Clause 36

If in the circumstances mentioned in subsection (2)(a) or (b), the General Division of the High Court or a District Court when sentencing a person mentioned in that provision is satisfied that it is in the interests of the protection of the public that the person should be detained in custody for a substantial period of time, followed by a period of supervision if released before the expiry of the person’s sentence, the court, unless it has special reasons for not doing so, must impose a sentence for public protection on the person for a period of 5 to 20 years instead of any sentence of imprisonment, or any sentence of imprisonment and fine.(2) For the purposes of subsection (1), the circumstances are —

a person is convicted before the General Division of the High Court or a District Court of an offence punishable with imprisonment for 2 years or more, being an offence that was committed —

on or after the date of commencement of section 36 of the Criminal Procedure (Miscellaneous Amendments) Act 2024; and

when the person is 21 years of age or above,and the person has been convicted in Singapore or elsewhere at least twice since the person reached 16 years of age of offences punishable with imprisonment for 2 years or more; or

a person is convicted at one trial before the General Division of the High Court or a District Court of 3 or more distinct offences punishable with imprisonment for 2 years or more, being offences that were committed —

on or after the date of commencement of section 36 of the Criminal Procedure (Miscellaneous Amendments) Act 2024; and

when the person is 21 years of age or above,and the person has been convicted and sentenced in Singapore or elsewhere to imprisonment for at least one month since the person reached 16 years of age for an offence punishable with imprisonment for 2 years or more.(3) Before imposing a sentence for public protection on the offender, the court must call for and consider a report submitted by the Commissioner of Prisons, or any person authorised by the Commissioner of Prisons to submit the report on the Commissioner’s behalf, on the offender’s physical and mental condition and the offender’s suitability for such a sentence.(4) If the court has not received the report mentioned in subsection (3), the court must remand the offender in custody for a period or periods, not exceeding one month in the case of any single period, to enable the report to be submitted.(5) The court must give a copy of any report submitted by or on behalf of the Commissioner of Prisons to the offender or the offender’s advocate and to the Public Prosecutor.(6) Where an offender on whom a sentence for public protection is imposed under subsection (1) is also convicted at the same trial of any offence falling within any one or more of the following descriptions:

an offence punishable with imprisonment for less than 2 years;

an offence that was committed before the date of commencement of section 36 of the Criminal Procedure (Miscellaneous Amendments) Act 2024;

an offence that was committed when the person was below 21 years of age,the court may, instead of imposing any term of imprisonment as may be prescribed for that offence, take into account that offence for the purposes of determining the period of the sentence for public protection.(7) A person on whom a sentence for public protection is imposed —

must be detained in prison for the term of his or her sentence, if not released on licence; and

may, before the expiry of the sentence, be released on licence,in accordance with Part 5C of the Prisons Act 1933 and the regulations made under section 84(1) of that Act.(8) Despite subsection (1), if the court convicts a person of any one or more offences and imposes the sentence for public protection on the person under subsection (1), and any of the offences is punishable with a mandatory minimum sentence of imprisonment exceeding 5 years, the period of the sentence for public protection imposed by the court must be equal to or greater than that mandatory minimum sentence. (9) The reference to a special reason not to impose the sentence for public protection mentioned in subsection (1) includes, but is not limited to, the following reasons:

the sentence for public protection would be gravely disproportionate in all the circumstances of the case;

the court is satisfied that a lesser sentence will adequately fulfil the aim of the protection of the public.Sentence for enhanced public protection304B.—

