Singapore legislation

Regulation 5

of Criminal Procedure Code (Compensation Order) Rules 2024

Regulation 5

Meaning of “representative”

For the purposes of section 359(6) of the Code, a “representative”, in relation to a person mentioned in section 359(1)(a) of the Code (called in this rule the victim), means —

(a)

where the victim is below 18 years of age and is not a person who lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008 — the victim’s parent or legal guardian;

(b)

where the victim is a person who lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008 and —

(i)

where the victim is 21 years of age or above — the victim’s deputy or donee within the meaning of section 2(1) of that Act; or

(ii)

where the victim is below 21 years of age —

(A)

the victim’s deputy who is empowered to make decisions on the victim’s behalf under section 20 read with section 21 of that Act; or

(B)

in the absence of such a deputy — the victim’s parent or legal guardian; or

(c)

where the victim is deceased and —

(i)

where a grant of probate or letter of administration has been made in respect of the estate of the victim — an administrator or executor of the estate, as the case may be; or

(ii)

where no such grant of probate or letter of administration has been made — the victim’s next‑of‑kin.