Criminal Law and Procedure

Legal Infrastructure: What are the Criminal Courts and their differences?

Arrest, Custody & Police Bail

Arrest

1. What is an arrest?

An arrest is an act of detaining a person who is reasonably suspected of having committed a criminal offence.

2. When can the Police arrest a person?

The Police can arrest a person who is suspected of having committed a criminal offence.

Arrests not requiring a warrant: this is possible in cases of serious offences such as robbery, theft, molesting, touting and disorderly behaviour in a public place.

Arrest requiring a warrant: For non-serious offences like mischief and simple hurt (such as when a person slaps another on the arm during a dispute), an arrest can only be effected with a warrant from the Court. A Police officer may also arrest anyone who commits an offence in the officer’s presence, obstructs a Police officer from executing his duties, or is wanted by the authorities.

3. Identification of Arresting Officer

When arresting a suspect, a Police officer who is not in uniform should identify himself/herself by producing his/her warrant card. He/She should also inform the person to be arrested that he/she is a Police officer. If in doubt, the suspect should demand to see the warrant card to verify the identity of the arresting officer.

A specimen of the warrant card is shown below.

If you still have doubt about the officer’s identity, you should call ‘999’ for assistance.

4. Making an Arrest

When making an arrest, a Police officer will come into physical contact with or even attempt to confine the suspect. If the suspect forcibly resists arrest or attempts to escape, the officer may use all necessary means to effect an arrest. The law does not prohibit a male officer from arresting a female suspect.

When a suspect is being arrested, he/she should be informed of the grounds of his/her arrest as soon as the circumstances may reasonably permit.

5. Will a person being arrested be searched upon arrest?

Yes, a person being arrested may be searched upon arrest. However, only a female Police officer should conduct a search on a female suspect.

At the Police station, the person arrested will have to surrender all personal belongings. The items surrendered would be recorded in Form NP304 (Acknowledgement Receipt Form) and a copy of this form will be given to the arrested person. The Police will retain any items relevant to the investigation until the case is concluded.

6. How long can an arrested person be detained by the Police?

A person can be detained for a maximum of 48 hours from the time of his/her arrest. During the period of detention, the arrested person may be asked to assist in Police investigations.

7. What happens when the detention period of 48 hours is up?

At the end of the investigation, or upon the expiry of 48 hours (whichever is earlier), if it is not established that the arrested person has committed an offence, he/she must be released unconditionally.

If the investigations reveal that the arrested person has or may have committed an offence, the Police may either produce the person in court or release him/her on Police bail pending further investigations.

Producing the accused in court: If the Police produce the accused in court, he/she may apply to the court to be released on bail. For certain offences i.e. bailable offences, the accused is entitled to be released on bail. However for non-bailable offences, the court will consider the applicant to be released on bail on a case by case basis. If, the Police require the accused for further investigations, his/her application to be released on bail may be rejected by the court. However, the arrested person may apply to be released on bail at his/her subsequent appearance in court.

Releasing the accused on bail: If Police releases him/her on Police bail, the accused may be released after he/she has arranged for a bailor. The bailor must ensure that the person bailed out reports to the Police station or attends court when required. In certain cases, Police may also release the accused on a personal bond.

8. Being charged for an offence after arrest

An accused may be arrested before, during or after investigation. The accused may be required to give a statement and also to state his defence if accusations are made against him or if he is charged. He may then be formally charged and produced in Court. If he is to be charged in Court, his fingerprints may be taken by an officer and he may be photographed at the Criminal Records Office, Criminal Investigation Department (CID). This means that there will be a record of you at the CID.

However, if the accused is acquitted of the offence in Court or if the charge is withdrawn, he can write to the CID for the return of the record of your fingerprints and negatives.

9. Informing the accused’s family or lawyer of the arrest

When an accused is arrested and detained, he can request to make a call to his family or a lawyer telling them of his arrest. He may also request visits by his family or a lawyer. These requests may be refused if it will interfere with the investigation carried out by the officers.

The law allows the accused to consult a lawyer of your choice within a reasonable time after the accused has been arrested.

Custody

1. How does the Police deal with an Accused detained in Police Custody? ⁸

a. Interview: The police will interview the accused on the facts and circumstances of the case.

b. Scene of the crime: The police may also bring him/her to the scene of crime or any other places to recover evidences that may be relevant to the investigations.

c. Polygraph examination: As part of their investigations, the Police may request the accused to undergo a polygraph examination (or lie-detector test).

d. Identification parade: The Police may also request the accused to participate in an identification parade

The accused, if he/she so wishes, can decline to undergo a polygraph examination or to participate in an identification parade. During the investigations, the Police may record statements from the accused.

The interview will be conducted in a language that he understands and the statement recorded in English. After this is done, the accused is required to sign on the statement recorded.

Before the accused signs the statement, he should read it, or have it read to him in a language that he understands to ensure that the contents are true and correct.

2. What if the accused is not feeling well or is injured whilst under Custody?

If the accused is sick or injured, he may request the Police to send him/her to the hospital for medical treatment. Police will also see to the accused’s food and drink while he/she is in their custody.

3. Can the accused’s immediate family member/s or lawyer visit him/her during the time he/she is detained at the Police Station?

The accused, his/her immediate family or lawyer should make the request known to the investigating officer-in-charge of the case, who will accede to such requests within a reasonable time after the suspect’s arrest.

4. What happens if the Police decides to charge the accused person in Court?

Where any accused is charged with an offence or officially informed that he/she may be prosecuted for it, he/she will be served with the charge which will be read to him/her. The accused will then be served with a notice of warning in writing to the following effect:

“You have been charged with/informed that you may be prosecuted for (offence). Do you want to say anything about the charge that was just read to you? If you keep quiet now about any fact or matter in your defence and you reveal this fact or matter in your defence only at trial, the judge may be less likely to believe you. This may have a bad effect on your case in court. Therefore it may be better for you to mention such fact or matter now. If you wish to do so, what you say will be written down, read back to you for any mistakes to be corrected and then signed by you.”

After the charge and notice of warning have been read to him/her, the accused will be asked to acknowledge that he/she understands the charge and notice of warning. If the accused does not speak or understand English, the charge and the notice of warning will be interpreted to him/her in the language of his/her choice.

