/akn/sg/act/sub_leg/2010/CPC-S803-2010

Criminal Procedure Code (Corrective Training and Preventive Detention) Regulations 2010

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Type
Subsidiary Legislation
Status
In force
Enacted
2010
Sections
28

Quick answer

About this subsidiary legislation

Criminal Procedure Code (Corrective Training and Preventive Detention) Regulations 2010 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation CPC-S803-2010 2010, currently marked in force and first recorded in 2010.

Part I

PRELIMINARY

Regulation 1

Citation and commencement

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These Regulations may be cited as the Criminal Procedure Code (Corrective Training and Preventive Detention) Regulations 2010 and shall come into operation on 2nd January 2011.

Regulation 2

Definitions

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Amended byS 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021

In these Regulations —[Deleted by S 208/2021 wef 01/04/2021]“Commissioner” has the meaning given by section 2 of the Prisons Act (Cap. 247);“Minister” means the Minister charged with the responsibility for home affairs;“prison” has the meaning given by section 2 of the Prisons Act;“Superintendent” has the meaning given by section 2 of the Prisons Act;“Visiting Justices” means the Board of Visiting Justices appointed under section 79 of the Prisons Act and includes any committee of such number of members thereof as the Minister may from time to time direct.

Definition

“Commissioner” has the meaning given by section 2 of the Prisons Act (Cap. 247);

Amended byS 208/2021 wef 01/04/2021
Suggest a correction

Definition

“Minister” means the Minister charged with the responsibility for home affairs;

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Definition

“prison” has the meaning given by section 2 of the Prisons Act;

Amended byS 208/2021 wef 01/04/2021
Suggest a correction

Definition

“Superintendent” has the meaning given by section 2 of the Prisons Act;

Amended byS 208/2021 wef 01/04/2021
Suggest a correction

Definition

“Visiting Justices” means the Board of Visiting Justices appointed under section 79 of the Prisons Act and includes any committee of such number of members thereof as the Minister may from time to time direct.

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Regulation 4

Aftercare

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From the reception of a prisoner in the prison in which he is to serve his sentence, consideration shall be given to the provision to be made for his welfare and supervision after release.

Regulation 5

Release on licence

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A prisoner sentenced to corrective training shall become eligible for release on licence after he has served two-thirds of his sentence of corrective training.

Regulation 6

Punishment by Superintendent for minor prison offences

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Subregulation 1

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The Superintendent may punish any prisoner found after due inquiry to be guilty of a minor prison offence as specified in regulation 8 by ordering him to undergo one or more of the following punishments:

(a)

confinement in a punishment cell for a term not exceeding 7 days;

(b)

postponement for a period of not more than 14 days at any one time, of the date on which the prisoner becomes eligible under regulation 5 for release on licence;

(c)

reduction in grade or postponement of promotion for such period as may be determined by the Superintendent; and

(d)

a written warning.

Subregulation 2

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The Superintendent shall enter in a register to be open to the inspection of the Visiting Justices a record of the punishments imposed by him upon prisoners, showing, in respect of each prisoner punished, the name of the prisoner, the nature of his offence and the extent of his punishment.

Regulation 7

Punishment by Superintendent for aggravated prison offences

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Amended byS 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021

Subregulation 1

Suggest a correction

The Superintendent may punish any prisoner found after due inquiry to be guilty of an aggravated prison offence as specified in regulation 9 by ordering him to undergo one or more of the following punishments:

(a)

corporal punishment not exceeding 12 strokes with a rattan;

(b)

confinement in a punishment cell for a term not exceeding 7 days;

(c)

postponement for a period of not more than 30 days at any one time, of the date on which the prisoner becomes eligible under regulation 5 for release on licence;

(d)

reduction in grade or postponement of promotion for such period as may be determined by the Superintendent.

Subregulation 2

Suggest a correction
Amended byS 208/2021 wef 01/04/2021

Where the Superintendent has imposed any punishment upon any prisoner under paragraph (1), the Superintendent shall notify the Commissioner of the facts of the case and the punishment imposed on the prisoner not later than 7 days after imposition of the punishment.

