Singapore legislation

Clause 33

of Road Traffic Ordinance

Clause 33

Restrictions on prosecutions under certain sections

Where a person is prosecuted for an offence under section 24 or 25 of this Ordinance or under any of the provisions of this Part of this Ordinance relating to the maximum speed at which motor vehicles may be driven, he shall not be convicted unless either —

(a)

he was warned at the time the offence was committed that the question of prosecuting him for an offence under any such provision as aforesaid would be taken into consideration; or

(b)

within fourteen days of the commission of the offence a summons for the offence was served on him; or

(c)

within the said fourteen days a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or to the person registered as the owner of the motor vehicle at the time of the commission of the offence:Provided that —

(i)

failure to comply with this requirement shall not be a bar to the conviction of the accused in any case in which the court is satisfied that —

(1)

neither the name and address of the accused nor the name and address of the registered owner of the motor vehicle could with reasonable diligence have been ascertained in time for a summons to be served or for a notice to be served or sent as aforesaid; or

(2)

the accused by his own conduct contributed to the failure; and

(ii)

the requirements of this section shall in every case be deemed to have been complied with unless and until the contrary is proved:And provided further that this section shall not apply in any case in which the person prosecuted was, in connection with the incident in respect of which a charge against such person is preferred, arrested either on the day on which such incident occurred or within fourteen days of such date. [31]