Criminal Procedure Code (Electronic Filing and Service for Supreme Court) Rules 2022

These Rules are the Criminal Procedure Code (Electronic Filing and Service for Supreme Court) Rules 2022 and come into operation on 1 April 2022.

These Rules have effect in relation to any document which, under the Criminal Procedure Code 2010, is required to be filed with, served on, delivered to or otherwise conveyed to the Supreme Court, the Registrar, or any party to any criminal matter that is to be heard in the Supreme Court.

In these Rules, unless the context otherwise requires —“authorised user” means a person who is designated as an authorised user under rule 8;“conditioned statement” means any statement which is intended to be admitted under section 264 of the Criminal Procedure Code 2010;“deemed” means deemed until the contrary is proved;“electronic filing service” means the electronic filing service established under rule 4;“electronic filing service provider” means an electronic filing service provider appointed under rule 5;“electronic transmission” means electronic transmission by an authorised user or a registered user through the electronic filing service;“entity” means a sole proprietorship, an incorporated or unincorporated partnership (including a limited liability partnership and a limited partnership), a law corporation, a company or other body corporate, the Attorney‑General’s Chambers, a department of the Government or a public authority;“identification code” means the identification code of an authorised user or a registered user that is to be used in conjunction with the electronic filing service;“legal aid” means any legal aid or assistance granted under the Criminal Legal Aid Scheme or the Legal Assistance Scheme for Capital Offences or any other legal aid or assistance scheme for criminal offences as is determined by the Registrar;“non‑court day” means a Saturday, Sunday or public holiday;“public authority” means a body established or constituted by or under a public Act to perform or discharge a public function;“registered user” means an entity which is registered under rule 8;“Registrar” means —

the Registrar of the Supreme Court, in relation to any document which, under the Criminal Procedure Code 2010, is required to be filed with, served on, delivered to or otherwise conveyed to the Supreme Court (other than the Family Division of the High Court), the Registrar of the Supreme Court, or any party to any criminal matter that is to be heard in the Supreme Court (other than the Family Division of the High Court); and

the registrar of the Family Justice Courts, in relation to any document which, under the Criminal Procedure Code 2010, is required to be filed with, served on, delivered to or otherwise conveyed to the Family Division of the High Court, the registrar of the Family Justice Courts, or any party to any criminal matter that is to be heard in the Family Division of the High Court;“service bureau” means a service bureau established under rule 7;“working day” means any day other than a non‑court day.

The Registrar may, with the approval of the Chief Justice, establish an electronic filing service and make provision for documents to be filed, served, delivered or otherwise conveyed using that service. (2) The electronic filing service established under Order 28, Rule 2 of the Rules of Court 2021 (G.N. No. S 914/2021) is deemed to be the electronic filing service established under paragraph (1) for the Supreme Court (other than the Family Division of the High Court).

The electronic filing service established under rule 914 of the Family Justice Rules 2014 (G.N. No. S 813/2014) is deemed to be the electronic filing service established under paragraph (1) for the Family Division of the High Court.

The Registrar may, with the approval of the Chief Justice, establish an electronic filing service and make provision for documents to be filed, served, delivered or otherwise conveyed using that service.

The electronic filing service established under Order 28, Rule 2 of the Rules of Court 2021 (G.N. No. S 914/2021) is deemed to be the electronic filing service established under paragraph (1) for the Supreme Court (other than the Family Division of the High Court).

The electronic filing service established under rule 914 of the Family Justice Rules 2014 (G.N. No. S 813/2014) is deemed to be the electronic filing service established under paragraph (1) for the Family Division of the High Court.

The electronic filing service must be operated by an electronic filing service provider appointed by the Registrar with the approval of the Chief Justice.

The Singapore Academy of Law is the superintendent of any electronic filing service provider appointed under paragraph (1).

The electronic filing service provider appointed under Order 28, Rule 3 of the Rules of Court 2021 is deemed to be the electronic filing service provider appointed under paragraph (1) for the Supreme Court (including the Family Division of the High Court).

The electronic filing service must be operated by an electronic filing service provider appointed by the Registrar with the approval of the Chief Justice.

The Singapore Academy of Law is the superintendent of any electronic filing service provider appointed under paragraph (1).

The electronic filing service provider appointed under Order 28, Rule 3 of the Rules of Court 2021 is deemed to be the electronic filing service provider appointed under paragraph (1) for the Supreme Court (including the Family Division of the High Court).

