Singapore legislation

Section 142

of Criminal Procedure Code

Section 142

When accused person to be discharged

(1)

When the written statements and all the other evidence, if any, in support of the prosecution have been received in evidence, the examining Magistrate shall, if he finds that there are not sufficient grounds for committing the accused person for trial, discharge him.

(2)

If after taking the evidence for the prosecution as aforesaid, the examining Magistrate is of the opinion that there are sufficient grounds for committing the accused, but that the offence disclosed by the evidence is such as might more properly be tried summarily, he may either —

(a)

frame a charge or charges in writing and call upon the accused to plead thereto; or

(b)

order the accused to be tried before any other Magistrate’s Court or before a District Court.

(3)

If the examining Magistrate proceeds under subsection (2) (a), the case shall proceed as a summary trial.

(4)

Nothing in this section shall be deemed to prevent an examining Magistrate from discharging the accused at any previous stage of the case if for reasons to be recorded by the examining Magistrate, he considers the charge to be groundless.

(5)

When the examining Magistrate is of the opinion that there are peculiar difficulties or circumstances connected with the case or whenever he is so directed by the Public Prosecutor, he shall remand the accused or admit him to bail and shall forthwith transmit the evidence before the court to the Public Prosecutor in order that he may give such instructions as to him appear requisite. [141