Subregulation 3

Suggest a correction
Amended byS 208/2021 wef 01/04/2021

The Commissioner may within 14 days, or such longer period as may be required in exceptional cases, after being notified by the Superintendent under paragraph (2) —

(a)

confirm any punishment imposed by the Superintendent under paragraph (1); or (b)vary any punishment imposed by the Superintendent under paragraph (1), including enhancing, reducing or substituting the punishment imposed by the Superintendent or imposing such additional punishment that could have been awarded by the Superintendent under that paragraph.

Subregulation 4

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Amended byS 208/2021 wef 01/04/2021

Any punishment imposed by the Superintendent under paragraph (1) shall not be carried out until confirmed, or varied, by the Commissioner under paragraph (3).

Subregulation 5

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Amended byS 208/2021 wef 01/04/2021

The Superintendent shall enter in a register to be open to the inspection of the Visiting Justices a record of the punishments imposed by him and by the Commissioner under paragraph (3) upon prisoners, showing, in respect of each prisoner punished, the name of the prisoner, the nature of his offence and the extent of his punishment.

Regulation 8

Minor prison offences

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The following shall be deemed to be minor prison offences: (a)talking during working hours, or talking loudly, laughing or singing at any time after having been ordered by an officer of the prison to desist; (b)quarrelling with any other prisoner; (c)secreting any article whatever; (d)showing disrespect to any officer or official visitor; (e)common assault or taking part in any attack on any other prisoner; (f)answering untruthfully any question put by an officer or an official visitor; (g)holding any communication (in writing, by word of mouth, or otherwise) with any person in disobedience of the regulations of the prison; (h)abetting the commission of any minor prison offence; (i)omitting to assist in the maintenance of discipline by reporting any prison offence, or to give assistance to an officer when called on to do so; (j)doing any act or using any language calculated to wound or offend the feelings and prejudices of any other prisoner; (k)doing any act calculated to create any unnecessary alarm in the minds of the prisoners or officers; (l)leaving without permission of an officer the group to which he is attached, or the part of the prison in which he is confined; (m)leaving without permission of an officer the ward, the yard, the place in file, the seat or berth assigned to him; (n)loitering about the yards or lingering in the wards when these are open; (o)omitting or refusing to march in file when moving about the prison or proceeding to or returning from work; (p)visiting the toilets without permission of an officer or remaining there longer than is necessary; (q)refusing to eat the meals provided; (r)eating or appropriating any food not assigned to him or taking from or adding to the portions assigned to other prisoners; (s)removing without permission of an officer food from the cook-room or from the place where meals are served, or disobeying any order as to the issue and distribution of food and drink; (t)wilfully destroying food or throwing it away without orders; (u)introducing into food or drink anything likely to render it unpalatable or unwholesome; (v)omitting or refusing to wear the clothing given to him, or exchanging any portion of it for the clothing of other prisoners, or losing, discarding, damaging or altering any part of it; (w)removing, defacing or altering any distinctive number, mark or badge attached to, or worn on, the clothing or person; (x)omitting or refusing to keep the person clean, or disobeying any order regulating the cutting of hair; (y)omitting or refusing to keep clothing, blankets, bedding, fetters, or utensils clean, or disobeying any order as to the arrangement or disposition of such articles; (z)tampering in any way with prison locks, lamps or lights or other property with which he has no concern; (za)stealing the prison clothing or any part of the prison kit of any other prisoner; (zb)committing a nuisance in any part of the prison; (zc)spitting on or otherwise soiling any floor, door, wall or other part of the prison building or any article in the prison; (zd)wilfully befouling the toilets, washing or bathing places; (ze)damaging the trees within the enclosure of the prison; (zf)omitting or refusing to take due care of all prison property entrusted to him; (zg)omitting or refusing to take due care of, or injuring, or misappropriating, the materials and implements entrusted to him for work; (zh)omitting to report at once any loss, breakage or damage which he may have caused to prison property or implements; (zi)manufacturing any article without the knowledge or permission of an officer; (zj)performing any portion of the task allotted to another prisoner, or obtaining the assistance of another prisoner in the performance of his own task; (zk)appropriating any portion of the task performed by another prisoner; (zl)mixing or adding any foreign substance to the materials issued for work; (zm)cursing or swearing, or using indecent, violent, threatening or insulting language; (zn)causing or omitting to assist in suppressing violence or insubordination of any kind; (zo)immoral, disorderly or indecent behaviour; (zp)omitting or refusing to help any prison officer in case of an attempted escape or of an attack upon such officer or upon another prisoner; (zq)disobeying any lawful order of an officer; (zr)[Deleted by S 208/2021 wef 01/04/2021](zs)defacing or damaging the walls, furniture or other property of the prison; (zt)malingering; (zu)refusing to undergo medical treatment; (zv)any other act, conduct, disorder or neglect to the prejudice of good order or discipline though not specified in the preceding paragraphs.

