_id: cpc-2010
provision_ref: s334
chapter: PART 16 - SENTENCES
section: 334
title: Power to commute punishment
content:
334. The President may — ( a ) commute a sentence of death for a sentence of imprisonment or fine or both; or ( b ) commute a sentence of imprisonment for a sentence of fine.


document_id: cpc-2010
provision_ref: s335
chapter: PART 17 - COMMUNITY SENTENCES
section: 335
title: Interpretation of this Part
content:
335. In this Part — “appointed psychiatrist” means any psychiatrist appointed under section 339(13); “community service officer” means any person appointed as a community service officer under section 346(9)( a ); “community work officer” means any person appointed as a community work officer under section 344(10); “day reporting centre” means any place as may be designated by the Minister charged with the responsibility for home affairs as a day reporting centre under section 341(8); “day reporting officer” means any person appointed as a day reporting officer under section 341(7); “psychiatrist” means any medical practitioner who is registered as a psychiatrist in the Register of Specialists under the Medical Registration Act 1997.


document_id: cpc-2010
provision_ref: s336
chapter: PART 17 - COMMUNITY SENTENCES
section: 336
title: Meaning of “community order” and “community sentence”
content:
336. —(1) In this Part, “community order” means any of the following orders: ( a ) a mandatory treatment order; ( b ) a day reporting order; ( c ) a community work order; ( d ) a community service order; ( e ) a short detention order. (2) In this Part, “community sentence” means a sentence which consists of one or more community orders made by a court at the same court proceeding.


document_id: cpc-2010
provision_ref: s337
chapter: PART 17 - COMMUNITY SENTENCES
section: 337
title: Community orders
content:
337. —(1) Subject to subsections (2) and (3), a court must not exercise any of its powers under this Part to make any community order in respect of — ( a ) an offence for which the sentence is fixed by law; ( b ) an offence for which any of the following is prescribed by law: (i) a specified minimum sentence of imprisonment or caning; (ii) a mandatory minimum sentence of imprisonment, fine or caning; ( c ) an offence which is specified in the Third Schedule to the Registration of Criminals Act 1949; ( d ) a person who had previously been sentenced to a term of imprisonment exceeding 3 months, other than a term of imprisonment served by him or her in default of payment of a fine; ( e ) a person who had previously been sentenced to corrective training or preventive detention; ( f ) a person who had previously been detained or subject to police supervision under section 30(1) of the Criminal Law (Temporary Provisions) Act 1955; ( g ) a person who has been admitted — (i) at least twice to an approved institution under section 34 of the Misuse of Drugs Act 1973 (called in this section an approved institution); (ii) at least twice to an approved centre under section 17 of the Intoxicating Substances Act 1987 (called in this section an approved centre); or (iii) at least once to an approved institution, and at least once to an approved centre; ( ga ) an offence under the Misuse of Drugs Act 1973, the Misuse of Drugs Regulations or the Intoxicating Substances Act 1987, if the offender had previously been admitted to an approved institution or an approved centre; ( h ) a fine-only offence; or ( i ) an offence which is punishable with a term of imprisonment which exceeds 3 years. [12/2018; 19/2018] (2) A court may not make a mandatory treatment order in respect of any case referred to in subsection (1) except that it may do so under section 339 even if the offender — ( a ) is a person mentioned in subsection (1)( d ) or ( g ); ( b ) is convicted of an offence under the Misuse of Drugs Act 1973, the Misuse of Drugs Regulations or the Intoxicating Substances Act 1987, after having previously been admitted to an approved institution or an approved centre; or ( c ) is convicted of an offence that is punishable with imprisonment for a term exceeding 3 years but not exceeding 7 years, and is prescribed. [19/2018] (3) A court may not make a community work order in respect of any case referred to in subsection (1) except that it may do so under section 344 even if the offender is convicted of –– ( a ) a fine-only offence; or ( b ) an offence for which a mandatory minimum sentence of fine is prescribed by law. [19/2018] (4) If an offender convicted of 2 or more offences is sentenced at the same court proceeding for those offences, a court must not pass a community sentence if any of those offences relate to an offence in respect of which the powers to make community orders conferred by this Part cannot be exercised by the court. (5) Subject to section 344(11)( b ), a community sentence passed by a court in respect of any offence is in lieu of any sentence of imprisonment, caning and fine which the court may impose for that offence. (6) Despite subsection (5), before a court passes a community sentence in respect of any offence, the court may — ( a ) impose on the offender any sentence of imprisonment that is provided for that offence; and ( b ) suspend, for the period when any community order made in respect of that offence is in force, the sentence of imprisonment that is imposed for that offence. [19/2018] (7) Where the court sentences an offender under subsection (6)( a ) to imprisonment for at least 3 distinct offences, the court must, in accordance with section 307(1), order the sentences for at least 2 of those offences to run consecutively, before the court — ( a ) passes a community sentence in respect of all of those offences; and ( b ) suspends under subsection (6)( b ) all of those sentences of imprisonment. [19/2018] (8) Subject to subsection (7), where the court sentences an offender under subsection (6)( a ) to imprisonment for 2 or more distinct offences, the court may, in accordance with section 306, direct the sentences for those offences to run consecutively or concurrently, before the court — ( a ) passes a community sentence in respect of all of those offences; and ( b ) suspends under subsection (6)( b ) all of those sentences of imprisonment. [19/2018] (9) Where a sentence of imprisonment imposed on an offender for an offence is suspended under subsection (6)( b ) for the period when a community order made in respect of that offence is in force, the court must lift the suspension and direct that the sentence of imprisonment be carried out, if that community order is revoked under section 352(5)( c ) or 354(6)( a ) or (7)( a ). [19/2018] (10) Despite section 377(2), where — ( a ) a court directs under subsection (9) that a sentence of imprisonment, which was suspended under subsection (6)( b ), be carried out; and ( b ) no notice of appeal was lodged by any party against the sentence of imprisonment when the sentence was imposed under subsection (6)( a ), a party who is not satisfied with the sentence of imprisonment may lodge with the Registrar of the Supreme Court (if the sentence was imposed by the General Division of the High Court) or the Registrar of the State Courts (if the sentence was imposed by a State Court) a notice of appeal against the sentence of imprisonment within 14 days after the date of the court’s direction under subsection (9). [19/2018; 40/2019] (11) Except as provided in subsection (10), Division 1 of Part 20 applies to an appeal commenced under that subsection as if the notice of appeal had been lodged in accordance with section 377(2). [19/2018]


document_id: cpc-2010
provision_ref: s338
chapter: PART 17 - COMMUNITY SENTENCES
section: 338
title: Combination of community orders
content:
338. A court may make a community order in respect of one or more offences or it may make one or more community orders in respect of one offence.


document_id: cpc-2010
provision_ref: s339
chapter: PART 17 - COMMUNITY SENTENCES
section: 339
title: Mandatory treatment orders
content:
339. —(1) Subject to subsections (2), (3) and (4), where an offender is convicted of an offence, and if the court by or before which the offender is convicted is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may make a mandatory treatment order requiring the offender to undergo psychiatric treatment for a period not exceeding 36 months. [19/2018] (1A) A mandatory treatment order may also require an offender to reside in a psychiatric institution during the whole or a specified part of the period that the offender is required to undergo psychiatric treatment. [19/2018] (2) Before making a mandatory treatment order, the court must call for a report to be submitted by an appointed psychiatrist. (3) A court may make a mandatory treatment order in respect of an offender only if the report submitted by an appointed psychiatrist states that — ( a ) the offender is suffering from a psychiatric condition which is susceptible to treatment; ( b ) the offender is suitable for the treatment; and ( c ) the psychiatric condition of the offender is one of the contributing factors for his or her committing the offence. (4) A court must not make a mandatory treatment order in respect of an offender if the report submitted by the appointed psychiatrist states that the appointed psychiatrist is not satisfied with any of the matters referred to in subsection (3)( a ) to ( c ). (4A) A court may include the requirement mentioned in subsection (1A) in a mandatory treatment order only upon the recommendation of the appointed psychiatrist. [19/2018] (5) In assessing whether an offender is a person suitable for treatment for his or her psychiatric condition, the appointed psychiatrist may take into account the following factors: ( a ) whether the offender is likely to attend the treatment sessions on such day and at such time and place as the appointed psychiatrist may require; ( b ) the physical and mental state of the offender; ( c ) the financial standing of the offender and his or her ability to pay all or any part of the costs of his or her treatment which it is reasonable for him or her to pay. (6) For the purpose of obtaining the report from an appointed psychiatrist, a court may order that an offender — ( a ) be remanded for observation in a psychiatric institution for a period or periods, not exceeding 3 weeks in the case of any single period, as the court thinks necessary to enable the report to be submitted by the appointed psychiatrist; or ( b ) attend at a psychiatric institution for assessment to enable the report to be submitted by the appointed psychiatrist. (7) An offender may, no later than 3 weeks from the date the court has called for a report from an appointed psychiatrist, or at such other time as the court may allow, submit to the appointed psychiatrist any report made by a psychiatrist engaged by the offender. (8) Before making any report, the appointed psychiatrist must take into consideration the report made by the psychiatrist engaged by the offender. (9) Any report made by the appointed psychiatrist is taken to be final and conclusive as to the matters referred to in subsection (3)( a ), ( b ) and ( c ). (10) A court may impose such conditions as it thinks fit when making a mandatory treatment order. (11) Before making a mandatory treatment order, the court must also explain to the offender in ordinary language — ( a ) the purpose and effect of the order (and in particular the obligations of the offender as specified in section 340); ( b ) the consequences which may follow if the offender fails to comply with any of those obligations, or any conditions imposed by the court under subsection (10); and ( c ) that the court has the power, under section 351, to vary or revoke the order on the application of the appointed psychiatrist. (12) The court must extend a copy of any report made by an appointed psychiatrist to the offender or the offender’s advocate and to the Public Prosecutor. (13) The Director-General of Health may appoint any psychiatrist to be an appointed psychiatrist for the purposes of this section. [Act 11 of 2023 wef 01/05/2023] (14) The Minister charged with the responsibility for health may make regulations in relation to the treatment of a person subject to a mandatory treatment order.