Answering to the charge: The accused will then be invited to make a statement in answer to the charge. Similarly, if he/she does not speak or understand English, the statement would be recorded with interpretation. If the accused decides to make a statement, the Police officer will record his/her statement. After the statement is recorded, it will be read over to the accused and interpreted if he/she does not speak or understand English. The accused may also go through his/her statement to ensure that it is true and correct, and make any necessary amendments, additions or deletions, if he/she so wishes to, before signing it. Thereafter, the accused will be asked to sign his statement to confirm that the contents are true and correct and make any necessary amendments, additions or deletions if he so wishes, before signing it.

5. Will the accused be given a copy of the documents that he/she has signed?

Yes, the accused will be given a copy of the charge, notice of warning and his/her statement in answer to the charge.

6. Can the accused request for copies of other documents in relation to the investigations, such as the Police Report?

Once an accused is charged in court, he/she or his/her lawyer can request for copies of certain reports from the Police before the criminal proceedings. An example of these reports is the certified true copy of the Police report pertaining to the case. For other relevant documents, the accused or his/her lawyer may write to the Police to request for certified true copies. The Police can furnish copies upon request and payment of the requisite fees. This, however, is subject to the guidelines applicable to the Police for the release of such documents.

Police Bail

1. What is bail? ⁹

Bail is a security either in cash or by an undertaking given to the Court or to the police to ensure that the person released on bail (the accused) returns to the Court or to the police station as and when required to do so. The person furnishing such a security is known as a bailor or a surety. When a person agrees to be a bailor or a surety, he is said to be “standing bail”. Depending on the amount, the Court or the police officer may allow more than one bailor or surety for the person bailed.

2. When may a person be released on bail?

While most offences allow the accused the right to bail, some offences are non-bailable. However, a Magistrate or District Judge has the discretion to grant bail even though the offence is non-bailable unless the offence is one where the punishment is death or life imprisonment.

3. How much is bail?

The amount of bail depends very much on the seriousness of the offence.

Bail may be increased or reduced at any time by applying to the Court. If the police asks for bail in the sum of S$5,000.00 or more, the ability (means) of the bailor to stand bail will first of all have to be checked by the police and reported to the Court before granting the bail. A bailor may show his ability to stand bail by depositing cash, or producing fixed deposit certificates, bank passbooks, car log books, title deeds to a property, share certificates or valuables.

4. Where is the application for bail processed?

All bail applications are processed by the Bail Centre in the State Courts.

5. When can bail be returned?

The duties of the bailor cease when the Court, has made a decision (e.g. when the accused is found to be not guilty of the offence (acquitted), or is found to be guilty of the offence (convicted) and sentenced.

The bailor can then take back the items which he has deposited with the Court. This is processed by the Finance Section of the State Courts.

6. Can the bailor withdraw as such?

The bailor can withdraw from standing bail for the accused at any time before the case is completed. If the accused cannot find a substitute bailor, he will be remanded in prison until the date of his conviction or acquittal.

7. What Is The Purpose Of Granting Police Bail? ¹⁰

There are two functions of Police bail. The first is to ensure that the accused on bail turns up at the Police station to assist in Police investigations; the second is to ensure that the person on bail turns up in court when required by the Police to do so.

8. What is the process of granting Police Bail?

When Police bail is offered, the person arrested can contact a bailor. The bailor must be either a Singapore citizen or permanent resident, and more than 21 years old. The bailor must not be an undischarged bankrupt, must not have any current proceedings in Court and should have personal assets worth at least the bail sum. The bailor will have to satisfy the Police that he/she is suitable to provide bail. A bailor may show his/her ability to stand bail by depositing cash, or producing fixed deposit certificates, bank passbooks, car log books, title deeds to a property, share certificates or other valuables. A bailor should also bring along his/her NRIC as proof of identity.

The bailor must also be prepared to accept the responsibility of a bailor until the case is over. If the amount of bail exceeds $10,000, a company or a business may stand as bailor. The company’s stamp will be needed. The authorised signatory of the company will have to sign the documents. The conditions of release on bail and the date of attendance at the Police station or court will be explained to the accused. A copy of the bail will be provided. Another copy will also be given to the bailor. Once the bail has been processed, the accused will be released from Police custody, subject to the following conditions:

1. He/She may be asked to surrender any travel documents in his possession.
2. He/She will surrender into custody, make himself available for investigations or attend Court at the date, time and place appointed for him to do so.
3. He/She shall not commit any offence while released on bail or on personal bond.
4. He/She shall not interfere with any witness or otherwise obstruct the course of justice whether in relation to himself or any other person.
5. He/She will not be allowed to leave Singapore without the express consent of the Police or the Court in writing.

9. What are the duties of a bailor?

The bailor must ensure that:

1. The released person surrenders to custody or makes himself available for investigations or attends Court at the date, time, place appointed for him to do so
2. He keeps in daily communication with the released person and lodge a police report within 24 hours of losing contact with him
3. The released person is within Singapore unless the released person has been permitted by Police to leave Singapore

If the bailor is in breach of any of his duties, the court may confiscate the whole or a part of the bail sum.

10. What happens when the person on bail does not report at the police station on the given date and time?

If on the given date and time, the person bailed does not appear at the Police station:

a. The Police will apply to the Court for a warrant of arrest. The person on bail may also be charged in court for his/her non-attendance for which he/she can be punished with imprisonment for a term of up to 1 month or with a fine which may extend to $500 or with both; and b. The bailor will be required to show cause to the Court why the bail amount or any part thereof should not be forfeited.

Police Investigations

1. What is an investigation? ¹¹

Investigation is the process of inquiry that helps Police to uncover what happened in a crime. The Police conduct investigations to find out the truth behind an allegation and whether there is evidence of a criminal offence being committed.

2. When do police start investigations?

Investigations will commence when the Police receive information of a criminal offence.

The Police may also commence investigations when directed by a Magistrate, upon examining a complaint lodged by an aggrieved party at the Crime Registry of the State Courts. For more information on Magistrate’s Complaints, you can visit the State Courts at No. 1 Havelock Square, Singapore 059724 or contact 1800-6435 5881/ 4355 for enquiries.

3. What kind of cases does the Police investigate?

The Police are empowered to investigate a range of offences under the law. Some of the more common offences investigated by the Police include those in the Penal Code, Arms Offences Act, Computer Misuse Act, Miscellaneous Offences (Public Order and Nuisance) Act, Betting Act and Common Gaming Houses Act.