Regulation 9

Aggravated prison offences

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The following shall be deemed to be aggravated prison offences: (a)mutiny; (b)escape or attempt to escape; (c)taking part in any assault or attack on any officer; (d)aggravated or repeated assault on any other prisoner; (e)wilful destruction of prison property; (f)wilfully causing to himself any illness, injury or disability; (g)wilfully making a false or groundless accusation or complaint against any officer or prisoner; (h)any act constituting a minor prison offence under regulation 8, committed by one or more members or associates of a secret society in connection with the activities of any secret society, whether or not all the other members of the secret society are present; (i)repetition of any minor prison offence after having been twice punished for the same minor offence; (j)any other act of gross misconduct or insubordination; (k)abetting the commission of any aggravated prison offence.

Regulation 10

Punishment by Visiting Justices

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Subregulation 1

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Where a prisoner is accused of any aggravated prison offence and the Superintendent is of the opinion that, in the circumstances of the case, the power of punishment which he possesses is inadequate, he shall forthwith report the matter in writing to the Visiting Justice or Justices.

Subregulation 2

Suggest a correction

The Visiting Justice or Justices shall, upon receipt of such report, attend at the prison without undue delay and investigate the charge, and may punish any prisoner whom after due inquiry upon oath he or they may find guilty of such offence with one or more of the following punishments:

(a)

confinement in a punishment cell for a term not exceeding 30 days on such prescribed diet as the Visiting Justice or Justices may think fit; (b)corporal punishment not exceeding 24 strokes with a rattan; (c)postponement for a period of not more than 90 days at any one time, of the date on which the prisoner becomes eligible under regulation 5 for release on licence.

Regulation 11

Prisoner may make his defence

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No prisoner shall be punished until he has had an opportunity of hearing the charge and evidence against him, and making his defence.

Regulation 12

Detention after date of discharge

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Subregulation 1

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Any punishment lawfully imposed on a prisoner under these Regulations may be carried into effect notwithstanding that the carrying into effect thereof may necessitate the detention of the prisoner beyond the date at which he would otherwise be entitled to be discharged from prison.

Subregulation 2

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The period of detention under paragraph (1) shall not exceed 48 hours, such period to be calculated from the last hour of the day upon which the prisoner would otherwise be entitled to be discharged.

Regulation 13

Corporal punishment

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Subregulation 1

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When any sentence of corporal punishment is passed under these Regulations upon any prisoner, he shall not be liable to more than one such sentence in respect of the act or acts, or omission or omissions, for which he has been sentenced.

Subregulation 2

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No sentence of corporal punishment shall be passed upon —

(a)

a woman; (b)a man sentenced by a court to death; or (c)a man whom a medical officer considers to be more than 50 years of age.

Subregulation 3

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No sentence of corporal punishment shall be inflicted unless a medical officer is present and certifies that the prisoner is in a fit state of health to undergo the punishment.