document_id: cpc-2010
provision_ref: s340
chapter: PART 17 - COMMUNITY SENTENCES
section: 340
title: Obligations of offender subject to mandatory treatment order
content:
340. An offender in respect of whom a mandatory treatment order is in force must — ( a ) attend the treatment sessions on such day and at such time and place as the appointed psychiatrist may require; ( b ) comply with such other conditions in connection with his or her treatment as the appointed psychiatrist may require; and ( c ) comply with such other conditions which a court may impose under section 339(10).


document_id: cpc-2010
provision_ref: s341
chapter: PART 17 - COMMUNITY SENTENCES
section: 341
title: Day reporting orders
content:
341. —(1) Subject to subsection (2), where an offender who is 16 years of age or above is convicted of an offence, and if the court by or before which he or she is convicted is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may make a day reporting order requiring the offender to report to a day reporting officer at any day reporting centre. (2) A court must, before making a day reporting order, call for a report from a day reporting officer regarding the susceptibility of the offender convicted of an offence to counselling and rehabilitation under the supervision of a day reporting officer. (3) To avoid doubt, a court may make a day reporting order even though the report from the day reporting officer states that the offender in respect of whom the day reporting order is to be made is not susceptible to counselling and rehabilitation under the supervision of a day reporting officer. (4) The period during which an offender may be required to report to a reporting centre under a day reporting order shall be specified in the order and must — ( a ) not be less than 3 months; and ( b ) not be more than 12 months. (5) A court may impose such conditions as it thinks fit when making a day reporting order. (6) Before making a day reporting order, the court must explain to the offender in ordinary language — ( a ) the purpose and effect of the order (and in particular the obligations of the offender as specified in section 343); ( b ) the consequences which may follow if the offender fails to comply with any of those obligations, or any conditions imposed by the court under subsection (5); and ( c ) that the court has the power, under section 351, to vary or revoke the order on the application of the day reporting officer. (7) The Commissioner of Prisons may appoint any person to be a day reporting officer for the purposes of this section. [1/2014] (8) The Minister charged with the responsibility for home affairs may designate any place as a day reporting centre.


document_id: cpc-2010
provision_ref: s342
chapter: PART 17 - COMMUNITY SENTENCES
section: 342
title: Electronic monitoring of offender subject to day reporting order
content:
342. —(1) Subject to subsection (2), a day reporting order may in addition include requirements for securing the electronic monitoring of the whereabouts of an offender subject to the order during the period when the order is in force against the offender. (2) A court must not make a day reporting order which includes the requirements mentioned in subsection (1) unless the court is satisfied that electronic monitoring arrangements can be made by the day reporting officer. (3) Electronic monitoring arrangements made under this section may include entering into contracts with other persons for the electronic monitoring by them of the whereabouts of the offender.


document_id: cpc-2010
provision_ref: s343
chapter: PART 17 - COMMUNITY SENTENCES
section: 343
title: Obligations of offender subject to day reporting order
content:
343. An offender in respect of whom a day reporting order is in force must — ( a ) report to the day reporting officer on such day and at such time and reporting centre as the day reporting officer may require; ( b ) undergo such counselling and rehabilitation programme as the day reporting officer may require; ( c ) notify the day reporting officer of any change in the offender’s address or employment status; ( d ) give to the day reporting officer, upon the request of that officer, any information relating to the offender’s daily routine or whereabouts; ( e ) comply with the requirements mentioned in section 342(1), if any; ( f ) not assault, threaten, insult or use abusive language to a day reporting officer; and ( g ) comply with such other conditions which a court may impose under section 341(5).


document_id: cpc-2010
provision_ref: s344
chapter: PART 17 - COMMUNITY SENTENCES
section: 344
title: Community work orders
content:
344. —(1) This section, and the other provisions in this Part, apply to any offence under any Act or subsidiary legislation which is prescribed under subsection (2). (2) The Minister responsible for the administration of any Act (or any part thereof) or any subsidiary legislation may prescribe any offence under that Act (or any part thereof) or subsidiary legislation to be an offence to which this section and the other provisions in this Part apply. (3) Subject to subsection (5), where an offender who is 16 years of age or above is convicted of an offence prescribed under subsection (2), and if the court by or before which he or she is convicted is satisfied that it is expedient with a view to the offender’s reformation that the offender be required to perform community work that is associated with that offence, the court may make a community work order requiring the offender to perform any unpaid community work under the supervision of a community work officer. (4) For the purposes of subsection (3), community work is associated with an offence if the performance of that work will promote in the offender a sense of responsibility for, and an acknowledgment of, the harm that he or she has done by committing that offence. (5) A court must not make a community work order in respect of an offender unless the court is satisfied that suitable arrangements can be made for the offender to perform work under such order. (6) The number of hours which an offender may be required to work under a community work order must be specified in the order and must not exceed the prescribed maximum hours of community work which the offender may be required to perform under that order. (7) A court may impose such conditions as it thinks fit when making a community work order. (8) Before making a community work order, the court must explain to the offender in ordinary language — ( a ) the purpose and effect of the order (and in particular the obligations of the offender as specified in section 345); ( b ) the consequences which may follow if the offender fails to comply with any of those obligations, or any conditions imposed by the court under subsection (7); and ( c ) that the court has the power, under section 351, to vary or revoke the order on the application of the community work officer. (9) Where a court makes community work orders in respect of 2 or more offences of which an offender has been convicted by or before the court, the court may direct that the hours of work specified in any of those orders be concurrent with or additional to the hours specified in any of those orders, but so that the total number of hours which are not concurrent does not exceed the maximum hours of community work which the offender may be required to perform under any one of those orders. (10) Where any offence under any Act or subsidiary legislation is prescribed by a Minister under subsection (2), that Minister, or any public body under the charge of that Minister and with the Minister’s approval, may appoint any person to be a community work officer for the purpose of supervising the performance of work which an offender may be required to perform under a community work order made in relation to the offence prescribed under that subsection. (11) Where any offence under any Act or subsidiary legislation is prescribed by a Minister under subsection (2), that Minister, or any public authority constituted by any written law under the charge of that Minister and with the Minister’s approval, may — ( a ) prescribe the minimum and maximum hours of community work which an offender may be required to work under a community work order made in relation to the offence prescribed under that subsection; ( b ) make provisions to allow a court, in a case where the offence prescribed under subsection (2) is punishable with a sentence of fine, to make a community work order which shall be in addition to, or in lieu of, the sentence of fine for that offence; and ( c ) make regulations, not inconsistent with the provisions of this Part, to make further provisions for the manner in which a community work order may be carried out by an offender who may be required to work under the order made in relation to the offence prescribed under that subsection (including the imposition of additional requirements and the service of any instructions or notice on an offender in respect of whom such an order has been made). (12) If, in respect of any offence — ( a ) a court sentences the offender to a fine in addition to making a community work order; and ( b ) the offender defaults on the payment of the whole or any part of the fine, the offender must serve the sentence under the community work order, unless it is earlier revoked, before serving any sentence of imprisonment in default of payment of the fine.


document_id: cpc-2010
provision_ref: s345
chapter: PART 17 - COMMUNITY SENTENCES
section: 345
title: Obligations of offender subject to community work order
content:
345. An offender in respect of whom a community work order is in force must — ( a ) perform, for the number of hours specified in the order, such work and on such day and at such time and place as the community work officer may require; ( b ) notify the community work officer of any change of the offender’s address; ( c ) perform the community work in a satisfactory manner; ( d ) not disturb or interfere with any other person participating in or doing anything under a community work order; ( e ) not assault, threaten, insult or use abusive language to a community work officer; ( f ) comply with such other conditions which a court may impose under section 344(7); and ( g ) comply with any regulations made under section 344(11)( c ).


