Criminal Procedure Code (Reformative Training) Regulations 2018

These Regulations are the Criminal Procedure Code (Reformative Training) Regulations 2018 and come into operation on 31 October 2018.

In these Regulations, unless the context otherwise requires —“Commissioner” means the Commissioner of Prisons appointed under section 20 of the Prisons Act (Cap. 247);“Committee” means a Reformative Training Centre Review Committee established under regulation 5;“detainee” means any person who is detained in a reformative training centre pursuant to a sentence of reformative training imposed under section 305 of the Code;“Minister” means the Minister charged with the responsibility for law and order;“recall”, in relation to a person released from a reformative training centre under a supervision order, means to require the person to report to that or any other reformative training centre;“recall order” means a recall order issued by a Committee, the Commissioner, or an authorised person mentioned in regulation 13(1)(b), under regulation 13(1) requiring a person released from a reformative training centre to report to a reformative training centre specified in the recall order to be re‑detained there;“relevant person” means —

a detainee;

a person released under a supervision order; or

a person released from day to day, pursuant to a direction under regulation 15(1);“revoked Regulations” means the Criminal Procedure Code (Reformative Training) Regulations 2010 (G.N. No. S 802/2010) as in force immediately before 31 October 2018;“RTC date”, for a person sentenced to reformative training, means the date the sentence of reformative training takes effect;“Superintendent” means a Superintendent of Prisons appointed under section 20 of the Prisons Act for a reformative training centre;“supervision order” means a supervision order issued under regulation 4(2) by a Committee;“supervision period”, in relation to a person who is subject to a supervision order, means the period starting from the date the person is released from a reformative training centre and ending on the earliest of the following days:

the day that is the end of 4 years after the person’s RTC date;

the day the person is discharged from the supervision order under regulation 12(4);

the day the supervision period under the supervision order comes to an end as specified in regulation 14(b);“Visiting Justice” means a member of the Board of Visiting Justices appointed under section 79 of the Prisons Act.

These Regulations apply to every person who, on or after 31 October 2018 —

is sentenced to reformative training;

is a detainee whose sentence of reformative training is imposed before, on or after that date;

is, or is by virtue of regulation 17(1) treated as, subject to a supervision order;

is, or is by virtue of regulation 17(2) treated as, recalled under regulation 13(1)(a), or is recalled under regulation 13(1)(b); or

is, or is by virtue of regulation 17(5) treated as, unlawfully at large under regulation 13(10) or 15(9).

Subject to paragraph (2), a person sentenced to reformative training must be detained in a reformative training centre until a Committee for the centre releases the person under a supervision order.

A Committee for a reformative training centre —

may release, under a supervision order, a person sentenced to reformative training, only after —

in the case of a person sentenced to reformative training on or after 31 October 2018, the person has served the minimum period of detention as specified by the court under section 305(6) of the Code; or

in the case of a person sentenced to reformative training before that date, the person has been detained in the reformative training centre for a period of 18 months after the person’s RTC date; and

must release, under a supervision order, a person sentenced to reformative training, after the person has been detained in the reformative training centre for a period of 3 years after the person’s RTC date.

For the purposes of section 305(8)(a) of the Code, the period of detention under a sentence of reformative training must not extend beyond 54 months after the date the sentence takes effect, in any case where the person sentenced to reformative training is recalled pursuant to a recall order, after the person was released under a supervision order.

Subject to paragraph (2), a person sentenced to reformative training must be detained in a reformative training centre until a Committee for the centre releases the person under a supervision order.

A Committee for a reformative training centre —

may release, under a supervision order, a person sentenced to reformative training, only after —

in the case of a person sentenced to reformative training on or after 31 October 2018, the person has served the minimum period of detention as specified by the court under section 305(6) of the Code; or

in the case of a person sentenced to reformative training before that date, the person has been detained in the reformative training centre for a period of 18 months after the person’s RTC date; and

must release, under a supervision order, a person sentenced to reformative training, after the person has been detained in the reformative training centre for a period of 3 years after the person’s RTC date.

For the purposes of section 305(8)(a) of the Code, the period of detention under a sentence of reformative training must not extend beyond 54 months after the date the sentence takes effect, in any case where the person sentenced to reformative training is recalled pursuant to a recall order, after the person was released under a supervision order.

The Minister may establish —

one Reformative Training Centre Review Committee for one or more than one reformative training centre; or

more than one Reformative Training Centre Review Committee for one reformative training centre.

The functions of a Committee for a reformative training centre are as follows:

to determine the suitability of a detainee of the centre for release under a supervision order;

to determine the suitability of a person released from the centre under a supervision order to be discharged from the supervision order;

to determine whether to recall a person released from the centre under a supervision order, if the person breaches any requirement specified in the supervision order;

to recommend to the Commissioner, or an authorised person mentioned in regulation 15(1), whether to make a direction under regulation 15(1).

Before making any determination or recommendation under paragraph (2) in relation to a relevant person, a Committee for the reformative training centre in which the relevant person is detained, or from which the relevant person is released, may require the Superintendent of the centre to submit a report (in respect of the relevant person) to assist the Committee in making the determination or recommendation.