Subregulation 4

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If, during the execution of the sentence of corporal punishment, a medical officer certifies that the prisoner is not in a fit state of health to undergo the remainder of the sentence, the corporal punishment shall be finally stopped.

Regulation 14

Service of sentence after recall

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Amended byS 208/2021 wef 01/04/2021

A prisoner sentenced to corrective training who has been recalled after release on licence shall, on his return to prison in consequence of such recall, remain in a prison and be treated as a prisoner serving a sentence of imprisonment.

Regulation 15

Stages of detention

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Amended byS 208/2021 wef 01/04/2021

A sentence of preventive detention shall be served in 3 stages in a prison, in accordance with regulations 16 to 23.

Regulation 16

First stage

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Subregulation 1

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The first stage shall be for not less than one year and not more than 2 years.

Subregulation 2

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A prisoner in the first stage shall be treated in all respects under the Prisons Act (Cap. 247) and any prisons regulations applicable to prisoners serving a sentence of imprisonment.

Regulation 20

Admission to third stage

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Amended byS 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021

Subregulation 1

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Amended byS 208/2021 wef 01/04/2021

Subject to paragraph (2), the question whether a prisoner in the second stage is to be admitted to the third stage, and the date of the prisoner’s admission, must be decided by the Commissioner on recommendations made by the Superintendent.

Subregulation 2

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The date of admission of any prisoner to the third stage shall not be more than 12 months before the date on which he will have served two-thirds of his sentence.

Subregulation 3

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Amended byS 208/2021 wef 01/04/2021

The Commissioner, when a prisoner is brought before him under paragraph (1), shall consider not only the prisoner’s conduct in the second stage but whether he expects to be able within the period served in the third stage to recommend the prisoner’s release on licence.

Subregulation 4

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Amended byS 208/2021 wef 01/04/2021

Where the Commissioner defers his decision under paragraph (3), he shall consider the case again at intervals of not less than 6 months each.

Regulation 21

Length of third stage

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Amended byS 208/2021 wef 01/04/2021

The period to be served in the third stage shall not in any case be less than 6 months.

Regulation 22

Training, etc., in third stage

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Amended byS 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021

Subregulation 1

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Amended byS 208/2021 wef 01/04/2021

During the third stage, every effort must be made, as far as practicable, to prepare a prisoner for release into the community.

Subregulation 2

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As and when suitable arrangements can be made, prisoners in the third stage, or in the latter part thereof, may be permitted to live in conditions of modified security designed to form a transition from prison life to freedom.

Subregulation 3

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Amended byS 208/2021 wef 01/04/2021

The Commissioner may at any time order the return of a prisoner to the second stage if it appears to him to be in the interests of the prisoner or of other prisoners to do so, and the Superintendent, if he considers it necessary, may so order in his discretion, subject to confirmation by the Commissioner.

Subregulation 4

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The intention of paragraph (1) shall as far as practicable be carried out for prisoners who are not selected for the third stage during the last period of 6 to 12 months before their date of release on licence under regulation 25.

Regulation 23

Discipline provisions to apply

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Amended byS 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021S 208/2021”and wef 01/04/2021S 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021

Subregulation 1

Suggest a correction
Amended byS 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021S 208/2021”and wef 01/04/2021S 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021

Regulations 6 to 13 shall apply to prisoners serving sentences of preventive detention in a prison, with the following modifications: (a)in place of the punishments which may be ordered by the Superintendent under regulation 6(1), the following shall be substituted:“(a)confinement in a punishment cell for a term not exceeding 10 days;

(b)

stoppage or reduction of allowances for work for a period not exceeding one month; (c)for the abuse of any privilege or for any offence arising from enjoyment of a privilege, (in addition to any other award) suspension of that privilege for a period not exceeding 28 days.”;

(b)

in place of the punishments which may be ordered by the Superintendent under regulation 7(1), the following shall be substituted:“(a)corporal punishment not exceeding 12 strokes with a rattan;

(b)

confinement in a punishment cell for a term not exceeding 12 days;

(c)

postponement for a period of not more than 30 days at any one time, of the date on which the prisoner becomes eligible under regulation 25 for release on licence;

