Clause 7

An officer of a prescribed law enforcement agency may investigate —

an offence under section 103(5) in relation to a person accused of an offence (called in this section the relevant offence) and who is released on bail or on his or her personal bond, if the relevant offence is one which the prescribed law enforcement agency is authorised under any written law (other than this section) to investigate; or

an offence under section 106A(2), if the agreement mentioned in section 106A(1) is made in relation to a bail bond for an offence which the prescribed law enforcement agency is authorised under any written law (other than this section) to investigate.(2) When carrying out any investigation under subsection (1), an officer of a prescribed law enforcement agency may exercise all or any of the powers of a police officer under this Code in relation to an investigation into an arrestable case.(3) For the purposes of this section, the Minister charged with the responsibility for home affairs may, by order in the Gazette, prescribe a law enforcement agency as a prescribed law enforcement agency.Powers of investigation of certain law enforcement officers when investigating offence of leaving Singapore without travel document40D.—

If —

the head or an authorised director of any relevant law enforcement agency or a person of a similar rank (called in this section the relevant person), or an officer of a relevant law enforcement agency (called in this section the relevant officer), pursuant to section 112(1)(b) or (c), respectively, has required a person whom the relevant person or relevant officer has reasonable grounds for believing has committed an offence to surrender the person’s travel document; and

the person commits an offence under section 112(4B),the relevant person, the relevant officer, or any other officer from the same relevant law enforcement agency as the relevant person or relevant officer, may investigate the offence under section 112(4B).(2) When carrying out any investigation under subsection (1), the relevant person, the relevant officer, or any other officer from the same relevant law enforcement agency as the relevant person or relevant officer may exercise all or any of the powers of a police officer under this Code in relation to an investigation into an arrestable case.(3) For the purposes of this section, the Minister charged with the responsibility for home affairs may, by order in the Gazette, prescribe any law enforcement agency as a relevant law enforcement agency.Division 5 — Forensic medical examinationInterpretation of this Division40E. In this Division —“accused person” means any person who has been concerned in an offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of the person having been so concerned or involved;“body sample” includes any of the following:

a sample of blood;

a sample of head hair, including the roots of the head hair;

a sample of a fingernail or toenail or any substance from under a fingernail or toenail;

a sample of urine;

a sample of saliva;

a sample taken from any body part of an individual by way of a swab or other sampling means;“forensic medical examination” or “FME”, in relation to any individual, means any one or more of the following:

a physical medical examination of the individual;

the taking of a body sample from the individual;

the taking of a photograph of any body part of the individual;

the taking of an impression or cast of a wound from any external body part of the individual;“forensic specialist” means a person appointed under section 65A of the Police Force Act 2004, or any other person who is authorised in writing by the Commissioner of Police for the purposes of this Division;“intimate part” means —

an individual’s genital or anal region; or

the breasts of a woman;“invasive sample” means any body sample that is obtained by means of any invasive procedure and includes a sample of blood;“medical practitioner” means a medical practitioner registered or exempted from registration under the Medical Registration Act 1997;“nurse” means a registered nurse or enrolled nurse within the meaning of the Nurses and Midwives Act 1999;“photograph” includes a digital image and a moving visual record.When FME is required40F.—

Subject to subsection (2) and section 40H, any police officer may require an individual to undergo an FME for the purpose of searching for a thing, or evidence of a thing —

that is relevant to an offence that is reasonably suspected to have been committed; and

the existence or absence of which on or in the body of the individual is or may be relevant to the investigation of the offence.(2) If an FME involves an intimate part of an individual, only a police officer of or above the rank of inspector may require the individual to undergo the FME.Who may carry out FME and how it is to be carried out40G.—

For the purposes of this Division, a police officer or a forensic specialist may carry out an FME on an individual, except that the following FME may only be carried out by a medical practitioner or a nurse:

an FME involving a physical medical examination of the individual;

an FME involving the taking of an invasive sample from the individual, other than the taking of a blood sample by way of pricking the individual’s finger.(2) Before taking a body sample from an individual, the person taking the body sample, and any other person giving instruction in relation to or overseeing the taking of the body sample, must satisfy himself or herself that it does not endanger the individual.(3) If an FME carried out by a police officer or a forensic specialist involves an intimate part of an individual —

the FME must be carried out with such reasonable privacy measures in place as are necessary to prevent the FME from being seen by any person other than —

any person carrying out the FME;

any person giving instruction in relation to or overseeing the FME; and

where the individual is an accused person, any officer escorting the individual; and

the FME may only be carried out by a woman if the individual is a woman.Consent of alleged victim to undergo FME required in certain circumstances40H.—

