On 1 August 2024, phase two of the Criminal Procedure (Miscellaneous Amendments) Act 2024 (“Amendment Act“) came into effect. The Amendment Act, which was passed in Parliament on 5 February 2024, amends the Criminal Procedure Code 2010 (“CPC“).
By way of background, the Amendment Act contains various amendments to the CPC and advances the criminal justice system by (i) protecting the public by strengthening levers to tackle crime, including serious sexual crime; and (ii) enhancing transparency, fairness and coherence in criminal court processes.
The amendments will be rolled out in six phases. The first phase, comprising six amendments, came into effect on 31 May 2024.
Under the second phase, the following seven amendments came into effect on 1 August 2024:
- Expanding and clarifying the circumstances when a search without a court warrant can be conducted. The Police can search for a document or thing where they consider it necessary for investigations and believe it is in the possession or control of a person suspected of having committed an arrestable offence. It is an arrestable offence to obstruct these searches.
- Clarifying that the Police may order all financial institutions to provide customer information for investigations.
- Enhancing the powers of specific non-Police Home Team Departments (i.e. Central Narcotics Bureau, Immigration and Checkpoints Authority, and Singapore Prisons Services) to pursue and arrest persons who have escaped lawful custody.
- Empowering non-Police law enforcement agencies (“Non-Police LEAs“) to deal with seized property. Non-Police LEAs can continue dealing with seized property without needing Police assistance.
- Allowing persons accused of relatively minor non-bailable offences (i.e. punishable with up to seven years’ imprisonment) to be released on personal bond instead of bail.
- Enhancing the protection of confidential customer information held by banks, merchant banks and licensed trust companies. Only specified LEAs can issue production orders for customer information, or search for and make copies of computerised customer information data for the purpose of investigating offences under specified laws. The list of specified LEAs and specified laws are set out in the CPC.
- Improvements to the victim compensation regime. First, the court must provide reasons if it does not make a compensation order where it has the power to do so. Next, the victims, representatives or dependants (as applicable) may participate in the compensation order process by making submissions or giving evidence. Finally, the court is empowered to order compensation for bereavement and funeral expenses to be paid to the victim’s dependants where the death of the victim was caused by the offence.
The Ministry of Law has indicated that the remaining amendments will come into force later.
Click on the following links for more information:
- Criminal Procedure (Miscellaneous Amendments) Act 2024 (available on the Singapore Statutes Online website at agc.gov.sg)
- Ministry of Law (“MinLaw“) and the Ministry of Home Affairs Press Release titled “Phase 2 Commencement of the Criminal Procedure (Miscellaneous Amendments) Act 2024” (available on the MinLaw website at mlaw.gov.sg)
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