Second phase of amendments under Criminal Procedure (Miscellaneous Amendments) Act 2024 to strengthen levers to tackle crime and enhance criminal court processes takes effect

27 August 2024

On 1 August 2024, the second phase of amendments to the Criminal Procedure Code 2010 (“CPC”) introduced by the Criminal Procedure (Miscellaneous Amendments) Act 2024 (“Act”) took effect.

Background

The Act, which was passed in Parliament on 5 February 2024, advances Singapore’s criminal justice system and contains various amendments aimed at (i) protecting the public by strengthening levers to tackle crime, including serious sexual crime, and (ii) enhancing transparency, fairness, and coherence in Singapore’s criminal court processes. The first phase of amendments took effect on 31 May 2024. For more information about the first phase of amendments that have taken effect, please see our article “Criminal Procedure Code 2010 amended to enhance powers of Police and improve efficiency in court processes”.

Amendments effective 1 August 2024

Key amendments which took effect on 1 August 2024 include the following:

  • Expanding and clarifying the circumstances under which a search can be conducted without a warrant issued by the courts. This amendment allows the Police to search for a document or a thing if the Police considers it necessary for investigations and believes that it is in the possession or control of a person suspected of having committed an arrestable offence. Obstruction of such searches will be an arrestable offence.
  • Clarifying that the Police may order all financial institutions, such as banks, merchant banks, and finance companies, to provide customer information for investigations.
  • Enhancing the powers of specific non-Police Home Team Departments (i.e. the Central Narcotics Bureau, the Immigration and Checkpoints Authority, and Singapore Prisons Services) to pursue and arrest persons who have escaped from lawful custody. This enhances the Home Team’s operations.
  • Empowering non-Police law enforcement agencies (“LEAs”) to deal with seized property, such as assessing claims of ownership and deciding whether the property should be sold. This allows the non-Police LEA that has seized the property to continue to deal with the property without having to seek Police assistance.
  • Allowing persons accused of relatively minor non-bailable offences (i.e. offences punishable with up to seven years’ imprisonment) to be released on personal bond, as an alternative to bail. This allows more accused persons to be released during investigations and court proceedings, where appropriate.
  • Enhancing the protection of confidential customer information held by banks, merchant banks, and licensed trust companies. Following the amendments, only specified LEAs set out in the CPC can issue production orders for customer information, or search for and make copies of computerised customer information data, for the purpose of investigating an offence under a specified law set out in the CPC.
  • Improving the victim compensation regime. Following the amendments, (i) the court must give reasons if it does not make a compensation order where it has the power to do so, (ii) victims will be able to participate in the compensation order process by making submissions or giving evidence, and (iii) the court will be empowered to order compensation for bereavement and funeral expenses to be paid to the dependants of a victim whose death was caused by the offence.

In a press release issued on 1 August 2024, the Ministry of Law (“MinLaw”) stated that the remaining amendments will come into force at a later stage.

Reference materials

The following materials are available on the MinLaw website www.mlaw.gov.sg and Singapore Statutes Online sso.agc.gov.sg: