Part 4 - Information to Police and Powers of Investigation

Question 1

Section 20

Answer 1

Power to order production of any document or other thing

(1) Where a police officer of or above the rank of sergeant considers that a document or other thing (other than a document or thing in the custody of a Postal Authority or public postal licensee) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, he may issue a written order to the person in whose possession or power the document or thing is believed to be, to require that person —
(a) to produce the document or thing at the time and place stated in the order; or
(b) to give a police officer access to such document or thing

(2) Notwithstanding subsection (1), a written order under that subsection for the production of customer information by a financial institution, or access to customer information kept by a financial institution —
(a) must only be made by a police officer of or above the rank of inspector; and
(b) may require the financial institution to monitor any account of a customer of the financial institution for a period of time and provide such information relating to the transactions carried out in the account during that period

(3) If any document or thing in the custody of a Postal Authority or a public postal licensee is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, he may require the Postal Authority or public postal licensee to deliver that document or thing to the person whom the Public Prosecutor so requires it to be delivered
(4) If a person is required merely to produce any document or thing, he may comply with such requirement by causing the document or thing to be produced instead of bringing it in person
(5) A police officer may exercise the powers conferred under this section notwithstanding any provision in any other law relating to the production of, or the giving of any access to, any document or thing
(6) In this section, “customer information” has the same meaning as in section 40A of the Banking Act (Cap. 19)

Question 2

Section 21

Answer 2

Power to require attendance of witnesses

(1) In conducting an investigation under this Part, a police officer may issue a written order requiring anyone within the limits of Singapore, who appears to be acquainted with any of the facts and circumstances of the case, to attend before him, and that person must attend as required
(2) If that person fails to attend as required, the police officer may report the matter to a Magistrate who may then, in his discretion, issue a warrant ordering the person to attend

Question 3

Section 22

Answer 3

Power to examine witnesses

(1) In conducting an investigation under this Part, a police officer, or a forensic specialist acting in the course of his duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act (Cap. 235) and the lawful directions of the police officer or law enforcement officer he assists, may examine orally any person who appears to be acquainted with any of the facts and circumstances of the case —
(a) whether before or after that person or anyone else is charged with an offence in connection with the case; and
(b) whether or not that person is to be called as a witness in any inquiry, trial, or other proceeding under this Code in connection with the case

(2) The person examined shall be bound to state truly what he knows of the facts and circumstances of the case, except that he need not say anything that might expose him to a criminal charge, penalty or forfeiture

(3) A statement made by any person examined under this section must —
(a) be in writing;
(b) be read over to him;
(c) if he does not understand English, be interpreted for him in a language that he understands; and
(d) be signed by him

Question 4

Section 23

Answer 4

Cautioned statements

(1) If, during an investigation, a person (referred to in this section as the accused) is charged with an offence or informed by a police officer or any other person charged with the duty of investigating offences or charging offenders that he may be prosecuted for an offence, he must be served with and have read to him a notice in writing as follows:
“You have been charged with [or informed that you may be prosecuted for] — (set out the charge). Do you want to say anything about the charge that was just read to you? If you keep quiet now about any fact or matter in your defence and you reveal this fact or matter in your defence only at your trial, the judge may be less likely to believe you. This may have a bad effect on your case in court. Therefore it may be better for you to mention such fact or matter now. If you wish to do so, what you say will be written down, read back to you for any mistakes to be corrected and then signed by you.”

(2) If an accused, after the notice under subsection (1) is read to him —
(a) remains silent; or
(b) says or does anything which intimates his refusal to give a statement, the fact of his remaining silent or his refusal to give a statement or his other action must be recorded

(3) A statement made by an accused after the notice under subsection (1) is read to him must —
(a) be in writing;
(b) be read over to him;
(c) if he does not understand English, be interpreted for him in a language that he understands; and
(d) be signed by him

(4) No statement made by an accused in answer to a notice read to him under subsection (1) shall be construed as a statement caused by any threat, inducement or promise as is described in section 258(3), if it is otherwise voluntary
(5) A copy of a statement recorded under this section must be given to the accused at the end of the recording of such statement