NCJ Number
88020
Date Published
1981
Length
12 pages
Annotation
The basic provisions governing individuals' rights with respect to arrest and pretrial detention in Singapore are located in Article 5 of Part II of the Malaysian Constitution, as applied to Singapore.
Abstract
The procedural law governing the administration of criminal law is found largely in the Criminal Procedure Code, which is modeled on the Indian Criminal Procedure Code. The code permits arrests both with and without warrants; the latter are more common. Although citizens have the right to be told of the grounds for their arrests, the arresting officer does not have to tell them unless they ask. All arrest cases for a day are first mentioned in a 'mention' court, where accused persons appear and hear the charges against them. The accused may have counsel at this appearance but generally do not. The court has the discretion to grant bail even in serious cases if the accused person is either under age 16, a woman, sick, or infirm. Although granting of bail is the general standard, from 1969 to 1979 44 percent of the prison population were remanded for varying periods before trial. Remand occurred if the application for bail was refused, if the amount of bail was excessive, or if sureties were not immediately available. A magistrate or district judge reviews all remand cases each week. Persons who wish to challenge the legality of their detention may apply for a writ of habeas corpus from the High Court. Alternatives to arrest and pretrial detention are the use of the summons and the use of the appearance ticket. The best safeguard against abuse of powers of arrest and detention is to have honest, conscientious, and efficient persons exercising those powers. Nine reference notes and appendixes presenting data tables are included.