Clause 183

Sections 26B, 26C and 26D apply only where a police officer reasonably suspects that a person is about to or has attempted to commit suicide and where the powers under those sections are reasonably necessary for any of the following purposes:

preventing personal injury, hurt or death to any person;

facilitating an inquiry within the meaning of section 2 of the Coroners Act (Cap. 63A) if death is caused either to the person who attempted suicide or any other person;

preserving evidence for the purpose of any subsequent investigations into or proceedings in relation to any suspected arrestable offence which may be disclosed.(2) For the purposes of this section and sections 26B, 26C and 26D —

a reference to a police officer includes a reference to —

a special police officer; and

a forensic specialist acting in the course of his duty as such in accordance with the written authorisation of the Commissioner under section 65B and the lawful directions of the police officer he assists;

“arrestable offence”, “court”, “financial institution”, “place”, “police station” and “property” have the same meanings as in section 2(1) of the Criminal Procedure Code (Cap. 68).Search by police officer for or of person in suicide or attempted suicide cases26B.—

A police officer may, without a search warrant —

search or cause a search to be made in any place for a person if the police officer has reason to believe that the search is necessary for any purpose mentioned in section 26A(1);

search a person and place in safe custody all articles other than necessary wearing apparel found upon that person if the police officer has reason to believe that the search is necessary for any purpose mentioned in section 26A(1).(2) The police officer in subsection (1) must, if reasonably practicable, conduct the search in person.(3) The provisions of the Criminal Procedure Code (Cap. 68) relating to searches pursuant to search warrants, with the necessary modifications, apply to a search made under this section.(4) Where a police officer executing any search under this section demands entry or access to a place liable to search under this section, the occupier or any person in charge of the place must allow him free entry or access and provide all reasonable facilities for a search in it.(5) If free entry or access to that place cannot be obtained under subsection (4), it is lawful in any case for the police officer or other person executing the search to break open any outer or inner door or window of any place or to use any other reasonable means in order to gain entry or access into the place.Search by police officer for document or thing in suicide or attempted suicide cases26C.—

A police officer may, without a search warrant, search or cause a search to be made for a document or other thing in any place if —

the police officer considers the document or thing to be necessary for any purpose mentioned in section 26A(1);

the police officer has reason to believe that the document or thing, which he considers to be necessary for any purpose mentioned in section 26A(1), is likely to be removed; or

it is not known who possesses the document or thing which the police officer considers to be necessary for any purpose mentioned in section 26A(1).(2) The police officer in subsection (1) must, if reasonably practicable, conduct the search in person.(3) The provisions of the Criminal Procedure Code relating to searches pursuant to search warrants, with the necessary modifications, apply to a search made under this section.(4) Where a police officer executing any search under this section demands entry or access to a place liable to search under this section, the occupier or any person in charge of the place must allow the police officer free entry or access and provide all reasonable facilities for a search in it.(5) If free entry or access to that place cannot be obtained under subsection (4), it is lawful in any case for the police officer or other person executing the search to break open any outer or inner door or window of any place or to use any other reasonable means in order to gain entry or access into the place.Powers to seize property in suicide or attempted suicide cases26D.—

A police officer may seize, or prohibit the disposal of or dealing in, any property.(2) If the property liable to be seized under subsection (1) is held or suspected to be held in an account or a safe deposit box in a financial institution, a police officer of or above the rank of inspector may, by written order —

direct the financial institution to deliver the property to any police officer; or

direct the financial institution not to allow any dealings in respect of the property in such account or safe deposit box for such period as may be specified in the order.(3) A police officer to whom any property has been delivered because of an order under subsection (2)(a) must, as soon as is reasonably practicable, report at a police station his receipt of the property.(4) A police officer may exercise the powers conferred under this section despite any provision in any other law relating to the seizure of, or the prohibition of any disposal of or dealing in, any property.(5) Where any property held in an account in a financial institution is subject to an order made under subsection (2)(b) —

any interest or other earnings on such account, or any other payments, may be credited into such account after the date on which the written order was made; and

any such interest, other earnings or payments is deemed to be subject to that same written order.(6) Any financial institution which contravenes an order made under subsection (2)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.(7) A court may —

subsequent to an order of a police officer made under subsection (2); and

on the application of any person who is prevented from dealing with property,order the release of such property or any part of such property.(8) The court may only order a release of property under subsection (7) if the court is satisfied that —

such release is necessary for the payment of basic expenses, including any payment for foodstuff, rent, the discharge of a mortgage, medicine, medical treatment, taxes, insurance premiums and public utility charges;

such release is necessary exclusively for —

the payment of reasonable professional fees and the reimbursement of any expenses incurred in connection with the provision of legal services; or

the payment of fees or service charges imposed for the routine holding or maintenance of the property which the person is prevented from dealing in;

such release is necessary for the payment of any extraordinary expenses;

the property is the subject of any judicial, administrative or arbitral lien or judgment, in which case the property may be used to satisfy such lien or judgment, provided that the lien or judgment arose or was entered before the order was made under subsection (2)(b); or

such release is necessary, where the person is a company incorporated in Singapore, for any day‑to‑day operations of the company.(9) Part XIX (Disposal of property) of the Criminal Procedure Code applies to the disposal of any property seized under this section with the necessary modifications as if it were property seized in the exercise of any power under that Code.”.