/akn/sg/act/sub_leg/2018/S728

Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018

The full official text, structured for quick navigation. Copy any provision or jump straight to a section.

Open source PDF
Type
Subsidiary Legislation
Status
In force
Enacted
2018
Sections
14

Quick answer

About this subsidiary legislation

Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation S728 2018, currently marked in force and first recorded in 2018.

Regulation 1

Citation and commencement

Open as pageSuggest a correction

These Regulations are the Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018 and come into operation on 31 October 2018.

Regulation 2

Definitions

Open as pageSuggest a correction

In these Regulations, unless the context otherwise requires —“Act” means the Criminal Justice Reform Act 2018 (Act 19 of 2018);“Code” means the Criminal Procedure Code (Cap. 68) as amended by the Act;“unamended Code” means the Code as in force on 30 October 2018.

Definition

“Act” means the Criminal Justice Reform Act 2018 (Act 19 of 2018);

Suggest a correction

Definition

“Code” means the Criminal Procedure Code (Cap. 68) as amended by the Act;

Suggest a correction

Definition

“unamended Code” means the Code as in force on 30 October 2018.

Suggest a correction

Regulation 3

Order to release person on bail or personal bond

Open as pageSuggest a correction

Subregulation 1

Suggest a correction

Despite section 17(a) of the Act, section 92(4) of the Code does not apply to an order made by a State Court before 31 October 2018 for the release of a person under section 92 of the Code on bail or on personal bond.

Subregulation 2

Suggest a correction

Despite section 18 of the Act, section 93(3C) of the Code does not apply to an order made by a State Court before 31 October 2018 for the release on bail or on personal bond of a person accused of a non‑bailable offence.

Subregulation 3

Suggest a correction

Despite section 21 of the Act, section 97(2) of the Code does not apply to an order made by a State Court before 31 October 2018 for the release on bail or on personal bond of a person accused of a non‑bailable offence.

Regulation 4

Statements and confessions

Open as pageSuggest a correction

Subregulation 1

Suggest a correction

Despite section 74(c) of the Act, section 258(4A) of the Code does not apply to a determination of whether an accused’s statement was caused by any inducement, threat or promise, if a person in authority first informed the accused before 31 October 2018 that the accused was required or legally bound to give information under section 27 of the Prevention of Corruption Act (Cap. 241).

Subregulation 2

Suggest a correction

Despite section 74(d) of the Act, section 258(5), (5A) and (5B) of the Code does not apply to a determination of whether the court may take into consideration a confession, made during an investigation of an offence, as against a person (other than the maker of the confession), if that investigation began before 31 October 2018.

Regulation 5

Admissibility of Case for the Defence

Open as pageSuggest a correction

Despite section 75 of the Act, section 258A of the Code does not apply to a Case for the Defence filed by or on behalf of a person charged with an offence, if the person was charged with that offence before 31 October 2018.

Regulation 6

Appearance of accused through video or television link

Open as pageSuggest a correction

Despite section 80(d) of the Act, section 281(3) of the unamended Code continues to apply to any appearance of an accused before the court through a live video or live television link for any matter relating to an offence that the accused was charged with before 31 October 2018.

Regulation 7

Reformative training

Open as pageSuggest a correction

Section 88 of the Act applies to the sentencing of an accused for an offence that the accused —

(a)

is charged with or convicted of before, on or after 31 October 2018; but(b)is sentenced for on or after 31 October 2018.

Regulation 8

Community sentences

Open as pageSuggest a correction

Subregulation 1

Suggest a correction

Despite section 91 of the Act, section 337 of the unamended Code continues to apply to the sentencing of an accused for any offence that the accused was charged with before 31 October 2018.

Subregulation 2

Suggest a correction

Section 92(b) and (c) of the Act does not apply to a mandatory treatment order made in respect of any offence that the offender was charged with before 31 October 2018.

Subregulation 3

Suggest a correction

Despite section 93(a) to (e) of the Act, section 352(5) of the unamended Code continues to apply to a mandatory treatment order, day reporting order, community work order or community service order made in respect of any offence that the offender was charged with before 31 October 2018.

Subregulation 4

Suggest a correction

Section 93(f) of the Act does not apply to a mandatory treatment order made in respect of any offence committed before 31 October 2018.

Subregulation 5

Suggest a correction

Despite section 94(b) of the Act, section 354(6) and (7) of the unamended Code continues to apply to a community order made in respect of any offence that the offender was charged with before 31 October 2018.

Regulation 9

Order for payment of costs against accused

Open as pageSuggest a correction

Despite section 95 of the Act, section 355 of the unamended Code continues to apply to the making of an order for payment of costs against a person convicted of an offence that the person was charged with before 31 October 2018.

Regulation 10

Petition for confirmation

Open as pageSuggest a correction

Despite section 107 of the Act, section 394A(1) of the unamended Code continues to apply to a petition for confirmation lodged by the Public Prosecutor in relation to a sentence of death that was passed on an accused before 31 October 2018.

Regulation 11

Review of earlier decision of appellate court

Open as pageSuggest a correction

Section 108 of the Act does not apply to either of the following:

(a)

an application, to review an earlier decision of an appellate court, that was made to the High Court or the Court of Appeal before 31 October 2018, and is pending on 30 October 2018;

(b)

a review, of an earlier decision of an appellate court pursuant to an application mentioned in paragraph (a), that is pending on 30 October 2018.

Regulation 12

Determination of question of public interest

Open as pageSuggest a correction

Subregulation 1

Suggest a correction

Despite section 109(a) of the Act, section 397(3B) to (3E) of the Code does not apply to an application for leave to refer a question to the Court of Appeal that was made before 31 October 2018 under section 397(1) of the Code.

Subregulation 2

Suggest a correction

Despite section 109(b) of the Act, section 397(6) of the unamended Code continues to apply to a determination of whether a question of law referred to the Court of Appeal before 31 October 2018 is a question of public interest.

Regulation 13

Application of First Schedule

Open as pageSuggest a correction

Despite section 118(a) and (b) of the Act, the items in the First Schedule to the unamended Code mentioned in section 118(a) and (b) of the Act continue to apply to a determination of whether an offence that an accused was charged with before 31 October 2018 is a bailable offence or a non‑bailable offence.

Regulation 14

Application of Second Schedule

Open as pageSuggest a correction

Despite section 119 of the Act, the Second Schedule to the unamended Code continues to apply to a determination of whether the criminal case disclosure procedures in Division 2 of Part IX and Division 5 of Part X of the Code apply to an offence that an accused was charged with before 31 October 2018.

Common questions

What is Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018?
Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation S728 2018, currently marked in force and first recorded in 2018.
Is Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018 still in force?
Yes — Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018 is currently in force.
When did Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018 take effect?
Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018 was first recorded in 2018.
How many regulations does Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018 have?
Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018 contains 14 regulations.
Where can I read the official version of Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018?
The official text of Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018 is published at sso.agc.gov.sg.