PART VI
ARREST AND BAIL AND PROCESSES TO COMPEL APPEARANCE

Division 1 — Arrest without warrant

When arrest may be made without warrant
64. —(1) Any police officer may, without a warrant, arrest any person who —

(a) has been concerned in an arrestable offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of his having been so concerned or involved;

(b) possesses a housebreaking tool without being able to provide a lawful excuse for having it;

(c) has been proclaimed as an offender under section 88;

(d) possesses anything that may reasonably be suspected to be stolen or fraudulently obtained property, and who may reasonably be suspected of having committed an offence in acquiring it;

(e) obstructs a police officer while the police officer is doing his duty, or has escaped or tries to escape from lawful custody;

(f) is reasonably suspected of being a deserter from any force referred to in section 140B of the Penal Code (Cap. 224) or to which Chapter VII of that Code may be extended;

(g) is trying to conceal his presence in circumstances that suggest he is doing so with a view to committing an arrestable offence;

(h) has no apparent means of subsistence or who cannot give a satisfactory account of himself;

(i) is known to be a habitual robber, housebreaker or thief, or a habitual receiver of stolen property knowing it to be stolen, or who is known to habitually commit extortion or to habitually put or attempt to put persons in fear of injury in order to commit extortion;

(j) commits or attempts to commit a breach of the peace in the police officer’s presence;

(k) is known to be planning to commit an arrestable offence, if it appears to the police officer that the offence cannot otherwise be prevented;

(l) is subject to police supervision and who has failed to comply with this Code or any other written law; or

(m) has breached any detention order under any written law.

(2) This section does not affect any other law empowering a police officer to arrest without a warrant.


Arrest on refusal to give name and residence to police officer
65. —(1) A police officer may arrest any person who is accused of committing, or who commits in the view or presence of the police officer, a non-arrestable offence if, on the demand of the police officer, he refuses to give his name and residential address.

(2) A police officer may arrest such a person who gives a residential address outside Singapore, or a name or residential address which the police officer has reason to believe is false.

(3) Any person arrested under this section must be brought to a police station as soon as reasonably practicable and may, if required by a police officer of or above the rank of sergeant, be released upon signing a bond with or without surety to appear before a Magistrate.

(4) If the person refuses or is unable to sign the bond as required, he must, within 24 hours of the arrest (excluding the time necessary for the journey to a Magistrate’s Court), be brought before a Magistrate’s Court.

(5) The person who is brought before a Magistrate’s Court under subsection (4) may —

(a) be ordered to be detained in custody until he can be tried; or

(b) if so required by the Magistrate, be released upon signing a bond, with or without surety, to appear before a Magistrate’s Court.


Arrest by private person
66. —(1) Any private person may arrest any person who, in his view or presence, commits an arrestable non-bailable offence, or who has been proclaimed as an offender under section 88.

(2) The private person must, without unnecessary delay, hand over the arrested person to a police officer or take him to a police station.

(3) If there is reason to believe that the arrested person is a person referred to in section 64(1), a police officer must re-arrest him.

(4) If there is reason to believe that the arrested person has committed a non-arrestable offence and he refuses to give his name and residential address when required by a police officer, or gives a residential address outside Singapore, or a name or residential address that the police officer has reason to believe is false, he may be dealt with under section 65.

(5) If there is no reason to believe that the arrested person has committed any offence, he must be released at once.

(6) A person who commits an offence against any other person (referred to in this subsection as the victim) or that other person’s property may, if —

(a) his name and residential address are unknown;

(b) he gives a residential address outside Singapore; or

(c) he gives a name or residential address which the victim or any person who is using the victim’s property in relation to which the offence is committed, or which the employee of either of those persons, or which any person authorised by or acting in aid of either of those persons, has reason to believe is false,

be apprehended by the victim, employee or such person referred to in paragraph (c).

(7) The person apprehended under subsection (6) may be detained until he can be delivered into the custody of a police officer, and subsections (3), (4) and (5) shall thereafter apply.

(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.


How arrested person to be dealt with
67. A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions of this Code on bail or previous release, take or send the person arrested before a Magistrate’s Court.


Person arrested not to be detained more than 48 hours
68. —(1) No police officer shall detain in custody a person who has been arrested without a warrant for a longer period than under all the circumstances of the case is reasonable.

(2) 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.


Division 2 — Arrest with warrant


Warrant to whom directed
69. —(1) An arrest warrant must ordinarily be directed to the Commissioner of Police or to the head or director of any law enforcement agency, or any person of a similar rank in such law enforcement agency.

(2) An arrest warrant —

(a) if directed to the Commissioner of Police, may be executed by any police officer or any person appointed by the Commissioner of Police; or

(b) if directed to the head or director of any law enforcement agency, or any person of a similar rank in such law enforcement agency, may be executed by any person appointed by the head, director or any person of a similar rank.

(3) The court issuing an arrest warrant may direct it to any person or persons by name or office and such person or persons may execute the warrant.

(4) When an arrest warrant is directed to more than one person, all or any of them may execute it.


