Singapore legislation

Section 21

of Environmental Public Health Act 1987

Section 21

Notice to attend Court

Amended by15/2014

(1)

Any person who commits an offence under section 17, 18, 19 or 20 may be arrested without warrant by any police officer or authorised officer, and taken before a Magistrate’s Court or a District Court (as the case may be), and shall be liable on conviction —

(a)

in the case of an offence under section 20(1), to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $100,000 and to imprisonment for a term of not less than one month and not more than 12 months;

(b)

in the case of an offence under section 17(1)(h), to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and

(c)

in the case of any other offence, to a fine not exceeding —

(i)

in the case of a first conviction, $2,000;

(ii)

in the case of a second conviction, $4,000; and

(iii)

in the case of a third or subsequent conviction, $10,000.

Amended by15/2014

(2)

Despite subsection (1) or any other written law, any police officer or authorised officer who, having effected an arrest in accordance with this section, is satisfied as to the identity, name and place of residence of the person arrested, may, instead of taking that person before a Court or to a police station, serve upon that person a notice in such form as may be prescribed under section 108 requiring the person to attend at the Court described at the hour and on the date specified in the notice.

(3)

For the purpose of satisfying himself or herself as to the identity of the person arrested, the police officer or authorised officer may require the person to provide any evidence of identity that he or she may consider necessary.

(4)

A duplicate of the notice mentioned in subsection (2) must be prepared by the police officer or authorised officer (as the case may be) and produced by him or her to a Court, if so required by the Court.

(5)

On an accused person appearing before a Court pursuant to such a notice, the Court is to take cognizance of the offence alleged and is to proceed as though the accused were produced before it under subsection (1).

(6)

If a person upon whom a notice under subsection (2) has been served fails to appear before a Court in accordance therewith, the Court is to thereupon issue a warrant for the arrest of that person.

(7)

Upon a person arrested pursuant to a warrant of arrest issued under subsection (6) being produced before a Court, the Court is to —

(a)

proceed as though the person were produced before it under subsection (1); and

(b)

at the conclusion of the proceedings call upon the person to show cause why he or she should not be punished for failing to attend in compliance with the notice served upon him or her, and if cause is not shown may order him or her to pay a penalty not exceeding $2,000 as the Court thinks fit or may commit him or her to prison for a term not exceeding 2 months.

(8)

Upon the conviction of any person under subsection (1), the Director‑General may, in the manner provided in section 89, recover from the person the costs and expenses incurred by the Director‑General in cleaning the public place except that where an offence was committed by any person in the course of his or her employment, the Director‑General may recover the costs and expenses in the manner provided in section 89 from the employer of the person.

(9)

This section applies, with the necessary modifications, to any person who contravenes any regulations made under this Act in respect of public cleansing.