(d)

stoppage or reduction of allowances for work for a period not exceeding 2 months.(c)in place of the punishments which may be ordered by the Visiting Justice or Justices under regulation 10(2), the following shall be substituted: “(a)confinement in a punishment cell for a term not exceeding 30 days on such prescribed diet as the Visiting Justice or Justices may think fit;

(b)

corporal punishment not exceeding 24 strokes with a rattan;

(c)

stoppage or reduction of allowances for work for a period not exceeding 3 months;

(d)

postponement for a period of not more than 6 months at any one time, of the date on which the prisoner becomes eligible under regulation 25 for release on licence.”.

Subregulation 2

Suggest a correction
Amended byS 208/2021 wef 01/04/2021

Where a prisoner in the second stage persistently misconducts himself, and his conduct is not influenced by reprimand or punishment, the Superintendent may recommend to the Commissioner that the prisoner be returned to the first stage.

Subregulation 3

Suggest a correction
Amended byS 208/2021 wef 01/04/2021

The Commissioner shall consider the case of a prisoner so returned at intervals of not less than 3 months each, and shall order his return to the second stage as soon as the Commissioner considers it expedient and in any case within 12 months from the date that the prisoner is returned to the first stage under paragraph (2).

Regulation 25

Eligibility for release

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Amended byS 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021

Subregulation 1

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Every prisoner, whether or not he is admitted to the third stage, shall be eligible for release on licence when he has served five-sixths of his sentence of preventive detention.

Subregulation 2

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A prisoner admitted to the third stage shall be eligible for release on licence, subject to this regulation, when he has served two-thirds of his sentence of preventive detention.

Subregulation 3

Suggest a correction
Amended byS 208/2021 wef 01/04/2021

The Commissioner shall at each quarter consider the case of every prisoner who has served 3 months or more in the third stage, with a view to recommending his release within 3 months thereafter, if the Commissioner is satisfied, having regard to his conduct in the third stage, and his prospects on release, that there is a reasonable probability that he will not revert to a criminal life.

Subregulation 4

Suggest a correction
Amended byS 208/2021 wef 01/04/2021

Where a prisoner has under regulation 22(3) been returned to the second stage, and subsequently placed in the third stage by the Commissioner, he shall be considered for the purposes of release on licence as if he had entered the third stage for the first time.

Subregulation 5

Suggest a correction
Amended byS 208/2021 wef 01/04/2021

The Superintendent shall at once report to the Commissioner any circumstances arising in the case of a prisoner in whose favour a recommendation has been made which may affect any decision on that recommendation and if necessary remove the prisoner to the second stage pending the decision of the Commissioner.

Regulation 26

Service of sentence after recall

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Amended byS 208/2021 wef 01/04/2021S 208/2021 wef 01/04/2021

Subregulation 1

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Amended byS 208/2021 wef 01/04/2021

A prisoner sentenced to preventive detention who has been recalled from release on licence shall, on his return to prison in consequence of such recall, be placed in the first stage, and may at the discretion of the Commissioner be removed to the second stage within a period of 12 months beginning on the date of his return to prison as aforesaid, except that if the unexpired period of the sentence is less than 2 years, the whole of it may be served in the first stage.

Subregulation 2

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Amended byS 208/2021 wef 01/04/2021

A prisoner who has been recalled shall not be eligible for release on licence, but shall be detained in a prison until the expiration of his sentence.

Regulation 27

Release on licence

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Amended byS 413/2024 wef 16/05/2024S 413/2024 wef 16/05/2024

Subregulation 1

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Amended byS 413/2024 wef 16/05/2024

After a person sentenced to corrective training or preventive detention has served such portion of his sentence as may be determined in accordance with these Regulations, the Minister, or a Second Minister, Senior Minister of State, Minister of State, Senior Parliamentary Secretary or Parliamentary Secretary assisting the Minister, may release that person on licence after considering the following:

(a)

the Commissioner’s report mentioned in regulation 24 in the case of a person sentenced to preventive detention;

(b)

the interests of the protection of the public if that person is released;

(c)

the character, conduct and prospects of that person.

