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21 Miscellaneous Matters

A. Disposal of Property

What is covered
• Property seized in the course of investigations
• Property tendered in court as evidence during trial

Procedure
• Disposal without inquiry (no competing claims)
• Disposal inquiry (competing claims) (DI)
o Very much like a trial
o Opening address; examination of witnesses; submissions
• Disposal Order made – delivery, confiscation, forfeiture, destructions

The Provisions
General disposal provisions in CPC: s386 – 392
o Where there is no prosecution: s392 CPC
o Where there is prosecution: s386 CPC

Where there is no prosecution


Procedure by police on seizure of property.
392. —(1) The seizure by any police officer of property taken under section 29 or
alleged or suspected to have been stolen, or found under circumstances which create
suspicion of the commission of any offence shall be forthwith reported to a Magistrate’s
Court which shall make such order as it thinks fit respecting the delivery of the property
to the person entitled to the possession of it or, if that person cannot be ascertained,
respecting the custody and production of the property.
(2) If the person so entitled is known, the Magistrate’s Court may order the property to
be delivered to him on such conditions, if any, as the Magistrate’s Court thinks fit.
(3) The Magistrate’s Court shall, on making an order under subsection (2), cause a
notice to be served on that person, informing him of the terms of the order, and
requiring him to take delivery of the property within such period from the date of the
service of the notice (not being less than 48 hours) as the Magistrate’s Court may in the
notice prescribe.
(4) If that person is unknown or cannot be found the Magistrate’s Court may direct that
it be detained in police custody and the Commissioner of Police shall, in that case, issue
a public notification, specifying the articles of which the property consists and requiring
any person who has a claim to it to appear before him and establish his claim within 6
months from the date of the public notification:
Provided that, where it is shown to the satisfaction of the Magistrate’s Court that the
property is of no appreciable value, or that its value is so small as, in the opinion of the
Magistrate’s Court, to render impracticable the sale, as hereinafter provided, of the
property, or as to make its detention in police custody unreasonable in view of the
expense or inconvenience that would thereby be involved, the Magistrate’s Court may
order the property to be destroyed or otherwise disposed of, either on the expiration of
such period after the publication of the notification above referred to as it may
determine, or forthwith, as it thinks fit.
(5) Every notification under subsection (4) shall be published in the Gazette if the value
of the property amounts to $100.

S392 CPC
o Deals with seizure of property taken from:
 an arrested person under s 29(1) CPC (“all articles other than necessary
wearing apparel and any of those articles where there is reason to believe were
instruments or fruits or other evidence of the crime”) , or
 alleged to have been stolen or found under circumstances which create
suspicion of the commission of any offence (see s 68(1) CPC).

- s. 392 CPC concerns the disposal of property seized by the police or alleged to be stolen
or found under circumstances, which create the suspicion of the commission of any
offence
- this section applies where no trial has taken place
- Sim Cheng Ho v Lee Eng Soon:
• A disposal inquiry was intended to be an inexpensive and expeditious manner of
distributing items produced in the course of investigations and at trial
• Such an inquiry was not conclusive as to title which should be taken up in a civil
trial if need be
• A magistrate determining a disposal inquiry where entitlement to possession was
disputed had to look to the facts of each case to ascertain the party entitled to
possession
• Where entitlement was not clear from the evidence, the magistrate ought to
deliver possession to the party to whom, after a consideration of the evidence,
appeared to him to have been entitled to possession

o Police have to report seizure to Magistrate (“shall”) who will make a disposal order
(whether with or w/o inquiry depending on whether there is contested)

o Court order not required in every case.


 See if there are specific provisions under legislation pursuant to which seizure
was effected. E.g. s 42(11) EPHA (environmental public health act) where
food or perishable articles seized by NEA officers and are likely to decay may
be disposed of immediately.
 Possible disposal orders under s 392 regime:
 Delivery to person entitled to possession: s 392(2)
 Detention in police custody if person entitled is not known; CP to issue
public notification): s 392(4)
 Destruction (after notification period or forthwith): s 392(4)
 Sale of property and proceeds to owner: ss 394
Where there is prosecution
Order for disposal of property.
386. —(1) During or at the conclusion of any inquiry or trial in any criminal court the
court may make such order as it thinks fit for the disposal of any document, livestock or
other property produced before it.
(2) The power conferred upon the court by this section includes power to make an order
for the forfeiture or confiscation or for the destruction or for the delivery to any person
of any property regarding which any offence is or was alleged to have been committed
or which appears to have been used for the commission of any offence but shall be
exercised subject to any special provisions regarding forfeiture, confiscation,
destruction or delivery contained in the Act under which the conviction was had or in
any other Act applicable to the case.
(3) When the High Court or a District Court makes such order and cannot, through its
own officers, conveniently deliver the property to the person entitled to it, that court
may direct that the order shall be carried into effect by a Magistrate.
(4) When an order is made under this section in a case in which an appeal lies, the order
shall not, except when the property is livestock or is subject to speedy and natural
decay, be carried out until the period allowed for presenting an appeal has passed or,
when an appeal is presented within that period until the appeal has been disposed of.
(5) In this section “property” includes, in the case of property regarding which an
offence appears to have been committed, not only such property as was originally in the
possession or under the control of any party, but also any property into or for which it
has been converted or exchanged and anything acquired by such conversion or
exchange, whether immediately or otherwise.
- s. 386 CPC allows the court to make an order for the forfeiture, confiscation,
destruction or delivery to any person of any property at the conclusion of any
inquiry or trial in any criminal court

• Applies where there is an inquiry or trial in any criminal court: s 386(1)


• Power to deal with property regarding which any offence is or was alleged to have
been committed or which appears to have been used for the commission of any
offence: s 386(2)
 Eg get away car
• “property” includes property originally in possession/ under control of any party, but
also property into or for which it has been converted or exchanged etc: s 386(5)
 ie cash can be seized as well

• Court can make these disposal orders:


 Forfeiture or confiscation
 Destruction
 Delivery to any person
• Note that these powers are subject to special provisions in any other
Act applicable to the case, e.g. Customs Act, Misuse of Drugs Act,
Immigration Act, etc.
• Examples of orders: (a) To respective owners; (b) to police for disposal; (c) for
Disposal Inquiry (if there is dispute as to who shld get the item); (d)
Forfeited/confiscated for destruction eg drugs

Procedure of Disposal Inquiry


• Disposal without inquiry (no competing claims).
• Disposal Inquiry (competing claims).
 Opening Address where prosecutor presents facts surrounding seizure of
property. Prosecutor presents facts surrounding the seizure of the property and
state the result or outcome of any trial held.
 Notes of Evidence presented to court
 Examination of Witnesses to assist in determining who is entitled to possession
 Prosecution witnesses followed by contesting parties
 Submissions
 Order of Court whereby delivery of property made to person court thinks is
entitled to possession.
 Or it is confiscated, forfeited, destroyed, for DI etc.

Applicable Principles
· A Disposal Inquiry is intended to be an inexpensive and expeditious manner of
distributing items produced in the course of investigations or at trial.
· Purpose of DI is to determine person who is entitled to the possession of the property
except where possession is unlawful.
· Such an inquiry is not conclusive as to title. The rightful owner can and should assert
his rights in a separate civil trial.
· Court has a wide discretion in making an order.
· Relevant Cases: Magnum Finance Bhd v PP, Thai Chong Pawnshop Pte Ltd v
Vankrisappan

Sim Cheng Ho v Lee Eng Soon [1998] 1 SLR 346


- 3 vehicles belonging to complainant and company. A Nissan, Pick-up and a Van. The
Nissan was owned by a Mrs. Sim. The pick up and the Van was owned by a dormant
company controlled by her. The Nissan was transferred to Mrs. Sim’s hubby
(respondent) and pick up and Van transferred to his company between August &
December 1994. In 1995, Mrs. Sim lodged a police report that her signatures on the
instruments of transfer were forged. Police investigation followed. The vehicles were
seized from respondent’s possession during the police investigation.
- Later in 1995, Mrs. Sim died and left all property to her trustees (executors were
petitioners) to hold on trust for her mother. The Police decided not to prosecute the
respondent. Disposal Inquiry held because qn as to what was to be done with trust.
- Held: Magistrate ordered that the vehicles be delivered to the respondent.
• A disposal inquiry under s392 CPC (or generally) intended to be an inexpensive
and expeditious manner of distributing items produced in the course of
investigations and at trial (Thai Chong Pawnshop Pte Ltd v Vankrisappan).
• DI not conclusive as to title. The rightful owner can and should assert his rights in
a separate civil suit. (*this principle not factually followed in subseq cases)
• No right of appeal against an order: Sofian & Anor v PP [’70] 2 MLJ 272
• If there is a fundamental error occasioning a clear failure of justice, the High
Court may exercise its revisionary jurisdiction: Magnum Finance Bhd v PP
• DI Magistrate must look at facts to ascertain who is entitled to possession/who
appears to be entitled to possession (*possession as opposed to ownership ie
inquiry not deep one)
• Magistrate’s order has no impact on civil court, which is correct forum to test
complex issues of fact & law.
• Party aggrieved by DI decision should file civil proceedings; petition for revision
inappropriate because HC’s revisionary powers will be exercised only where there
has been a fundamental error occasioning a clear failure of justice.
• Petitioners ought to have filed civil proceedings for conversion.
• If civil suit not completed before DI, petitioners could persuade DI magistrate to
 Release vehicles to respondent on bond to return them if civil suit is in
their favour, or
 Retain vehicles or proceeds in court custody subject to order of civil court.

• Thai Chong Pawnshop v Vankrisappan [’94] 2 SLR 414: DI not conclusive as to


title. Rightful owner can and should assert rights in separate civil suit

• No right of appeal against disposal order: Sofian & Anor v PP [’70] 2 MLJ 272; If
there is fundamental error occasioning clear failure of justice, High Court may
exercise revisionary jurisdiction. DI Magistrate must look at facts to ascertain party
entitled to possession.

• Order made at DI has no impact on civil court, which is correct forum to test complex
issues of fact and law.

• Party aggrieved by DI decision should file a civil proceedings; petition for


revision not appropriate route (because of when revisionary powers will be
exercised in favour of petitioner).In this case, petitioners ought to have filed civil
proceedings for conversion.

• If civil suit not completed prior to DI, petitioners could persuade DI Mag to (a)
release vehicles to respondent on bond to return to them if civil suit is in their
favour, OR (b) retain vehicles or proceeds in court custody subject to order of
civil court.

