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Subsidiary Legislation

Protection from Harassment (Referral for Criminal Investigation) Order 2021

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Official textFrom Singapore Statutes Online, unchanged

reg 1Citation and commencement

This Order is the Protection from Harassment (Referral for Criminal Investigation) Order 2021 and comes into operation on 1 June 2021.

reg 2Definitions

In this Order —“grievous”, in relation to hurt, has the meaning given by section 320 of the Penal Code (Cap. 224);“hurt” has the meaning given by section 319 of the Penal Code;“vulnerable person” has the meaning given by section 8A(3) of the Act.

“grievous”, in relation to hurt, has the meaning given by section 320 of the Penal Code (Cap. 224);

“hurt” has the meaning given by section 319 of the Penal Code;

“vulnerable person” has the meaning given by section 8A(3) of the Act.

reg 3Factors to take into account in considering if criminal investigation is warranted

(1)

This paragraph applies where a court, being satisfied of the matters in section 13(1) of the Act, including that there is prima facie evidence that the respondent (A) has contravened section 3, 4, 5, 6 or 7 of the Act in respect of a victim (B), makes an expedited protection order under that provision against A.

(2)

In considering under section 13A(1)(a) of the Act whether a criminal investigation is warranted, the court is to take into account whether the prima facie evidence of A’s contravention discloses any of the following facts:

(a)

A caused or threatened to cause —

(i)

hurt to B, if B is a vulnerable person or was or is in an intimate relationship with A; or

(ii)

grievous hurt to B;

(b)

A caused a substantial adverse effect on B or B’s day‑to‑day activities;

(c)

A repeatedly contravened section 3, 4, 5 or 6 of the Act in respect of B;

(d)

A contravened section 7 of the Act in respect of B by committing acts or omissions associated with stalking frequently or over a long duration.

(3)

In sub‑paragraph (2)(a)(i), the court may determine whether B was or is in an intimate relationship with A having regard to all the circumstances of the case, including the circumstances mentioned in section 8B(3) of the Act.

Subregulation 1

This paragraph applies where a court, being satisfied of the matters in section 13(1) of the Act, including that there is prima facie evidence that the respondent (A) has contravened section 3, 4, 5, 6 or 7 of the Act in respect of a victim (B), makes an expedited protection order under that provision against A.

Subregulation 2

In considering under section 13A(1)(a) of the Act whether a criminal investigation is warranted, the court is to take into account whether the prima facie evidence of A’s contravention discloses any of the following facts:

(a)

A caused or threatened to cause —

(i)

hurt to B, if B is a vulnerable person or was or is in an intimate relationship with A; or

(ii)

grievous hurt to B;

(b)

A caused a substantial adverse effect on B or B’s day‑to‑day activities;

(c)

A repeatedly contravened section 3, 4, 5 or 6 of the Act in respect of B;

(d)

A contravened section 7 of the Act in respect of B by committing acts or omissions associated with stalking frequently or over a long duration.

Subregulation 3

In sub‑paragraph (2)(a)(i), the court may determine whether B was or is in an intimate relationship with A having regard to all the circumstances of the case, including the circumstances mentioned in section 8B(3) of the Act.