Every Committee, in exercising its functions under these Regulations, must act in accordance with any general or special directions of the Minister, and must consider any report submitted under paragraph (3).

The Minister may establish —

one Reformative Training Centre Review Committee for one or more than one reformative training centre; or

more than one Reformative Training Centre Review Committee for one reformative training centre.

The functions of a Committee for a reformative training centre are as follows:

to determine the suitability of a detainee of the centre for release under a supervision order;

to determine the suitability of a person released from the centre under a supervision order to be discharged from the supervision order;

to determine whether to recall a person released from the centre under a supervision order, if the person breaches any requirement specified in the supervision order;

to recommend to the Commissioner, or an authorised person mentioned in regulation 15(1), whether to make a direction under regulation 15(1).

Before making any determination or recommendation under paragraph (2) in relation to a relevant person, a Committee for the reformative training centre in which the relevant person is detained, or from which the relevant person is released, may require the Superintendent of the centre to submit a report (in respect of the relevant person) to assist the Committee in making the determination or recommendation.

Every Committee, in exercising its functions under these Regulations, must act in accordance with any general or special directions of the Minister, and must consider any report submitted under paragraph (3).

Every Committee consists of such number (being at least 3) of Visiting Justices as the Minister may determine, each of whom is appointed by the Minister.

The Minister must appoint one member of a Committee as the chairperson, and another as the deputy chairperson, of the Committee.

Every Committee consists of such number (being at least 3) of Visiting Justices as the Minister may determine, each of whom is appointed by the Minister.

The Minister must appoint one member of a Committee as the chairperson, and another as the deputy chairperson, of the Committee.

A Committee member holds office for 3 years or such shorter period as the Minister may specify in any particular case.

A Committee member is eligible for re‑appointment.

A Committee member may at any time resign from his or her office by notice in writing to the Minister.

The Minister may at any time revoke the appointment of any Committee member, or fill any vacancy in the membership of any Committee.

A Committee member holds office for 3 years or such shorter period as the Minister may specify in any particular case.

A Committee member is eligible for re‑appointment.

A Committee member may at any time resign from his or her office by notice in writing to the Minister.

The Minister may at any time revoke the appointment of any Committee member, or fill any vacancy in the membership of any Committee.

The quorum for a meeting of a Committee is 3 members.

The chairperson of a Committee must preside at every meeting of the Committee at which the chairperson is present.

If the chairperson of a Committee is absent from a meeting, the deputy chairperson of the Committee, if present at the meeting, must preside at the meeting.

If both the chairperson and deputy chairperson of a Committee are absent from a meeting, the remaining members of the Committee must elect from among themselves one member to preside at the meeting of the Committee (called in these Regulations the presiding Committee member).

The quorum for a meeting of a Committee is 3 members.

The chairperson of a Committee must preside at every meeting of the Committee at which the chairperson is present.

If the chairperson of a Committee is absent from a meeting, the deputy chairperson of the Committee, if present at the meeting, must preside at the meeting.

If both the chairperson and deputy chairperson of a Committee are absent from a meeting, the remaining members of the Committee must elect from among themselves one member to preside at the meeting of the Committee (called in these Regulations the presiding Committee member).

A Committee sits in private, but is not required to meet in person.

A meeting of a Committee may be held —

by a quorum of the members, being assembled together at the time and place appointed for the meeting; or

by means of audio, audio and visual, or electronic communication, provided that —

all of the members who wish to participate in the meeting have access to the technology needed to participate in the meeting; and

a quorum of members can simultaneously communicate with each other throughout the meeting.

A Committee —

is not required to conduct any hearing;

may invite any person who, in the Committee’s opinion, can give information, in respect of any particular matter, which is likely to be of assistance to the Committee in making any determination or recommendation; and

is not required to interview any relevant person, or any other person, before making any determination or recommendation mentioned in regulation 5(2), but may do so if the Committee considers it necessary.

Subject to these Regulations, a Committee may determine its own procedure.

Every determination or recommendation of a Committee is secret, and must not be disclosed to any person other than a public officer who is authorised by the Minister, the Commissioner, or an authorised person mentioned in regulation 15(1), to prepare, see or comment on the determination or recommendation.

A Committee sits in private, but is not required to meet in person.

A meeting of a Committee may be held —

by a quorum of the members, being assembled together at the time and place appointed for the meeting; or

by means of audio, audio and visual, or electronic communication, provided that —

all of the members who wish to participate in the meeting have access to the technology needed to participate in the meeting; and

a quorum of members can simultaneously communicate with each other throughout the meeting.

A Committee —

is not required to conduct any hearing;

may invite any person who, in the Committee’s opinion, can give information, in respect of any particular matter, which is likely to be of assistance to the Committee in making any determination or recommendation; and

is not required to interview any relevant person, or any other person, before making any determination or recommendation mentioned in regulation 5(2), but may do so if the Committee considers it necessary.

Subject to these Regulations, a Committee may determine its own procedure.