Wang Wang Pawnshop PteLtd & others v KJ Tiffany & other [2004] 2 SLR 222
- jewellery seized, shld they be returned to pawnshop owners or to the jewellers?
- At DI district judge ordered most of items to be ordered to orig owners; pawn shop
unhappy and filed for criminal revision
- Application for Criminal Revision on a DI decision (argued fundamental error of law
resulting in clear failure of justice”
- Judge presiding over DI not obliged “simply restore the items to the last person in
lawful possession””
- Ownership / title was examined––whether person who pawned jewellery to pawnshop
had title to pledge ––nemo dat quod non habet
- Nevertheless, petitioners should have commenced civil proceedings to determine title
- ie paid lip service to sim cheng ho case though factually strayed from it
- found tt person who had pawned jewellery to shop had no title to pledge =>
pawnshop had no good title so jewellery went back to the jewellers
- ie court can determine title for property

Forfeiture – General

• Black’s Law Dictionary - “forfeiture” = “a loss of some right or property as a penalty


for some illegal act”

When is forfeiture of property mandatory and when is it discretionary?


• depends on statutory interpretation of the relevant legislative provisions

Forfeiture – Mandatory:

• Section 123(2) Customs Act: “An order for the forfeiture of goods shall be made if it
is proved to the satisfaction of the court that an offence under this Act has been
committed and that the goods were the subject matter of, or were used in the
commission of, the offence, notwithstanding that no person may have been convicted
of the offence.”
• Prosecution only needs to show that:
• Goods were subject matter of OR were used in commission of the offence.
• Once prosecution is able to show this and makes the decision to proceed with
the application for forfeiture, court must forfeit.

Meaning of “used in the commission of the offence”- nexus with offence

PP v Mayban Finance (Singapore) Ltd [1998] 1 SLR 462


- Lorry used to transport immigration offender from his place to the construction site
where he stayed. The issue here was whether lorry was used in the “commission of
the offence” of employing the immigration offender.
- Held: Usage of vehicle need not be an essential ingredient of the offence. Test was
whether vehicle was “directly related and substantially connected” to the
offence. Providing transport to the workers was part and parcel of employing
workers. Transport is an incident of employment. Use of lorry was therefore
substantially connected with the employment of the illegal workers.
- Goods are “used in the commission of the offence” if they are “directly related
and substantially connected to” the commission of the offence.
- As long as the goods are directly related to the offence, it does not matter that the
usage of the goods was not an essential ingredient of the offence.
- Eg smuggling – offence only involves bringin in duty unpaid goods – how goods are
hidden is not essential ingreidient of the offence but directly related and hence related
to forfeiture

PP v Moey Keng Kong [2001] 4 SLR 211


- Clear case – offence committed and vehicle used to convey the goods

• Other examples: s 45 RTA, s 49(6) Immigration Act. No DI needs to be held. In many


statutes, court has to make a mandatory order for forfeiture of the property once
certain preconditions are met.

Forfeiture – Discretionary

s386(2) CPC
• an omnibus provision that creates general power of forfeiture with respect to property
produced before court regarding which any offence appears to have been committed
or which has been used for commission of any offence; complementary to specific
forfeiture provisions contained in other legislation
• residual role (for use when relevant legislation does not deal with disposal of
property)
o Magnum Finance v PP [’96] 2 SLR 523

Principles governing exercise of discretion to forfeit under s 386(2) CPC:


• whether property (usually vehicle) owned by offender; If not, then degree of owner’s
complicity, i.e. whether he connived, participated, had Nelsonian knowledge of
commission of offence,
• whether owner benefited from commission of offence
• value of property-
o whether forfeiture proportionate to gravity of offence and maximum
penalty prescribed
• deterrence of potential offenders
o relevant only where forfeited property belongs to accused or someone
tainted with complicity
• extent of use of vehicle in commission of offence
o relevant only in context of a continuing offence where pty used on several
occasions for illegal purposes
• whether claimant could not reasonably have taken any preventive measures regarding
use of property in commission of offence.
o (see Chandra Kumar v PP [’95] 3 SLR 123; Magnum Finance v PP)

• Other example of discretionary forfeiture:


o Specific provision - section 28(1) MDA: “Where a person has been convicted
of an offence under this Act, the court may order to be forfeited to the Govt
any ship, hovercraft or aircraft which has been proved to have been used in any
manner in connection with the offence.”
• In other statutes such as Section 386 of the CPC, Section 28 of the Misuse of Drugs
Act and Section 20(4) EPHA, court still retains discretion despite the fact that the
property in question was used in commission of the offence.

B, Accused Persons of Unsound Mind

Two distinct issues


o Unsoundness of mind in relation to fitness to plead – mad at time of trial
o Unsoundness of mind as a defence to the charge – mad at time of offence

- When the accused is brought before the Court, and is suspected to be of unsound
mind, the Court may remand the accused for observation in a mental hospital, and fix
the case for further mention to receive the psychiatric report on the observation
[Section 308, 309]
- When the psychiatric report is presented to the Court, the Court will have to
determine whether the accused is fit to stand trial [Section 309]
- If the accused is not fit to stand trial the Court may release him on bail if the offence
is bailable or else report the case to the Minister

• s 308(5) CPC - PP may apply to Court before trial for accused to be remanded at
mental hospital (IMH) for observation for up to 1 mth if there is suspicion of
unsoundness of mind;
• s 308(1) CPC - Court to investigate if reasonable suspicion of unsoundness of mind
and consequent incapability to make defence

• s 308(3) CPC - Court power to send accused to IMH for observation up to 1 mth
if not satisfied accused capable of making defence; s 308(4) - potential extension of
observation period

• s 309 CPC - Medical superintendent will certify accused’s state of mind and fitness
to make his defence. Court may or may not agree with assessment.
o If capable of making defence - trial proceeds
o If incapable of making defence - trial postponed.

Procedure when accused is suspected to be of unsound mind.


308. —(1) When a Judge or District Judge holding a trial or a Magistrate holding or
about to hold an inquiry or trial has reason to suspect that the accused is of unsound mind
and consequently incapable of making his defence, the Judge, District Judge or
Magistrate, as the case may be, shall in the first instance investigate the fact of such
unsoundness.
(2) Such investigation may be held in the absence of the accused person if the court is
satisfied that owing to the state of the accused’s mind it would be in the interests of the
safety of the accused or of other persons or in the interests of public decency that he
should be absent, and the court may receive as evidence a certificate in writing signed by
a medical officer to the effect that the accused person is in his opinion of unsound mind
or is a proper person to be detained for observation in a mental hospital, or the court may,
if it sees fit, take oral evidence from a medical officer on the state of mind of the accused
person.
(3) If the Judge, District Judge or Magistrate, as the case may be, is not satisfied that that
person is capable of making his defence, the court shall postpone the inquiry or trial and
shall remand that person for a period not exceeding one month to be detained for
observation in a mental hospital.
(4) The medical superintendent shall keep that person under observation during the
period of his remand and before the expiry of that period shall either in person or in
writing certify to the court his opinion as to the state of mind of that person, and if he is
unable within that period to form any definite conclusion, shall so certify to the court and
shall ask for a further remand. Such further remand may extend to a period of two
months.
(5) Any court before which a person suspected to be of unsound mind is accused of any
offence may, on the application of the Public Prosecutor, made at any stage of the
proceedings before the trial, order that that person be sent to a mental hospital for
observation. The medical superintendent may, notwithstanding any other provision of
law, detain any such accused person for such period, not exceeding one month, as may be
necessary to enable him to form an opinion as to the state of mind of that person, and
shall forward a copy of his opinion, in writing, to the Public Prosecutor.
[307
Certificate of medical superintendent.
309. —(1) If the medical superintendent certifies that the accused person is of sound
mind and capable of making his defence, the court shall, unless satisfied to the contrary,
proceed with the inquiry or trial, as the case may be.
(2) If the medical superintendent certifies that that person is of unsound mind and
incapable of making his defence, the Judge, District Judge or Magistrate shall unless
satisfied to the contrary, find accordingly, and thereupon the inquiry or trial, as the case
may be, shall be postponed but if the Judge, District Judge or Magistrate is satisfied that
the accused person is of sound mind and capable of making his defence the court shall
proceed with the inquiry or trial, as the case may be.
(3) The trial of the issue as to whether or not the accused person is of unsound mind and
incapable of making his defence shall, if the finding is that he is of sound mind and
capable of making his defence, be deemed to be part of his trial before the court.
(4) The certificate of the medical superintendent shall be receivable as evidence under
this section.
(5) If the accused person is certified to be of unsound mind and incapable of making his
defence it shall not be necessary for him to be present in court during proceedings under
this section and he may be detained in a mental hospital pending an order under section
310.

· Section 310 – release of person of unsound mind pending investigation or trial

• s 310 CPC - conditions for release(bailable) of accused who is found incapable of


making defence, or continued confinement(non-bailable)
Release of person of unsound mind pending investigation or trial.
310. —(1) Whenever an accused person is found to be of unsound mind and incapable of
making his defence, the court, if the offence charged is bailable, may, in its discretion,
release him on sufficient security being given that he will be properly taken care of and
will be prevented from doing injury to himself or to any other person, and for his
appearance when required before the court or such officer as the court appoints in that
behalf.
(2) If the offence charged is not bailable or if sufficient security is not given, the court
shall report the case to the Minister who may, in his discretion, order the accused to be
confined in a mental hospital or other suitable place of safe custody and the court shall
give effect to the order.
(3) Pending the order of the Minister the accused may be remanded for detention in a
prison, mental hospital or other suitable place of safe custody.

• s 312 CPC - accused released under s310 may be brought before court and s308
procedure of assessing fitness repeats

Resumption of inquiry or trial.


311. Whenever an inquiry or trial is postponed under section 308 or 309 the court may at
any time reopen the inquiry or commence the trial de novo and require the accused to
appear or be brought before the court.
[310
Resumption of proceedings under section 308.
312. When the accused has been released under section 310 the court may at any time
require the accused to appear or be brought before it and may again proceed under
section 308.