4. What happens during investigations?

During investigations, the Police may conduct interviews to obtain details of the case. What is told by the witness to the Police during the interview may be recorded in a Police statement.

5. What is recorded in a police statement?

The statement would comprise of details of the crime or incident such as when and where it happened, the sequence of events, details of the suspects or offenders such as their identities, information on their whereabouts or contact numbers, and other facts which may be helpful and relevant to the case. If the witness does not speak or understand English, the interview will be conducted in a language that he understands. All statements will be recorded in English.

After the statement has been recorded, the person interviewed would be required to sign it. Before he/she signs the statement, he/she should go through it to ensure that its contents are true and correct, and make any amendments, additions or deletions if he/she so wishes. Similarly, if the person does not speak or understand English, he/she should request for the statement to be interpreted to him/her in the language of his/her choice to ensure that the contents are true and correct.

6. What happens if the person refuses to sign the statement?

If a person refuses to sign his/her statement, he/she may be charged with an offence for which he/she may be punished with imprisonment for a term of up to 3 months or a fine of up to $500 or both.

7. Where can a statement be recorded?

A statement is usually recorded in a Police establishment such as a Police station, NPC or NPP. However, the Police may also record statements at the scene of crime or in some cases, at a place convenient to the person who is being interviewed.

8. What if a person refuses to be interviewed?

If a person fails to attend an interview as required by the Police, the Magistrate may be notified for a warrant to be issued against his/her to secure his/her attendance.

9. What can an investigating officer do? ¹²

Some of the powers of an investigating officer are as follows:

• To order a person to go to a police station or other place for questioning and for taking of a statement.
• To record what you have to say and ask you to sign it.
• To search a place and take away things to be used as evidence.
• To seize properties which may be exhibits in the case.

Being Charged In Court

When you are charged in Court, a charge setting out the offence alleged to be committed by you will be read or interpreted to you. The charge must contain sufficient details of the date, time, place, names of the victims and/or the property involved in the offence alleged.

Each offence will be listed as a separate charge. You can be charged with more than one offence. One or more persons can also be charged together with you if they are accused of the same offence. However, separate charges may be preferred against you. You must tell the Court if the charge is not clear to you. If you need an interpreter, ask for one.

After the charge is read and explained to you, you will be asked how you wish to plead to the charge, for example, “Do you wish to plead guilty?” (i.e. admit to the charge) or “Do you wish to claim trial?” (i.e. contest the charge).

Options for an accused when charged in court:

1. Adjournment (If undecided)
2. Pleading guilty
3. Claiming trial

Adjournment

If you are unable to decide whether to plead guilty or claim trial to the charge, or you wish to consult or be represented by a lawyer, you can request for a short adjournment. Your lawyer will then advise you whether you should plead guilty, or claim trial. When in doubt, always consult a lawyer.

1. What reasons can I give for an adjournment?

Generally, adjournments may be granted for the following reasons:

1. For your lawyer to apply for the necessary papers e.g. first information report and to make representations on your behalf to the Attorney-General’s Chambers.

2. For you to raise funds or make restitution, if you indicate an intention to plead guilty to the charge.

3. For you/your lawyer to prepare your mitigation, if you indicate an intention to plead guilty.

4. For you to settle personal affairs, if any.

Please note that an adjournment is granted at the Courts’ discretion. If the Court grants an adjournment, you may be asked to furnish bail. If bail is furnished, you will be released. If no bail is furnished, you will be remanded at the Queenstown Remand Prison (for males) or Changi Women’s Prison (for females) until bail is furnished or till the next Court date.

2. Can I be absent from Court on the appointed date?

If you fail to attend a Court mentions orhearing a Warrant of Arrest will be issued by the Court. This can also occur for non-payment of fines. If you are on bail, your surety may have his bail money or property forfeited by the Court.

The Warrant will be handed over to the Warrant Enforcement Unit (a division of the Singapore Police Force) for them to execute. The police will either arrest you or you may be asked to surrender yourself at the Warrant Enforcement Unit for the warrant to be executed.

A medical certificate will not be accepted unless it:

1. Contains the name of the medical practitioner who issued the certificate.

2. States the name of the hospital/clinic in which he practices.

3. Indicates that the person to whom the certificate is issued is unable to attend Court.

4. Specifies the date(s) on which he is unfit to attend Court.

5. Is signed in full by the medical practitioner and must not be merely initialled.

6. Is authenticated by a rubber stamp showing the medical practitioner’s full name and designation in the hospital or clinic.

4. As a condition of the Warrant of Arrest, bail may or may not be offered upon arrest

If no bail is offered, you will be brought to Court within 48 hours of your arrest.

If bail is offered, you will be asked to furnish the bail sum before you may be released to attend Court on a specified date. If you are unable to find a bailor, you will be brought to Court within 48 hours of your arrest.

In certain cases, you may be disqualified from holding or obtaining a driving licence pending your arrest.

5. What happens when I am arrested?

Once the warrant is executed and you are before the court, you will be asked to explain your absence in court on the previous hearing date. The court will also deal with the charges against you if you are ready to give a plea. If you are also facing a show cause action, the court may impose a fine if no satisfactory reasons are given for your absence.

If you fail to turn up in court even after the warrant is executed, in certain cases for example where you face charges under the Road Traffic Act (Cap 276) or The Parking Places Act (Cap 214), you may be disqualified from holding or obtaining a driving licence until the matter against you is concluded or for such other period as the Court thinks fit.

6. Notice to Surety

If you are on bail and a Warrant of Arrest has been ordered by the Court, a Notice to Surety to Show Cause will be issued against your surety and the matter fixed for mention in Court. Your surety may have his bail money or property forfeited by the court if he fails to give a satisfactory explanation for your absence from Court.

Pleading Guilty

If you plead guilty to the charge, you must admit fully the offence alleged to have been committed by you. You must also understand the nature and the consequences of your plea i.e. you must be aware of the minimum and maximum punishments you face under the charge and be prepared to accept whatever punishment the Court may give.

The Prosecutor will then ask that the Statement of Facts be read to you. If you do not agree with what is stated in the Statement of Facts, you must tell the Court. The Court will ask you whether you disagree with the Statement of Facts totally or in part. If you disagree with the Statement of Facts (unless what you disagree with is not important), the Court will not accept your plea of guilt and will direct you to claim trial to the charge.