document_id: cpc-2010
provision_ref: s346
chapter: PART 17 - COMMUNITY SENTENCES
section: 346
title: Community service orders
content:
346. —(1) Subject to subsection (2), where an offender who is 16 years of age or above is convicted of an offence, and if the court by or before which he or she is convicted is satisfied that it is expedient with a view to the offender’s reformation that the offender makes amends to the community for the offence by performing such work as is specified in the Fifth Schedule, the court may make a community service order requiring the offender to perform any unpaid community service under the supervision of a community service officer. (2) A court must not make a community service order in respect of an offender unless the court is satisfied that — ( a ) based on the mental and physical condition of the offender, he or she is a suitable person to perform community service under such an order; and ( b ) suitable arrangements can be made for the offender to perform community service under such order. (3) A court must, before making a community service order, call for a report from a community service officer regarding the suitability of an offender to perform community service under that order. (4) To avoid doubt, a court may make a community service order even though the report from the community service officer states that the offender in respect of whom the community service order is to be made is not suitable to perform community service under that order. (5) The number of hours which an offender has to perform community service under a community service order must be specified in the order and must not exceed the prescribed maximum hours of community service which the offender may be required to perform under that order. (6) A court may impose such conditions as it thinks fit when making a community service order. (7) Before making a community service order, the court must explain to the offender in ordinary language — ( a ) the purpose and effect of the order (and in particular the obligations of the offender as specified in section 347); ( b ) the consequences which may follow if the offender fails to comply with any of those obligations, or any conditions imposed by the court under subsection (6); and ( c ) that the court has the power, under section 351, to vary or revoke the order on the application of the community service officer. (8) Where a court makes community service orders in respect of 2 or more offences of which the offender has been convicted by or before the court, the court may direct that the hours of community service specified in any of those orders be concurrent with or additional to the hours specified in any of those orders, but so that the total number of hours which are not concurrent does not exceed the maximum hours of community service which the offender may be required to perform under any one of those orders. (9) The Minister charged with the responsibility for the probation of offenders may — ( a ) appoint any person to be a community service officer for the purposes of this section; ( b ) prescribe the minimum and maximum hours of community service which an offender is required to perform under a community service order; and ( c ) make regulations, not inconsistent with the provisions of this Part, to make further provisions for the manner in which a community service order may be performed including the imposition of additional requirements and the service of any instructions or notice on an offender in respect of whom such an order has been made. [25/2012]


document_id: cpc-2010
provision_ref: s347
chapter: PART 17 - COMMUNITY SENTENCES
section: 347
title: Obligations of offender subject to community service order
content:
347. An offender in respect of whom a community service order is in force must — ( a ) perform, for the number of hours specified in the order, such community service and on such day and at such time and place as the community service officer may require; ( b ) notify the community service officer of any change of the offender’s address or occupation; ( c ) perform the community service in a satisfactory manner; ( d ) not disturb or interfere with any other person participating in or doing anything under a community service order; ( e ) not assault, threaten, insult or use abusive language to a community service officer; ( f ) comply with such other conditions which a court may impose under section 346(6); and ( g ) comply with any regulations made under section 346(9)( c ).


document_id: cpc-2010
provision_ref: s348
chapter: PART 17 - COMMUNITY SENTENCES
section: 348
title: Short detention orders
content:
348. —(1) Where an offender who is 16 years of age or above is convicted of an offence, and if the court by or before which he or she is convicted is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may make a short detention order requiring the offender to be detained in prison for a period which must not exceed 14 days. (2) Sections 317 and 318 apply to a short detention order as if the order were a sentence of imprisonment passed by the court.


document_id: cpc-2010
provision_ref: s349
chapter: PART 17 - COMMUNITY SENTENCES
section: 349
title: Taking of security
content:
349. —(1) A court making any community order (other than a short detention order) under this Part may require the offender subject to the order, or any other person, to furnish such security or to give such undertaking as the court thinks fit in order to ensure that the offender subject to the order complies with the order. (2) Any security must be given in such form and manner as the court may determine and may be by bond, guarantee, cash deposit or any other method, or by any 2 or more different methods. (3) Where a security bond is furnished under this section, the offender subject to the community order or any other person furnishing the security bond (as the case may be) must comply with the conditions specified in the security bond.


document_id: cpc-2010
provision_ref: s350
chapter: PART 17 - COMMUNITY SENTENCES
section: 350
title: Forfeiture of security
content:
350. —(1) If the court is satisfied that the offender subject to a community order or any other person furnishing the security bond (as the case may be) has failed to comply with any condition specified in respect of any security bond furnished under section 349, the court may direct the forfeiture of the security or any part thereof. (2) The forfeiture of any security under this section does not prejudice the taking of proceedings against any person under this Part. (3) Notice of the forfeiture of any security or any part thereof must be given to the offender subject to a community order or any other person furnishing the security bond, as the case may be. (4) It is sufficient if the notice under subsection (3) is sent by registered post to the last known address of the offender subject to the community order or the other person, as the case may be.


document_id: cpc-2010
provision_ref: s351
chapter: PART 17 - COMMUNITY SENTENCES
section: 351
title: Variation and revocation of community orders on grounds other than breach thereof
content:
351. —(1) Where a mandatory treatment order, day reporting order, community work order or community service order is in force in respect of an offender, a court may, on the application of the appointed psychiatrist, day reporting officer, community work officer or community service officer, respectively — ( a ) vary the order (including reducing or extending the period that the offender has to undergo psychiatric treatment, report to a day reporting officer or perform community work or community service) or the conditions or obligations thereof in such manner as the court thinks just and expedient in the circumstances; or ( b ) taking into account the extent to which the offender has complied with the order, revoke the order and impose such sentence which is provided for the offence or offences in respect of which the order has been made. (2) Where a court varies a mandatory treatment order under subsection (1)( a ) by extending the period the offender has to undergo psychiatric treatment under the order, the period so extended must not exceed 24 months from the date the order is first in force. (3) Where a court varies a day reporting order under subsection (1)( a ) by extending the period the offender has to report to a day reporting officer under the order, the period so extended must not exceed 12 months from the date the order is first in force. (4) Where a court varies a community work order under subsection (1)( a ) by extending the number of hours the offender has to perform community work under the order, the number of hours so extended must not exceed the prescribed maximum hours of community work which the offender may be required to work under that order. (5) Where a court varies a community service order under subsection (1)( a ) by extending the period the offender is required to perform community service under the order, the period so extended must not exceed the prescribed maximum hours of community service which the offender may be required to perform under that order. (6) Where any application is made under subsection (1), the court may fix a hearing date to determine whether or not to vary or revoke the community order referred to in that subsection and may at any time — ( a ) issue a summons directing the offender subject to the community order to appear before the court on a date and at a time specified in the summons; or ( b ) where the court is satisfied that the offender may not appear, issue a warrant for the arrest of the offender. (7) Where an offender served with a summons issued under subsection (6)( a ) fails to attend before the court, the court may issue a warrant for the arrest of the offender. (8) The court may vary or revoke a mandatory treatment order under subsection (1) on any of the following grounds: ( a ) there has been a change of circumstances since the order was made that would justify the variation or revocation of the order; ( b ) that in view of the progress the offender has made in the treatment, such variation or revocation is warranted. (9) The court may vary or revoke a day reporting order, community work order or community service order under subsection (1) if such variation or revocation is justified by any change of circumstances since the order was made, or by the conduct of the offender who is subject to the order.


document_id: cpc-2010
provision_ref: s352
chapter: PART 17 - COMMUNITY SENTENCES
section: 352
title: Breach of community orders
content:
352. —(1) An offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order if he or she, without reasonable excuse, fails to comply with any of his or her obligations under section 340, 343, 345 or 347, respectively. (2) An offender is in breach of a short detention order if he or she commits an aggravated prison offence as defined in section 73 of the Prisons Act 1933 when there is in force in respect of him or her a short detention order. (3) Where a court receives information from an appointed psychiatrist, a day reporting officer, a community work officer or a community service officer that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order, respectively, is in force, is in breach of the respective order, the court may fix a hearing date to determine whether the offender is in breach of a community order and may at any time — ( a ) issue a summons directing the offender to appear before the court on a date and at a time specified in the summons; or ( b ) where the court is satisfied that the offender may not appear, issue a warrant for the arrest of the offender. (4) Where an offender served with a summons issued under subsection (3)( a ) fails to attend before the court, the court may issue a warrant for the arrest of the offender. (5) Subject to subsection (7), if it is proved to the satisfaction of a court that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order — ( a ) the court may, without affecting the continuance of the order — (i) issue a warning to the offender; (ii) vary the order (including reducing or extending the period that the offender has to undergo psychiatric treatment, report to a day reporting officer or perform community work or community service) or the conditions or obligations thereof in such manner as the court thinks just and expedient in the circumstances; or (iii) impose on the offender a fine not exceeding $1,000; ( b ) subject to paragraph ( c ), the court may, taking into account the extent to which the offender has complied with the order, revoke the order and impose such sentence which is provided for the offence or offences in respect of which the order has been made; or ( c ) where the order was made in respect of an offence after the court had imposed and suspended under section 337(6) a sentence of imprisonment for that offence, the court must revoke the order. [19/2018] (6) Where an offender is in breach of a short detention order, a court may, on the application of the Commissioner of Prisons or any person authorised by the Commissioner of Prisons, revoke the order and, taking into account the period the offender has been detained under that order, impose such sentence which is provided for the offence or offences in respect of which the order has been made. [1/2014] (7) If it is proved to the satisfaction of a court that an offender in respect of whom a day reporting order, community work order or community service order is in force is in breach of the order, the court may, without affecting the continuance of the order, make an order for the offender to be detained in prison for a period which must not exceed 14 days. (8) Sections 317 and 318 apply to an order made under subsection (7) as if the order were a sentence of imprisonment passed by the court. (9) Where a court varies a mandatory treatment order under subsection (5)( a )(ii) by extending the period the offender has to undergo psychiatric treatment under the order, the period so extended must not exceed 36 months from the date the order is first in force. [19/2018] (10) Where a court varies a day reporting order under subsection (5)( a )(ii) by extending the period the offender has to report to a day reporting officer under the order, the period so extended must not exceed 12 months from the date the order is first in force. (11) Where a court varies a community work order under subsection (5)( a )(ii) by extending the number of hours the offender has to perform community work under the order, the number of hours so extended must not exceed the prescribed maximum hours of community work which the offender may be required to work under that order. (12) Where a court varies a community service order under subsection (5)( a )(ii) by extending the period the offender is required to perform community service under the order, the period so extended must not exceed the prescribed maximum hours of community service which the offender may be required to perform under that order. (13) If it is proved to the satisfaction of a court that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order, and the offender is serving any other community order at the time of the breach — ( a ) the offender is deemed to be in breach of all the community orders; and ( b ) the court must deal with the offender in accordance with subsection (5) in relation to the breach of each of those community orders.