• s 313 - 315 CPC: If Accused is of sound mind at the time of trial, but was unsound
at time of offence, case proceeds.
• Accused will be acquitted
o “…he was by reason of unsoundness of mind incapable of knowing the nature
of the act alleged as constituting the offence or that it was wrong or contrary
to law”
• Order of acquittal on grounds of unsoundness of mind must state if Accused
factually did the act constituting the offence
• If yes, court shall order custody of Accused and report case to Minister of Law, who
will decide on confinement of Accused at President’s pleasure.

o If the accused is fit to stand trial and to plead, the Court will proceed with the trial or
inquiry. [Section 314 and 315; Section 313]

o Section 313 – when accused appears to have been of unsound mind


· Section 314 – judgment of acquittal on ground of mental disorder
· Section 315 – safe custody of person acquitted
· Where the Court proceeds with a trial, the accused has to be acquitted if he was of
unsound mind when he committed the offence, but the case has to be reported to the
Minister and the accused has to be remanded pending the Minister’s Order - [Section
314, 315].

When accused appears to have been of unsound mind.


313. When the accused appears to be of sound mind at the time of any inquiry before a
Magistrate’s Court and the Court is satisfied from the evidence given before it that there
is reason to believe that the accused committed an act which if he had been of sound
mind would have been an offence and that he was at the time when the act was
committed by reason of unsoundness of mind incapable of knowing the nature of the act
or that it was wrong or contrary to law, the Court shall proceed with the case and, if the
accused ought otherwise to be committed to the High Court, send him for trial.
[312
Judgment of acquittal on ground of mental disorder.
314. Whenever any person is acquitted upon the ground that at the time at which he is
alleged to have committed an offence he was by reason of unsoundness of mind
incapable of knowing the nature of the act alleged as constituting the offence or that it
was wrong or contrary to law, the finding shall state specifically whether he committed
the act or not.
[313
Safe custody of person acquitted.
315. —(1) Whenever the finding states that the accused person committed the act alleged,
the court before which the trial has been held shall, if that act would but for incapacity
found have constituted an offence, order that person to be kept in safe custody in such
place and manner as the court thinks fit and shall report the case for the orders of the
Minister.
(2) The Minister may order that person to be confined in a mental hospital, prison or
other suitable place of safe custody during the President’s pleasure.

o Persons confined under Section 310 or 315. (See Section 316, 318 & 319 of the CPC)

• s 317 CPC - accused confined under s 310 may be brought before court and trial
proceeded with if certified capable to make defence
• s 319 CPC - friend or relative of accused confined under s 310 may take custody of
accused
o Minister must first be satisfied that the person will be properly taken care of
and prevented from doing injury to himself or others.

Visiting of prisoners of unsound mind.


316. When any person is confined under section 310 or 315 the medical officer of the
prison, if that person is confined in a prison, or the visitors of the mental hospital, or
any two of them, if he is confined in a mental hospital, may visit him in order to
ascertain his state of mind, and he shall be visited once at least in every 6 months by
that medical officer or by two of those visitors, and the medical officer or visitors shall
make a special report to the Minister as to the state of mind of that person.
Procedure when person of unsound mind reported able to make defence.
317. When any person is, under section 310, confined —
(a) in a prison and is certified by the medical officer thereof to be capable of making his
defence; or
(b) in a mental hospital and is similarly certified by the medical superintendent and any
two visitors thereof,
that person shall be taken before the court at such time as the court appoints, and the
court shall proceed with the trial or inquiry, as the case may be, and the aforesaid
certificate shall be receivable as evidence.

Procedure when person of unsound mind reported fit for discharge.


318. If the medical officer of a prison or the medical superintendent and two visitors of
a mental hospital in which a person is confined under section 310 or 315 certify that
that person in his or their judgment may be discharged without danger of his doing
injury to himself or to any other person, the Minister may thereupon order him to be
discharged or to be detained in custody or in prison or to be transferred to a mental
hospital if he has not been already sent to a mental hospital, and, in case he orders him
to be transferred to a mental hospital, may appoint a commission consisting of a
Magistrate and two medical officers to make formal inquiry into the state of mind of
that person, taking such evidence as is necessary, and to report to the Minister, who
may order his discharge or detention as he thinks fit.

Delivery of person of unsound mind to care of relative.


319. —(1) Whenever any relative or friend of any person confined under section 310 or
315 desires that that person be delivered over to his care and custody, the Minister,
upon the application of that relative or friend and on his giving security to the
satisfaction of the Minister that the person delivered will be properly taken care of and
will be prevented from doing injury to himself or to any other person, may, in his
discretion, order that person to be delivered to that relative or friend:
Provided that if the person is confined under section 310, the Minister may further
require the relative or friend to give security to the satisfaction of the Minister that if at
any time it appears to the Minister that that person is capable of making his defence,
that relative or friend will produce that person for trial.
(2) Whenever such person is so delivered it shall be upon condition that he shall be
produced for the inspection of such officer and at such times as the Minister directs.
(3) Sections 316 and 318 shall mutatis mutandis apply to persons delivered under this
section.

C. Juvenile Proceedings

- Section 2 of the CYPA1 defines a child and a young person.


 A “child” means a person who is below the age of 14 years
 a “young person” means a person who is 14 years of age or above and below
the age of 16 years.
1
Children and Young Persons Act (Cap. 38)
 A “juvenile” means person 7 years of age and above and below 16 years of
age.

o Section 2 of the CPC

"youthful offender" includes any child convicted of any offence punishable by fine or
imprisonment who in the absence of legal proof to the contrary is above the age of 7
and under the age of 16 years in the opinion of the court before which the child is
convicted;

· The Court has the power to make an inquiry as to the age of a person. This is
provided in Section 21. There is also a presumption under Section 43 as to the age of
the person.

Principles

- s 235 - Conviction of youthful offender


o Court may deal with him under the CYPA instead of sentencing him to pay a fine
or to imprisonment

Youthful offender may be dealt with in manner provided by the Children and
Young Persons Act, instead of being imprisoned.
235. When any youthful offender is convicted before any criminal court of an offence
punishable by fine or imprisonment or by both, and whether or not the law under which
the conviction is had provides that fine or imprisonment or both shall be imposed upon
the person so convicted, that court may, instead of sentencing the youthful offender to
pay a fine or awarding any term of imprisonment in default of payment of the fine, or
of passing a sentence of imprisonment of any kind, deal with the youthful offender in
the manner provided by the Children and Young Persons Act.

 Section 229 of the CPC.- caning awarded at any one trial not to exceed 10 strokes -
caning shall be inflicted with a light rattan

Mode of executing such sentence.


229. —(1) When the accused is sentenced to caning the number of strokes shall be
specified in the sentence. In no case shall the caning awarded at any one trial exceed 24
strokes in the case of an adult or 10 strokes in the case of a youthful offender, anything
in any Act to the contrary notwithstanding.
(2) Caning shall be inflicted on such part of the person as the Minister from time to
time generally directs.
(3) The rattan shall be not more than 1.27 centimetres in diameter.
(4) In the case of a youthful offender caning shall be inflicted with a light rattan.

 Section 213 of the CPC- Sentence of death shall not be pronounced against accused if
at the time when the offence was committed he was under the age of 18 years - To be
detained during the President’s pleasure instead (e.g. Anthony Ler’s case)
No sentence of death against person under 18 years.
213. Sentence of death shall not be pronounced on or recorded against a person
convicted of an offence if it appears to the court that at the time when the offence was
committed he was under the age of 18 years but instead of that the court shall sentence
him to be detained during the President’s pleasure, and, if so sentenced, he shall be
liable to be detained in such place and under such conditions as the President directs,
and while so detained shall be deemed to be in legal custody.

Governing Consideration

 Section 28 of the CYPA: welfare of the child or young person


General consideration
28. —(1) Every court in dealing with a child or young person who is brought before it,
either as being in need of care or protection, or as an offender or otherwise, shall have
regard to the welfare of the child or young person and shall, in a proper case, take steps
for removing him from undesirable surroundings, and for securing that proper provision
is made for his education and training.
(2) A court shall not order a child below the age of 10 years to be sent to an approved
school, a remand home or place of detention unless for any reason, including the want
of a fit person of his own religious persuasion who is willing to undertake the care of
him, the court is satisfied that he cannot suitably be dealt with otherwise.

Treatment during Investigation

 Section 29 of the CYPA: not to associate with adult offenders while in detention,
being conveyed to or from court or while waiting before or after attending court

Children and young persons not to associate with adult offenders


29. No child or young person while detained in a police station or while being
conveyed to or from any court, or while waiting before or after attending in any
criminal court, shall be permitted to associate with an adult (not being a relative) who is
charged with an offence other than an offence with which the child or young person is
jointly charged.

 Section 30 of the CYPA: Juvenile arrested shall be brought before a Juvenile Court or
Magistrate who shall release him on a bond entered into by his parent/guardian/other
responsible person to secure his attendance upon the hearing of the charge

 3 Exceptions:
(1) Offence triable only by the High Court
(2) Necessary in his interest to remove him from association with any undesirable person
(3) His release would defeat the ends of justice
Bail of children and young persons arrested
30. —(1) Where a person apparently below the age of 16 years is arrested with or
without warrant, he shall be brought before a Juvenile Court.
(2) Where the person cannot be brought immediately before a Juvenile Court, the
officer making the arrest shall, without unnecessary delay, take or send the person
arrested before a Magistrate who shall inquire into the case and unless —
(a) the charge is one of an offence triable only by the High Court;
(b) it is necessary in the interest of that person to remove him from association with any
undesirable person; or
(c) the Magistrate has reason to believe that the release of that person would defeat the
ends of justice,
the Magistrate shall release that person on a bond, with or without sureties, for such
amount as will, in the opinion of the Magistrate, secure the attendance of that person
upon the hearing of the charge, being entered into by his parent or guardian or other
responsible person.

 Section 53 of the CYPA: Juvenile arrested and not released on bail may be remanded
in a remand home by any police officer until he can be brought before a court

Custody of children and young persons not released on bail


53. —(1) The Minister may provide or appoint such remand homes as may be required
for the purposes of this Act.
(2) Whenever any person apparently below the age of 16 years has been arrested and is
not released on bail, any police officer shall, notwithstanding anything to the contrary
in any other written law, cause that person to be remanded in a remand home until he
can be brought before a court unless the officer certifies —
(a) that it is impracticable to do so;
(b) that he is of so unruly a character that he cannot be safely so remanded; or
(c) that by reason of his state of health or of his mental or bodily condition it is
inadvisable to so remand him,
(3) The certificate shall be produced to the court before which the person is brought.