1. What are the consequences of pleading guilty?

When the Accused decides to plead guilty, this means he accepts without qualification the Statement of Facts (SOF) which constitute the ingredients of the charge and the facts in relation to how the offence was committed, and that he has committed the offence to which he is pleading guilty. As a consequence of the Accused’s plea, a conviction will be recorded against the Accused and the Court will impose a sentence on the Accused. The conviction/sentence forms part of the Accused’s records saves for spent convictions. The accused may be shown leniency by the Court if he pleads guilty at an early stage, save for circumstances where the Accused was caught red-handed in the commission of the offence.

At any stage of proceedings, the Accused may retract his plea of guilt. The defence counsel may make an application for the Accused’s plea to be retracted before sentencing. If sentencing has taken place, defence counsel may need to take a criminal motion. Plea bargaining with the Prosecution may lead to charges being amended and thus the Accused may plead guilty to a lesser charge. Pleading guilty, like cooperation with police, first time offending, restitution and remorse, are some og the mitigating of factors that can assist the Court in arriving at the appropriate sentence.

2. Previous convictions

After you have pleaded guilty to the charge and admitted the Statement of Facts, the Prosecutor will tell the Court if you have any previous convictions. You will be asked whether you admit to those convictions. Those convictions may be considered by the Court when sentencing you.

3. Mitigation

You will then be asked by the Court if you wish to state any facts or circumstances to explain the reason/s why you committed the offence and why the Court should be lenient to you. For example; family background, education, medical background, employment, recovery of all or some of the property and compensation given to the victim.

4. Victim Impact Statement

Before the Court decides on a sentence, the Prosecutor may apply to read to the Court a Victim Impact Statement. This is a recently introduced procedure by which the Court may assess the effect of the offences on the victim and then consider an appropriate sentence.

Claiming Trial

If you decide to claim trial to the charge, the Court will set aside a date for trial. Your trial may be fixed in another Court on a separate occasion. You may be required to furnish Court bail to ensure your attendance in Court.

1. What happens if I claim trial?

The Court will fix the case for a pre-trial conference. The purpose of the pre-trial conference is to ascertain if a case is ready for trial. At the pre-trial conference, you will be asked on the number of witness you will be calling in support of your defence. Once the case is ready for trial, the matter will be fixed for hearing. After this stage the Court will not allow any adjournments of the matter.

2. What does claiming trial mean?

If you claim trial, this means that you dispute the charge and would like a court hearing to defend yourself. You will be asked if you wish to engage a lawyer or if you wish to defend yourself in person. If you wish to engage a lawyer, you will be given time to do so. Once the parties are ready, the Court may fix the case for a pre-trial conference or for trial.

4. If you claim trial, you are expected to bring along evidence including witnesses (if any) in support of your defence on the day of the trial.

At the end of the trial, the Court will decide whether you are guilty. If the Court finds that you are guilty of the offence, you will be asked if you have any mitigating facts to present to the court. Thereafter, the court will pass its sentence, which may either be a fine or imprisonment or both. Where the law provides a sentence of caning, the Court may order such a sentence if you are a male who is below 50 years of age.

If the Court finds that you not guilty, you will be acquitted and discharged

On the day of the trial, you may be required by the Court to state your defence after the Prosecution has completed its case against you. If you are unable to do so, you will be found guilty and convicted.

If you are able to raise a reasonable doubt in the Prosecution’s case you will be acquitted and released immediately.

5. Appeal

If you are not satisfied either with your sentence or conviction or both, you can file an appeal to the High Court. You have 10 days from the date of the conviction or sentence to file the appeal.

As a general rule, if you have already pleaded guilty to the charge, you can only appeal against the sentence.

6. Can I ask for instalment payments of a fine?

You may apply to the court to pay the fine(s) imposed by instalments. If the Court does not grant your application, you will have to serve the default imprisonment sentence if you are unable to pay the fine in full. In cases where the Court grants instalment payments and you fail to pay the instalment due, you will also have to serve the applicable period of default imprisonment sentence.

How To File A Notice Of Appeal

For cases where the Accused is charged on or after 2 Jan 2011

Procedure ¹³

1. Filing of a Notice of Appeal
2. Service of Grounds of Decision and Notes of Evidence
3. Filing of the Petition of Appeal

Step 1: Filing of a Notice of Appeal

Any sentence or order pronounced by the District Court or Magistrate Court in any criminal case can be appealed to the High Court. The Notice of Appeal must be filed at the Appeals Counter in the Crime Registry of State Courts within 14 calendar days from the time the sentence or order is made.

Where an accused has admitted to the offence and is dissatisfied with the sentence passed by the Judge, he may only file an appeal against the sentence. If he decides to retract his plea of guilt after the sentence has been passed, he must file a Criminal Revision at the High Court to set aside the conviction.

For private summons proceedings, a complainant seeking to file an appeal against an acquittal and sentence must first seek the Attorney-General’s consent in writing and produce his consent when filing the Notice of Appeal.

The appeal can only be filed by a party to the case or matter, who is referred to as the Appellant. The Appellant needs to complete and submit 1 set of the Notice of Appeal. The Notice of Appeal must contain an address to which any notices or documents connected with the appeal may be served.

If the Appellant is represented by a lawyer, the lawyer’s name, the law firm’s reference, address, telephone and fax number must be provided in the Notice of Appeal.

The completed form should be submitted (within 14 calendar days) at the Appeals Counter in Crime Registry and a fee of S$50 is required to be paid at the time of submission. Where the Appellant is a company, a letter of authorization is required from the company authorizing the representative of the company who signs on the Notice of Appeal.

When the timeline for filling the Notice of Appeal has lapsed and the Appellant still wishes to file his/her appeal, he/she can only do so by filing a Criminal Notion in the High Court applying for extension of time to file his/her appeal. If he/she obtains an approval from High Court, he/she may file his/her appeal at the State Courts.

Step 2: Service of Grounds of Decision & Notes of Evidence

When the Notice of Appeal is filed, the Judge will be informed and the Grounds of Decision for the case will be prepared. When the Grounds of Decision is ready, a copy of it with the Notes of Evidence of the case will be served on the Appellant or his lawyer via Speed Post.

