Singapore legislation
Clause 32
Clause 32
Variation of OCPO or FRO
(1)
An application for the variation of an OCPO or FRO under this section may be made by the following persons to the court which first made the OCPO or FRO:
the Public Prosecutor;
the person who is the subject of the OCPO or FRO;
any other person.
(2)
A court may, on an application under this section by the Public Prosecutor, vary an OCPO or FRO if it has reasonable grounds to believe that the terms of the OCPO or FRO as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the OCPO or FRO, in a Part 2 offence, or a serious offence associated with an organised criminal group.
(3)
Where an application is made under subsection (1), any term of the OCPO or FRO in relation to which the variation is applied for continues to have effect despite the application, and only ceases to have effect if the application is allowed by the court.
(4)
The court must not entertain an application by the person who is the subject of the OCPO or FRO unless it considers that there has been a material change of circumstances affecting the OCPO or FRO.
(5)
The court must not entertain an application by any person falling within subsection (1)(c) unless it considers that —
the person is adversely affected by the order significantly;
condition A or B as specified in subsection (6) or (7), respectively, is met; and
the application is not for the purpose of making the OCPO or FRO more onerous on the person who is the subject of it.
(6)
Condition A is that —
the person falling within subsection (1)(c) —
has, on an application under section 28, been given an opportunity to make representations; or
has made an application otherwise than under that section in relation to the OCPO or FRO; and
there has been a material change of circumstances affecting the OCPO or FRO.
(7)
Condition B is that —
the person falling within subsection (1)(c) has not made an application of any kind in earlier proceedings in relation to the OCPO or FRO; and
it was reasonable in all the circumstances for the person not to have done so.
(8)
A variation on an application by the Public Prosecutor may include an extension of the period during which the OCPO or FRO, or any provision of it, is in force (subject to the original limits imposed on the OCPO or FRO by sections 17 and 22, respectively).
(9)
Rules of Court may provide for the manner in which an application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.