 Section 54 of the CYPA states that a child or a young person not released on bail shall
be remanded in custody in a remand home, instead of in a prison.

Remand of or committal to custody in remand home


54. —(1) A court on remanding a child or young person who is not released on bail
shall, notwithstanding anything to the contrary in any other written law, instead of
remanding him in custody in a prison, remand him in custody in a remand home named
in the order of remand for the period for which he is remanded or until he is from that
place delivered in due course of law.
(2) A court committing for trial a child or young person who is not released on bail
shall, notwithstanding anything to the contrary in any other written law, instead of
committing him to prison, commit him to a remand home, to be remanded there for the
period for which he is committed or until he is delivered from that place in due course
of law.
(3) Notwithstanding subsection (1), any person whilst being subject to the jurisdiction
of the Juvenile Court who has attained the age of 16 years but is below the age of 19
years may be remanded at a remand home.
(4) Notwithstanding subsections (1) and (2), in the case of a young person it shall not
be obligatory on the court to remand him in or commit him to a remand home under
those subsections if the court certifies that it is impracticable to do so, or that he is of so
unruly a character that he cannot be safely so remanded or committed, and in that case
the court may remand the young person to custody in, or may commit him to, a prison.
(5) An order of remand or committal under this section may be varied or, in the case of
a young person who proves to be of so unruly a character that he cannot be safely
remanded in a remand home, revoked by any court; and if it is revoked the young
person may be remanded in custody in, or committed to, a prison.
(6) The order or judgment in pursuance of which a child or young person is committed
to custody in a remand home shall be delivered with the child or young person to the
person in charge of the remand home and shall be sufficient authority for his remand in
that place in accordance with the tenor thereof.
(7) A child or young person while so remanded, and while being conveyed to and from
the remand home, shall be deemed to be in lawful custody, and if he escapes may be
apprehended without warrant and brought back to the remand home in which he was
remanded.

Juvenile Proceedings

 Section 32 of the CYPA - Presiding Magistrate sits alone when finding the facts but
with 2 advisors when dealing with the child or young person

Constitution of Juvenile Court


32. —(1) A Juvenile Court shall be presided over by a Magistrate nominated by the
President.
(2) If at any time, by reason of illness or other emergency, the Magistrate nominated
under subsection (1) is not available, any Magistrate, although not so nominated, may
preside over a Juvenile Court.
(3) The presiding Magistrate, when determining the method of dealing with a child or
young person in respect of whom a written report is obtained by the Juvenile Court
regarding his background, family history, school record or such other matters, shall sit
with 2 advisers from a panel of advisers nominated by the President except that where it
appears that the Court cannot without adjournment be fully constituted and that an
adjournment would be inexpedient in the interests of justice, he may sit with one
adviser or he may sit alone.
(4) Except as modified or extended by this Act, the provisions of the Criminal
Procedure Code (Cap. 68) shall apply to a Juvenile Court as if that Court were a
Magistrate’s Court.

 Section 33(1) of the CYPA: trial of child or young person to be by Juvenile Court,
unless:
o offence triable only by the High Court eg anthony ler case – murder so tried in
HC even though juvenile
 tried by High Court unless PP applies and legal representative of child
or young person agrees for Juvenile Court to try offence: s 33(2)
o child or young persons jointly charged with person who has attained 16 years
of age - charge heard by court of appropriate jurisdiction: s 33(3)
o proceedings before court of appropriate jurisdiction already underway before
it becomes apparent that accused is child or young person: s 33(4)
o Juvenile Court has jurisdiction to try all offences which would be triable by a
Magistrate’s Court, a District Court or the High Court: s 33(5) and caveat in s
33(2)

 3 exceptions. Section 33(2), (3) & (4)

Jurisdiction of Juvenile Court


33. —(1) Subject to the provisions of this section, no child or young person shall be
charged with or tried for any offence by a court of summary jurisdiction except a
Juvenile Court.
(2) Where a child or young person is charged with any offence triable only by the
High Court, he shall be tried by the High Court unless —
(a) the Public Prosecutor applies to the Juvenile Court to try such offence; and
(b) the legal representative of the child or young person concerned consents to the
offence being tried by the Juvenile Court.
(3) Where a charge is made jointly against a child or young person and a person who
has attained the age of 16 years, the charge shall be heard by a court of appropriate
jurisdiction other than a Juvenile Court.
(4) Where, in the course of any proceedings before any court of appropriate
jurisdiction other than a Juvenile Court, it appears that the person to whom the
proceedings relate is a child or young person, the court may, notwithstanding
subsection (1), proceed with the hearing and determination of the proceedings if it
thinks fit.
(5) A Juvenile Court shall have jurisdiction to try all offences which, but for
subsections (1) and (2), would be triable only by a Magistrate’s Court, a District Court
or the High Court.
(6) A person who has attained the age of 16 years on the date of commencement of the
hearing of the charge shall not be tried for any offence by a Juvenile Court.
(7) Where in the course of any trial before a Juvenile Court the child or young person to
whom the trial relates attains the age of 16 years, nothing in subsection (6) shall prevent
the Juvenile Court, if it thinks fit, from proceeding with the trial and dealing with the
child or young person in accordance with the provisions of this Act.
(8) In this section, “legal representative”, in relation to a child or young person who is
charged with an offence, includes any person assisting the child or young person in his
defence to the charge.

Jurisdiction of a Juvenile Court


o A person who has attained the age of 16 on the date of commencement of the hearing
of the charge shall not be tried for any offence by a Juvenile Court (s33 (6)), i.e. age
on first day of trial.
o Supersedes Ho Boon Thong v Public Prosecutor [1992] 1 SLR 756 which held that
the age of the offender at the time of the commission of the offence determines the
jurisdiction of the juvenile court.
o Possible rationale: Cease to warrant special protection of juvenile trial procedures
under Section 42 CYPA if no longer a juvenile at the time of trial.
o Also avoids difficulty of determining when the offence was committed and his age
then.

o The powers of the Juvenile Court in imposing “punishments” are given in Section 44
CYPA.
Powers of Juvenile Courts on proof of offence
44. —(1) Subject to the provisions of this section, where a Juvenile Court is satisfied
that an offence has been proved, or where the child or young person (referred to in this
section as the offender) admits the facts constituting the offence, the Court shall, in
addition to any other powers exercisable by virtue of this Act or any other written law
for the time being in force, have power —
(a) to discharge the offender;
(b) to discharge the offender upon his entering into a bond to be of good behaviour and
to comply with such order as may be imposed;
(c) to commit the offender to the care of a relative or other fit person for a period to be
specified by the Court;
(d) to order his parent or guardian to execute a bond to exercise proper care and
guardianship and to abide by such order as the Court may make in relation to the
welfare, maintenance and rehabilitation of the offender;
(e) to make a probation order requiring the offender to be under the supervision of a
probation officer or a volunteer probation officer for a period of not less than 6 months
and not more than 3 years;
(f) to make an order, in accordance with the prescribed requirements, requiring the
offender to perform community service, not exceeding 240 hours in aggregate, of such
nature and at such time and place and subject to such conditions as may be specified by
the Court;
(g) to order the offender to be detained in a place of detention for a period not
exceeding 6 months;
(h) to order the offender to be detained in a place of detention or an approved institution
over such number of weekends, not exceeding 52, as the Court thinks fit;
(i) to order the offender to be sent to an approved school for a period of not less than 2
years and not more than 3 years;
(j) to order the offender to pay a fine, damages or costs;
(k) to order the offender to be brought before a District Court to be dealt with under
section 13 of the Criminal Procedure Code (Cap. 68) if the offender —
(i) has attained the age of 16 years; or
(ii) having attained the age of 14 years but being below the age of 16 years, has
previously been dealt with by a court in connection with another offence and had, in
respect of that other offence, been ordered under paragraph (i) to be sent to an approved
school established under section 64,
and the Juvenile Court is satisfied that it is expedient with a view to his reformation that
he should undergo a period of training in a reformative training centre.
(2) For the purpose of subsection (1), the Juvenile Court shall have power —
(a) to make the orders referred to in subsection (1) (b), (c), (d), (e), (f), (g), ( h), (i) and
(j) singly, or combine, in such manner as it thinks just and expedient in the
circumstances —
(i) any 2 or more of the orders referred to in subsection (1) (b), (c), (d), ( e), (f) and (j);
(ii) any order under subsection (1) (g) with any one or more of the orders referred to in
subsection (1) (d), (e) and (j);
(iii) any order under subsection (1) (h) with any one or more of the orders referred to in
subsection (1) (c), (d), (e), (f) and (j); or
(iv) any order under subsection (1) (i) with any one or more of the orders referred to in
subsection (1) (d) and (j); and
(b) without prejudice to paragraph (a) (ii) or (iii), to make an order under subsection (1)
(h) to run consecutively to an order under subsection (1) (g).
(3) Where the Juvenile Court makes an order under subsection (1) (g) for the detention
of an offender in a place of detention in combination with a probation order under
subsection (1) (e), the period of the offender’s detention shall not exceed 3 months.
(4) Where the Juvenile Court makes an order under subsection (1) (h) for the detention
of an offender over a weekend, the offender’s detention shall commence at 3 p.m. on
Saturday and end at 5 p.m. on the Sunday immediately following.
(5) If an offender, without reasonable excuse, contravenes any order made by the
Juvenile Court under subsection (1) (referred to hereinafter as the original order) or any
condition thereof, the Juvenile Court may make such order as is necessary for the
offender to be produced before it and thereafter, deal with the offender by —
(a) making any order that the Court is empowered to make under subsection (1);
(b) varying the original order or any condition thereof; or
(c) directing the offender to comply with the original order or any condition thereof to
the extent that the original order or condition thereof has not been complied with.
(6) Where an offender, while being detained in a place of detention or an approved
school pursuant to an order under subsection (1) (g) or (i), is found guilty of another
offence by the Juvenile Court, the Court may, instead of making a fresh order against
the offender under subsection (1) (g) or (i), extend the period of detention that is being
served by the offender.
(7) Where a Juvenile Court is satisfied, on the representations of the manager of a place
of detention, an approved school or an approved home, that a person ordered to be
detained in the place of detention, approved school or approved home is of so unruly a
character that he cannot be so detained, the Court may —
(a) order the person to be transferred to and detained in an approved school or in
another approved school, as the case may be, which the Court considers more suitable
for him and to be detained there for the whole or any part of the unexpired period of
detention; or
(b) order the person to be brought before a District Court to be dealt with under section
13 of the Criminal Procedure Code (Cap. 68) if the person —
(i) has attained the age of 16 years; or
(ii) having attained the age of 14 years but being below the age of 16 years, has
previously been dealt with by a court in connection with another offence and had, in
respect of that other offence, been ordered under subsection (1) (i) to be sent to an
approved school,
and the Juvenile Court is satisfied that it is expedient with a view to his reformation that
he should undergo a period of training in a reformative training centre.

