Singapore legislation
Clause 128
Clause 128
Saving and transitional provisions
(1)
Despite sections 2(f), 4, 31, 34, 45, 46, 47, 48, 63, 76, 82, 83, 84, 85, 86, 115(a) and 120(1) (called in this subsection the relevant provisions of this Act), the following provisions of the Code as in force immediately before the date of commencement of the relevant provisions of this Act continue to apply to an accused in relation to an offence to be tried in the High Court, if the accused was charged with that offence before the date of commencement of the relevant provisions of this Act:
the definition of “proceeding” in section 2(1) of the Code;
sections 7(1)(b), 122(3), 148(3), 172, 175, 210, 240(1) and (2), 264(1), 287, 291(1), 292, 293(2), 297 and 426(2) of the Code;
Divisions 2, 3 and 4 of Part X of the Code;
the Third Schedule to the Code.
(2)
Section 49 does not apply to an accused in relation to an offence to be tried in the High Court, if the accused was charged with that offence before the date of commencement of that section.
(3)
Subject to subsections (4) and (5), sections 68 to 73 apply, on and after the date of commencement of those sections —
to every person released by the court under section 249(1) of the Code as in force immediately before that date — as if that person had been released pursuant to an order of the court under section 249(2) of the Code as in force on that date;
to every person who, immediately before that date, continues to be confined under section 249(2) of the Code as in force immediately before that date — as if that person had been confined pursuant to —
an order of the Minister under section 249(9)(b) of the Code as in force on that date, if any offence that the person is charged with is a capital or life imprisonment offence; or
an order of the Minister under section 249(9)(c)(i) of the Code as in force on that date, if no offence that the person is charged with is a capital or life imprisonment offence;
to every person who, immediately before that date, continues to be confined under section 252 of the Code as in force immediately before that date — as if that person had been confined pursuant to an order of the Minister under section 252(6)(a) of the Code as in force on that date;
to every person who, after being confined under section 249(2) of the Code as in force immediately before that date, was delivered, before that date, to the care and custody of a relative or friend of the person under section 255 of the Code as in force immediately before that date, and who continues to be under such care and custody immediately before that date — as if that person had been released pursuant to an order of the Minister under section 255(1)(b) of the Code as in force on that date;
to every person who, after being confined under section 252 of the Code as in force immediately before that date, was delivered, before that date, to the care and custody of a relative or friend of the person under section 255 of the Code as in force immediately before that date, and who continues to be under such care and custody immediately before that date — as if that person had been released pursuant to an order of the Minister under section 255(8)(b) of the Code as in force on that date;
to every person who, after being confined under section 249(2) of the Code as in force immediately before that date, was detained in custody or in prison, or sent to a psychiatric institution, pursuant to an order of the Minister under section 256 of the Code as in force immediately before that date, and who continues to be so detained immediately before that date — as if that person had been confined in a psychiatric institution, a prison or any other suitable place of safe custody pursuant to —
an order of the Minister under section 249(9)(b) of the Code as in force on that date, if any offence that the person is charged with is a capital or life imprisonment offence; or
an order of the Minister under section 249(9)(c)(i) of the Code as in force on that date, if no offence that the person is charged with is a capital or life imprisonment offence; and
to every person who, after being confined under section 252 of the Code as in force immediately before that date, was detained in custody or in prison, or sent to a psychiatric institution, pursuant to an order of the Minister under section 256 of the Code as in force immediately before that date, and who continues to be so detained immediately before that date — as if that person had been confined in a psychiatric institution, a prison or any other suitable place of safe custody pursuant to an order of the Minister under section 252(6)(a) of the Code as in force on that date.
(4)
Where section 68 applies, on or after the date of commencement of that section, to a person mentioned in subsection (3)(b) or (f), as if that person had been confined pursuant to an order of the Minister under section 249(9)(c)(i) of the Code as in force on that date —
every order made in respect of that person by the Minister, under section 249(2) or 256 of the Code as in force immediately before that date, is deemed to be an order of the Minister made in respect of that person under section 249(9)(c)(i) of the Code as in force on that date;
the Minister must, within a reasonable time, apply to the court for a determination of the notional imprisonment period that applies, under section 249(9)(c)(i) of the Code as in force on that date, to that person;
the court must, within a reasonable time —
determine that notional imprisonment period in accordance with section 249(10) of the Code as in force on that date;
determine whether that person has already been confined, pursuant to the order or orders made in respect of that person by the Minister under section 249(2) or 256 of the Code as in force immediately before that date, for a period that is longer than that notional imprisonment period; and
inform the Minister of the determinations under sub‑paragraphs (i) and (ii); and
if the court determines that that person has already been confined for a period that is longer than that notional imprisonment period, the following apply:
the court may —
after due inquiry, send that person to a designated medical practitioner at a psychiatric institution for treatment;
remand that person in custody in accordance with section 238 of the Code; or
release that person on bail, on personal bond, or on bail and on personal bond, under section 92 or 93 of the Code;
where sub‑paragraph (i)(A) applies, that person may be dealt with in accordance with the provisions of the Mental Health (Care and Treatment) Act (Cap. 178A);
that person is deemed to be lawfully confined, under an order made in respect of that person by the Minister under section 249(2) or 256 of the Code as in force immediately before that date, until the expiration of the day on which the court makes its decision under sub‑paragraph (i).
(5)
Where section 69 applies, on or after the date of commencement of that section, to a person mentioned in subsection (3)(c) or (g), as if that person had been confined pursuant to an order of the Minister under section 252(6)(a) of the Code as in force on that date —
every order made in respect of that person by the Minister, under section 252(2) or 256 of the Code as in force immediately before that date, is deemed to be an order of the Minister made in respect of that person under section 252(6)(a) of the Code as in force on that date;
in any case where the total period of confinement of that person, under every order made in respect of that person by the Minister under section 252(2) or 256 of the Code as in force immediately before that date, exceeds 12 months, but does not exceed the notional imprisonment period, under section 252(8) of the Code as in force on that date, that applies to that person —
the Minister must, within a reasonable time, apply to the court, under section 252(7)(a) of the Code as in force on that date, for the further confinement of that person; and
that person is deemed to be lawfully confined, under an order made in respect of that person by the Minister under section 252(2) or 256 of the Code as in force immediately before that date, until the expiration of the day on which the court decides the Minister’s application;
in any case where the total period of confinement of that person, under every order made in respect of that person by the Minister under section 252(2) or 256 of the Code as in force immediately before that date, exceeds the notional imprisonment period, under section 252(8) of the Code as in force on that date, that applies to that person, the following apply:
the person must be produced, within a reasonable time, before a court;
the court may —
after due inquiry, send that person to a designated medical practitioner at a psychiatric institution for treatment; or
direct that that person be released;
where sub‑paragraph (ii)(A) applies, that person may be dealt with in accordance with the provisions of the Mental Health (Care and Treatment) Act;
that person is deemed to be lawfully confined, under an order made in respect of that person by the Minister under section 252(2) or 256 of the Code as in force immediately before that date, until the expiration of the day on which the court makes its decision under sub‑paragraph (ii).
(6)
Paragraph (a) of section 92 does not apply to any offence committed before the date of commencement of that paragraph.
(7)
For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent to the enactment of that provision as the Minister may consider necessary or expedient.
(8)
In this section, “capital or life imprisonment offence” means an offence that —
is punishable with death or imprisonment for life; and
is not —
also punishable with an alternative punishment other than death or imprisonment for life; and
to be tried before a District Court or a Magistrate’s Court.