Arrest of person subject to warrant
70. A person subject to an arrest warrant may be arrested by a person authorised to execute the warrant or by a police officer.


Form of arrest warrant
71. —(1) An arrest warrant 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 the High Court or by the Registrar of the Supreme Court.

(2) The arrest warrant shall remain in force until it is executed, or cancelled by a court.


Court may endorse on warrant security to be taken
72. —(1) A court issuing an arrest warrant may direct by endorsement on the warrant that, if the person subject to the arrest warrant executes a bond with sufficient sureties for his attendance at the next sitting of the court after the day of arrest and at every subsequent sitting until the court directs otherwise, then the person to whom the warrant is directed must take such security and release the person subject to the arrest warrant from custody.

(2) The endorsement must state —

(a) the number of sureties; and

(b) the amount that the sureties and the person subject to the arrest warrant are respectively bound.

(3) When security is taken under this section, the person to whom the warrant is directed must, when required, send the bond to the court.


Notification of content of warrant
73. The police officer or other person executing an arrest warrant must inform the arrested person of the content of the warrant and, if required, show him the warrant or a copy of it.


Arrested person to be brought before court without delay
74. Subject to section 72, the police officer or other person executing an arrest warrant must bring the arrested person to the court before which he is required by law to produce that person without unnecessary delay.


Division 3 — General provisions for arrests with or without warrant

How to arrest
75. —(1) 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.

(2) If the person forcibly resists or tries to evade arrest, the police officer or other person may use all reasonable means necessary to make the arrest.


No unnecessary restraint
76. The person arrested must not be restrained more than is necessary to prevent his escape.


Search of place entered by person sought to be arrested
77. —(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.

(2) If entry to that place cannot be gained under subsection (1), it shall be lawful for a police officer with authority to arrest or a person acting under an arrest warrant to enter and search the place.

(3) In any case in which an arrest warrant may be issued but cannot be obtained without the risk of the person to be arrested escaping, a police officer may enter and search the place.

(4) After stating his authority and purpose and demanding entry to a place, a police officer with authority to arrest or a person acting under an arrest warrant who is unable to obtain entry may, for the purposes of subsection (2) or (3), break open any outer or inner door or window or use any other reasonable means to gain such entry.


Search of person arrested and his premises
78. —(1) Whenever —

(a)a person is arrested by a police officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or

(b) a person is arrested without warrant by a police officer or a private person under a warrant and the person arrested cannot legally be admitted to bail or is unable to furnish bail,
the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom the private person hands over the person arrested, may search the person arrested and place in safe custody all articles other than necessary wearing apparel found upon him.

(2) A police officer investigating an arrestable offence under Part IV may —

(a) enter any place belonging to or under the control of any person who —

(i)is under arrest in connection with the offence;
(ii) is reasonably believed to be connected with the offence; or
(iii) is reasonably believed to have given shelter to the person under arrest; and

(b) search the place for any evidence of the offence.


Power to seize offensive weapons
79. Any police officer or person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to a police station.


Search for name and address
80. A person lawfully in custody who, because of incapacity from intoxication, illness, mental disorder, physical disability or infancy, cannot give a reasonable account of himself may be searched to find out his name and address.


Detention and search of persons in place searched
81. —(1) Where a search for anything is lawfully made in any place in respect of any offence, every person found there may be lawfully detained until the search is completed.

(2) If the thing sought in a place can be concealed on a person, each person found in the place may be searched for it by or in the presence of a police officer of or above the rank of sergeant.


Mode of freeing persons
82. A police officer or other person authorised to make an arrest may break open a place to free himself or any other person who, having lawfully gone inside to make an arrest, is detained in it.


Mode of searching women
83. Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.


Power to pursue and arrest after escape or rescue
84. —(1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued, or any police officer, may immediately pursue and arrest him for the purpose of returning him to the place where he was in lawful custody.

(2) Sections 77 and 82 shall apply to any arrest under subsection (1) even if the person making the arrest is not acting under an arrest warrant and is not a police officer having authority to arrest.


Release of arrested person
85. A person arrested by a police officer must not be released except on his own bond or on bail, or by a written order of a court or of a police officer of or above the rank of sergeant.


Public assistance in arrests
86. Every person is bound to help a police officer or any other person authorised to make an arrest reasonably demanding his aid —

(a) in arresting a person whom the police officer or other person is authorised to arrest;

(b)in preventing a breach of the peace or in preventing any person from damaging any public property; or

(c) in suppressing a riot or an affray.


Assisting person other than police officer to execute warrant
87. If a warrant is granted to a person who is not a police officer, any other person may help in executing the warrant if the person to whom the warrant is granted is near at hand and engaged in executing it.


Division 4 — Proclamation and attachment

Proclamation for person absconding
88. —(1) If a court has reason to believe, whether after taking evidence or not, that a person against whom a warrant of arrest has been issued has absconded or is hiding so that the warrant cannot be executed, the court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than 30 days after the date of publication.

