Singapore legislation
Regulation 29
of Criminal Procedure Code (Corrective Training and Preventive Detention) Regulations 2010
Regulation 29
Failure to comply with requirements
Subregulation 1
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
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
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
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
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 —
make a report to the Minister for the purpose of making a recall order under paragraph (1); or
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
The Commissioner must not recall a person under paragraph (3A) —
after the expiry of the sentence of the person released on licence under regulation 27; or
for a period extending beyond the expiry of the sentence of that person.
Subregulation 4A
The Commissioner must not extend the recall of a person under paragraph (3B)(b) —
for a period exceeding 10 days; or
for a period extending beyond the expiry of the sentence of that person.
Subregulation 4B
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 —
all periods of those temporary recall orders; and
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
For the purposes of paragraph (3B)(b), a requirement specified in a licence is a minor requirement only if it is —
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;
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;
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;
a requirement to remain indoors at the person’s place of residence or any other specified place during specified times;
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;
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;
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;
a requirement to comply with all reporting requirements imposed on the person; or
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
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
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
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
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
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
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.