Criminal Justice Reform (Saving and Transitional Provisions) Regulations 2018

No. S 572

Criminal Justice Reform Act 2018

(ACT 19 OF 2018)

Criminal Justice Reform
(Saving and Transitional Provisions)
Regulations 2018

In exercise of the powers conferred by section 128(7) of the Criminal Justice Reform Act 2018, the Minister for Law makes the following Regulations:

Citation and commencement

1.  These Regulations are the Criminal Justice Reform (Saving and Transitional Provisions) Regulations 2018 and come into operation on 17 September 2018.

Definitions

2.  In these Regulations, unless the context otherwise requires —

“Act” means the Criminal Justice Reform Act 2018 (Act 19 of 2018);

“Code” means the Criminal Procedure Code (Cap. 68).

Audiovisual recordings

3.—(1)  Despite section 6 of the Act, section 22(5) of the Code does not apply to any statement made, by a person examined under section 22 of the Code, during an investigation, if any of the following applies:

(a) that investigation is a pre‑commencement investigation;

(b) that investigation began on or after 17 September 2018 using information obtained in a pre‑commencement investigation;

(c) that investigation —

(i) concerns a suspect in a pre‑commencement investigation;

(ii) concerns any offence committed on another occasion which is the same as the offence in the pre‑commencement investigation; and

(iii) begins before the pre‑commencement investigation ends.

(2)  Despite section 7(a) of the Act, section 23(3B) of the Code does not apply to any statement made, by an accused in answer to a notice read to the accused under section 23(1) of the Code, during an investigation, if any of the following applies:

(a) that investigation is a pre‑commencement investigation;

(b) that investigation began on or after 17 September 2018 using information obtained in a pre‑commencement investigation;

(c) that investigation —

(i) concerns a suspect in a pre‑commencement investigation;

(ii) concerns any offence committed on another occasion which is the same as the offence in the pre‑commencement investigation; and

(iii) begins before the pre‑commencement investigation ends.

(3)  In this regulation, unless the context otherwise requires —

“investigation” means an investigation of an offence;

“pre‑commencement investigation” means an investigation that began before 17 September 2018.

Conditions of bail or personal bond

4.  Section 19 of the Act does not apply in any case where an accused is granted bail or released on personal bond before 17 September 2018.

Criminal case disclosure procedures

5.—(1)  Despite section 42(d) of the Act, section 166(4) of the Code does not apply to the defence in any case where the accused was charged before 17 September 2018.

(2)  Sections 44(b) and 57 of the Act do not apply in any case where the accused was charged before 17 September 2018.

(3)  Despite section 44(c) of the Act, section 169(2) of the Code as in force immediately before 17 September 2018 continues to apply in any case where the accused was charged before that date.

(4)  Despite section 54(d) of the Act, section 218(4) of the Code does not apply to the defence in any case where the accused was charged before 17 September 2018.

Abolition of committal hearings

6.—(1)  Sections 2(g) and 56 of the Act do not apply to an accused in relation to an offence to be tried in the High Court, if the accused was charged with that offence before 17 September 2018.

(2)  Despite sections 50(a), 58, 59 and 61 of the Act, sections 212(1), 224(1), 225(1) and 227(3) and (4) of the Code as in force immediately before 17 September 2018 continue to apply to an accused in relation to an offence to be tried in the High Court, if the accused was charged with that offence before that date.

Made on 14 September 2018.

NG HOW YUE

Permanent Secretary,
Ministry of Law,
Singapore.

[63/009 CPC-Regulations-V1; AG/LEGIS/SL/68/2015/5 Vol. 1]