The Appellant is entitled to the first set of record of proceedings and Grounds of Decision. Subsequent sets of record of proceeding, Grounds of Decision and exhibits tendered during hearing will be charged as follows: $0.50 for each page subject to a minimum of $10.

Step 3: Filing of the Petition of Appeal

Having been served with the Grounds of Decision and Notes of Evidence, the Appellant must file a Petition of Appeal at the Appeals Counter in Crime Registry within 14 calendar days of the service of the documents if he intends to proceed with the appeal.

If the timeline for filing the Petition of Appeal has lapsed and the Appellant wants to file his Petition of Appeal, he/she must file a Criminal Motion at the High Court for extension of time to file his/her Petition of Appeal.

If a petition is not filed within 14 days of service of the Grounds of Decision, the appeal shall be deemed withdrawn and the trial court shall enforce its sentence or order.

If the Appellant is on bail pending his/her appeal against a sentence of imprisonment, the Appellant must surrender to the Court that had sentenced him/her on the 15^th^ day after the service of the Grounds of Decision, failing which, a Warrant of Arrest will be issued.

The Warrant Enforcement Unit (a division of the Singapore Police Force) will arrest and produce the Appellant in court. Thereafter, the Appellant will be handed over to the Prisons Department for the sentence to be served.

The High Court will inform the Appellant of the hearing dates of the appeal.

Court Bail

1. What is Court Bail? ¹⁴

It is an amount of money or property required to be deposited with the Court, in order for the accused person to be released from custody of the Prison. The amount and nature of the bail will be decided by the Judge.

Bail serves as an assurance of the accused person’s attendance when required by the Court. If an accused person who is on bail, fails to appear in Court when so required, it can cause the bail money to be forfeited.

2. Can the Accused person leave Singapore while on Court Bail?

The accused person is not allowed to leave Singapore while he is on Court Bail. If the accused person wishes to leave Singapore, he must first make a written application stating his reasons, destination and duration. Only upon formal approval being granted by the Court can he then leave Singapore.

3. Who grants Court Bail?

The Judge presiding at the respective Court has the authority to grant bail.

4. Who can apply to stand as Surety?

Anyone who: (1) is above 21 years old; (2) is physical fit; (3) is not bankrupt, and (4) does not have any pending criminal proceedings against him or her can stand as surety. Finally, the application to be a surety is subject to the final discretion of the Judge.

5. Where is the processing of Court Bail done?

Bail Centre, which is located within the Crime Registry (ground floor of the State Courts Havelock Square Complex).

6. What are the operating hours of Bail Centre for processing bail?

Except for Public Holidays and Sundays:

Mondays to Thursdays 8.30 am to 1.00 pm / 2.15 pm to 6.00 pm

Fridays 8.30 am to 1.00 pm / 2.15 pm to 5.30 pm

Saturdays 8.30 am to 1.00 pm

Please note:

1. Registration for bail closes at 12 noon and at 5.00 pm on a weekday.
2. Registration closes at 12.00 noon on a Saturday.
3. Late registration of the bail can result in the bail not being able to be processed within the same day and in which event, the accused person would continue in remand at the Prison.

7. How is the amount of bail decided?

* To consider scaling bail amount upwards if offence is punishable with mandatory minimum imprisonment term AND caning

Note: Where the offence relates to property and the property is not recovered, the bail amount should generally bear some proportion to the value of the unrecovered property

The suggested bail quanta listed above are intended only to serve as general guidelines. They may be adjusted upwards or downwards depending on the facts and circumstances of the case, bearing in mind considerations such as: (a) the seriousness of the offence(s) – including the likely sentence upon conviction and any mandatory sentences; (b) the number of charges involved; (c) the accused’s antecedents (if any); (d) the accused’s individual circumstances, including his means of raising bail; (e) where the offence relates to property, the benefits obtained or loss caused by the accused, including the value of any unrecovered property; (f) whether the accused surrendered himself.

The court will also evaluate, based on available evidence, the likelihood of the accused absconding if he is released on bail and consider what would be an appropriate amount to secure his attendance. The court may also set additional conditions to court bail such as requiring the accused to refrain from attending a premise or setting foot on a place they specify, as well as forcing them to avoid communicating with certain people, etc.

The Prosecuting Officer may suggest a bail amount. If the accused person or his counsel is of the view that the amount is too high, he may make a counter proposal. The Court may proceed to hear submissions from both sides before determining the amount. The outcome is subject to the discretion of the Judge. Once bail is granted, the accused person would be remanded in prison until the bail processing is completed at the Bail Centre. Such bail processing is completed when the bail bond is executed.

8. What are the types of collateral that can be used/pledged as Court Bail?

The following collaterals that can be pledged depends on the bail amount granted, and any conditions that may be imposed by the Court:

* For bail amounts of $1000 and below, no collateral is required.

** Pledging of movable personal property, such as household items or jewellery, is by way of a sworn affidavit. (Such an affidavit will be prepared by the Bail Officer for the Surety’s attestation before a Commissioner for Oaths).

*** If personal property is used the surety will have to report in person to the Investigating Officer of the case, with the affidavit for verification purposes. Generally, the Investigating Officer may require the surety to submit documentary proof of ownership by the ^1^surety. ¹⁵ If the surety provides cash for at least half of the bail amount, such verification by the Investigating Officer will not be required.

9. What is verification?

It is a process to confirm that the current market value of the personal property pledged by the surety is worth the bail amount ordered by the Court. The verification process is as follows:

a. Verification is conducted by the Investigating Officer of the case. b. The Bail Officer will prepare the affidavit, based on the information given by the surety. c. The affidavit is then given to the surety in a sealed envelope with a direction that the surety is to report personally at the relevant law enforcement agency for the verification by the Investigating Officer. d. The Investigating Officer will assess whether the personal property is worth the bail amount and then endorse on the reverse side of the affidavit the outcome of his verification. e. The endorsed affidavit will be returned to the surety in a sealed envelope with a direction that the surety is to return to the Bail Centre with it. f. Upon the surety’s return, the Bail Centre will confirm whether the endorsed amount is worth the bail amount. If it is, the Bail Officer would then prepare the bail bond and have it executed before the Duty Judge. g. If however the affidavit has been endorsed as not worth the bail amount, the surety will be informed. The surety can then make alternative arrangements like using cash or bank account. If the surety decides to add further additional personal property the verification process will have to be reactivated.