Thus, It can:
· Discharge the offender either with or without a bond to be of good behaviour,
· Commit him to the care of a relative, (or lock him onto the bed posts!)
· Order his parent or guardian to execute a bond to exercise proper care and
guardianship,
· Make a probation order,
· Detain him in a place of detention for up to 6 months, (the dungeon!)
· Send him to an approved school for a period between 2 to 3 years, (RGS or CHIJ Toa
Payoh would be good. The dominatrix char bos from those school would whip the
bugger into shape )
· Fine the offender, (ya, use his pocket money to pay)
· Commit him to a Young Offenders section if he is a young person and
· If he is so unruly a character, or if he has reached 16 years, refer him to a District
Court with a view to sentencing him to RTC under Section 13 of the CPC.
· Require the offender to perform community service not exceeding 240 hours in
aggregate. (come vacuum my house lah)
· May be used singly or in combination with certain restrictions.

Restrictions in Juvenile Proceedings

o Restrictions on publication of information relating to proceedings involving children


and young persons, backed up by criminal sanctions: s35.

Restriction on publication of information relating to proceedings involving


children and young persons
35. —(1) Subject to subsection (2), no person shall —
(a) publish or broadcast any information relating to any proceedings in any court or on
appeal from any court that reveals the name, address or school or that includes any
particulars that are calculated to lead to the identification of any child or young person
concerned in the proceedings, either as being the person against or in respect of whom
the proceedings are taken or as being a witness therein; or
(b) publish or broadcast any picture as being or including a picture of any child or
young person so concerned in any such proceedings.
(2) The court or the Minister may, if satisfied that it is in the interests of justice so to
do, by order dispense with the requirements of subsection (1) to such extent as may be
specified in the order.
(3) If any information or picture is published or broadcast in contravention of
subsection (1), the following persons:
(a) in the case of the publication of any information or picture as part of a newspaper or
periodical publication, any proprietor, editor, publisher or distributor thereof;
(b) in the case of the publication of any information or picture otherwise than as part of
a newspaper or periodical publication, the person who publishes or distributes it; or
(c) in the case of the broadcast of any information or picture, any person who transmits
or provides the programme in which the information or picture is broadcast and any
person having functions in relation to the programme corresponding to those of the
editor of a newspaper or periodical publication,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding
$2,000 and, in the case of a second or subsequent conviction, to a fine not exceeding
$10,000.
(4) Subsection (1) shall be in addition to, and not in derogation from, the provisions of
any other written law with respect to the publication of information relating to judicial
proceedings.
(5) In this section —
"broadcast" means sounds or visual images broadcast by wireless telegraphy or by
means of a high frequency distribution system over wire or other paths provided by a
material substance and intended for general reception;
"publish" , in relation to any information or picture, means to bring the information or
picture to the notice of the public or a section of the public by any means.

o Conviction or finding of guilt of a child or young person disregarded for


purposes of any Act under which any disqualification or disability is imposed
upon convicted persons: s36 of the CYPA.:

Removal of disqualification or disability on conviction


36. A conviction or finding of guilt of a child or young person shall be disregarded for
the purposes of any Act under which any disqualification or disability is imposed upon
convicted persons.

o Words “conviction” and “sentence” not to be used in relation to children or


young persons dealt with by a Juvenile Court: s41 of the CYPA

Words “conviction” and “sentence” not to be used


41. —(1) The words “conviction” and “sentence” shall cease to be used in relation to
children and young persons dealt with by a Juvenile Court.
(2) Any reference in any written law to a person convicted, a conviction or a sentence
shall, in the case of a child or young person, be construed as including a reference to a
person found guilty of an offence, a finding of guilt or an order made upon such a
finding, as the case may be.

o There are certain restrictions in the punishment that can be meted out on children and
young persons. Please see s37 as against s231 CPC.
CYPA Restrictions on punishment of children and young persons
37. —(1) A child shall not be sentenced or ordered to be imprisoned for any offence or
be committed to prison in default of payment of a fine or costs.
(2) A young person shall not be ordered to be imprisoned for any offence, or be
committed to prison in default of a fine, damages or costs, unless the court certifies that
he is of so unruly a character that he cannot be detained in a place of detention or an
approved school.
(3) Notwithstanding the provisions of any other written law, no child or young person
shall be sentenced by any court other than the High Court to corporal punishment.

CPC Execution of sentence of caning in certain cases forbidden.


231. No sentence of caning shall be executed by instalments and none of the following
persons shall be punishable with caning:
(a) women;
(b) males sentenced to death;
(c) males whom the court considers to be more than 50 years of age.

o Child shall not be imprisoned whether in default of payment of fine or costs or


otherwise. See s37(1) of the CYPA.
o Similar treatment for young person unless court certifies that he is so unruly that he
cannot be detained in a place of detention or an approved school. See s37(2) of the
CYPA.
o Sentence of corporal punishment by the High Court: s 37(3)
 but see Ang Chin Sang v PP [1965-1968] SLR 720 which held that the
sentence of caning imposed by the magistrate on the appellant under the
Vandalism Act 1966 was a valid sentence
• but too old case – prob does not hold true anymore

· Section 39 refer to the powers of the Juvenile Court to order the fines imposed and
damages of costs ordered to be paid by parent or guardian of the child or young
person unless parent or guardian cannot be found or has not conduced to the
commission of the offence by neglecting to exercise due care of the child or young
person
o - order parent or guardian to pay damages or costs or give security for the good
behaviour of the child or young person without recording a finding of guilt
against the child or young person
·
Power to order parent or guardian to pay fine, etc., instead of child or young person
39. —(1) Where a child or young person is charged before a Juvenile Court with any
offence for the commission of which a fine may be imposed and damages or costs or
both may be awarded, and the Court is of the opinion that the case would be best met
by the imposition of all or any of those penalties whether with or without any other
punishment, the Court may, in such case, and shall, if the offender is a child, order that
the fine imposed and damages or costs awarded be paid by the parent or guardian of the
child or young person, unless the Court is satisfied that the parent or guardian cannot be
found or that he has not conduced to the commission of the offence by neglecting to
exercise due care of the child or young person.
(2) Where a child or young person is charged with any offence, a Juvenile Court may
order his parent or guardian to give security for his good behaviour.
(3) Where a Juvenile Court thinks that a charge against a child or young person is
proved, the Court may make an order on the parent or guardian under this section for
the payment of damages or costs or requiring him to give security for the good
behaviour of the child or young person, without proceeding to record a finding of guilt
against the child or young person.
(4) An order under this section may be made against a parent or guardian who, having
been required to attend, has failed to do so, but, subject to subsection (1), no such order
shall be made without giving the parent or guardian an opportunity to be heard.
(5) Any sum imposed and ordered to be paid by the parent or guardian under this
section, or on forfeiture of any such security, may be recovered from him in the manner
provided by the Criminal Procedure Code (Cap. 68) in like manner as if the order had
been made on the conviction of the parent or guardian of the offence with which the
child or young person was charged.

o S38: where there is a conviction for murder, culpable homicide, attempted murder or
voluntarily causing grievous hurt AND the court is of the opinion that none of the
other methods by which the case may be legally dealt with are suitable.
 Court may sentence offender to be detained for a specified period in such
place and on such conditions as the Minister may direct
 Offender may be released at any time by the Minister on licence.

Punishment of certain grave crimes


38. —(1) Where a child or young person is convicted of murder, or of culpable
homicide not amounting to murder, or of attempted murder, or of voluntarily causing
grievous hurt, and the court is of opinion that none of the other methods by which the
case may legally be dealt with is suitable, the court may sentence the offender to be
detained for such period as may be specified in the sentence.
(2) Where a sentence has been passed under subsection (1), the child or young person
shall, during that period, notwithstanding anything in the other provisions of this Act,
be liable to be detained in such place and on such conditions as the Minister may direct.
(3) A person detained in pursuance of the directions of the Minister under this section
shall, while so detained, be deemed to be in legal custody.
(4) Any person so detained may, at any time, be released by the Minister on licence.
(5) A licence referred to in subsection (4) may be in such form and contain such
conditions as the Minister may direct and may at any time be revoked or varied by the
Minister.
(6) Where a licence has been revoked, the person to whom the licence relates shall
return to such place as the Minister may direct, and if he fails to do so he may be
apprehended without warrant and taken to that place.

Powers of Juvenile Court on Proof of Offence


S44 CYPA
o Discharge the offender with or without bond for good behaviour
o Commit offender to the care of a relative or other fit person for a specified period
o Order his parent or guardian to execute a bond to exercise proper care and
guardianship
o Make a probation order of 6 months to 3 years.
o Require the offender to perform community service not exceeding 240hrs in
aggregate
o Detain offender for up to 6 months in a place of detention
o Detain offender in a place of detention or approved institution for up to 52 weekends
o Order offender to be sent to an approved school for between 2 to 3 years
o Order offender to pay fine, damages or costs
o Order offender to be brought before a District Court to be dealt with under s13 CPC
(ie.e for a sentence of reformative training)
o May be used singly or in combination with certain restrictions.

S39 CYPA
o Order that fine imposed and damages or costs awarded be paid by parent or guardian
unless parent or guardian cannot be found or has not conduced to the commission of
the offence by neglecting to exercise due care of the child or young person.
o Order parent or guardian to pay damages or costs to give security for the good
behaviour of the child or young person without recording a finding of guilt against the
child or young person.