Subregulation 2

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Amended byS 413/2024 wef 16/05/2024

The President may at any time require the Minister to release a person sentenced to corrective training or preventive detention.

Regulation 28

Requirement of licence

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Amended byS 208/2021 wef 01/04/2021S 413/2024 wef 16/05/2024S 208/2021 wef 01/04/2021S 413/2024 wef 16/05/2024

Subregulation 1

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Amended byS 208/2021 wef 01/04/2021S 413/2024 wef 16/05/2024

A person shall, after his release on licence under regulation 27 and until the expiration of his sentence, comply with such requirements as may be specified in the licence including, if the Minister, or a Second Minister, Senior Minister of State, Minister of State, Senior Parliamentary Secretary or Parliamentary Secretary assisting the Minister, thinks it expedient, a requirement that he shall be under the supervision of such society or person as may be so specified.

Subregulation 2

Suggest a correction
Amended byS 208/2021 wef 01/04/2021S 413/2024 wef 16/05/2024

The Minister, or a Second Minister, Senior Minister of State, Minister of State, Senior Parliamentary Secretary or Parliamentary Secretary assisting the Minister, may at any time modify or cancel any of the said requirements.

Regulation 29

Failure to comply with requirements

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Amended byS 208/2021 wef 01/04/2021S 413/2024 wef 16/05/2024S 505/2023 wef 17/07/2023S 505/2023 wef 17/07/2023S 505/2023 wef 17/07/2023S 505/2023 wef 17/07/2023S 505/2023 wef 17/07/2023S 505/2023 wef 17/07/2023S 208/2021 wef 01/04/2021S 505/2023 wef 17/07/2023S 208/2021 wef 01/04/2021S 505/2023 wef 17/07/2023S 208/2021 wef 01/04/2021S 505/2023 wef 17/07/2023S 208/2021 wef 01/04/2021S 505/2023 wef 17/07/2023S 208/2021 wef 01/04/2021S 505/2023 wef 17/07/2023S 208/2021 wef 01/04/2021S 505/2023 wef 17/07/2023S 413/2024 wef 16/05/2024S 208/2021 wef 01/04/2021S 505/2023 wef 17/07/2023

Subregulation 1

Suggest a correction
Amended byS 208/2021 wef 01/04/2021S 413/2024 wef 16/05/2024

If, before the expiration of the sentence of a person released on licence under regulation 27, the Minister, or a Second Minister, Senior Minister of State, Minister of State, Senior Parliamentary Secretary or Parliamentary Secretary assisting the Minister, is satisfied that the person has failed to comply with any requirement for the time being specified in the licence, the Minister, Second Minister, Senior Minister of State, Minister of State, Senior Parliamentary Secretary or Parliamentary Secretary (as the case may be) may by order recall the person to a prison.

Subregulation 2

Suggest a correction

The person recalled to prison under paragraph (1) shall be liable to be detained in the prison until the expiration of his sentence, and, if at large, shall be deemed to be unlawfully at large.

Subregulation 3

Suggest a correction
Amended byS 505/2023 wef 17/07/2023

If the Commissioner has reason to suspect that a person released on licence under regulation 27 has failed to comply with any requirement for the time being specified in the licence, the Commissioner may make any inquiry that may be necessary to ascertain whether the person has failed to comply with the requirement.

Subregulation 3A

Suggest a correction
Amended byS 505/2023 wef 17/07/2023

Despite paragraphs (1) and (2) and subject to paragraphs (4) and (4B), for the purpose of the inquiry mentioned in paragraph (3), the Commissioner may by order temporarily recall the person to prison pending the completion of the inquiry, for a period of up to 7 days.

