Singapore legislation

Section 408A

of Criminal Procedure Code 2010

Section 408A

Dealing with motion in absence of parties, etc.

Amended by19/201819/201819/201819/201840/2019

(1)

The relevant court may deal with a criminal motion in the absence of the parties to the proceedings, if —

(a)

the respondent is —

(i)

the prosecution; or

(ii)

an accused who is represented by an advocate; and

(b)

each party —

(i)

consents to the motion being dealt with in the absence of that party; and

(ii)

consents to the relief or remedy that is sought under the motion.

Amended by19/2018

(2)

Where subsection (1) applies, but the relevant court is not inclined to grant the relief or remedy that is sought under the motion —

(a)

the motion must be set down for hearing; and

(b)

each party to the proceedings must be informed of the date and time appointed for the hearing.

Amended by19/2018

(3)

The relevant court may, after hearing every party that attends the hearing mentioned in subsection (2), make such order as the relevant court thinks fit.

Amended by19/2018

(4)

Where every party to the proceedings consents to the withdrawal of the motion, the relevant court may summarily give leave to withdraw the motion by an order under the hand of a Judge sitting in the Court of Appeal or a Judge, without the motion being set down for hearing.

Amended by19/201840/2019