S45 CYPA
o convene a family conference to deal with the offender by
o reprimanding the offender
o administering a formal caution to the offender against further committing
any offence
o requiring the offender to pay compensation to the victim
o requiring the offender to perform community service not exceeding 240
hours in the aggregate
o requiring the offender to apologise to the victim
o requiring the offender to do such other act as the family conference thinks
appropriate

Power to convene family conference to deal with child or young person guilty of
offence
45. —(1) Without prejudice to section 44, the Juvenile Court may, for the purpose of
dealing with a child or young person who has been found guilty of committing an
offence (referred to in this section as the offender), convene a family conference in
accordance with the prescribed requirements and a family conference so convened may
deal with the offender by —
(a) reprimanding the offender;
(b) administering a formal caution to the offender in the prescribed manner against
further committing any offence;
(c) requiring the offender to pay compensation to the victim of the offence in such
manner and of such amount as may be determined by the family conference;
(d) requiring the offender, in accordance with the prescribed requirements, to perform
community service, not exceeding 240 hours in the aggregate, of such nature and at
such time and place and subject to such conditions as may be specified by the family
conference;
(e) requiring the offender to apologise to the victim of the offence in such manner as
may be specified by the family conference; or
(f) requiring the offender to do such other act as the family conference thinks
appropriate in the circumstances.
(2) In exercising its powers under this section, the family conference shall —
(a) comply with the prescribed procedure; and
(b) have regard to the orders which may be made by the Juvenile Court under section
44 for dealing with a person who has been found guilty by the Court of a comparable
offence.
(3) If the offender fails —
(a) to attend at the time and place appointed for a family conference; or
(b) to comply with any requirement of the family conference,
the family conference shall report the matter to the Juvenile Court and the Court shall
thereupon make such order as is necessary for the offender to be produced before the
Court and thereafter deal with the offender as the Court thinks fit in accordance with
section 44.
(4) A person who attends a family conference (not being the offender, the parent or
guardian of the offender or any other member of the offender’s family) shall not
divulge any personal information obtained at the conference relating to any of those
persons.
(5) Any person who contravenes subsection (4) shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $1,000.

S46 CYPA
o Order either both child/young person and parent/guardian to undergo counselling,
psychotherapy or other activity for the purpose of resolving relationship problems
between them, rehabilitating the child/young person, enabling the parent/guardian to
manage the child/young person or enhancing or protecting the well-being and safety
of the child/ young person
o contravention of order is a criminal offence

Additional orders which may be made by Juvenile Court in relation to child or


young person found guilty of offence
46. —(1) Where a child or young person has been dealt with in connection with an
offence by a court or by a family conference, the Juvenile Court may, on its own motion
or on the application of the Director or a protector, make an additional order requiring
either or both the child or young person and the parent or guardian thereof to undergo
such counselling, psychotherapy or other programme or to partake in such activity as
the Court thinks necessary for the purpose of —
(a) resolving any relationship problems between the child or young person and the
parent or guardian thereof;
(b) rehabilitating or assisting in the rehabilitation of the child or young person;
(c) enabling the parent or guardian of the child or young person to manage the child or
young person; or
(d) enhancing, promoting or protecting the physical, social and emotional well-being
and safety of the child or young person.
(2) In making an order referred to in subsection (1), the Juvenile Court may require
the parent or guardian of the child or young person to enter into a bond to comply with
such order.
(3) Where the parent or guardian of any child or young person contravenes any order
made by the Juvenile Court under subsection (1), he shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $2,000.

WOMEN 2

The relevant provisions are Sections 352 CPC on bail for a female offender for a non-
bailable offence, and Section 231 CPC, which prohibits caning for women offenders.
Also a sentence of death is not to be passed on pregnant women (Section 214 CPC).

Sentence of death not to be passed on pregnant woman.


214. —(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 shall, before sentence is passed on her,
be determined by the court.
(2) If the woman is found to be pregnant, a sentence of imprisonment for life shall be
passed on her.
(3) If the woman is found not to be pregnant, she may appeal under the Supreme Court
of Judicature Act to the Court of Criminal Appeal against such finding, and that Court,
if satisfied that for any reason the finding should be set aside, shall quash the sentence
passed on her, and instead of it pass on her a sentence of imprisonment for life.
Execution of sentence of caning in certain cases forbidden.
231. No sentence of caning shall be executed by instalments and none of the following
persons shall be punishable with caning:
(a) women;
(b) males sentenced to death;
(c) males whom the court considers to be more than 50 years of age.
When person accused of non-bailable offence may be released on bail.
352. —(1) When any person accused of any non-bailable offence is arrested or detained
without a warrant by a police officer or appears or is brought before a court, he may be
released on bail by any police officer not below the rank of sergeant or by that court,
but he shall not be so released if there appear reasonable grounds for believing that he
has been guilty of an offence punishable with death or imprisonment for life:
2
This was not mentioned in the lecture but included nonetheless for completeness sake.
Provided that the court may direct that any person under the age of 16 years or any
woman or any sick or infirm person accused of such an offence be released on bail.
(2) If it appears to such officer or court at any stage of an investigation, inquiry or trial,
as the case may be, that there are not reasonable grounds for believing that the accused
has committed a non-bailable offence, but that there are grounds for further inquiry as
to whether the accused has or has not committed some other offence the accused shall,
pending such inquiry be released on bail, or at the discretion of that officer or court on
his own bond for his appearance as hereinafter provided.
(3) An officer or a court releasing any person under subsection (1) or (2) shall record in
writing his or its reasons for so doing.
(4) Any court may at any subsequent stage of any proceeding under this Code cause any
person who has been released under this section to be arrested and may commit him to
custody.

D. Contempt Of Court

Source of Power to Punish


o Criminal Procedure Code (Cap. 68)
o Subordinate Courts Act (Cap. 321)
o Supreme Court of Judicature Act (Cap. 322)

Criminal Procedure Code


o Chapter XXXII: Proceedings in case of certain offences affecting the administration
of justice

S320 of the CPC


o Any Civil or criminal court (other than the High Court) may detain offender in
custody if any offence in Section 175 (intentional omission to produce document),
Section 178 (refusing oath), Section 179 (refusing to answer question), Section 180
(refusing to sign statement) or Section 228 (intentional insult or interruption) of the
Penal Code is committed in its view or precence

o (can summarily try but almost often never used) Court may, if it thinks fit, and at any
time before the rising of the court on the same day, take cognizance of offence and
sentence and sentence offender to a fine not exceeding $500 or to imprisonment not
exceeding 3 months or both

o so section is rarely used

Procedure as to offences committed in court, etc.


320. When any such offence as is described in section 175, 178, 179, 180 or 228 of the
Penal Code is committed in the view or presence of any civil or criminal court other
than the High Court, the court may cause the offender to be detained in custody and at
any time before the rising of the court on the same day may, if it thinks fit, take
cognizance of the offence and sentence the offender to a fine not exceeding $500 or to
imprisonment for a term not exceeding 3 months or to both.
S322 CPC
o Court may direct the accused to be prosecuted

S323 CPC
o Court may in its discretion discharge the offender or remit the punishment upon the
offender’s submission to the Court’s order on apology being made to the Court’s
satisfaction.

s324 CPC
o If any witness in criminal court refuses to answer question or produce a document
without reasonable excuse, the court may imprison him for up to 7 days

S325 CPC
o Appeal from sentence to the High Court
o Rarely resorted to

Record of facts constituting the offence.


321. —(1) In every such case the court shall record the facts constituting the offence
with the statement, if any, made by the offender as well as the finding and sentence.
(2) If the offence is under section 228 of the Penal Code the record must show the
nature and stage of the judicial proceeding in which the court interrupted or insulted
was sitting and the nature of the interruption or insult.
Alternative procedure.
322. If the court, in any case considers that a person accused of any of the offences
referred to in section 320 and committed in its view or presence may be better dealt
with by ordinary process of law, the court, after recording the facts constituting the
offence and the statement of the accused as provided in section 321, may direct the
accused to be prosecuted and may require security to be given for the appearance of the
accused person before a Magistrate’s Court or, if sufficient security is not given, may
take that person under custody to a Magistrate’s Court.
Power to remit punishment.
323. When any court has under section 320 adjudged an offender to punishment for
refusing or omitting to do anything which he was lawfully required to do or for any
intentional insult or interruption, the court may, in its discretion, discharge the offender
or remit the punishment or any part of it on his submission to the order or requisition of
the court or on apology being made to its satisfaction.
Refusal to give evidence.
324. —(1) If any witness before a criminal court refuses to answer such questions as
are put to him or to produce any document in his possession or power which the court
requires him to produce and does not offer any reasonable excuse for such refusal, that
court may, for reasons to be recorded in writing, sentence him to imprisonment for a
term which may extend to 7 days unless in the meantime he consents to be examined
and to answer or to produce the document.
Form 54.
(2) In the event of his persisting in his refusal he may be dealt with according to section
320 or 322 notwithstanding any sentence he has undergone under this section.
Appeal.
325. —(1) Any person sentenced by any court under this Chapter may appeal to the
High Court.
(2) Chapter XXVIII shall, so far as it is applicable, apply to appeals under this section
and the appellate court may alter or reverse the finding or reduce, alter or reverse the
sentence appealed against.
Magistrate not to try certain offences committed before himself.
326. Except as provided in sections 320 and 324, no Magistrate shall try any person for
any offence referred to in section 129 when the offence is committed before himself or
in contempt of his authority or is brought under his notice as such Magistrate in the
course of a judicial proceeding.

Subordinate Court Act

S8 of the Act.
o Above powers are replicated here
o Power to punish for “contempt of court where the contempt is committed in the face
of a subordinate court or in connection with any proceedings in the subordinate
courts.”
o Court may impose imprisonment not exceeding 6 months or fine not exceeding
$2,000 or both
o Court may discharge offender or remit offender if it thinks it just to do so
Contempt
8. —(1) The subordinate courts shall have power to punish for contempt of court where
the contempt is committed —
(a) in the face of the court; or
(b) in connection with any proceedings in the subordinate courts.
(2) Where contempt of court is committed in the circumstances mentioned in subsection
(1), the court may impose imprisonment for a term not exceeding 6 months or a fine not
exceeding $2,000 or both.
(3) The court may discharge the offender or remit the punishment if the court thinks it
just to do so.
(4) In any case where the contempt is punishable as an offence under section 175, 178,
179, 180 or 228 of the Penal Code (Cap. 224), the court may, in lieu of punishing the
offender for contempt, refer the matter to the Attorney-General with a view to
instituting criminal proceedings against the offender.

Supreme Court of Judicature Act

- s 7 - Power of the High Court and Court of Appeal to punish for contempt of court.

Contempt
7. —(1) The High Court and the Court of Appeal shall have power to punish for
contempt of court.
(2) Wilful disposal by a garnishee, otherwise than in accordance with law or by leave of
the court, of any property attached in his hands or under his control by a notice of court,
shall be deemed to be contempt.
(3) Wilful disobedience by a corporation to any order punishable by attachment may be
punished by attachment of the directors or other officers of the corporation who are
responsible for, or are knowingly a party to, such wilful disobedience.