For the purposes of these Rules, the computer system of an electronic filing service provider means the computer servers and network equipment operated, maintained or used by the electronic filing service provider, whether or not such computer servers and network equipment are owned by that electronic filing service provider.

The Registrar may establish or appoint agents to establish a service bureau or service bureaux to assist in the filing, service, delivery or conveyance of documents using the electronic filing service.

Any agent appointed by the Registrar pursuant to paragraph (1) is not to be treated as such for the purposes of the acceptance of the payment of fees or service charges.

The Singapore Academy of Law is the superintendent of any agent appointed under this rule.

Any agent established or appointed under Order 28, Rule 5(1) of the Rules of Court 2021 is deemed to be an agent established or appointed under paragraph (1) for the Supreme Court (including the Family Division of the High Court).

A service bureau must not charge any fee for the use of the electronic filing service by an accused who receives any legal aid or who is not represented by an advocate or solicitor.

The Registrar may establish or appoint agents to establish a service bureau or service bureaux to assist in the filing, service, delivery or conveyance of documents using the electronic filing service.

Any agent appointed by the Registrar pursuant to paragraph (1) is not to be treated as such for the purposes of the acceptance of the payment of fees or service charges.

The Singapore Academy of Law is the superintendent of any agent appointed under this rule.

Any agent established or appointed under Order 28, Rule 5(1) of the Rules of Court 2021 is deemed to be an agent established or appointed under paragraph (1) for the Supreme Court (including the Family Division of the High Court).

A service bureau must not charge any fee for the use of the electronic filing service by an accused who receives any legal aid or who is not represented by an advocate or solicitor.

Any entity may apply to the Registrar to be a registered user in accordance with any procedure required by the Registrar.

Any entity which is a registered user may designate one or more of its partners, directors, officers or employees to be an authorised user in accordance with any procedure required by the Registrar.

The Registrar may allow an entity to be a registered user or a person to be an authorised user on such terms and conditions as the Registrar thinks fit.

A person or entity who was deemed to have been registered as a registered user or designated as an authorised user (as the case may be) under regulation 8(4) of the Criminal Procedure Code (Electronic Filing and Service for Supreme Court) Regulations 2012 (G.N. No. S 669/2012) in force immediately before 1 April 2022, is deemed to have been registered as a registered user or designated as an authorised user (as the case may be) under this rule.

A registered user which designates an authorised user and supplies the authorised user’s identification code through the electronic filing service is deemed to approve the use of the identification code in conjunction with the electronic filing service by that authorised user.

Before using the electronic filing service, the registered user must —

enter into an agreement with the electronic filing service provider for the provision of the electronic filing service; and

make arrangements with the Registrar for the mode of payment of all applicable fees.

The Registrar may waive the application of paragraph (6), in whole or in part, in relation to such registered users or class of registered users as the Registrar deems fit.

For the purposes of these Rules —

an entity that is registered by the Registrar of the Supreme Court under Order 28, Rule 6(1) of the Rules of Court 2021 is deemed to be a registered user under paragraph (1) in the Supreme Court (including the Family Division of the High Court); and

a service bureau established under rule 7 is deemed to be a registered user in the Supreme Court (including the Family Division of the High Court), and every employee of a service bureau is deemed to be an authorised user.

Any entity may apply to the Registrar to be a registered user in accordance with any procedure required by the Registrar.

Any entity which is a registered user may designate one or more of its partners, directors, officers or employees to be an authorised user in accordance with any procedure required by the Registrar.

The Registrar may allow an entity to be a registered user or a person to be an authorised user on such terms and conditions as the Registrar thinks fit.

A person or entity who was deemed to have been registered as a registered user or designated as an authorised user (as the case may be) under regulation 8(4) of the Criminal Procedure Code (Electronic Filing and Service for Supreme Court) Regulations 2012 (G.N. No. S 669/2012) in force immediately before 1 April 2022, is deemed to have been registered as a registered user or designated as an authorised user (as the case may be) under this rule.

A registered user which designates an authorised user and supplies the authorised user’s identification code through the electronic filing service is deemed to approve the use of the identification code in conjunction with the electronic filing service by that authorised user.

Before using the electronic filing service, the registered user must —

enter into an agreement with the electronic filing service provider for the provision of the electronic filing service; and

make arrangements with the Registrar for the mode of payment of all applicable fees.

The Registrar may waive the application of paragraph (6), in whole or in part, in relation to such registered users or class of registered users as the Registrar deems fit.