10. What happens in Court Bail proceedings?

The Bail Officer will:

a. Prepare the bail bond and the affidavit, once the amount and method of payment have been ascertained, as well as the completion of the verification (if applicable), as explained above. b. Explain to the surety his responsibilities of the surety and the consequences when the conditions of the bail are breached. c. Inform him of the next mention or trial date. d. Forward the bail bond by fax to the Police Lock-Up for the accused person to sign e. Thereafter - The surety will appear before the Duty Judge, and the accused person will be present through the video-link. f. The Duty Judge will confirm with the accused person and his surety that they are aware of the mention or trial date and obtain surety’s confirmation that he or she is aware of his/her duties g. Once the Duty Judge accepts the surety’s application, the accused person would be released on bail.

11. What are the consequences of breaching Court Bail?

Accused Person: If the accused person fails to appear in Court on the required date and time, the Court will issue a Warrant of Arrest against him. This may result in bail being refused in future.

Surety: A Notice to Show Cause will be issued to the surety to attend Court on a specified date and time and to explain to the Judge as to why the bail amount should not be forfeited. If the Judge orders a forfeiture of any bail amount, and if the forfeited sum is not paid, the Court may proceed to recover the amount by issuing a Warrant of Attachment. A Warrant of Attachment is an enforcement procedure to recover the monies due, by way of sale of the property/properties belonging to the surety. If the forfeited sum cannot be recovered fully by such attachment and sale, the surety is liable to imprisonment for a term, which may extend to 6 months.

12. How does a surety obtain a release/refund of the Court Bail?

The collateral for the bail amount provided by the surety and retained by the Court would only be released or refunded to the surety upon the final conclusion of the case.

If a fixed deposit or savings account was used for purposes of bail, the relevant document which was submitted by the surety can be collected from the Finance Section, which is located on the ground floor of the Havelock Square Complex. Before proceeding to the Finance Section, the surety must first obtain a written confirmation from the officer of the Court (where the case was concluded) authorizing the Finance Section to release the collateral.

If cash was used the bail amount will be refunded to the surety’s bank account upon the final conclusion of the case. If the surety has an account with DBS, OCBC or UOB the refund to the surety would be within 15 working days. If surety has accounts with other banks there will be an additional 8 working days’ processing time. Please note that where cash is used as collateral, the refund will only be made to the surety’s bank account. Requests for refunds in cash or by way of cheque or for payment to be directed to any other person will not be allowed.

13. How can one discharge the duties of a surety before the conclusion of the case?

The surety can make an oral application in Court, usually on the day that the case is next mentioned or heard. A surety may also write to the Court for the matter to be fixed for mention to enable him to make the necessary application. Both the accused person and the surety must be present at the mention date. Upon the discharge of the surety, the accused person would be remanded in prison until or unless another surety is found.

The Criminal Legal Aid Scheme

What is CLAS?

The Criminal Legal Aid Scheme was set up in September 1985 as a project run by the Law Society of Singapore. It continues to be administered by the Law Society with a dedicated team of full-time staff.

CLAS fulfils one of the purposes of the Law Society which is to provide criminal legal assistance to the poor and needy in non-capital charges.

CLAS is different from the Legal Aid Bureau which is government-run. The Bureau provides legal aid and advice on civil but not criminal cases and applicants are subject to a means and merits test.

CLAS fulfils one of the purposes of the Law Society which is to provide criminal legal assistance to the poor and needy in non-capital charges.

Magistrate’s Complaints

A Magistrate’s Complaint is a written complaint lodged by a person (the Complainant) against one or more persons (the Respondents) whom he believes has committed a criminal offence against him. ¹⁶

How To File A Magistrate’s Complaint

Step 1: Filing of a Magistrates’ Complaint ¹⁷

A Magistrates Complaint can be filed by any person who wishes to seek redress for an offence that they believe has been committed against them (broad range i.e. cheating, tenancy complaints, and suspected illegality).

The complaint should be made on the Standard Complaint form. A Court interpreter will assist to complete the form if the complainant is unable to do so himself in English.

The completed form should be submitted to the Complaints Counter of the Crime Registry, together with:

1. A copy of a Police report, if any, and
2. A photocopy of the Complainant’s NRIC

The Complainant has to affirm or swear to the truth and accuracy of the matters stated in the application form before a Magistrate. If the Magistrate is satisfied that the application is in order, he may do any of the following:

1. Issue a Notice to both the Complainant and Respondent.

2. If the Respondent’s address or particulars are not available, direct the police to ascertain the particulars and thereafter issue a Notice to both the Complainant and Respondent.

3. Issue a Summons against the Respondent provided the Charge(s) are available.

4. Direct the police to investigate the Complaint.

5. Dismiss the Complaint.

The Complainant may apply to withdraw his complaint at any time before a summons is issued against the Respondent. If the summons has been issued, the Complainant may apply to withdraw the summons in open Court on an appointed court date.

Step 2: Issue of Notices

When the Judge directs that a Notice be issued to both the Complainant and the Respondent, the Crime Registry will prepare the Notices informing parties of the date and time they are required to appear before a Magistrate in chambers for what is known as Criminal Mediation. At this stage, no fee is payable by the Complainant.

Step 3: Criminal Mediation

When a Magistrate directs that a Notice be issued to both the Complainant and the Respondent, it means that the matter is fixed for criminal mediation before a Magistrate in Chambers.

The Complainant must be present on the day of the criminal mediation. Otherwise, it will be deemed that the Complainant is no longer interested in pursuing the complaint and the Magistrate will strike out the complaint.

When both parties appear before Magistrate for criminal mediation, the following may occur:

1. The Magistrate may refer both parties to the Community Mediation Centre (CMC). The CMC has a panel of trained mediators who are respected members society from all walks of life. If the matter is settled at CMC, parties will sign a Settlement Agreement. If settlement is not reached, fresh notices will be sent to the Complainant and the Respondent to appear before the Magistrate on another day.

2. The Magistrate may mediate the matter. If a settlement is reached, the complaint will be withdrawn and no further action will be taken. If there is no settlement, the Complainant may wish to proceed to trial by way of a private summons. A Summons will be issued once the Complainant has prepared the necessary harges against the Respondent. There is a fee of $20 payable for each Summons.

