Part 6 - Arrest and Bail and Processes to Compel Appearance Flashcards
Section 75
How to arrest
In making an arrest, the police officer or other person must touch or confine the body of the person to be arrested unless he submits to arrest by word or action (e.g. subject accompanies the police officer)
Section 68
Person arrested not to be detained more than 48 hours
Such period shall not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court
Section 76
No unnecessary restraint
Must not be restrained more than is necessary to prevent his escape
Section 64
When arrest may be made without warrant
(a) involved in arrestable offence
(b) possesses a housebreaking tool
(c) absconder
(d) possesses stolen or fraudulently obtained property
(e) obstructs a police officer or escape from lawful custody
(f) deserter
(g) conceal his presence suggesting he is doing so with a view to committing an arrestable offence
(h) no apparent means of subsistence or cannot give a satisfactory account of himself
(i) habitual - robber, housebreaker, thief, receiver of stolen property, commit extortion
(j) breach of the peace in the police officer’s presence
(k) planning to commit an arrestable offence cannot otherwise be prevented
(l) failed to comply while under police supervision
(m) breached any detention order
Section 66
Arrest by private person
(1) In his view or presence, commits an arrestable non-bailable offence or is an absconder
(6) Name and residential address unknown; residential address outside Singapore; reason to believe that the given name and residential address is false
(8) If any person being lawfully apprehended under subsection (6) assaults or forcibly resists the person by whom he is so apprehended, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000
Section 92
When person must be released on bail or personal bond
(1) (a) arrested or detained without warrant; appears or is brought before a court; and
(1) (b) prepared to give bail at any time
(2) may release him if he signs a personal bond without sureties
Section 93
When person accused of non-bailable offence may be released on bail
(2) No reasonable grounds for believing that the accused has committed a non-bailable offence
(3) At the discretion of the police officer or court
Section 77
Search of place entered by person sought to be arrested
(1) If a police officer with authority to arrest or a person acting under an arrest warrant has reason to believe that the person to be arrested is inside any place and demands entry to that place, any person residing in or in charge of the place must allow him free entry and provide all reasonable facilities for a search in it
(4) May break open any outer or inner door or window
or use any other reasonable means to gain such entry
Section 78
Search of person arrested and his premises
(1) May search the person arrested and place in safe custody all articles other than necessary wearing apparel found upon him
(2) Police may enter any place of any person under arrest, any person connected with the offence, any person believed to have given shelter to the person under arrest
Section 81
Detention and search of persons in place searched
During a lawful search of premises, every person found inside may be detained. If thing sought is concealable, then every person may be searched for it, by or in the presence of a police officer of or above the rank of sergeant
Section 83
Mode of searching women
Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency
Section 110
Notice to attend court
Where a police officer of or above the rank of inspector has reasonable grounds for believing that a person has committed an offence, he may immediately serve upon the person a prescribed notice, requiring that person to attend at the court described, and at the time and on the date specified in the notice
Section 111
Bond for appearance of complainant and witnesses
If, during or after an investigation under Part IV, a police officer is of the opinion that there is sufficient evidence to justify starting or continuing criminal proceedings for an arrestable offence against a person, he may require any complainant and any or all other persons who may be familiar with the case, to execute a bond to appear before a court and give evidence in the case against the accused
Section 115
Form and validity of summons, etc.
(1) A summons to appear issued by a court under this Code must be in writing, bearing the seal of the court and signed by a Magistrate or District Judge, as the case may be, or in the case of the High Court, by a Judge of that Court or by the Registrar of the Supreme Court
(2) The summons shall remain in force until cancelled by the court or until the person summoned is discharged from it by a court
(3) The summons may be served by a police officer or by an officer of the court or any other person directed by the court
(4) If the summons is in connection with an offence under any written law enforceable by a public body, the summons may be served by an officer of that public body
(5) When a summons cannot be served soon enough to give reasonable notice to the person summoned to appear before the court on the date stated in the summons, the court may in writing substitute some other later date
