Part 2 - Criminal Jurisdiction of State Courts

Question 1

Section 7

Answer 1

Criminal jurisdiction of Magistrates’ Courts

Try any offence for which the maximum term of imprisonment provided by law does not exceed 5 years or which is punishable with a fine only

Conduct a committal hearing, inquire into complaints, summon witnesses, summon, apprehend and issue warrants of arrest for offenders, issue search warrants, require persons to furnish security for good behavior, do all things empowered by the Code or any written law

9(1): Where an offence is triable by a District Court but not by a Magistrate’s Court, the Public Prosecutor may in writing authorise a Magistrate’s Court in any particular case to try the offence

Question 2

Section 8

Answer 2

Criminal jurisdiction of District Courts

(a) Try any offence for which the maximum term of imprisonment provided by law does not exceed 10 years or which is punishable with a fine only
(b) have in the exercise of its jurisdiction all the powers of a Magistrate’s Court

9(3)(c) District Court may try any offence other than an offence punishable with death if the Public Prosecutor applies to the District Court to try such offence, and the accused consents, or if more than one are charged together with the same offence, all such accused persons consent

Question 3

Section 10

Answer 3

Consent required for prosecution of certain offences

Consent of the Public Prosecutor needed for prosecution of the offences below.

(a) Section 172 to 188, 193 to 196, 199, 200, 205 to 211, 228, 376C, 376G or 505 of the Penal Code

172 to 188: Contempts of the lawful authority of public servants
193 to 196, 199, 200, 205 to 211, 228: False evidence and offences against public justice
376C: Commercial sex with minor under 18 outside Singapore
376G: Incest
505: Statements conducing to public mischief

(b) Chapter VA (i.e. Criminal Conspiracy), VI (i.e. Offences against the State) (except section 127) or XVIII (i.e. Offences against property) of the Penal Code
(c) Chapter XXI (i.e. Defamation) of the Penal Code
(d) An abetment of, or an attempt to commit, any offence referred to in paragraphs (a), (b) and (c)