Subregulation 3B

Suggest a correction
Amended byS 505/2023 wef 17/07/2023

Where the Commissioner is satisfied after the inquiry mentioned in paragraph (3) that the person has failed to comply with any requirement specified in the licence, the Commissioner may —

(a)

make a report to the Minister for the purpose of making a recall order under paragraph (1); or

(b)

if the requirement is a minor requirement specified in the licence, extend the temporary recall order mentioned in paragraph (3A) for a period specified by the Commissioner, but subject to paragraphs (4A) and (4B).

Subregulation 4

Suggest a correction
Amended byS 505/2023 wef 17/07/2023

The Commissioner must not recall a person under paragraph (3A) —

(a)

after the expiry of the sentence of the person released on licence under regulation 27; or

(b)

for a period extending beyond the expiry of the sentence of that person.

Subregulation 4A

Suggest a correction
Amended byS 505/2023 wef 17/07/2023

The Commissioner must not extend the recall of a person under paragraph (3B)(b) —

(a)

for a period exceeding 10 days; or

(b)

for a period extending beyond the expiry of the sentence of that person.

Subregulation 4B

Suggest a correction
Amended byS 505/2023 wef 17/07/2023

Where there is more than one temporary recall order made under paragraph (3A) in respect of a person during the period of his release on licence under regulation 27, the aggregate of —

(a)

all periods of those temporary recall orders; and

(b)

all periods of extension of recall made under paragraph (3B)(b) in respect of those temporary recall orders,must not exceed 30 days.

Subregulation 5

Suggest a correction
Amended byS 208/2021 wef 01/04/2021S 505/2023 wef 17/07/2023

For the purposes of paragraph (3B)(b), a requirement specified in a licence is a minor requirement only if it is —

(a)

a requirement to attend any counselling, therapy, test, assessment or other activity for the purposes of facilitating the person’s rehabilitation and reintegration into society;

(b)

a requirement not to be absent, without good cause, from any employment, educational course or occupational training that the person has elected to undertake for the purposes of facilitating the person’s rehabilitation and reintegration into society;

(c)

a requirement for the person to present himself to provide a specimen of urine or hair for testing at any such time or place as specified;

(d)

a requirement to remain indoors at the person’s place of residence or any other specified place during specified times;

(e)

a requirement to allow any authorised person to enter the person’s place of residence or any other place the person is required to remain at, for the purposes of determining the person’s compliance with a licence requirement or for any purpose relating to the person’s rehabilitation;

(f)

a requirement to allow any authorised person to enter the person’s place of residence or any other place the person is required to remain at, for the purposes of installing, maintaining, repairing or retrieving any electronic monitoring device;

(g)

a requirement to comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to the person or installed at the person’s place of residence or any other place the person is required to remain at;

(h)

a requirement to comply with all reporting requirements imposed on the person; or

(i)

a requirement to comply with any other condition for the purpose of facilitating the person’s rehabilitation and reintegration into society, that is described in the licence as a minor requirement.

Subregulation 6

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Amended byS 208/2021 wef 01/04/2021S 505/2023 wef 17/07/2023

A person who has been temporarily recalled under paragraph (3A) must, on the person’s return to prison in consequence to such temporary recall, remain in a prison and for the duration of the temporary recall (including any period of the recall as extended under paragraph (3B)(b)) be treated as a prisoner serving a sentence of imprisonment.

Subregulation 7

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Amended byS 208/2021 wef 01/04/2021S 505/2023 wef 17/07/2023

A temporary recall ordered under paragraph (3A) is not to be treated as a recall for the purposes of regulation 14 or 26.

Subregulation 8

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Amended byS 208/2021 wef 01/04/2021S 505/2023 wef 17/07/2023

The licence is temporarily suspended during the period of a temporary recall under paragraph (3A) (including any period of the recall as extended under paragraph (3B)(b)), and the person is to be released on the same licence after the end of that period.

Subregulation 9

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Amended byS 208/2021 wef 01/04/2021S 505/2023 wef 17/07/2023

A person who has been served a temporary recall order issued under paragraph (3A) and fails to report within the time stipulated in the temporary recall order is deemed to be unlawfully at large.