For the purposes of these Rules —

an entity that is registered by the Registrar of the Supreme Court under Order 28, Rule 6(1) of the Rules of Court 2021 is deemed to be a registered user under paragraph (1) in the Supreme Court (including the Family Division of the High Court); and

a service bureau established under rule 7 is deemed to be a registered user in the Supreme Court (including the Family Division of the High Court), and every employee of a service bureau is deemed to be an authorised user.

Where a document is required under the Criminal Procedure Code 2010 to be filed with, served on, delivered to or otherwise conveyed to the Supreme Court or the Registrar, the document must be filed, served, delivered or otherwise conveyed —

using the electronic filing service in accordance with these Rules; and

in accordance with any other requirements determined by the Registrar.

For the purpose of paragraph (1), any requirement for the filing, service, delivery or conveyance of a document is satisfied by the filing, service, delivery or conveyance of a single copy of the document using the electronic filing service in accordance with these Rules.

The filing, service, delivery or conveyance of any document using the electronic filing service pursuant to paragraph (1) may be done —

by electronic transmission; or

via a service bureau.

Despite anything in paragraph (1), the Registrar may allow a document, part of a document or any class of documents to be filed, served, delivered or otherwise conveyed other than by using the electronic filing service.

The form of any document must be —

in such form as the Registrar may require; or

where the document is remotely composed on the computer system of the electronic filing service provider, in the form made available through the electronic filing service,and must, in the absence of such prescription, be in the form prescribed by rule 2 of the Criminal Procedure Rules 2018 (G.N. No. S 727/2018).

Any document which is filed with, served on, delivered to or otherwise conveyed to the Supreme Court or the Registrar through the electronic filing service by a registered user using an identification code is deemed to have been so filed, served, delivered or otherwise conveyed by the registered user and with the registered user’s intention to do so.

Any document which is filed with, served on, delivered to or otherwise conveyed to the Supreme Court or the Registrar through the electronic filing service by an authorised user (other than an employee of a service bureau) using an identification code is deemed to have been so filed, served, delivered or otherwise conveyed —

by the authorised user on behalf and with the authority of the registered user to whom the authorised user belongs; and

with the intention of that registered user to do so.

Any document which is filed with, served on, delivered to or otherwise conveyed to the Supreme Court or the Registrar through the electronic filing service by an authorised user, who is an employee of a service bureau, using an identification code is deemed to have been so filed, served, delivered or otherwise conveyed —

on behalf and with the authority of the person tendering the document to the service bureau for such purpose and with the intention of that person to do so; or

where the person tendering the document to the service bureau is acting as agent for his or her principal, on behalf and with the authority of his or her principal and with the intention of the principal to do so.

To avoid doubt, it is declared that any document which is filed with, served on, delivered to or otherwise conveyed to the Supreme Court or the Registrar using an identification code in compliance with the security procedures of the electronic filing service is a secure electronic record within the meaning of the Electronic Transactions Act 2010.

Where a document is required under the Criminal Procedure Code 2010 to be filed with, served on, delivered to or otherwise conveyed to the Supreme Court or the Registrar, the document must be filed, served, delivered or otherwise conveyed —

using the electronic filing service in accordance with these Rules; and

in accordance with any other requirements determined by the Registrar.

For the purpose of paragraph (1), any requirement for the filing, service, delivery or conveyance of a document is satisfied by the filing, service, delivery or conveyance of a single copy of the document using the electronic filing service in accordance with these Rules.

The filing, service, delivery or conveyance of any document using the electronic filing service pursuant to paragraph (1) may be done —

by electronic transmission; or

via a service bureau.

Despite anything in paragraph (1), the Registrar may allow a document, part of a document or any class of documents to be filed, served, delivered or otherwise conveyed other than by using the electronic filing service.

The form of any document must be —

in such form as the Registrar may require; or

where the document is remotely composed on the computer system of the electronic filing service provider, in the form made available through the electronic filing service,and must, in the absence of such prescription, be in the form prescribed by rule 2 of the Criminal Procedure Rules 2018 (G.N. No. S 727/2018).

Any document which is filed with, served on, delivered to or otherwise conveyed to the Supreme Court or the Registrar through the electronic filing service by a registered user using an identification code is deemed to have been so filed, served, delivered or otherwise conveyed by the registered user and with the registered user’s intention to do so.