document_id: cpc-2010
provision_ref: s353
chapter: PART 17 - COMMUNITY SENTENCES
section: 353
title: Commission of offence before community order is in force
content:
353. —(1) Where — ( a ) an offender, in respect of whom a community order is in force, is convicted, while the order is in force, of one or more offences committed before the date that the order is in force; and ( b ) the powers of a court to make community orders which are conferred by this Part are exercisable by the court in respect of that offence or those offences, the court may make a community order in respect of that offence or those offences, or it may sentence the offender to any punishment which is prescribed for that offence or those offences. (2) If instead of making a community order, a court sentences an offender in respect of whom a community order is in force to imprisonment under subsection (1), the offender must thereafter be dealt with in accordance with section 354 as if he or she had been convicted and dealt with by a court for an offence or offences committed during the period when a community order is in force in respect of him or her. (3) If instead of making a community order, a court sentences an offender in respect of whom a community order is in force to a fine under subsection (1) without imposing any term of imprisonment, the offender — ( a ) if he or she pays the fine amount, must continue serving the sentence under the community order; or ( b ) if he or she defaults on paying the fine amount, must continue serving the sentence under the community order before serving any sentence of imprisonment imposed by the court for the default. (4) Where — ( a ) an offender, in respect of whom a community order is in force, is convicted, while the order is in force, of one or more offences committed before the date that the order is in force; and ( b ) the powers of a court to make community orders which are conferred by this Part are not exercisable by the court in respect of that offence or those offences, the court must sentence the offender to any punishment which is prescribed for that offence or those offences and the offender must thereafter be dealt with in accordance with section 354 as if the offender had been convicted and dealt with by a court for an offence or offences committed during the period when a community order was in force in respect of him or her.


document_id: cpc-2010
provision_ref: s354
chapter: PART 17 - COMMUNITY SENTENCES
section: 354
title: Commission of further offence
content:
354. —(1) If it appears to a judge to whom jurisdiction is granted under subsection (3) that an offender has been convicted by any court of one or more offences committed during the period when a community order is in force in respect of the offender, and has been dealt with in respect of that offence or those offences, the judge may fix a hearing date to determine if the offender has been so convicted and dealt with and may issue a summons requiring the offender to appear at the place and time specified therein, or may issue a warrant for the offender’s arrest. (2) A Magistrate may not issue a warrant under subsection (1) except on information in writing. (3) The following persons have jurisdiction for the purposes of subsection (1): ( a ) if the community order was made by the General Division of the High Court, a Judge; ( b ) if the community order was made by a District Court, a District Judge; ( c ) if the community order was made by a Magistrate’s Court, a Magistrate. [40/2019] (4) A summons or warrant issued under this section must direct the offender so convicted to appear or be brought before the court which made the community order. (5) If an offender in respect of whom a community order has been made by the General Division of the High Court or District Court is convicted and dealt with by any Magistrate’s Court in respect of any offence or offences committed during the period when the community order is in force in respect of the offender, the Magistrate’s Court may commit the offender to custody or release him or her on bail or personal bond until he or she can be brought or appears before the court by which the community order has been made; and if he or she does so the Magistrate’s Court must send to the General Division of the High Court or the District Court (as the case may be) a copy of the minute or memorandum of the conviction entered in the register, signed by the Magistrate. [19/2018; 40/2019] (6) Where a community order has been made by a court in respect of an offender, and it is proved to the satisfaction of the court that the offender has been convicted and dealt with in respect of any offence committed during the period when the community order is in force, the court — ( a ) in any case where the community order was made in respect of an offence after the court had imposed and suspended under section 337(6) a sentence of imprisonment for that offence — must revoke the community order; or ( b ) in any other case — may, taking into account the extent to which the offender has complied with the community order, revoke the community order and impose any sentence that is prescribed for the offence in respect of which the community order has been made. [19/2018] (7) If a Magistrate’s Court has made a community order in respect of an offender, and the offender is convicted before the General Division of the High Court, a District Court or any other Magistrate’s Court of an offence committed during the period when the community order is in force, the General Division of the High Court, District Court or other Magistrate’s Court (as the case may be) — ( a ) in any case where the community order was made in respect of an offence after the firstmentioned Magistrate’s Court had imposed and suspended under section 337(6) a sentence of imprisonment for that offence — must revoke the community order; or ( b ) in any other case — may, taking into account the extent to which the offender has complied with the community order, revoke the community order and impose any sentence that is prescribed for the offence in respect of which the community order has been made. [19/2018; 40/2019]


document_id: cpc-2010
provision_ref: s355
chapter: PART 18 - COMPENSATION AND COSTS
section: 355
title:
Order for payment of costs by accused and order for payment of costs incurred by accused in accused’s defence

content:
355. —(1) The court before which a person is convicted of an offence may, in its discretion and if satisfied that the defence of the person was conducted in an extravagant and unnecessary manner, make an order for costs, of an amount fixed by the court, to be paid by the person to any other party to the proceedings in which the person is convicted of the offence. [19/2018] (2) If an accused is acquitted of any charge for any offence, and if it is proved to the satisfaction of the court that the prosecution was frivolous or vexatious, the court may order the prosecution or the complainant or the person on whose information the prosecution was instituted to pay full costs, charges and expenses incurred by the accused in and for the accused’s defence, to be taxed by the Registrar of the Supreme Court or the Registrar of the State Courts, as the case may be. [5/2014] (3) The court may direct that either an order for payment of costs under subsection (1) or an order for payment of compensation under section 359(1) be paid in priority to the other, and if no direction is given, the order for payment of costs takes priority over the order for payment of compensation.


document_id: cpc-2010
provision_ref: s356
chapter: PART 18 - COMPENSATION AND COSTS
section: 356
title: Costs ordered by Court of Appeal or General Division of High Court
content:
356. —(1) The Court of Appeal or the General Division of the High Court, in the exercise of its powers under Part 20, may — ( a ) on its own motion, make an order for costs to be paid by any party to any other party as the Court of Appeal or the General Division of the High Court thinks fit; or ( b ) on the application of any party, make an order for costs, of such amount as the Court of Appeal or the General Division of the High Court thinks fit, to be paid to that party by any other party. [19/2018; 40/2019] (2) Where the Court of Appeal or the General Division of the High Court makes any order for costs to be paid by the prosecution to an accused, the Court of Appeal or the General Division of the High Court must be satisfied that the conduct of the matter under Part 20 by the prosecution was frivolous or vexatious. [40/2019] (3) Before the Court of Appeal or the General Division of the High Court makes any order for costs to be paid by an accused to the prosecution, the Court of Appeal or the General Division of the High Court must be satisfied that — ( a ) the commencement, continuation or conduct of the matter under Part 20 by the accused was an abuse of the process of the Court; or ( b ) the conduct of the matter under Part 20 by the accused was done in an extravagant and unnecessary manner. [19/2018; 40/2019] (4) If the prosecution applies to the Court of Appeal or the General Division of the High Court for an order for the costs of any matter under Division 1B of Part 20 to be paid by an accused to the prosecution on the ground that the commencement, continuation or conduct of that matter by the accused was an abuse of the process of the Court, the Court of Appeal or the General Division of the High Court must state whether it is satisfied that the commencement, continuation or conduct of that matter by the accused was an abuse of the process of the Court. [19/2018; 40/2019]


document_id: cpc-2010
provision_ref: s357
chapter: PART 18 - COMPENSATION AND COSTS
section: 357
title: Costs against defence counsel
content:
357. —(1) Where it appears to a court that costs have been incurred unreasonably or improperly in any proceedings (for example, by commencing, continuing or conducting a matter the commencement, continuation or conduct of which is an abuse of the process of the Court) or have been wasted by a failure to conduct proceedings with reasonable competence and expedition, the court may make against any advocate whom it considers responsible (whether personally or through an employee or agent) an order — ( a ) disallowing the costs as between the advocate and his or her client; or ( b ) directing the advocate to repay to his or her client costs which the client has been ordered to pay to any person. [19/2018] (1A) If the Court of Appeal or the General Division of the High Court makes an order under subsection (1)( a ) or ( b ) in respect of any proceedings for a matter under Division 1B of Part 20, and the prosecution has applied to the Court of Appeal or the General Division of the High Court for an order for the costs of that matter to be paid to the prosecution on the ground that the commencement, continuation or conduct of that matter was an abuse of the process of the Court, the Court of Appeal or the General Division of the High Court must state whether it is satisfied that the commencement, continuation or conduct of that matter was an abuse of the process of the Court. [19/2018; 40/2019] (2) No order under this section may be made against an advocate unless he or she has been given a reasonable opportunity to appear before the court and show cause why the order should not be made.


