Criminal Procedure Code (Transitional Provisions — Further Proceedings and Joint Trials) Regulations 2011

No. S 160

Criminal Procedure Code 2010

(Act 15 of 2010)

In exercise of the powers conferred by section 429(24) of the Criminal Procedure Code 2010, the Minister for Law hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Criminal Procedure Code (Transitional Provisions — Further Proceedings and Joint Trials) Regulations 2011 and shall be deemed to have come into operation on 2nd January 2011.

General — further proceedings according to repealed Act

2. Where an accused has been charged for any offence before 2nd January 2011, any proceeding (which includes any pre-trial proceeding, trial, criminal motion, criminal appeal, criminal revision or criminal reference) in relation to that offence may be taken or continued, as the case may be, after that date and everything in relation thereto may be done in all respects on or after that date as if the Act had not been enacted.

Further proceedings where additional charges preferred

3.—(1) Notwithstanding regulation 2 and any other provision in the Act, where —

(a)	an accused has been charged for any offence before 2nd January 2011 and the trial for that offence has not commenced before that date;
(b)	the accused is also charged for another offence on or after that date;
(c)	an application is made by the prosecution for the offences referred to in sub-paragraphs (a) and (b) to be tried together at one trial under section 133, 134, 135, 136 or 138 of the Act;
(d)	the accused does not object to the prosecution’s application under sub-paragraph (c); and
(e)	the court is satisfied that the accused understands the nature and consequences of his option when he opts in writing to have the Act apply in relation to the offence referred to in sub-paragraph (a),

any proceeding (which includes any pre-trial proceeding, trial, criminal motion, criminal appeal, criminal revision or criminal reference) in relation to the offence referred to in sub-paragraph (a) shall be taken, and everything in relation thereto shall be done in all respects on or after 2nd January 2011 under the Act.

(2) If the pre-trial proceedings apply in relation to an offence referred to in paragraph (1)(a), Part IX of the Act shall apply as if the accused to whom the pre-trial proceedings apply was first charged in court for the offence referred to in paragraph (1)(a) at the same time that he is charged for the offence referred to in paragraph (1)(b).

Joint trials

4.—(1) Notwithstanding regulation 2 and any other provision in the Act, where —

(a)	an accused (referred to in this paragraph as accused A) has been charged for any offence before 2nd January 2011 and the trial for that offence has not commenced before that date;
(b)	another accused (referred to in this paragraph as accused B) is charged for any offence on or after that date;
(c)	an application is made by the prosecution for both accused A and accused B to be jointly tried under section 143 or 144 of the Act;
(d)	accused A and accused B do not object to the prosecution’s application under sub-paragraph (c); and
(e)	the court is satisfied that the accused A understands the nature and consequences of his option when he opts in writing to have the Act apply in relation to the offence referred to in sub-paragraph (a),

(2) If the pre-trial proceedings apply in relation to an offence referred to in paragraph (1)(a), Part IX of the Act shall apply as if the accused A to whom the pre-trial proceedings apply was first charged in court for the offence referred to in paragraph (1)(a) at the same time that the other accused B is charged for the offence referred to in paragraph (1)(b).

Made this 24th day of March 2011.

PANG KIN KEONG

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 06/011/007 V47; AG/LLRD/SL/68/2010/16 Vol. 1]