If in the circumstances mentioned in subsection (2)(a) or (b), the General Division of the High Court or a District Court when sentencing a person mentioned in that provision is satisfied that it is in the interests of the protection of the public that a sentence for enhanced public protection is to be imposed on the person, the court, unless it has special reasons for not doing so, must impose a sentence for enhanced public protection on the person instead of any sentence of imprisonment, or any sentence of imprisonment and fine.(2) For the purposes of subsection (1), the circumstances are —

a person is convicted before the General Division of the High Court or a District Court of an offence specified in the Seventh Schedule, being an offence that was committed —

on or after the date of commencement of section 36 of the Criminal Procedure (Miscellaneous Amendments) Act 2024; and

when the person is 21 years of age or above,and the person poses a substantial threat of causing serious physical or sexual harm to any other person or persons; or

a person is convicted before the General Division of the High Court or a District Court of an offence specified in the Seventh Schedule, being an offence that was committed —

on or after the date of commencement of section 36 of the Criminal Procedure (Miscellaneous Amendments) Act 2024; and

when the person is 21 years of age or above,and the person was previously convicted (whether or not at the same trial) of 2 or more offences specified in the Seventh Schedule (each called in this section a relevant offence) since the person reached 16 years of age for which the person has been punished with any of the following sentences for each relevant offence:

at least 2 years’ imprisonment;

corrective training or preventive detention, whether or not the sentence was imposed at the same trial in respect of a relevant offence and one or more other relevant offences;

a sentence for public protection or sentence for enhanced public protection, whether or not the sentence was imposed at the same trial in respect of a relevant offence and one or more other relevant offences.(3) The following provisions apply to a sentence for enhanced public protection imposed on a person under subsection (1):

the person must be detained in prison in accordance with Part 5C of the Prisons Act 1933 and the regulations made under section 84(1) of that Act, for a minimum period of custody specified by the court (called in this section the specified period);

the specified period must be a period of 5 to 20 years but in any case must not be less than the mandatory minimum sentence of imprisonment prescribed for any of the offences specified in the Seventh Schedule in respect of which the sentence for enhanced public protection was imposed;

after the person has been detained for the specified period —

the person may only be released in accordance with Part 5C of the Prisons Act 1933 and the regulations made under section 84(1) of that Act if found suitable for release; or

the person must continue to be detained in prison in accordance with Part 5C of the Prisons Act 1933 and the regulations made under section 84(1) of that Act until the person is found suitable for release.(4) Before imposing on any offender a sentence for enhanced public protection under subsection (1), the court must (in relation to the circumstances mentioned in subsection (2)(a)), or may (in relation to the circumstances mentioned in subsection (2)(b)) —

call for and consider a report on the offender’s risk of causing serious physical or sexual harm to any other person or persons submitted by an appointed psychiatrist; and

consider any report submitted by the offender or the offender’s advocate on the offender’s risk of causing serious physical or sexual harm to any other person or persons.(5) If the court has not received any such report mentioned in subsection (4)(a), the court must remand the offender in custody for a period or periods, not exceeding 2 months in the case of any single period, to enable the report to be submitted.(6) The court must give a copy of any report submitted by the appointed psychiatrist to the offender or the offender’s advocate and to the Public Prosecutor.(7) The offender or the offender’s advocate must give a copy of any report submitted for the court’s consideration under subsection (4)(b) to the Public Prosecutor.(8) Where an offender on whom a sentence for enhanced public protection is imposed under subsection (1) is also convicted at the same trial of any offence falling within any one or more of the following descriptions:

an offence not specified in the Seventh Schedule;

an offence that was committed before the date of commencement of section 36 of the Criminal Procedure (Miscellaneous Amendments) Act 2024;

an offence that was committed when the person was below 21 years of age,the court may, instead of imposing any term of imprisonment as may be prescribed for that offence, take into account that offence for the purposes of determining the specified period.(9) In this section —

the reference to a special reason not to impose a sentence for enhanced public protection mentioned in subsection (1) includes, but is not limited to, the following reasons:

the sentence for enhanced public protection would be gravely disproportionate in all the circumstances;

the court is satisfied that a lesser sentence will adequately fulfil the aim of protection of the public; and

“appointed psychiatrist” means any psychiatrist appointed by the Director‑General of Health for the purposes of this section.”.