Any document which is filed with, served on, delivered to or otherwise conveyed to the Supreme Court or the Registrar through the electronic filing service by an authorised user (other than an employee of a service bureau) using an identification code is deemed to have been so filed, served, delivered or otherwise conveyed —

by the authorised user on behalf and with the authority of the registered user to whom the authorised user belongs; and

with the intention of that registered user to do so.

Any document which is filed with, served on, delivered to or otherwise conveyed to the Supreme Court or the Registrar through the electronic filing service by an authorised user, who is an employee of a service bureau, using an identification code is deemed to have been so filed, served, delivered or otherwise conveyed —

on behalf and with the authority of the person tendering the document to the service bureau for such purpose and with the intention of that person to do so; or

where the person tendering the document to the service bureau is acting as agent for his or her principal, on behalf and with the authority of his or her principal and with the intention of the principal to do so.

To avoid doubt, it is declared that any document which is filed with, served on, delivered to or otherwise conveyed to the Supreme Court or the Registrar using an identification code in compliance with the security procedures of the electronic filing service is a secure electronic record within the meaning of the Electronic Transactions Act 2010.

Where a document is filed, served, delivered or otherwise conveyed using the electronic filing service, any requirement under the Criminal Procedure Code 2010 relating to the signing by or the signature of an authorised user or a registered user, is deemed to be complied with if the identification code of the authorised user or registered user has been applied to or associated with, directly or indirectly, the document or the transmission containing the document.

For the purposes of paragraph (1) —

where the identification code of a registered user is applied to or associated with, directly or indirectly, a document or a transmission containing a document in compliance with the security procedures of the electronic filing service —

the document is deemed to be signed by the registered user; and

the contents of the document are deemed to be endorsed by the registered user;

where the identification code of an authorised user (other than an employee of a service bureau) is applied to or associated with, directly or indirectly, a document or a transmission containing a document in compliance with the security procedures of the electronic filing service —

the document is deemed to be signed by the authorised user on behalf and with the authority of the registered user to whom the authorised user belongs; and

the contents of the document are deemed to be endorsed by that registered user; or

where the identification code of an authorised user, who is an employee of a service bureau, is applied to or associated with, directly or indirectly, a document or a transmission containing a document in compliance with the security procedures of the electronic filing service —

the document is deemed to be signed by the authorised user on behalf and with the authority of the person tendering the document to the service bureau and the contents of the document are deemed to be endorsed by that person; or

where the person tendering the document to the service bureau is acting as agent for his or her principal, the document is deemed to be signed on behalf and with the authority of his or her principal and the contents of the document are deemed to be endorsed by his or her principal.

To avoid doubt, it is declared that the application to or association of the identification code of an authorised user or a registered user, directly or indirectly, with a document or a transmission containing a document in compliance with the security procedures of the electronic filing service is a secure electronic signature within the meaning of the Electronic Transactions Act 2010.

Where a document is filed, served, delivered or otherwise conveyed using the electronic filing service, any requirement under the Criminal Procedure Code 2010 relating to the signing by or the signature of an authorised user or a registered user, is deemed to be complied with if the identification code of the authorised user or registered user has been applied to or associated with, directly or indirectly, the document or the transmission containing the document.

For the purposes of paragraph (1) —

where the identification code of a registered user is applied to or associated with, directly or indirectly, a document or a transmission containing a document in compliance with the security procedures of the electronic filing service —

the document is deemed to be signed by the registered user; and

the contents of the document are deemed to be endorsed by the registered user;

where the identification code of an authorised user (other than an employee of a service bureau) is applied to or associated with, directly or indirectly, a document or a transmission containing a document in compliance with the security procedures of the electronic filing service —

the document is deemed to be signed by the authorised user on behalf and with the authority of the registered user to whom the authorised user belongs; and

the contents of the document are deemed to be endorsed by that registered user; or

where the identification code of an authorised user, who is an employee of a service bureau, is applied to or associated with, directly or indirectly, a document or a transmission containing a document in compliance with the security procedures of the electronic filing service —

the document is deemed to be signed by the authorised user on behalf and with the authority of the person tendering the document to the service bureau and the contents of the document are deemed to be endorsed by that person; or

where the person tendering the document to the service bureau is acting as agent for his or her principal, the document is deemed to be signed on behalf and with the authority of his or her principal and the contents of the document are deemed to be endorsed by his or her principal.

To avoid doubt, it is declared that the application to or association of the identification code of an authorised user or a registered user, directly or indirectly, with a document or a transmission containing a document in compliance with the security procedures of the electronic filing service is a secure electronic signature within the meaning of the Electronic Transactions Act 2010.