document_id: cpc-2010
provision_ref: s358
chapter: PART 18 - COMPENSATION AND COSTS
section: 358
title: Costs awarded against Public Prosecutor
content:
358. —(1) Costs awarded against the Public Prosecutor are to be paid out of the Consolidated Fund and costs awarded to and received by the Public Prosecutor are to be paid into the Consolidated Fund. (2) The Public Prosecutor is not personally liable for any costs awarded against him or her.


document_id: cpc-2010
provision_ref: s359
chapter: PART 18 - COMPENSATION AND COSTS
section: 359
title: Order for payment of compensation
content:
359. —(1) The court before which an offender is convicted of any offence must, after the conviction, decide whether to make an order for the payment by the offender of compensation to any of the following persons: ( a ) a person who is injured (in respect of the person’s body, character or property) by any offence — (i) for which the offender is sentenced; or (ii) that is taken into consideration under section 148 when the offender is sentenced; ( b ) a representative of a person mentioned in paragraph ( a ); ( c ) a dependant of a person whose death was caused by any offence — (i) for which the offender is sentenced; or (ii) that is taken into consideration under section 148 when the offender is sentenced. [Act 5 of 2024 wef 01/08/2024] (1A) An order under subsection (1) for the payment of compensation to a dependant of a person whose death was caused by any offence mentioned in subsection (1)( c ) — ( a ) may only be made in respect of — (i) any damages for bereavement that may be claimed under section 21 of the Civil Law Act 1909 for the benefit of that dependant, in an action under section 20 of that Act; and (ii) if that dependant had incurred funeral expenses in respect of that person, any damages that may be awarded under section 22(4) of the Civil Law Act 1909 in respect of those funeral expenses, in an action under section 20 of that Act; and ( b ) may be made regardless of whether there is any action brought under section 20 of the Civil Law Act 1909 for the benefit of the dependants of that person. [Act 5 of 2024 wef 01/08/2024] (1B) An order under subsection (1) for the payment of compensation must specify the amount of the compensation to be paid by the offender under the order. [Act 5 of 2024 wef 01/08/2024] (2) If the court is of the view that it is appropriate to make an order under subsection (1), it must do so. [S 759/2022] [Act 5 of 2024 wef 01/08/2024] (2A) In a case where subsection (1) empowers the court to make an order for the payment of compensation, the court must give reasons if the court does not make such an order. [Act 5 of 2024 wef 01/08/2024] (2B) In deciding whether to make an order under subsection (1) for the payment of compensation, and in deciding the amount to be paid by the offender under such an order, the court must have regard to the offender’s means so far as those means appear or are known to the court. [Act 5 of 2024 wef 01/08/2024] (2C) Before making an order under subsection (1) against an offender, the court may make a financial circumstances order in relation to the offender. [Act 5 of 2024 wef 01/08/2024] (2D) Subject to subsection (2E), before the court decides whether to make an order under subsection (1) for the payment of compensation to a person mentioned in subsection (1)( a ), a representative mentioned in subsection (1)( b ) or a dependant mentioned in subsection (1)( c ) — ( a ) the person, representative or dependant (as the case may be) must be notified, in the manner prescribed in the Criminal Procedure Rules, of the proceedings in which the court will decide whether to make the order; and ( b ) the person, representative or dependant (as the case may be) is entitled to adduce evidence, and to make submissions, in relation to the order, at those proceedings. [Act 5 of 2024 wef 01/08/2024] (2E) The person, representative or dependant mentioned in subsection (2D) need not be notified of the proceedings if — ( a ) the person mentioned in subsection (1)( a ) or ( c ), the representative mentioned in subsection (1)( b ) or the dependant mentioned in subsection (1)( c ) (as the case may be) cannot be identified despite reasonable efforts having been made by the relevant law enforcement agency; or ( b ) the contact details of the person, representative or dependant mentioned in subsection (2D) (as the case may be) that are required in order for the person, representative or dependant to be notified in the manner prescribed in the Criminal Procedure Rules, cannot be obtained despite reasonable efforts having been made by the relevant law enforcement agency. [Act 5 of 2024 wef 01/08/2024] (2F) Despite subsection (2D), none of the following persons may appeal under section 377 against an order under subsection (1) or a decision not to make such an order: ( a ) a person mentioned in subsection (1)( a ); ( b ) a representative mentioned in subsection (1)( b ); ( c ) a dependant mentioned in subsection (1)( c ). [Act 5 of 2024 wef 01/08/2024] (2G) The following persons shall not be liable to be sued for anything done or omitted to be done in good faith in the course of or in connection with the notification of the person, representative or dependant mentioned in subsection (2D)( a ): ( a ) the Public Prosecutor, any Deputy Attorney‑General, Solicitor‑General, Deputy Public Prosecutor or Assistant Public Prosecutor, or any officer or employee of the Attorney‑General’s Chambers; ( b ) any officer or employee of any law enforcement agency; ( c ) any person authorised by the Public Prosecutor to conduct any proceedings or prosecution under any written law; ( d ) any officer or judicial officer of the State Courts; ( e ) any officer or the Registrar of the Supreme Court. [Act 5 of 2024 wef 01/08/2024] (3) If an accused is acquitted of any charge for any offence, and if it is proved to the satisfaction of the court that the prosecution was frivolous or vexatious, the court may order the prosecution or the complainant or the person on whose information the prosecution was instituted to pay as compensation to the accused a sum not exceeding $10,000. (4) Any order for compensation made under subsection (1) does not affect any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order, but any claim by a person or the person’s representative for civil damages in respect of the same injury arising from the offence, is deemed to have been satisfied to the extent of the amount paid to the person under an order for compensation. (5) The order for compensation made under subsection (3) does not affect any right to a claim for civil damages for malicious prosecution or false imprisonment beyond the amount of compensation paid under the order, but any claim by the accused for civil damages in respect of the malicious prosecution or false imprisonment is deemed to have been satisfied to the extent of the amount paid to the accused under an order for compensation. (6) In this section — “dependant” means a person mentioned in section 20(8)( a ) to ( e ) or 21(2)( a ) to ( e ) of the Civil Law Act 1909; “financial circumstances order”, in relation to an offender, means an order that — ( a ) requires the offender to give to the court, within a period specified in the order, any statement and evidence of the offender’s financial circumstances that the court may require; and ( b ) if the offender is below 18 years of age, requires a parent or guardian of the offender to give to the court, within a period specified in the order, any statement and evidence of the parent’s or guardian’s financial circumstances that the court may require; “parent” includes an adoptive parent; “relevant law enforcement agency”, in relation to an offence mentioned in subsection (1), means the law enforcement agency that investigated the offence; “representative”, in relation to a person mentioned in subsection (1)( a ), means any person as prescribed in the Criminal Procedure Rules. [Act 5 of 2024 wef 01/08/2024]