Subject to subsections (2) and (3), a police officer must not, under section 40F, require an alleged victim to undergo an FME unless —

in the case where the alleged victim has reached 16 years of age — the alleged victim consents;

in the case where the alleged victim has not reached 16 years of age but has reached 14 years of age — both the alleged victim and the alleged victim’s parent or guardian consent; and

in the case where the alleged victim has not reached 14 years of age — the alleged victim’s parent or guardian consents.(2) Where a police officer acting under section 40F has reasonable grounds to believe that —

the alleged victim mentioned in subsection (1)(a) or (b) is unable to give consent to undergo an FME within a reasonable time due to any physical or mental condition (whether permanent or temporary); and

any delay in carrying out the FME on the alleged victim may result in any loss, degradation or contamination of any evidence that is relevant to the investigation of the offence committed against the alleged victim,then —

in relation to the alleged victim mentioned in subsection (1)(a) —

the alleged victim’s consent to undergo the FME is not required; but(ii)the alleged victim’s deputy or donee (as the case may be), if any, must consent to the alleged victim undergoing the FME; and

in relation to the alleged victim mentioned in subsection (1)(b) —

the alleged victim’s consent to undergo the FME is not required; but(ii)either the alleged victim’s deputy, or if there is no such deputy, the alleged victim’s parent or guardian, must consent to the alleged victim undergoing the FME.(3) Despite subsections (1) and (2), the consent of an alleged victim’s parent, guardian, deputy or donee (as the case may be) under those provisions is not required if —

the police officer acting under section 40F has reasonable grounds to believe that any delay in carrying out the FME on the alleged victim may result in any loss, degradation or contamination of any evidence that is relevant to the investigation of the offence committed against the alleged victim; and

any of the following applies:

the consent of the alleged victim’s parent, guardian, deputy or donee (as the case may be) cannot be obtained despite all reasonable efforts;

the police officer acting under section 40F has reasonable grounds to believe that there is no parent, guardian, deputy or donee (as the case may be) of the alleged victim who can give such consent;

the parent, guardian, deputy or donee (as the case may be) of the alleged victim who can give such consent —

is being investigated in relation to the offence committed against the alleged victim;

is a person whom the police officer acting under section 40F has reasonable grounds to believe has a motive to conceal the commission of the offence against the alleged victim; or

has abstained from giving consent for the FME to be carried out on the alleged victim.(4) In this section —

an alleged victim is unable to give consent where he or she is unable to understand the nature and consequence of the FME that is to be carried out;

“deputy”, in relation to an alleged victim, means a deputy appointed or deemed to be appointed by the court under the Mental Capacity Act 2008 with power in relation to the alleged victim for the purposes of this section; and

“donee”, in relation to an alleged victim, means a donee under a lasting power of attorney registered under the Mental Capacity Act 2008 with power in relation to the alleged victim for the purposes of this section.Reasonable force to carry out FME in certain cases40I.—

Where —

an accused person is required to undergo an FME under this Division which does not involve —

a physical medical examination of the accused person’s intimate parts;

the taking of an invasive sample from the accused person;

the taking of a body sample from the accused person’s intimate parts; or

the taking of a photograph of the accused person’s intimate parts; and

the accused person —

refuses, without reasonable excuse, to undergo such FME; or

otherwise hinders or obstructs the carrying out of such FME,an authorised officer may, with such assistance as is required, use such force as is reasonably necessary for the purpose of carrying out such FME.(2) In this section, “authorised officer” means —

any police officer or auxiliary police officer;

any forensic specialist; or

any other person authorised by the Commissioner of Police for the purposes of this section.Offence for refusal to undergo FME40J.—

Where an accused person is required to undergo an FME under this Division, the accused person commits an offence if the accused person, without reasonable excuse —

refuses to undergo the FME; or

otherwise hinders or obstructs the carrying out of the FME.(2) An accused person commits an offence under subsection (1) regardless of whether the FME which the accused person is required to undergo is carried out by reasonable force under section 40I.(3) Any person (other than the accused person) who, without reasonable excuse, hinders or obstructs the carrying out of the FME mentioned in subsection (1), commits an offence.(4) Any accused person who is guilty of an offence under subsection (1) or a person who is guilty of an offence under subsection (3) shall be liable on conviction to imprisonment for a term which may extend to 7 years, or to a fine, or to both.Inferences against accused person for refusal to undergo FME40K.—

Where in any criminal proceeding, it is shown that the accused person who is required to undergo an FME under this Division has refused to undergo the FME without reasonable excuse, the court may in determining —

whether to commit the accused person for trial in connection with the crime of which he or she is accused;

whether there is a case to answer against the accused person; or

whether the accused person is guilty of the crime with which he or she has been charged,draw any inference from the refusal that the court thinks proper.(2) The refusal by the accused person to undergo an FME required of him or her may on the basis of the inference mentioned in subsection (1), be treated as, or as capable of amounting to, corroboration of any evidence given against the accused person in relation to which the refusal is material.”.