3. The Magistrate may refer the Complainant and the Respondent to a Court Mediator for mediation. Depending on the outcome of the mediation, the follow-up actions will be similar to paragraph 2 above.

Step 4: Service of Summons

Where a Summons is issued, the Complainant has to pay $20 for the issuance of the Summons.  The Complainant must serve the Summons on the Respondent. This is to give the Respondent notice that a Complaint has been started against him. Service of Summons can be done in the following ways:

Personal service: an authorised person (usually the Court Process Server if the Complainant does not have a lawyer) must hand the Summons to the Respondent personally. The Complainant will have to accompany the Court process server to serve the summons on the respondent. Transport charges for the service of the Summons to be borne by the Complainant.

If the above service fails, the process server may obtain the Court’s approval to serve the Summons by:

1. Leaving the Summons with an adult member of the Respondent’s household, or;
2. Posting the Summons on the front door of the Respondent’s place of residence.

It should be noted that a summons cannot be served on a Respondent who is residing outside of Singapore. Also, if the Complainant does not know the current address of the Respondent, the court will try to ascertain the address through available official records to effect service accordingly.

However, if it can be shown that the Respondent is no longer residing at the address that is reflected in available official records, the Complainant has a duty to find out the Respondent’s current address. If the address cannot be determined, the Complaint cannot proceed.

Step 5: Hearing of Summons

The case will proceed to hearing once the Summons has been served on the Respondent. At the hearing, the Respondent will be asked to enter a plea of guilty or not guilty. If the Respondent pleads guilty, the Court will pass a sentence immediately.

The matter will proceed to trial if the Respondent and has to give evidence in open court to prove their respective cases. The usual procedures of calling witnesses to support their case as well as the cross examining of witnesses will take place in open court. Cross-examination refers to the questioning of witnesses on what is said in evidence by the other party or his lawyer. The respective parties or lawyers representing the case will then present a summary of the case with the supporting arguments to the trial judge. The duration of the trial may take one or several days depending on the complexity of the case. At the of the hearing, the court will decide whether the Respondent is guilty of the offences as charged.

In the event the Respondent is absent on the day of the trial, the court will issue a Warrant of arrest against him. If a Warrant of Arrest is issued, the matter will be handed over to the Warrant Enforcement Unit* (a division of the Singapore Police Force) for execution. The process of the Warrant of Arrest may not be immediate. Once it is carried out, the police will arrest the Respondent and produce him in court. The court will offer the option to post bail for the Respondent and the case will be re-fixed for mediation.

Criminal Records

Under the Registration of Criminals Act (Cap. 268) (‘RCA’), the Police keep records in the Register of Criminals of persons convicted of any crime specified in the First and Second Schedules of the Act. These include personal particulars such as the photograph, finger impressions and conviction records. This is a record for life which is also used by the courts when sentencing repeat offenders. The RCA allows record of a conviction for a less serious crime to be considered as spent if the person stays clean after a specified period in order to aid their re-integration into society.

What kinds of offences are able to be registered?

Offences which can be registered are offences listed in the First and Second Schedules of the Registration of Criminals Act, such as murder, kidnapping, rape, theft, cheating, trespass, mischief, forgery, counterfeiting, and offences under Acts such as the Misuse of Drugs Act, Prevention of Corruption Act, and Women’s Charter and so on.

Spent Criminal Records

All records in the register of any person convicted within Singapore of any crime shall be capable of becoming spent in accordance with the requirements as set out in S7B of the RCA, subject to S7C. Those who qualify will be automatically have their criminal records spent and there is no need to apply to have it reviewed.

Requirements:

Satisfy a crime-free period: As defined in the RCA, “crime-free period” means a period not less than 5 consecutive years starting from the relevant date applicable to a person, during which the person:

1. has not been convicted of a crime;
2. has not been unlawfully at large in relation to any crime;
3. has not been detained or subject to police supervision under S30 of the Criminal Law (Temporary Provisions) Act (Cap. 67), and;
4. has not been subject to a supervision order or admitted to an approved institution under the Misuse of Drugs Act, or admitted to an approved centre at the Intoxicating Substances Act.

Imprisonment due to default of payment for the fine is not regarded as a “term of imprisonment” for the purpose of determining the date of the crime-free period. Hence, if a person is imprisoned because he is unable to pay a fine, his crime-free period starts from the date which the sentence was passed and not the date of release from imprisonment.

1. A person must not be disqualified from having his record spent on any of the grounds in S7C, which are:

   1. His conviction was for any offence specified in the Third Schedule, which are offences for which a criminal record cannot be spent. Offences under the Third Schedule include drug trafficking, rioting, culpable homicide, cause of grievous hurt, sexual offences, outrage of modesty or gang-robbery.

   2. The sentence imposed on him for that conviction included:
      1. A term of imprisonment exceeding 3 months; or
      2. A fine exceeding $2000
   3. That conviction was for a crime committed within 5 years after he had been released from:
      1. An approved institution under the Misuse of Drugs Act.
      2. An approved centre under the Intoxicating Substances Act.
   4. He has been detained or subject to a police supervision under S30 of the Criminal Law (Temporary Provisions) Act (Cap. 67) at any time before that conviction.
   5. He has a warrant of arrest for any offence issued against him which remains unexecuted.
   6. He has records in the register of more than one conviction, whether or not these convictions arise from the same particular occasion.
   7. He has had any previous record in the register of any of his convictions become spent under S7B or treated as spent under S7D

2. A person who is disqualified under S7C from having the record in the register of his conviction within Singapore for any crime becoming spent may, at any time, apply to the Commissioner of Police to have the record treated as spent. (S7D of the RCA).

Consequences of Criminal Record Being Treated as Spent

A person who had his criminal record spent is deemed to have no such record and may lawfully choose not to disclose the spent record for all purposes, except during:

1. An Investigation into an offence by a person authorised under any written law to carry out such investigation.
2. Any prosecution against the person for any offence.
3. Any proceedings before a court.
4. Any application by a person for an appointment to or employment in any office, or for admission to any profession or vocation, from which the person may be disqualified under any written law by reason of his conviction.