Every determination or recommendation of a Committee is secret, and must not be disclosed to any person other than a public officer who is authorised by the Minister, the Commissioner, or an authorised person mentioned in regulation 15(1), to prepare, see or comment on the determination or recommendation.

All questions for the determination or recommendation of a Committee are to be decided by a majority of the votes of the Committee members present and voting.

If there is an equality of votes at a meeting of a Committee, the person who presides at the meeting (whether the chairperson or deputy chairperson of the Committee, or the presiding Committee member) has a casting vote.

The determination or recommendation of a Committee may be accompanied by any dissenting view of a Committee member who voted against the determination or recommendation.

A Committee member participating in a meeting in accordance with regulation 9(2)(b) is taken to be present at the meeting.

All questions for the determination or recommendation of a Committee are to be decided by a majority of the votes of the Committee members present and voting.

If there is an equality of votes at a meeting of a Committee, the person who presides at the meeting (whether the chairperson or deputy chairperson of the Committee, or the presiding Committee member) has a casting vote.

The determination or recommendation of a Committee may be accompanied by any dissenting view of a Committee member who voted against the determination or recommendation.

A Committee member participating in a meeting in accordance with regulation 9(2)(b) is taken to be present at the meeting.

The Commissioner, or an authorised person mentioned in regulation 15(1), must consider, but is not required to follow, any recommendation given by a Committee.

A person subject to a supervision order —

is under the supervision of a person determined by the Superintendent of the centre; and

during the supervision period, must comply with every requirement specified in that supervision order.

Without limiting the requirements that may be specified in a supervision order, a supervision order may require the person subject to the order to do all or any of the following during the supervision period:

to attend such counselling, therapy, test, assessment or other activity, for the purpose of facilitating the person’s rehabilitation and reintegration into society, and at such time and place, as may be specified in that order;

to present himself or herself, and to provide a specimen of his or her urine or hair for testing, at such time and place as may be specified in that order;

to remain indoors at the person’s place of residence or such other place, and at such time, as may be specified in that order;

to allow the Superintendent, or any officer authorised by the Superintendent, to enter the person’s place of residence, or any other place the person is required to remain at, to determine the person’s compliance with any requirement of that order or for any purpose relating to the person’s rehabilitation;

for the purpose of enabling the electronic monitoring of the person’s whereabouts —

to wear any electronic transmitting device on such part of his or her person as may be specified by the Superintendent;

to allow the Superintendent, or any officer authorised by the Superintendent, to enter the person’s place of residence, or any other place the person is required to remain at, to install, inspect, maintain, repair or retrieve any electronic monitoring device;

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;

not to tamper with 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, or otherwise prevent or obstruct the electronic monitoring of the person’s whereabouts;

to inform the Superintendent, or any other person designated by the Superintendent, immediately of any malfunction, damage or loss of the electronic monitoring device;

to respond promptly to any telephone call from the centre set up to monitor persons who have been issued with the electronic monitoring device; and

to comply with all reporting requirements imposed on the person.

A Committee may, at any time, modify or cancel any of the requirements specified in the supervision order.

A Committee may, at any time, order that a person who is subject to a supervision order be discharged from the supervision order before the end of the supervision period.

Any person discharged from the supervision order under paragraph (4) ceases to be subject to these Regulations.

A person subject to a supervision order —

is under the supervision of a person determined by the Superintendent of the centre; and

during the supervision period, must comply with every requirement specified in that supervision order.

Without limiting the requirements that may be specified in a supervision order, a supervision order may require the person subject to the order to do all or any of the following during the supervision period:

to attend such counselling, therapy, test, assessment or other activity, for the purpose of facilitating the person’s rehabilitation and reintegration into society, and at such time and place, as may be specified in that order;

to present himself or herself, and to provide a specimen of his or her urine or hair for testing, at such time and place as may be specified in that order;

to remain indoors at the person’s place of residence or such other place, and at such time, as may be specified in that order;

to allow the Superintendent, or any officer authorised by the Superintendent, to enter the person’s place of residence, or any other place the person is required to remain at, to determine the person’s compliance with any requirement of that order or for any purpose relating to the person’s rehabilitation;

for the purpose of enabling the electronic monitoring of the person’s whereabouts —

to wear any electronic transmitting device on such part of his or her person as may be specified by the Superintendent;

to allow the Superintendent, or any officer authorised by the Superintendent, to enter the person’s place of residence, or any other place the person is required to remain at, to install, inspect, maintain, repair or retrieve any electronic monitoring device;

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;

not to tamper with 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, or otherwise prevent or obstruct the electronic monitoring of the person’s whereabouts;

to inform the Superintendent, or any other person designated by the Superintendent, immediately of any malfunction, damage or loss of the electronic monitoring device;

to respond promptly to any telephone call from the centre set up to monitor persons who have been issued with the electronic monitoring device; and

to comply with all reporting requirements imposed on the person.

A Committee may, at any time, modify or cancel any of the requirements specified in the supervision order.

A Committee may, at any time, order that a person who is subject to a supervision order be discharged from the supervision order before the end of the supervision period.

Any person discharged from the supervision order under paragraph (4) ceases to be subject to these Regulations.