John Tan Khee Eng [1997] 3 SLR 382


o Respondent was an advocate and solicitor acting for the appellant in MA 249/96
o Appeal was fixed for hearing at 1000hrs on Tuesday, 29 April 1997.
o He requested for an adjournment by fax on Monday, 28 April 1007, pending his
handing over of the papers to the appellants’ new solicitors.
o Staff of the Sup Ct. telephoned the respondent and asked him to attend in court to
request for adjournment and make formal application to be discharged as counsel on
record for the appellant. Followed by a telephone call from AR.
o Respondent absent on Tuesday Morning at the hearing of the appeal
o CJ ordered the clown to be present at 1415hrs to explain why he did not turn up.
o Court staff managed to call him 1410hrs. He REFUSED to come to court citing short
notice and not having the requisite counsel’s robe as excuses. H
o Respondent declined staff’s suggestion to borrow a robe from the Bar Room and said
that he would send the court a letter of explanation.
o HE did not appear even though the court waited for him from 1415hrs to 1540hrs.
o The CJ ordered the Respondent to appear in court on Friday, 2 May 1997.
o Notice of such order was posted to respondent’s office and to his residential address
by local urgent mail on Wednesday morning.
o Respondent sent a fax on Tuesday afternoon asking for another date to be fixed
because he had urgent matters or commitments to attend to.
o He did not turn up on Friday and a warrant of arrest was issued against him.
o Respondent was brought to court on Tuesday 6 May 1997.
o He was found to be in contempt of court as his conduct was calculated to lower the
authority of the court. Ordered to be committed to prison for 7 days.
o Any other lawyer, following in his footsteps and is found guilty of contempt of court
will be committed to prison for a much longer period.

E. History of Criminal Procedure in Singapore

- Passed in 1900, the Criminal Procedure Code (Cap. 68) is the main source of criminal
procedure in Singapore.
- It endeavoured to bring “into the compass of one Ordinance the whole procedure with
regard to the administration of justice”.
- The most major re-enactment of the Criminal Procedure Code was in 1955, with
several other amendments made since 1956.
- The basic and essential features of the Criminal Procedure Code of Singapore were
derived from its Indian counterpart.
- Nevertheless, important differences exist between the two Codes.
- Principles of Construction
o Interpretation of the provisions of Criminal Procedure Code is best
appreciated within the annals of local case law. Malaysian cases may also be
useful especially where the local provision in question is in pari materia with
the Malaysian counterpart.
o Relevance of Indian Cases
 With the local Criminal Procedure Code being modelled on the Indian
Code, Indian decisions are naturally relevant where they relate to the
interpretation of similar provisions3.
o Relevance of Basic Common Law Tenets
 Like the Indian Code, the local Criminal Procedure Code rests on
certain fundamental common law conceptions.
o However, any recourse to common law and Indian/Malaysian cases is
unjustifiable where the Code is clear and unambiguous.
o Note: s 5 of the CPC allows importation of English Law if CPC is silent and
not in conflict with the Code. But in practice this provision is hardly applied
as the CPC is quite exhaustive.

F. Inherent Powers of the Courts?


- Section 4 of the Criminal Procedure Code is not a reflection of section 561(a) of the
Indian Code.
o The local courts are ‘creatures of statute’.
- Some academics have misconstrued the provisions of the Criminal Procedure Code to
suggest that the criminal courts possess inherent powers that empower them to do
anything necessary in the interest of justice, even where the Code is silent on a
particular situation.
o This roots of this argument stem from section 561(a) of the Indian Code,
which declares that, “nothing in this Code shall be deemed to limit or
affect the inherent power of the High Court to make such orders as may be
necessary to give effect to any order or otherwise to secure the ends of
justice”4.
- There is however no local counterpart to section 561(a) of the Indian Criminal
Procedure Code. It is argued by these academics that section 4 of the local Code is in
essence, similar to section 561(a) of the Indian Code but it makes no express mention
of any ‘inherent powers’ that the courts may possess.

- The courts have often said that they are but “creatures of statute” and have only such
jurisdiction as provided by legislation5. Further, in the recent case of PP v Quek Chin
Chuan 6, the Chief Justice overturned a lower court’s order to the prosecution to

3
See Teo Cheng Leong v PP [1970] 2 MLJ 275
4
See also Bachchu Lal v The State (1951) ALL 836 at 838
5
See Wong Hong Toy v PP [1994] 2 SLR 396, Mok Swee Kok v PP [1994] 3 SLR 140 and
Abdullah bin Rahman v PP [1994] 3 SLR 129
6
[2000] 3 SLR 10
conduct further investigations. The Chief Justice stated that the court has no power to
make such orders.

G. Discovery in Criminal Cases

- The procedure for criminal discovery is governed by the Criminal Procedure Code.
Unlike in civil cases where the Rules of Court prescribe extensive rules of discovery,
the CPC does not impose on the prosecution an onerous duty of disclosure.
- Defence counsel may however obtain certain documents including the First
Information Report and the accused person’s statement recorded under Section
122(6) of the CPC (see above).

DISCLOSURE
- there is no power for a mentions or PTC court to order the prosecution to furnish
any documents to the defence
- CPC provides for the delivery by the PP of copies of certain reports to the accused
before the commencement of the trial, where he intends to give such reports in
evidence at the proceedings
- Under s.369(1), documents purporting to be reports under the hand of persons
enumerated in sub-section (2), “upon any matter or thing duly submitted to him
for examination or analysis or report” may be used in evidence, with the proviso
that a copy thereof is given to the accused at least ten clear days before
commencement of the trial
Report of certain persons.
369. —(1) Any document purporting to be a report under the hand of any of the
persons mentioned in subsection (2) upon any matter or thing duly submitted to him
for examination or analysis or report may be used as evidence in any inquiry, trial or
other proceeding under this Code unless the court or the accused requires that person
to be called as a witness:
Provided that in any case in which the Public Prosecutor intends to give in evidence
any such report he shall deliver a copy thereof to the accused not less than 10 clear
days before the commencement of the inquiry, trial or other proceeding.
(2) The following are persons to whom this section applies:
(a) an analyst employed by the Health Sciences Authority;
(b) any registered medical practitioner employed by the Health Sciences Authority;
(c) the Government Bacteriologist;
(d) the Commissioner of Parks and Recreation;
S 337/87 wef 30.3.87.
(e) any person appointed by the Minister, by notification in the Gazette , to be a
document examiner;
(f) any inspector of weights and measures duly appointed as such under the
provisions of any written law;
(g) any person or class of persons to whom the Minister by notification in the
Gazettedeclares that this section shall apply.
- accused has no right to inspect his own s.121 (1) statement to the police, to copies
of his co-accused’s statements, witnesses’ statements
- it is entirely up to the prosecution to furnish to the defence such statements
- s. 58 CPC permits an application to be made for the production by prosecution of
documents or other evidence necessary or desirable for the proceedings, but such
application can only be made before the court which the actual trial is taking place
and “only after the recording of prosecution evidence has commenced” when the
trial is well under way
- Tan Khee Koon v PP [1995] 3 SLR 724 at 736H?
Facts

The appellant Tan, a Police Staff Sergeant with the Commercial Crime Division, was
convicted on three charges of corruption under the Prevention of Corruption Act (Cap
241) (‘the Act’). He appealed against both conviction and sentence. The appeal
against conviction was primarily on the trial judge’s findings of fact and on the basis
that the complainant’s evidence was not corroborated, and the failure of the
prosecution to produce his investigation papers. As for the appeal against sentence, it
was argued that the sentences imposed were manifestly excessive.

Held, dismissing the appeal:

(1) There was nothing to disturb the findings of the trial judge on the facts.

(2) Section 25 of the Act applied to any witness who was merely a payor of
gratification. There was no need to treat the evidence of such a witness with caution.
But if the witness was something more than a mere payor and was guilty of infamous
conduct, then he fell outside the ambit of s 25. However, s 25 did not elevate the
evidence of the witness. The normal burden remained on the prosecution to prove
beyond a reasonable doubt that a witness qualified as a mere payor. On the facts, the
complainant was clearly a mere payor, and as such, his evidence need not be treated
with more caution than usual.

(3) No application under s 58(1) of the Criminal Procedure Code (the CPC) was
made to the trial judge for the production of the investigation papers. Neither was it
necessary nor desirable for them to be produced. Whether or not Tan refrained from
prosecuting the complainant was irrelevant under s 9 of the Prevention of Corruption
Act.

(4) Where an offence consisted of a series of components constituting offences


under the same law, and completion was made only of one of those components,
there could not be separate charges both for the attempt at the whole series and the
commission of the completed component for that would amount to double counting.
As such, there was double counting of the $4,500 in the first and second charges.
However, as Tan did not argue the point, the charges could not be amended.

(5) There was nothing to indicate that the sentences were manifestly excessive.
- for accused’s s. 121(1) statement, it has been held that the proper time to make an
application for such a statement is after the accused and his witnesses has finished
giving his evidence, as there was no longer any question of the defence tailoring
evidence at that stage: Ronnie Tay Kok Poh v PP [1996] 1 SLR 185;
Facts

The appellant Tay was charged for corruptly offering one Chua gratification under
s 6(b) of the Prevention of Corruption Act (Cap 241). Both Tay and Chua were
convicted and Tay appealed. Tay also filed a criminal motion to admit further
evidence.

Held, allowing the appeal:

An examination of the evidence revealed that there were enough reasons to allow the
appeal even without looking at the additional evidence. The court was not convinced
by the prosecution’s submission, and a conviction of Tay was unsafe. Appeal allowed.

