Criminal Procedure Code 2010 · 2020 Revised Edition · Part 3 · Powers of Attorney-General and Public Prosecutor
11. Public Prosecutor
Feedback & supportLast amended by an amending law of 2019. 3 amendments in all.
The Attorney-General is the Public Prosecutor and has the control and direction of criminal prosecutions and proceedings under this Code or any other written law.
The Deputy Attorney‑General assigned by the Attorney‑General to have control and direction of criminal prosecutions and proceedings under this Code or any other written law has all the powers of the Public Prosecutor, and any reference in this Code or any other written law to the Public Prosecutor, unless the context otherwise requires, includes a reference to this Deputy Attorney‑General.
Subject to this section, the Public Prosecutor may appoint the Solicitor‑General, any officer or other person to act as a Deputy Public Prosecutor or an Assistant Public Prosecutor in carrying out any of the duties of the Public Prosecutor under this Code or under any other written law, and may assign any of those duties to a Deputy Public Prosecutor or an Assistant Public Prosecutor.
subject
“subject” means a person who enters into a DPA with the Public Prosecutor.
The Public Prosecutor may authorise in writing one or more Deputy Public Prosecutors —
writing
“writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form, whether permanent or otherwise.
to give any consent, fiat, order, authorisation, permission, instruction or direction; or
to make any application or requisition,on behalf of the Public Prosecutor that is required by this Code or any other written law for —
the trial of an offence before any court, tribunal or authority;
the forfeiture, confiscation, destruction or disposal of property; or
the exercise by any police officer of the powers of investigation under this Code,as the case may be.
The Public Prosecutor, the Deputy Attorney‑General mentioned in subsection (2), the Solicitor‑General or a Deputy Public Prosecutor may authorise any person, on such terms and conditions as he or she thinks fit, to act for the Public Prosecutor in the conduct of a case or prosecution in court or in any part of such conduct.
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
Any proceeding before the General Division of the High Court must be conducted by the Public Prosecutor, the Deputy Attorney‑General mentioned in subsection (2), the Solicitor‑General, a Deputy Public Prosecutor, an Assistant Public Prosecutor, or a person authorised under subsection (5) who is an advocate.
proceeding
“proceeding” includes a criminal case disclosure conference and a case conference, held under Part 9 or 10, as the case may be;
No person may appear on behalf of the Public Prosecutor in any criminal appeal, or any case stated or criminal reference under Division 2 of Part 20, other than the Deputy Attorney‑General mentioned in subsection (2), the Solicitor‑General, a Deputy Public Prosecutor, or a person authorised under subsection (5) who is an advocate.
advocate
“advocate” means an advocate and solicitor lawfully entitled to practise criminal law in Singapore;
Subject to subsections (9) and (10), any proceeding relating to a criminal matter before a State Court must be conducted only by the Public Prosecutor, the Deputy Attorney‑General mentioned in subsection (2), the Solicitor‑General, a Deputy Public Prosecutor, an Assistant Public Prosecutor, or any other person authorised under subsection (5).
State Court
“State Court” means any court constituted under the State Courts Act 1970 for the administration of criminal justice;
An officer of a public body, or an advocate acting on behalf of that public body, may with the authorisation of the Public Prosecutor, conduct any prosecution in summary cases before a Magistrate’s Court.
public body
“public body” means —(a)the Government or any department, office or service of the Government; or(b)any corporation, authority, board, council, commission, office or other body established by or under any public Act for a public purpose;
A private person may appear in person or by an advocate to prosecute in summary cases before a Magistrate’s Court for any offence for which the maximum term of imprisonment provided by law does not exceed 3 years or which is a fine‑only offence.