Subregulation 10

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Amended byS 208/2021 wef 01/04/2021S 505/2023 wef 17/07/2023S 413/2024 wef 16/05/2024

Nothing in this regulation prevents the Minister, or a Second Minister, Senior Minister of State, Minister of State, Senior Parliamentary Secretary or Parliamentary Secretary assisting the Minister, from issuing a recall order under paragraph (1) in respect of a person, being a person in respect of whom the Commissioner has earlier extended a temporary recall order under paragraph (3B)(b) for failing to comply with a minor requirement specified in the person’s licence, if the Minister, Second Minister, Senior Minister of State, Minister of State, Senior Parliamentary Secretary or Parliamentary Secretary (as the case may be) is satisfied that the person has failed to comply with any other requirement for the time being specified in the person’s licence.

Subregulation 11

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Amended byS 208/2021 wef 01/04/2021S 505/2023 wef 17/07/2023

If a recall order under paragraph (1) or a temporary recall order under paragraph (3A) is issued in relation to a person, and the person fails to report to a prison under the recall order or temporary recall order, the recall order or temporary recall order (as the case may be) ceases to have effect at the expiration of the person’s sentence.

Regulation 30

Release before expiration of sentence

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Amended byS 208/2021 wef 01/04/2021S 413/2024 wef 16/05/2024

The Minister, or a Second Minister, Senior Minister of State, Minister of State, Senior Parliamentary Secretary or Parliamentary Secretary assisting the Minister, may release on licence a person detained in a prison under regulation 29 at any time before the expiration of his sentence, and regulations 27 and 28 shall apply in the case of a person released under this regulation as they apply in the case of a person released under regulation 27.

Regulation 31

Subsequent sentence of corrective training, preventive detention or imprisonment

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Subregulation 1

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If any person while released on licence under regulation 27, or after he is recalled to a prison under regulation 29, is sentenced by a court to corrective training or preventive detention, the sentence by virtue of which he is on licence or has been recalled shall cease to have effect.

Subregulation 2

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If any person while released on licence under regulation 27, or after he is recalled to a prison under regulation 29, is sentenced to imprisonment, any period for which he is imprisoned under that sentence shall count as part of the period for which he is liable to detention under the original sentence.

Regulation 32

Revocation

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The Criminal Procedure (Corrective Training and Preventive Detention) Rules (Cap. 68, R 2) are revoked.

Regulation 33

Transitional provision

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Notwithstanding the revocation of the Criminal Procedure (Corrective Training and Preventive Detention) Rules (Cap. 68, R 2), such revocation shall not —

(a)

affect any right, privilege, obligation or liability acquired, accrued or incurred under the revoked Rules by any prisoner sentenced to corrective training or preventive detention before 2nd January 2011; or

(b)

affect any penalty, forfeiture or punishment incurred by any prisoner referred to in paragraph (a) under the revoked Rules.

Common questions

What is Criminal Procedure Code (Corrective Training and Preventive Detention) Regulations 2010?
Criminal Procedure Code (Corrective Training and Preventive Detention) Regulations 2010 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation CPC-S803-2010 2010, currently marked in force and first recorded in 2010.
Is Criminal Procedure Code (Corrective Training and Preventive Detention) Regulations 2010 still in force?
Yes — Criminal Procedure Code (Corrective Training and Preventive Detention) Regulations 2010 is currently in force.
When did Criminal Procedure Code (Corrective Training and Preventive Detention) Regulations 2010 take effect?
Criminal Procedure Code (Corrective Training and Preventive Detention) Regulations 2010 was first recorded in 2010.
How many regulations does Criminal Procedure Code (Corrective Training and Preventive Detention) Regulations 2010 have?
Criminal Procedure Code (Corrective Training and Preventive Detention) Regulations 2010 contains 28 regulations.
Where can I read the official version of Criminal Procedure Code (Corrective Training and Preventive Detention) Regulations 2010?
The official text of Criminal Procedure Code (Corrective Training and Preventive Detention) Regulations 2010 is published at sso.agc.gov.sg.