Singapore legislation

Clause 5

of Criminal Procedure (Miscellaneous Amendments) Bill

Clause 5

Amendment of section 34

In the Code, in section 34 —

(a)

in subsection (1), after “in any place”, insert “where he or she has reason to believe the document or thing is located”;

(b)

in subsection (1), replace paragraph (a) with —“(a)the police officer considers the document or thing to be necessary for his or her investigation and if the police officer has reason to believe that —

(i)

a person who has been or may be issued with an order under section 20(1) will not or is unlikely to produce the document or thing or give access to it as directed in the order; or

(ii)

the document or thing is in the possession or power of a person who is reasonably suspected of having committed the arrestable offence;”;

(c)

after subsection (1), insert — “Explanation 1. — If a police officer considers that a document connected to the work of a person (who is reasonably suspected of having committed an arrestable offence) is necessary for the police officer’s investigation and the police officer has reason to believe that the document is located in the person’s place of residence, the police officer may search that place if the police officer has reason to believe that the document is in the possession or power of the person. Explanation 2. — If a police officer considers that an item is necessary for the police officer’s investigation and the police officer has reason to believe that the item is located in the premises of a person where another person (A) (who is reasonably suspected of having committed an arrestable offence) is at, the police officer may search those premises if the police officer has reason to believe that the item is in the possession or power of A. Explanation 3. — If a police officer considers that a document is necessary for the police officer’s investigation and the police officer has reason to believe that the document is located in one or more places of residence and workplaces of a person (who is reasonably suspected of having committed an arrestable offence), the police officer may search all or any of those premises if the police officer has reason to believe that the document is in the possession or power of the person.”; and

(d)

after subsection (3), insert —“(4) Any person who obstructs the lawful exercise by a police officer of the power under subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000; or

(b)

in any other case — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.(5) An offence under subsection (4) is an arrestable offence.”.