Per curiam

(1) Since the appellant maintained that what he said in the statements was the truth,
the contents of the s 121 statement would have become part of his testimony. The
entire s 121 statement should, therefore, have been admitted and marked as evidence

(2) Once the defence witnesses had finished giving evidence, there was no longer
any basis for denying the defence sight of the accused’s s 121 statement as there was
no question of the defence tailoring evidence at this stage and all the material that
would be required for the court to determine its relevancy would also be before the
court

(3) By s 159 of the Evidence Act (Cap 97, 1990 Ed), an accused’s s 121 statement
could be used to corroborate his testimony. Hence, the defence was denied a relevant
piece of evidence by the prosecution when it refused at this stage to let the defence
have the statement. Where the case involved a bare allegation by a prosecution
witness against the bare denial of the accused, such evidence could turn out to be of
pivotal importance. Denial of such evidence was not conducive to a fair trial.
- Soosainathan s/o Dass Saminathan v PP [2003] SGCA 45 at para 43
Appeal dismissed.
43 Admittedly, there was no provision in the Criminal Procedure Code
(“CPC”) for the discovery by an accused of documents in the possession of the
prosecution: Tan Khee Koon v Public Prosecutor [1995] 3 SLR 724. If an accused
wanted to obtain copies of his own police statements, he should have applied to the
court under s 58(1) of the CPC for a summons to be issued: Kulwant v Public
Prosecutor [1986] SLR 239, [1986] 2 MLJ 10. It was established that the proper
time for such an application to be made was after the defence witnesses had
finished giving evidence, as there was no longer any question of the defence
tailoring evidence at that stage: Tay Kok Poh Ronnie v Public Prosecutor [1996] 1
SLR 185.
- Selvarajan James v PP [2000] 3 SLR 750: there is no requirement in the CPC for
the prosecution to disclose witnesses’ statements to the defence, “it is for
Parliament to decide if it wants to enact these revisions when it updates the CPC
and, until then, the court cannot direct the Prosecution to produce witnesses’
statements to the Defence”

H. Criminal Case Management System (CCMS)


Read law society website – entire paper is there. Know how this works.

- Various issues to be sorted out before pre trial confernce


- Initiative of CJD, AGC with support of Subordinate Courts and Law Society
- Enhancement of current PTC system
- Commenced on 10 Nov 2003

– • Introduced by AGC in Nov 2003 to complement the existing PTC system.


– • CCMS only applies to selective cases charged in Court 26 where the accused is
represented by counsel and the accused is on bail. (x apply to court 23)
– • It enables both the DPP and the defence counsel to meet to discuss their case and
solicit and disclose information about the case; to assess the relative merits of their
cases; and engage in plea bargaining so that both parties are ready to take trial dates at
the 1st PTC if the accused is claiming trial.
– Stage 1: Identification of CCMS Cases
– • The prosecution will inform the Court that a case is suitable for CCMS.
– • The court will confirm with the prosecution that investigations are complete
and they are indeed ready for plea.
– Stage 2: Window Period (2 Weeks)
– • If the accused is represented, counsel may be given 2 weeks to take full
instructions as to whether the accused will be pleading guilty or claiming trial
to the charge(s).
– • If the accused is not represented, he may be given 1 week to engage counsel.
Thereafter, counsel will be given one week to take full instructions as to
whether the accused will be pleading guilty or claiming trial to the charge(s).
– If at the end of the window period, counsel informs the Court that the accused
will be pleading guilty without representations, then the case would cease to
be a CCMC case.
- Stage 3: Pre-Trial Conference
- • If counsel informs that the accused is claiming trial or that he has
instructions to make representations, the case would be fixed for PTC in 8
weeks before a GMC court pursuant to the CCMS track.
- • Counsel must obtain a CCM meeting date at the Senior DPP Registry.

- 1st Mention in Court 26 - PTC date 8 weeks from 1st mention in Court 26
o Counsel takes instructions & applies for papers on his undertaking to
pay the fees. So as to be ready at PTC for date of trial
o CCM meeting(s) held between Counsel and DPP
o Discuss factual & legal issues, witness list etc.
o Deal with Representations & other issues
o At end of CCM meeting(s), parties should be ready to take dates for trial
or mention (to PG)

- 8th week: 1st PTC


o Court inquires into positions of parties
o Counsel make seek adjournment
o To make representations
o Papers may not have been received

- Benefits
o Counsel have papers early (at 1st mention)
o CCM meetings between Counsel and DPPs more conducive to sharing
of information

- Results
o Significant reduction in number of PTCs
o Reduced incidence of cracked trials

- The lack of criminal discovery is to a large extent made up by the PTC process
and the Criminal Case Management System (CCMS) which have evolved
themselves into integral processes
- *CCMS was introduced by the A-G’s Chambers in Nov 2003 to complement the
existing PTC system
- CCMS only applies to selective cases charged in Court 26 where the accused are
represented by Counsel
- It enables both DPP and defence counsel to resolve preliminary issues
expeditiously so that both parties are ready to take trial dates at the first PTC
- CCMS and PTCs serve as a platform of consensual discovery whereby parties can
discuss their case and solicit and disclose information about the case
- Prosecution may in the process provide medical reports or other documentary
evidence it intends to rely on, it may also provide a glimpse of the nature of the
prosecution’s evidence against the accused to facilitate further plea bargaining
- PTC can serve to narrow down the triable issues
- The number of witnesses and the estimated number of days required for hearing
would be assessed
- Issues such as whether a joint trial or separate trials (s. 169 to 176 CPC) should be
held in cases of multiple offences or multiple accused persons would also be
addressed at the PTC
- The PTC judge may also request the prosecution to consider preparing
conditioned statements for formal witnesses under s. 371 CPC or invite parties to
agree on non-contentious issues by way of a statement of agreed facts under s.
376 CPC
 PTCs referred to in: Guy Ermer Eldon v PP [2001] 1 SLR 710;
45 Mr Tan also dealt with the argument that Mr Sahrin and Mr Samad’s appearance
at the trial was “suspicious” because they were introduced very late and were not on
the original list of witnesses tendered at the pre-trial conference. Mr Tan dismissed
this argument as “utterly without merit”. He argued that the change of witnesses after
a pre-trial conference was “hardly sinister in itself”. Post PTC investigations may
reveal new witnesses and the prosecuting officer may not be the same as the one who
participated in the PTC and may wish to call different witnesses. Therefore, the
magistrate was entitled to accept them as independent witnesses.
 PP v Quek Chin Chuan [2000] 3 SLR 10;
At the pre-trial conference, the respondent sought permission from the court for the
respondent to go to China, look for Yu and obtain a statement from him. The
application was refused. On the first day of trial, the application was made again and
this time, the district judge granted the application. The judge further ordered that an
investigation officer, or another officer holding the rank of Sergeant or above from
the same Police Division, accompany the respondent to China to enable independent
verification of any conversation that would transpire between the respondent and Yu.
 Ong Seng Hwee v PP [1999] 4 SLR 181;
19 On that day, the appellant brought along a self prepared statement, a copy of
P10 and six photocopied receipts for rentals paid by PW9. On 24 June 1998, at a pre-
trial conference on the case, the appellant provided the officer representing the Public
Prosecutor PW9’s correct pager number. SSgt Lim was also faxed a bundle of
documents including P12 to P21, which were received for the first time.
 Yen Ching Yan v PP [1998] 1 SLR 430
The facts

3 The appellant was arrested on 6 October 1997. Two days later, the
abovementioned charge was preferred against him in Court 26. On 15 October
1997, the court was informed by Mr Rahman Salleh that he was acting for the
appellant. Subsequently, the prosecution applied on a few occasions for time
pending the report from the Department of Scientific Services on the analysis of the
drugs. On 10 December 1997, the appellant’s present counsel informed the court of
the change of counsel. The prosecution stated that a pre-trial conference in the High
Court would be held on 6 January 1998 and in view of this, the next mention was
fixed on 21 January 1998. On that day, the court was informed that the next pre trial
conference was on 24 February 1998 and that investigations were still incomplete.
The next mention was fixed on 11 March 1998 but was subsequently brought
forward at the request of the appellant’s counsel to 3 March 1998. It was on that
day that the prosecution preferred a fresh charge of consumption of
methylamphetamine (commonly known as ICE) against the appellant and applied
for him to be given a discharge not amounting to an acquittal with regard to the
capital charge. The appellant’s counsel objected and the matter was adjourned for
parties to prepare arguments. On 10 March 1998, after hearing arguments from both
sides, the district judge granted the prosecution’s application and ordered that the
appellant be given a discharge not amounting to an acquittal in respect of the capital
charge.
- PTC first mentioned in PP v Hensley Anthoney Neville [CC8/1989] (1991
unreported High Court decision)
I. Community courts - Court 20

- introd may 2006

- ‘a justice system that enjoys the confidence of the public is one that pays proper heed
to the needs of the community. As fundamental justice reforms have been
institutionalised, the time is right for the establishment of a specialist court that is
responsive to the needs of the community.’
- Honourable CJ Chan Sek Keong’s speech at 15th Subordinate Courts Workplan
Seminar 2006/2007
- The Community Court presently hears selected cases involving:
o Youthful offenders (aged 16-18)
o Offenders with mental disabilities
o Neighbourhood disputes
o Attempted suicide cases
o Family violence cases
o Carnal connection offences by youthful offenders
o Abuse & cruelty to animals
o Cases which impact race relation issues
o Selected cases involving offenders above the age of 65 (wef 4 July
2006)
- Options:
o To attend programmes/counselling or undergo treatment;
o To perform community service at an appropriate agency;
o To attend victim-offender mediation – to bring matter to closure; or
o Any other programmes which the Court thinks fit for the dual purposes
of rehabilitating or assist in the rehabilitation and as well as preventing the
individual’s future re-offending behavior.
o Imposition of police supervision as prescribed under Sec 11 to 14 of the
Criminal Procedure Code, Chapter 68.
- The cases dealt by the Community Court flow from the:-
o District Mentions Court 26;
o Magistrate’s Mentions Court 23; and
o GMC Courts.
- The following timelines are observed:
- • Where the accused has indicated that he wishes to plead guilty and the prosecution
is ready to proceed with the charge, the Mentions Courts will transfer the case to the
Community Court for mention at 2.30 p.m. on the same day.
- • In all other cases that fall within the Community Court (except cases under s 143 to
s 148 where the accused is claiming trial), the Mentions Court would fix the case for
PTC at 12 noon in Court 3 within 1 week from the last date of mention.
- Youthful offender charged with rioting – generally tose cases not fixed in court 3 but
in other GMC courts

J. CRIMINAL LAW IN A CODE


- s. 5 CPC: law relating to criminal procedure for the time being in force in England
shall be applied
Laws of England, when applicable.
5. As regards matters of criminal procedure for which no special provision has been
made by this Code or by any other law for the time being in force in Singapore the
law relating to criminal procedure for the time being in force in England shall be
applied so far as the procedure does not conflict or is not inconsistent with this
Code and can be made auxiliary thereto.