Singapore legislation

Clause 112

Repeal and re-enactment of section 408 and new sections 408A and 408B

Section 408 of the Code is repealed and the following sections substituted therefor:“Adjournment of hearing

408. The hearing of a criminal motion may be adjourned from time to time by the relevant court on such terms as the relevant court thinks fit.Dealing with motion in absence of parties, etc.408A.—

(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.(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.(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.(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 of Appeal or a Judge, without the motion being set down for hearing.Decision or order affecting lower court408B. Where, on hearing or dealing with a criminal motion, the relevant court makes a decision or an order that affects a lower court, the relevant court must certify its decision or order to the lower court.”.

Read in full context — Criminal Justice Reform Bill →