Singapore legislation

Section 36

of Children and Young Persons Act 1993

Section 36

Bail of children and young persons arrested

Amended by3/201127/20143/201127/201430/20193/201127/201440/20193/201127/20143/2011

(1)

Where a person apparently below 16 years of age is arrested with or without warrant and he or she is not released, he or she must be brought before a Youth Court.

Amended by3/201127/2014

(2)

Where the person cannot be brought immediately before a Youth Court as required under subsection (1), the police officer or other officer from a law enforcement agency making the arrest must, without unnecessary delay and within 48 hours after the person is arrested, take or send the person arrested before a Magistrate.

Amended by3/201127/201430/2019

(3)

The Youth Court or Magistrate (as the case may be) before whom a person is brought under subsection (1) or (2) is to inquire into the case and is to determine whether —

(a)

the charge is one of an offence triable only by the General Division of the High Court;

(b)

it is necessary in the interest of the person to remove him or her from association with any undesirable person;

(c)

the person is likely to abscond;

(d)

the person may commit further offences;

(e)

it is necessary to —

(i)

prevent the loss or destruction of evidence relating to the offence with which the person is charged; or

(ii)

prevent interference with any witness in respect of any such offence; or

(f)

there is reason to believe that the release of that person would otherwise defeat the ends of justice.

Amended by3/201127/201440/2019

(4)

If none of the circumstances referred to in subsection (3) exist, the Youth Court or Magistrate is to release the person on a bond, with or without sureties, for such amount as will, in the opinion of the Youth Court or Magistrate, secure the attendance of the person upon the hearing of the charge.

Amended by3/201127/2014

(5)

The bond must be entered into by the parent or guardian of the person or any other person responsible for the care and control of the person.[30

Amended by3/2011