document_id: cpc-2010
provision_ref: s360
chapter: PART 18 - COMPENSATION AND COSTS
section: 360
title: Provisions as to money payable as compensation
content:
360. —(1) Subject to the provisions of this Code, where any person is, under this Code, for any reason whatsoever, ordered to pay any sum of money by way of compensation, the court making the order may at any time before that sum has been paid in full, in its discretion, do all or any of the following things: ( a ) allow and extend time for the payment of that sum; ( b ) direct payment to be made of that sum by instalments; ( c ) order the attachment of any property, movable or immovable, belonging to the person — (i) by seizure of such property which may be sold and the proceeds applied towards the payment of that sum; or (ii) by appointing a receiver who is at liberty to take possession of and sell such property and apply the proceeds towards the payment of that sum; ( ca ) direct any person who owes money to the person ordered to pay compensation to pay the court the amount of that debt due or accruing or the amount that is sufficient to pay off the compensation sum; ( d ) direct that in default of payment of the compensation sum, that person must suffer imprisonment for a certain term, which imprisonment must be consecutive with any other imprisonment to which that person may be sentenced or to which that person may be liable under a commutation of sentence; ( e ) direct that that person be searched, and that any money found on that person when so searched or which, in the event of that person being committed to prison, may be found on him or her when taken to prison, is to be applied towards the payment of that sum; the surplus (if any) being returned to him or her. [33/2012] (2) Before allowing time for payment of any sum under subsection (1)( a ) or directing payment of it to be made by instalments under subsection (1)( b ), the court may require that person to execute a bond with or without sureties on condition that that person pays that sum or the instalments (as the case may be) on the day or days directed; and if that sum or any instalment is not paid as ordered, then the whole of that sum remaining unpaid becomes due and payable and the court may issue a warrant for the person’s arrest. (3) Any money found on a person under subsection (1)( e ) must not be so applied if the court is satisfied that the money does not belong to the person on whom it was found. (4) The term for which the court directs that person to be imprisoned in default of payment of the compensation sum must not exceed the following scale: ( a ) when the money to be paid does not exceed $50, the imprisonment may be for any term not exceeding 2 months; ( b ) when the money to be paid exceeds $50 but does not exceed $100, the imprisonment may be for any term not exceeding 4 months; ( c ) in any other case, the imprisonment may be for a term not exceeding 6 months. (5) The imprisonment which the court imposes under this section terminates whenever the money is paid or levied by process of law, and the person must be released from detention in prison as soon as reasonably practicable. [Act 32 of 2024 wef 25/11/2024] (6) If before the end of the period of imprisonment imposed in default of payment of the compensation sum, such a proportion of the money is paid or levied that the time of imprisonment already suffered in default of payment of the compensation sum is at least equivalent to the part of the sum still unpaid, then — ( a ) the imprisonment must end; and ( b ) the person must be released from detention in prison as soon as reasonably practicable. [Act 32 of 2024 wef 25/11/2024] (7) If the person fails to pay the court the amount which the person is directed to pay under subsection (1)( ca ), it is recoverable as though it were a judgment debt due to the court. [33/2012] (8) Any person may, not later than 7 days after the date of the seizure of any property under subsection (1)( c )(i) or the taking of possession of any property by the receiver under subsection (1)( c )(ii) (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 (1)( c ) and the court is to make such order as it sees fit. [33/2012]


document_id: cpc-2010
provision_ref: s362
chapter: PART 18 - COMPENSATION AND COSTS
section: 362
title: Reward for unusual exertions and compensation for family of person killed in arresting
content:
362. —(1) Where the court, whether on its own motion or the Public Prosecutor’s application, considers that a person has shown unusual courage, diligence or effort in the arrest of a person accused of having committed, attempted or abetted an offence punishable with death or imprisonment, then the court may order payment to the person out of the Consolidated Fund of a sum of not more than $500. (2) If a person is killed in trying to arrest or to keep in lawful custody any accused referred to in subsection (1), the Minister may order payment from the Consolidated Fund to the wife, husband, parent or child of the deceased of such money as appears reasonable compensation for the death.


document_id: cpc-2010
provision_ref: s363
chapter: PART 18 - COMPENSATION AND COSTS
section: 363
title: Court may order payment of expenses of witnesses
content:
363. A court holding any inquiry or trial under this Code which is conducted by the Public Prosecutor or by any officer of a public body, may, at its discretion, order payment out of the Consolidated Fund to any of the witnesses of the expenses they have incurred individually in attending that court, and compensation for their trouble and loss of time, subject to the Criminal Procedure Rules. [19/2018]


document_id: cpc-2010
provision_ref: s364
chapter: PART 19 - DISPOSAL OF PROPERTY
section: 364
title: Order for disposal of property by court
content:
364. —(1) During or at the conclusion of any inquiry or trial under this Code, the court may make an order as it thinks fit for the disposal of any property produced before it. (2) Subject to any provisions on forfeiture, confiscation, destruction or delivery in any other written law under which property may be seized, a court may, during or at the conclusion of any criminal proceeding under this Code, make an order as it thinks fit for the disposal of any property — ( a ) in respect of which an offence is or was alleged to have been committed or which has been used or is intended to have been used for the commission of any offence or which constitutes evidence of an offence; and ( b ) which is produced before the court or is in the court’s custody or the custody of a police officer or any other person who has seized the property pursuant to any law. (3) If an order is made under this section in a case in which an appeal lies, the order must not, except where the property is perishable, be carried out until the period allowed for the appeal has lapsed or the appeal has been dealt with. (4) In this section, “property” includes not only property that was originally in the possession or under the control of a party to the case, but also property into or for which it has been converted or exchanged and anything acquired by this conversion or exchange, whether immediately or later.


document_id: cpc-2010
provision_ref: s365
chapter: PART 19 - DISPOSAL OF PROPERTY
section: 365
title: Direction instead of order
content:
365. Instead of itself making an order under section 364, a court may direct the property to be delivered to a Magistrate who must deal with it under section 364 as if it were property produced in proceedings before a Magistrate’s Court.


document_id: cpc-2010
provision_ref: s366
chapter: PART 19 - DISPOSAL OF PROPERTY
section: 366
title: Payment to innocent person of money in possession of convicted person
content:
366. —(1) Where a person is convicted of an offence that includes or amounts to theft or receiving stolen property, and it is proved that another person had bought the stolen property from the convicted person without knowing or having reason to believe that it was stolen, the court may, on application by the purchaser and after restoring the stolen property to its rightful owner, order that a sum not exceeding the price paid by the purchaser be given to the purchaser out of any money in the possession of the convicted person. (2) Any order made under this section does not affect any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the sum paid under the order, but any claim by a person or the person’s representatives for civil damages in respect of the purchase of stolen property arising from the offence, is deemed to have been satisfied to the extent of the amount paid to the person under that order.


document_id: cpc-2010
provision_ref: s367
chapter: PART 19 - DISPOSAL OF PROPERTY
section: 367
title: Stay of order
content:
367. The General Division of the High Court may direct an order under section 364, 365 or 366 made by a Magistrate’s Court or District Court to be stayed pending consideration by the General Division of the High Court and may modify, alter or annul that order. [40/2019]


document_id: cpc-2010
provision_ref: s368
chapter: PART 19 - DISPOSAL OF PROPERTY
section: 368
title: Destruction of libellous and other matter
content:
368. —(1) On a conviction under section 292, 293, 500, 501 or 502 of the Penal Code 1871, the court may order the destruction of any object, matter, substance, or any other property (including any copy of such property in any media) in respect of which the conviction was had and which is in the custody of a police officer or the court, or which remains in the possession or power of the person convicted. (2) On a conviction under section 272, 273, 274 or 275 of the Penal Code 1871, the court may order the destruction of the food, drink, drug or medical preparation in respect of which the conviction was had and which is in the custody of a police officer or the court, or which remains in the possession or power of the person convicted.


document_id: cpc-2010
provision_ref: s369
chapter: PART 19 - DISPOSAL OF PROPERTY
section: 369
title: Restoration of possession of immovable property
content:
369. —(1) Where a person is convicted of an offence involving criminal force and it appears to the court that by that force another person has been dispossessed of any immovable property, the court may order the possession of it to be restored to that other person. (2) Such an order does not affect any right or interest to or in that immovable property which a person may be able to establish in a civil suit.


