Singapore legislation

Regulation 21

Objection to charge

Subregulation 1

The accused may, before pleading to a charge, object to it on the ground that —

(a)

it is not correct in law; or

(b)

it is not framed in accordance with these Regulations.

If the accused objects to a charge under paragraph (1) —

(a)

the prosecutor may address the court in answer to the objection; and

(b)

the accused may reply to the prosecutor’s address.

Where the accused objects to a charge under paragraph (1), the court may, if it upholds the objection —

(a)

alter the charge or frame a new charge in substitution for the charge in accordance with regulation 65;

(b)

direct the prosecutor to frame a new charge in substitution for the charge; or

(c)

direct that the accused be discharged.

The court may grant an adjournment of the trial if the court —

(a)

alters the charge or frames a new charge in substitution for the charge under paragraph (3)(a); or

(b)

directs the prosecutor to frame a new charge in substitution for the charge under paragraph (3)(b).

A discharge under paragraph (3)(c) shall not amount to an acquittal unless the court so directs.