Singapore legislation

Clause 4

of Criminal Law (Miscellaneous Amendments) Bill

Clause 4

Amendment of section 42

In the Children and Young Persons Act 1993, in section 42 —

(a)

in subsection (2), after “person”, insert “of 14 years of age or older but below 16 years of age”;

(b)

after subsection (2), insert —“(2A) A young person of 16 years of age or older but below 18 years of age must not be ordered to be imprisoned for any offence, or be committed to prison in default of a fine, damages or costs, unless —

(a)

the person is certified by the court to be of so unruly a character that the person cannot be detained in a place of detention or juvenile rehabilitation centre;

(b)

the person is convicted of the offence (being an offence triable only by the General Division of the High Court) by the General Division of the High Court;

(c)

the person —

(i)

is convicted of the offence (not being an offence triable only by the General Division of the High Court) by the General Division of the High Court;

(ii)

was charged and tried together with another offence that is triable only in the General Division of the High Court; and

(iii)

is convicted of that other offence;

(d)

the person is convicted of the offence by a court other than the Youth Court, and the offence is a relevant offence mentioned in section 39(2A); or

(e)

the person —

(i)

is convicted of the offence by a court other than the Youth Court;

(ii)

was charged and tried for the offence together with a relevant offence mentioned in section 39(2A); and

(iii)

is convicted of that relevant offence.”;

(c)

in subsection (3), after “person”, insert “of 14 years of age or older but below 16 years of age”; and

(d)

after subsection (3), insert —“(4) Despite the provisions of any other written law, no young person of 16 years of age or older but below 18 years of age may be sentenced to corporal punishment for any offence by any court, unless —

(a)

the person is convicted of the offence by the General Division of the High Court;

(b)

the person is convicted of the offence by a court other than the Youth Court, and the offence is a relevant offence mentioned in section 39(2A); or

(c)

the person —

(i)

is convicted of the offence by a court other than the Youth Court;

(ii)

was charged and tried for the offence together with a relevant offence mentioned in section 39(2A); and

(iii)

is convicted of that relevant offence.”.

Read in full context — Criminal Law (Miscellaneous Amendments) Bill →