document_id: cpc-2010
provision_ref: s370
chapter: PART 19 - DISPOSAL OF PROPERTY
section: 370
title: Procedure governing seizure of property
content:
370. —(1) If a law enforcement officer seizes any property in the exercise of any power under section 35 or 78, the law enforcement officer must make a report of the seizure to the relevant court at the earlier of the following times: ( a ) when the law enforcement officer considers that — (i) the property is not relevant for the purposes of any investigation, inquiry, trial or other proceeding under any written law; and (ii) either of the following applies: (A) there is no pending investigation mentioned in subsection (3)( c )(i) or (ii); (B) there is a pending investigation mentioned in subsection (3)( c )(i) or (ii) but the law enforcement officer considers that the continued seizure of the property is no longer required; [Act 24 of 2024 wef 14/11/2024] ( b ) one year after the date of seizure of the property. [19/2018] (2) Subject to subsections (3), (3A) and (3B), and to any provisions on forfeiture, confiscation, destruction or delivery in any other written law under which property may be seized, the relevant court must, upon receiving a report mentioned in subsection (1), make such of the following orders as may be applicable: ( a ) in any case where the property consists of a computer and any data stored in the computer, and the relevant court is satisfied that an offence was committed in respect of the data, or that the data was used or intended to be used to commit an offence — an order for — (i) the deletion of the data from the computer, and the delivery of the computer (after the deletion of the data) to the person entitled to possession of the computer; or (ii) if that person cannot be ascertained, the deletion of the data from the computer, and the custody and production of the computer (after the deletion of the data); ( b ) in any case where the relevant court is satisfied that an offence was committed in respect of the property, or that the property was used or intended to be used to commit an offence — such order as the relevant court thinks fit for the disposal of the property; ( c ) in any case where the relevant court is satisfied that the property consists of anything into which any property mentioned in paragraph ( b ) has been converted, anything for which any property mentioned in paragraph ( b ) has been exchanged, or anything acquired (whether immediately or later) by this conversion or exchange — such order as the relevant court thinks fit for the disposal of the property; ( d ) in any case where the relevant court is satisfied that the property does not consist of any property mentioned in paragraph ( a ), ( b ) or ( c ), and the person entitled to possession of the property consents to the use of the property for compensation or restitution, or to the forfeiture of the property — such order as the relevant court thinks fit for the disposal of the property; ( e ) in any other case, an order relating to — (i) the delivery of the property to the person entitled to possession of the property; or (ii) if that person cannot be ascertained or cannot be found, the custody and production of the property. [19/2018] [Act 24 of 2024 wef 14/11/2024] (3) The relevant court must not dispose of the property if — ( a ) there is any pending court proceeding under any written law in relation to the property; [Act 24 of 2024 wef 14/11/2024] ( b ) the relevant court is satisfied that the property is relevant for the purposes of any investigation, inquiry, trial or other proceeding under any written law; or [Act 24 of 2024 wef 14/11/2024] ( c ) the relevant court is satisfied that, in a case where the law enforcement officer applies for the continued seizure of the property, there is any pending investigation — (i) to locate, or ascertain the identity of, any person or persons entitled to possession of the property; or (ii) into any absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, and the continued seizure will not cause injustice to any person entitled to possession of the property. [19/2018] [Act 24 of 2024 wef 14/11/2024] (3A) An absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized cannot claim to be entitled to the property unless that person personally presents himself or herself before a law enforcement officer for the purpose of an investigation into the relevant offence. [Act 24 of 2024 wef 14/11/2024] (3B) The relevant court must not make an order under subsection (2) relating to the delivery of property to an absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, unless that person personally presents himself or herself before a law enforcement officer for the purpose of an investigation into the relevant offence; but the relevant court may make any other order under subsection (2) despite that person’s absence. [Act 24 of 2024 wef 14/11/2024] (4) Where the relevant court is not a Magistrate’s Court, the relevant court may, instead of making an order under subsection (2), direct that the property be delivered to a Magistrate, who must deal with the property in accordance with subsection (2) as if the report mentioned in subsection (1) was made to a Magistrate’s Court. [19/2018] (5) On and after 31 October 2018 — ( a ) this section applies to any property seized or taken before that date, under section 370(1) of this Code as in force immediately before that date, or under section 35 or 78 — if no Magistrate’s Court has exercised, in relation to that property, any power under section 370 of this Code as in force immediately before that date; ( b ) this section applies to any report made before that date, under section 370(1) of this Code as in force immediately before that date, of the seizure of any property, as if that report had been made under subsection (1) — if no Magistrate’s Court has exercised, in relation to that property, any power under section 370 of this Code as in force immediately before that date; and ( c ) section 370 of this Code as in force immediately before that date continues to apply, in every case where a Magistrate’s Court has exercised before that date any power under that section, as if this section had not been enacted. [19/2018] (6) In this section and sections 371 and 372 — “absconded person” means any person who cannot be found, apprehended or extradited, at the end of the period of 6 months from the date on which investigations were commenced against that person to ascertain whether that person has committed any relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized; [Act 24 of 2024 wef 14/11/2024] “law enforcement officer” means — ( a ) a police officer; ( b ) an officer of the Central Narcotics Bureau; ( c ) an immigration officer appointed under section 3 of the Immigration Act 1959; ( d ) a Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004; ( e ) a public officer appointed as the Director, a deputy director, an assistant director or a special investigator of the Corrupt Practices Investigation Bureau; or ( f ) any other officer, of a prescribed law enforcement agency; “relevant court” means — ( a ) in any case where the property was seized for the purposes of a particular inquiry, trial or proceeding — the court before which that inquiry, trial or proceeding is held; or ( b ) in any other case, a Magistrate’s Court; [Act 24 of 2024 wef 14/11/2024] “relevant offence” means — ( a ) an arrestable offence; or ( b ) a serious offence under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992. [19/2018] [Act 24 of 2024 wef 14/11/2024] (7) For the purposes of this section and sections 371 and 372 — ( a ) without affecting any other matter that the relevant court may consider relevant, in determining whether a person is entitled to property or to possession of property (as the case may be), the relevant court may take into account whether the person had acquired the property through legitimate sources (whether from income, investments, trading or otherwise); ( b ) if a person who claims that he or she is entitled to property or to possession of property (as the case may be) alleges that the property was a gift from any absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, the mere fact that the property was a gift is relevant, but is not sufficient without other evidence, to prove that the person is entitled to the property or to possession of the property, as the case may be; ( c ) without affecting any other matter that the relevant court may consider relevant, in determining whether the firstmentioned person in paragraph ( b ) is entitled to property or to possession of property (as the case may be), the relevant court may take into account other evidence relating to — (i) the circumstances in which the gift was made; or (ii) whether the property was purchased through legitimate sources before it was gifted; and ( d ) any property that is transferred, directly or indirectly, by one person ( A ) to another person ( B ) for a consideration the value of which is significantly less than the value of the consideration provided by A , is deemed to be a gift. [Act 24 of 2024 wef 14/11/2024]


document_id: cpc-2010
provision_ref: s371
chapter: PART 19 - DISPOSAL OF PROPERTY
section: 371
title: Procedure when person entitled to property is known
content:
371. —(1) If the person entitled to the property mentioned in section 370 is known, the relevant court must cause a notice to be served on that person instructing that person to take delivery of the property within the period specified in the notice which must be at least 48 hours after the date of service of the notice. [19/2018] (2) Section 116 applies as nearly as may be practicable to the procedure governing the service of the notice mentioned in subsection (1) as if a summons were a notice. (3) If the person entitled to the property mentioned in section 370 fails to take delivery of the property within the period specified in the notice mentioned in subsection (1), the relevant court may, after one month from the expiry of that period, cause the property to be sold. [19/2018] (4) Despite the other provisions in this section, if the property is perishable or if, in the opinion of the relevant court, its value is less than $500, the relevant court may cause the property to be sold at any time. [19/2018] (5) The relevant court must cause the net proceeds of the sale under subsection (3) or (4) to be paid, on demand, to the person entitled. [19/2018]


document_id: cpc-2010
provision_ref: s372
chapter: PART 19 - DISPOSAL OF PROPERTY
section: 372
title: Procedure when person entitled to property cannot be ascertained or cannot be found
content:
372. —(1) If the person entitled to the property mentioned in section 370 cannot be ascertained or cannot be found, the relevant court may direct that it continue to be subject to the custody or control of the relevant law enforcement agency and the head of the relevant law enforcement agency must, in that case, issue a public notice, specifying the articles of which the property consists and requiring any person who claims that the person is entitled to the property to make the person’s claim to the relevant court within 6 months from the date of the public notice, and to thereafter appear before the relevant court to establish the person’s claim. [19/2018] [Act 5 of 2024 wef 01/08/2024] [Act 24 of 2024 wef 14/11/2024] (1A) An absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, cannot, pursuant to the notice under subsection (1), make a claim that he or she is entitled to the property unless he or she personally presents himself or herself before a law enforcement officer for the purpose of an investigation into the relevant offence. [Act 24 of 2024 wef 14/11/2024] (1B) If a person establishes his or her claim in accordance with subsection (1), the relevant court must order that the property be delivered to that person; and section 371 applies to that person as if a reference in that section to the person entitled to the property mentioned in section 370 is a reference to that person. [Act 24 of 2024 wef 14/11/2024] (2) Every notice under subsection (1) must be published in the Gazette or any daily newspaper if, in the opinion of the head of the relevant law enforcement agency, the value of the property is at least $1,000. [Act 5 of 2024 wef 01/08/2024] (3) [ Deleted by Act 24 of 2024 wef 14/11/2024 ] (4) If property subject to the custody or control of the relevant law enforcement agency under this section is perishable or is, in the opinion of the head of the relevant law enforcement agency, worth less than $1,000, or if keeping it involves unreasonable expense or inconvenience, then the property may be sold at any time and this section applies, as nearly as may be practicable, to the net proceeds of the sale. [Act 5 of 2024 wef 01/08/2024] [Act 24 of 2024 wef 14/11/2024] (5) The relevant court must order the ownership of the property or (if sold) its net proceeds to pass to and vest in the Government absolutely if — ( a ) no person makes a claim to the property to the relevant court within 6 months from the publication of the notice mentioned in subsection (1); or ( b ) where one or more persons have made any claim to the property to the relevant court within 6 months from the publication of the notice mentioned in subsection (1), the relevant court is satisfied that none of those persons is entitled to the property. [Act 24 of 2024 wef 14/11/2024] (6) Where, at the time a person establishes that the person is entitled to the property in accordance with subsection (1), the property has already been sold by the head of the relevant law enforcement agency, that person is only entitled to the net proceeds. [Act 24 of 2024 wef 14/11/2024] (7) In respect of property to which the person entitled cannot be ascertained or cannot be found, the relevant court may order the property to be destroyed or otherwise disposed of at any time if in its opinion — ( a ) the property is of no appreciable value; or ( b ) its value is so small as to — (i) make its sale impracticable; or (ii) make the custody or control of it unreasonably expensive or inconvenient. [19/2018] [Act 5 of 2024 wef 01/08/2024] [Act 24 of 2024 wef 14/11/2024] (8) In this section, “relevant law enforcement agency” means the law enforcement agency to which the law enforcement officer who makes a report under section 370(1) belongs. [Act 5 of 2024 wef 01/08/2024] [Act 24 of 2024 wef 14/11/2024]