1. How can a person find out if his/ her criminal records are spent?

In order to find out whether a person’s criminal record has been marked spent, he can:

1. Make an appointment via the police hotline 6557 5700 during office hours to meet the counter staff of Police Records Office located at the Police Cantonment Complex. Due to the confidentiality of the information, no disclosures will be made on the phone.
2. Alternatively, the electronic portal allows ex-offenders to check whether their personal criminal records have been marked as spent online, using the NRIC number as the login ID and SingPass as the authentication password ¹⁸

2. Effect of spent criminal records overseas – including employment, immigration, studies, adoption

The Registration of Criminals Act is a domestic law. If a person is employed by an employer in Singapore under Singapore law, RCA applies even if he is posted overseas, and he may lawfully not disclose a spent record under Singapore law. However, if his employment is conducted under governance of another country’s law, RCA does not automatically apply and will depend on the law in the relevant foreign country.

4. If a person’s criminal record is spent, can he answer “no” when asked if he has a criminal record in an employment application?

Yes, since his criminal record has been rendered spent, he can lawfully say that he has no criminal record.

5. If a person’s criminal record is spent, can he answer “no” when asked if he has been convicted in a court of law in an employment application?

A person’s criminal record may be spent, but it does not change the fact that he had been convicted before. Hence, the person has to admit to having been convicted in a court of law.

6. What will happen to a person’s registrable particulars such as fingerprints, photographs and body samples records if his criminal record is rendered spent?

A criminal record that has been rendered spent is not erased from the Register of Criminals. Thus the registrable particulars collected as part of that criminal record will still remain in the Register of Criminals kept by the Police but the record will be marked as spent.

7. Will pending cases against me during or after the 5-year crime-free period affect my chances of my criminal record of a previous conviction being rendered spent?

A criminal record becomes spent when a person satisfies a crime-free period of 5 years. If, during the 5-year period, the person is convicted in court of another registrable offence, or if he is unlawfully at large in respect of a registrable offence, his record will not become spent. In addition, if a person has an outstanding warrant of arrest, he will be disqualified from having his record spent as long as the warrant remains outstanding. However, if the person has satisfied the crime-free period, his record will become spent and any subsequent conviction or warrant of arrest will not revive the earlier record.

8. Will a person who had previously been placed on probation be eligible for his criminal record to be rendered spent?

A probation is not considered a conviction and thus not a criminal record. A person who was placed on probation for committing an offence does not have a criminal record relating to that offence. His probation also does not disqualify him from having a subsequent record of a conviction for another offence rendered spent.

9. Are there exceptions where the criminal records are relevant even when spent?

The criminal records that can become spent are those of minor offences. However, there may be some sensitive professions or appointments from which a person may be disqualified by reason of his past convictions. Certain laws, such as the Medical Registration Act and others, already stipulate that a person convicted of certain offences, such as those involving dishonesty, be disqualified from either joining the profession or being appointed to certain posts within the profession.

This amendment to the Registration of Criminals Act will not displace any of the existing requirements in the law for the various professions. In other words, the criteria for joining or being appointed to these professions or positions is determined by the specific laws relating to those professions or appointments.

10. Can a person’s criminal record be rendered spent if he has just missed the criteria by a few days or by a few hundred dollars? Is there an appeal channel?

A person who is disqualified by the conditions stated in section 7C of the Registration of Criminals Act can apply to the Commissioner of Police under section 7D of the RCA for their criminal records to be rendered spent.

11. What is the Home Team doing to educate the public and employers on giving ex-offenders a second chance?

The Home Team will engage employers to encourage them to ask about “criminal records” instead of “previous convictions” in their employment questionnaires, if they require information about the criminal history of potential employees.

12. Will the public be in danger (compromise on public safety) because ex-offenders are getting their records spent, for this may mean that there is no prior knowledge of their criminal past and hence little room for taking precautions against them re-offending in future?

While the government is committed to giving ex-offenders a second chance, public safety remains the key concern. This is why only records of less serious crimes are allowed to be rendered spent. These are very minor crimes such as shop theft where public safety would not be compromised even with the implementation of the policy to render these records spent. Criminal records of serious crimes such as culpable homicide and drug trafficking will not qualify to be rendered spent.

13. Why can’t the government take a more liberal approach by expunging the criminal record of minor offences?

There is a need to strike a balance between the interest of ex-offenders and the interest of employers and the concerns of society. As this is a new initiative, the government has decided to adopt a more cautious approach by providing for records to be spent instead of expunged. The scheme will be regularly reviewed and the expunging of criminal records can be considered in the future.

Juvenile Crimes/Offences

1. Power of the Court on Juvenile Arrest Cases (JAC)

The Juvenile Court has the power to make orders for juveniles where an offence has been proved, or where the juvenile admits the facts constituting the offence under s44 of the Children and Young Persons Act (CYPA). During this process, the Juvenile Court takes into consideration every individual offenders strengths and limitations to make the orders.

In broad terms, the factors that the Juvenile Court considers when making the order include:

• Rehabilitation and reformation of the offender
• Removal of him/her from undesirable surroundings
• Promoting his/her education and welfare
• Compensation of victim(s) involved
• Protection of public
• Minimising the risk of further offending by the offender
• Punishment of the offender

The Juvenile Court is empowered with the following options to deal with a juvenile offender upon a finding of guilt under s44 of the CYPA:

• Discharge the offender
• Commit the offender to the care of a relative or other fit person
• Offender’s parent or guardian to execute a bond to exercise proper care and guardianship
• Community service order
• Probation order
• Detention at a Place of Detention
• Weekend Detention at a Place of Detention or Approved Institution
• Juvenile Rehabilitation Centre
• Reformative Training Centre
• Payment of a fine, damages or costs

2. Family Conferencing

Under s45 of the CYPA, the Juvenile Court Magistrate may order that a Family conference be convened to deal with an offender found guilty of an offence. This order is made if in respect of the offender’s family background, general conduct, home surroundings, school record, medical history and state of development of the offender, the court is satisfied that it would be in the best interests of the offender that he/she be dealt with by a Family conference.

Family Conference consists of a Court appointed facilitator, the offender and family, the probation officer, police investigation and prosecuting officers, victim and family, school representatives, psychologists and other community representatives. The results and recommendations of the Family Conference are made to the Magistrate who then makes appropriate orders in open Court. If it is deemed appropriate, under s46 of the CYPA, the Court may make an additional order requiring either or both the Child or Young Person and the Parent or Guardian thereof to undergo counselling, psychotherapy or other appropriate programmes.