Singapore legislation
Clause 14
Clause 14
Amendment of section 35
In the Criminal Procedure Code 2010, in section 35 —
after subsection (8), insert —“(8A) A court may order the sale of any property that is seized under subsection (1) or that is the subject of a written order under subsection (2) if —
every party that is known to have a prima facie interest in the property consents to the sale, and a police officer or the Public Prosecutor makes an application for the sale of the property; or
a police officer or the Public Prosecutor makes an application for the sale of the property, and —
the police officer or the Public Prosecutor proves, on a balance of probabilities, that either of the factors mentioned in subsection (8B) applies; or
the court is of the view that the sale would be in the interests of justice.(8B) For the purpose of subsection (8A)(b)(i), the factors are the following:
the value of the property is likely to be subject to depreciation until it is finally disposed of under section 364 or 370, as the case may be;
the property is of such a nature or in such condition that to retain custody of or maintain the property, until it is finally disposed of under section 364 or 370, would be —
dangerous;
unduly costly; or
not reasonably practicable.(8C) The court is not to order the sale of any property under subsection (8A) unless —
notice of the proceedings concerning the sale is given to every party that is known to have a prima facie interest in the property; and
the court is satisfied that the costs of the sale are, or are likely to be, reasonable in the circumstances.(8D) The court may make an order under subsection (8A) in the absence of any party that is known to have a prima facie interest in the property if the court is satisfied that the party has been given notice under subsection (8C)(a).(8E) The net proceeds of a sale under subsection (8A) are to be seized by a police officer and are to be dealt with in accordance with Part 19.”;
in subsection (9)(b), delete “and” at the end;
in subsection (9)(c)(ii), replace the full‑stop at the end with “; and”;
in subsection (9), after paragraph (c), insert —“(d)if the property is sold under subsection (8A), the net proceeds of the sale of the property.”;
after subsection (9), insert —“(9A) This section applies to any property that —
is seized before the date of commencement of section 14 of the Anti‑Money Laundering and Other Matters Act 2024 under subsection (1); or
is the subject of a written order made before that date under subsection (2),if no court has exercised, in relation to that property, any power under section 364 or 370(2) before that date.”; and
replace subsection (10) with —“(10) A reference to a police officer in this section includes —
a law enforcement officer within the meaning given by paragraphs (b) to (f) of the definition of “law enforcement officer” in section 370(6); and
a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner of Police under the Police Force Act 2004 and the lawful directions of the police officer he or she assists.”.