Singapore legislation
Clause 55
Clause 55
New sections 51AB, 51AC, 51AD and 51AE
In the principal Act, after section 51AA, insert —“Power to arrest other persons within authorised area, etc.51AB.—
This section applies to a person within or in the vicinity of an authorised area who —
has an arrest warrant issued against him or her;
may be arrested by a police officer without a warrant under section 64(1) of the Criminal Procedure Code 2010; or
is concerned in a specified offence.(2) For the purposes of subsection (1)(c) and section 51AD, a person who is concerned in a specified offence includes the following:
a person who is reasonably suspected of having been involved in the specified offence;
a person against whom a reasonable complaint has been made or credible information has been received, of the person having been concerned or involved in the specified offence.(3) Despite any other written law, an immigration officer may —
arrest a person mentioned in subsection (1)(a) even though the arrest warrant issued against that person is not directed to the immigration officer; or (b)arrest a person mentioned in subsection (1)(b) or (c) without a warrant.(4) Despite any other written law, if any vehicle within or in the vicinity of an authorised area —
is driven by, or under the control of, a person mentioned in subsection (1); or
is owned by, and includes as its passenger, that person,an immigration officer may, without a warrant and with or without assistance, stop, search and detain the vehicle.(5) In this section and section 51AD —“prescribed law enforcement agency” means any authority or person, charged with the duty of investigating offences or charging offenders under any written law (other than this Act or the regulations), prescribed for the purposes of this section and section 51AD by the Minister;“specified offence” means any offence under any written law (other than this Act or the regulations) by or under which an officer of, or a person appointed by, a prescribed law enforcement agency may arrest the person without a warrant.Power to detain stolen vehicle within authorised area, etc.51AC.—
This section applies to a vehicle that —
is within or in the vicinity of an authorised area; and
satisfies either or both of the following conditions:
the Commissioner of Police or a police officer is satisfied that the vehicle has been stolen or illegally taken or used;
the vehicle is liable to be seized by a police officer under section 95(1) of the Road Traffic Act 1961.(2) Despite any other written law, an immigration officer may, without warrant and with or without assistance —
stop and seize the vehicle; and
detain the vehicle for a period not exceeding 24 hours in any suitable place of detention within or in the vicinity of an authorised area.(3) If an immigration officer seizes and detains the vehicle under subsection (2), the immigration officer must —
immediately inform a police officer of the seizure;
hand over the vehicle to a police officer; and
inform the driver or person in charge of the vehicle of the basis on which the vehicle is seized and detained.(4) Despite any other written law, if —
the vehicle satisfies the condition mentioned in subsection (1)(b)(i); and
the driver or person in charge of the vehicle is within or in the vicinity of an authorised area,an immigration officer may, without warrant, arrest the driver or person.Procedure for arrest51AD.—
An officer who makes an arrest under this Act —
must touch or confine the body of the person to be arrested unless the person submits to arrest by word or action;
may use all reasonable means necessary to make the arrest if the person to be arrested forcibly resists or tries to evade arrest; and
may search the person.(2) A person arrested must not be restrained more than is necessary to prevent the person’s escape.(3) A woman must not be searched under subsection (1)(c) except by a woman.(4) If an immigration officer arrests a person under section 51AA, 51AB or 51AC, the immigration officer —
must immediately inform an authorised officer of the arrest;
must hand over the person to an authorised officer; and
may detain the person for a period not exceeding 24 hours in any suitable place of detention within or in the vicinity of an authorised area pending the handing over of the person under paragraph (b).(5) When a person is handed over to an authorised officer under subsection (4)(b), the authorised officer must re‑arrest the person if —
in the case of an arrest under section 51AA(8) — the authorised officer has reason to believe that a relevant offence mentioned in section 51AA(8) has been committed;
in the case of an arrest under section 51AA(9) — the authorised officer has reason to believe that the person has committed the non‑arrestable offence mentioned in section 51AA(9) and the person —
refuses to give his or her name and residential address when required by the authorised officer; or
gives a residential address outside Singapore, or a name or residential address that the authorised officer has reason to believe is false;
in the case of an arrest under section 51AB(3) read with section 51AB(1)(a) — the authorised officer is satisfied that an arrest warrant has been issued against the person;
in the case of an arrest under section 51AB(3) read with section 51AB(1)(b) — the authorised officer has reason to believe that the person is a person mentioned in section 64(1) of the Criminal Procedure Code 2010;
in the case of an arrest under section 51AB(3) read with section 51AB(1)(c) — the authorised officer has reason to believe that the person is concerned in a specified offence; or
in the case of an arrest under section 51AC(4) — the authorised officer has reason to believe that the vehicle in question has been stolen or illegally taken or used.(6) If the authorised officer does not re‑arrest under subsection (5) a person handed over to the authorised officer under subsection (4)(b), the person must be released.(7) In this section, “authorised officer”, in relation to a person arrested by an immigration officer, means —
if the person is arrested under section 51AA(8) or (9) or 51AC(4) — a police officer;
if an arrest warrant has been issued against the person and the person is arrested under section 51AB(3) read with section 51AB(1)(a) — a person who may execute the arrest warrant under section 69 of the Criminal Procedure Code 2010;
if the person may be arrested by a police officer without a warrant under section 64(1) of the Criminal Procedure Code 2010 and the person is arrested under section 51AB(3) read with section 51AB(1)(b) — a police officer; or
if the person is concerned in a specified offence and the person is arrested under section 51AB(3) in relation to the specified offence —
a police officer; or
an officer of, or a person appointed by, a prescribed law enforcement agency,who is empowered by or under any written law (other than this Act or the regulations) to arrest the person without a warrant in relation to the specified offence.Power to search person in immigration depot51AE.—
An immigration officer may search a person who is detained, or required to remain, in an immigration depot under this Act or any other written law.(2) A woman must not be searched under subsection (1) except by a woman.”.