document_id: cpc-2010
provision_ref: s373
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 373
title: Interpretation of this Part
content:
373. In this Part — “appellate court” — ( a ) means any court when exercising its appellate criminal jurisdiction; and ( b ) includes, for the purposes only of Division 1B, the Court of Appeal when exercising its jurisdiction under Division 1A or section 397; “trial court” means any court when exercising its original criminal jurisdiction. [19/2018]


document_id: cpc-2010
provision_ref: s374
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 374
title: When appeal may be made
content:
374. —(1) An appeal against any judgment, sentence or order of a court, or any decision of the General Division of the High Court mentioned in section 149M(1), may only be made as provided for by this Code or by any other written law. [19/2018; 40/2019] (2) An appeal may lie on a question of fact or a question of law or on a question of mixed fact and law. (3) An appeal by the Public Prosecutor is to be against the acquittal of an accused or the sentence imposed on an accused or an order of the trial court. (4) An appeal by a person convicted by a trial court is to be against the person’s conviction, the sentence imposed on the person or an order of the trial court. (4A) No appeal may lie against the conviction of an accused of any offence by a trial court until after the trial court imposes a sentence in relation to that offence. [33/2012] (5) No appeal may lie against any order made by a Magistrate, a District Judge, the Registrar of the State Courts or the Registrar of the Supreme Court in any criminal case disclosure conference held under Part 9 or 10. [5/2014] (6) To avoid doubt, any appeal against a decision of the General Division of the High Court is to be made to the Court of Appeal (and not to the Appellate Division of the High Court). [40/2019]


document_id: cpc-2010
provision_ref: s375
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 375
title: Limited right of appeal against plea of guilty
content:
375. An accused who has pleaded guilty and has been convicted on that plea in accordance with this Code may appeal only against the extent or legality of the sentence.


document_id: cpc-2010
provision_ref: s376
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 376
title: Appeal against acquittal and sentence in private prosecutions
content:
376. —(1) Where in any prosecution by a private person — ( a ) an accused has been acquitted by a court; or ( b ) an accused has been convicted and sentenced by a court, there is to be no appeal against the acquittal or the sentence (as the case may be) by the private person. (2) The Public Prosecutor may appeal against any judgment, sentence or order of a court in a private prosecution or may, by fiat, and on such terms and conditions as the Public Prosecutor thinks fit, permit a private person to pursue such appeal.


document_id: cpc-2010
provision_ref: s377
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 377
title: Procedure for appeal
content:
377. —(1) Subject to sections 374, 375 and 376, a person who is not satisfied with any judgment, sentence or order of a trial court in a criminal case or matter to which the person is a party may appeal to the appellate court against that judgment, sentence or order in respect of any error in law or in fact, or in an appeal against sentence, on the ground that the sentence imposed is manifestly excessive or manifestly inadequate. (2) A notice of appeal against any judgment, sentence or order of the trial court must be lodged by the appellant with the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a District Court or a Magistrate’s Court) — ( a ) in the case of an appeal against conviction, or an appeal against conviction and sentence, within 14 days after the date of the sentence; and ( b ) in any other case, within 14 days after the date of the judgment, sentence or order. [33/2012; 5/2014; 40/2019] (3) Every notice of appeal must — ( a ) state shortly the substance of the judgment, sentence or order appealed against; ( b ) contain an address at which any notice or document connected with the appeal may be served upon the appellant or upon the appellant’s advocate; and ( c ) unless it is given orally under section 381, be signed by the appellant or the appellant’s advocate. (4) In the case of an appeal by the Public Prosecutor under this Part against the judgment, sentence or order of the General Division of the High Court hearing a criminal case, the notice of appeal must be signed by the Public Prosecutor only. [40/2019] (5) After the notice of appeal has been lodged in accordance with subsection (2) by an appellant who is an accused or a complainant, the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court) must, as soon as possible, serve on the appellant or the appellant’s advocate at the address mentioned in the notice of appeal, a notice that a copy each of the record of proceedings and the grounds of decision are available and can be had on applying for the same. [5/2014; 40/2019] (6) Subject to subsection (6A), where an appellant makes an application pursuant to subsection (5), the appellant must be served with a copy each of the record of proceedings and the grounds of decision upon the payment of the prescribed fee. (6A) The Registrar of the State Courts or the Registrar of the Supreme Court (as the case may be) may, as he or she thinks fit, furnish copies of the record of proceedings and the grounds of decision free of charge in any specific case or category of cases. [5/2014] (7) After the notice of appeal has been lodged in accordance with subsection (2) by an appellant who is the Public Prosecutor, the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court) must, as soon as possible, serve on the Public Prosecutor a copy each of the record of proceedings and the grounds of decision free of charge. [5/2014; 40/2019]


document_id: cpc-2010
provision_ref: s378
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 378
title: Petition of appeal
content:
378. —(1) Within 14 days after service of the record of proceedings and the grounds of decision under section 377(6) or (7), the appellant or the appellant’s advocate must lodge a petition of appeal with the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court). [5/2014; 40/2019] (2) The petition of appeal must be signed by the appellant or the appellant’s advocate and must state briefly the substance of the judgment, sentence or order appealed against and must contain sufficient particulars of any points of law or of fact in respect of which the appellant claims the trial court was in error. (3) Subject to section 380, if a petition of appeal is not lodged within the time provided under this section, the appeal will be treated as withdrawn. (4) At any time before the petition of appeal is lodged, the appellant may file with the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court), a notice of discontinuance of the appeal, and if the appellant does so, the appellant must serve the notice on the other party to the appeal on the date of the filing. [5/2014; 40/2019] (5) The appellant may, after the appellant had lodged a petition of appeal within the time provided under this section, in a notice in writing to the Registrar of the Supreme Court seek permission of court to withdraw the appeal. [Act 25 of 2021 wef 01/04/2022] (5A) Despite section 386(1) and (2), where every party to the appeal consents to the withdrawal of the appeal, a single Judge of the General Division of the High Court, or of the Court of Appeal, respectively, may summarily give permission to withdraw the appeal without the appeal being set down for hearing. [Act 25 of 2021 wef 01/04/2022] (6) Except with the permission of the appellate court, the appellant is not permitted, on the hearing of the appeal, to rely on any ground of appeal other than those set out in the petition of appeal. [Act 25 of 2021 wef 01/04/2022] (7) Upon withdrawal or discontinuance of any appeal, the Registrar of the Supreme Court must notify the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court) accordingly and any stay of execution immediately ceases to have effect. [5/2014]


document_id: cpc-2010
provision_ref: s379
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 379
title: Records of court proceedings to be sent to appellate court and respondent
content:
379. Where the petition of appeal has been filed under section 378, the trial court appealed from must send to the appellate court and the Public Prosecutor or to the respondent or the respondent’s advocate (as the case may be) a signed copy of the record of the proceedings, the grounds of decision, a copy of the notice of appeal and the petition of appeal.


document_id: cpc-2010
provision_ref: s380
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 380
title: Appeal specially allowed in certain cases
content:
380. —(1) The appellate court may, on the application of any person debarred from appealing for non‑compliance with any provision of this Code, permit the person to appeal against any judgment, sentence or order if it considers it to be in the interests of justice, subject to such terms and conditions as the court thinks fit. (2) The appellate court may, on the application of the accused or the accused’s advocate, or the Public Prosecutor, permit an appeal to proceed to hearing without the grounds of decision, if the court considers it to be in the interest of justice and for reasons beyond the control of either party, subject to such terms and conditions as the court thinks fit.


document_id: cpc-2010
provision_ref: s381
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 381
title: Procedure when appellant in prison
content:
381. —(1) If the appellant is in prison, he or she is deemed to have complied with the requirements in sections 377 and 378 if he or she gives to the officer in charge of the prison, either orally or in writing, a notice of appeal and the particulars to be included in the petition of appeal within the times prescribed by those sections. (2) Such officer must immediately forward such notice and petition or their purport to the Registrar of the Supreme Court or the Registrar of the State Courts, as the case may be. [5/2014]


document_id: cpc-2010
provision_ref: s382
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 382
title: Bail pending appeal
content:
382. A State Court or the General Division of the High Court may grant bail to a person who has filed a notice of appeal against the person’s conviction or sentence in accordance with section 377. [5/2014; 40/2019]


document_id: cpc-2010
provision_ref: s383
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 383
title: Stay of execution pending appeal
content:
383. —(1) An appeal does not operate as a stay of execution, but the trial court and the appellate court may stay execution on any judgment, sentence or order pending appeal, on any terms as to security for the payment of money or the performance or non‑performance of an act or the suffering of a punishment imposed by the judgment, sentence or order as to the court seem reasonable. (2) If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed is to be excluded in computing the term of his or her sentence unless the appellate court orders otherwise. (3) In the case of a conviction involving a sentence of death, the execution of the sentence of death must not be carried out until after the sentence is confirmed by the Court of Appeal pursuant to an appeal by the accused or a petition for confirmation by the Public Prosecutor. [33/2012]


