Singapore legislation

Clause 8

of Criminal Procedure Code (Amendment) Bill

Clause 8

Amendment of section 319

Section 319 of the principal Act is amended —

(a)

by deleting paragraph (b) of subsection (1) and substituting the following paragraph:“(b)the court which imposed the fine may choose to do all or any of the following things at any time before the fine is paid in full:

(i)

allow and extend time for its payment;

(ii)

direct that the fine be paid by instalments;

(iii)

order the attachment of any property, movable or immovable, belonging to the offender —

(A)

by seizure of such property which may be sold and the proceeds applied towards the payment of such fine; or

(B)

by appointing a receiver who shall be at liberty to take possession of and sell such property and apply the proceeds towards the payment of such fine;

(iv)

direct any person who owes money to the offender to pay the court the amount of that debt due or accruing or the amount that is sufficient to pay off the fine;

(v)

direct that in default of payment of the fine, the offender must suffer imprisonment for a certain term which must be consecutive with any other imprisonment to which he may be sentenced, including any other imprisonment term or terms imposed on the offender under this section in default of payment of fine, or to which he may be liable under a commutation of a sentence;

(vi)

direct that the person be searched, and that any money found on him when so searched or which, in the event of his being committed to prison, may be found on him when taken to prison, shall be applied towards the payment of such fine, and the surplus, if any, being returned to him; provided that the money shall not be so applied if the court is satisfied that the money does not belong to the person on whom it was found;”;

(b)

by deleting the words “subsection (1)(b)(iii)(C)” in subsection (2) and substituting the words “subsection (1)(b)(iv)”; and

(c)

by inserting, immediately after subsection (2), the following subsection:“(3) Any person may, not later than 7 days after the date of the seizure of any property under subsection (1)(b)(iii)(A) or the taking of possession of any property by the receiver under subsection (1)(b)(iii)(B), as the case may be, make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (1)(b)(iii) and the court shall make such order as it sees fit.”.