(2) The proclamation must be published —

(a) in a daily newspaper;

(b) by leaving a copy of it at the person’s last known address;

(c) by affixing a copy of it to any bulletin board in the court house;

(d) by affixing a copy of it to the bulletin board in the office of the Town Council established under section 4 of the Town Councils Act (Cap. 329A) that is nearest to the person’s last known address; or

(e) by affixing a copy of it to a bulletin board of any community centre or clubhouse established under the People’s Association Act (Cap. 227) that is nearest to the person’s last known address.

(3) A statement by the court issuing the proclamation stating that the proclamation was published on a specified day in a specified manner, or on a specified day at a specified place, is conclusive of that fact.


Attachment of property of person proclaimed
89. —(1) After issuing a proclamation under section 88, the court may order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person.

(2) If the property consists of debts or other movable property, the attachment may be made by all or any of the following methods:

(a) by seizure;

(b)by the appointment of a receiver;

(c) by an order in writing prohibiting the delivery of the property to the proclaimed person or any person on his behalf.

(3) If the property to be attached is immovable property, the attachment may be made by all or any of the following methods:

(a) by taking possession;

(b) by the appointment of a receiver;

(c) by an order in writing prohibiting the payment of rent or delivery of any instrument of title to the proclaimed person or any person on his behalf.

(4) The powers, duties and liabilities of a receiver appointed under this section are the same as those of a receiver appointed by the High Court under its civil jurisdiction.

(5) An attachment of immovable property shall have no effect until the order of attachment is registered under the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157), as the case may be.

(6) If the proclaimed person does not appear within the time specified in the proclamation, the attached property shall be at the disposal of the Government, but it must not be disposed of until the end of a reasonable period set by the court, having regard to the nature of the property.


Application for release of attached property
90. —(1) Any person, including the person proclaimed, may apply to the court for the release of the property attached under section 89 or for the net proceeds of sale if sold.

(2) Such an application must be supported by an affidavit stating the reason for the release of the property or the net proceeds of the sale, and served on the Public Prosecutor.

(3) The court, after hearing the parties, may make such order as it thinks fit, including an order for the applicant to pay the costs of the proceeding and an order for costs to be awarded to an applicant whose property was wrongfully attached.

(4) An application under this section may not be made more than 3 years from the date of attachment or the sale, whichever is the later.

(5) Any hearing conducted under this section must follow as closely as practicable the procedure prescribed in this Code for conducting trials.

(6) Any order for costs to be awarded to an applicant whose property was wrongfully attached shall be paid out of the Consolidated Fund.

Article 87
Requests for cooperation: general provisions
1. (a) The Court shall have the authority to make requests to States Parties for
cooperation. The requests shall be transmitted through the diplomatic channel or any other
appropriate channel as may be designated by each State Party upon ratification, acceptance,
approval or accession.
Subsequent changes to the designation shall be made by each State Party in accordance
with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a),
requests may also be transmitted through the International Criminal Police Organization or any
appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be
accompanied by a translation into an official language of the requested State or one of the working
languages of the Court, in accordance with the choice made by that State upon ratification,
acceptance, approval or accession.
Subsequent changes to this choice shall be made in accordance with the Rules of
Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents
supporting the request, except to the extent that the disclosure is necessary for execution of the
request.
4. In relation to any request for assistance presented under this Part, the Court may take such
measures, including measures related to the protection of information, as may be necessary to
ensure the safety or physical or psychological well-being of any victims, potential witnesses and
their families. The Court may request that any information that is made available under this Part
shall be provided and handled in a manner that protects the safety and physical or psychological
well-being of any victims, potential witnesses and their families.
5. (a) The Court may invite any State not party to this Statute to provide assistance under
this Part on the basis of an ad hoc arrangement, an agreement with such State or any other
appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc
arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such
arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the
Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or
documents. The Court may also ask for other forms of cooperation and assistance which may be
agreed upon with such an organization and which are in accordance with its competence or
mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to
the provisions of this Statute, thereby preventing the Court from exercising its functions and
powers under this Statute, the Court may make a finding to that effect and refer the matter to the
Assembly of States Parties or, where the Security Council referred the matter to the Court, to the
Security Council.

Article 88
Availability of procedures under national law
States Parties shall ensure that there are procedures available under their national law for
all of the forms of cooperation which are specified under this Part.

Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the
material supporting the request outlined in article 91, to any State on the territory of which that
person may be found and shall request the cooperation of that State in the arrest and surrender of
such a person. States Parties shall, in accordance with the provisions of this Part and the procedure
under their national law, comply with requests for arrest and surrender.
2. Where the person sought for surrender brings a challenge before a national court on the
basis of the principle of ne bis in idem as provided in article 20, the requested State shall
immediately consult with the Court to determine if there has been a relevant ruling on
admissibility. If the case is admissible, the requested State shall proceed with the execution of the
request. If an admissibility ruling is pending, the requested State may postpone the execution of
the request for surrender of the person until the Court makes a determination on admissibility.
3. (a) A State Party shall authorize, in accordance with its national procedural law,
transportation through its territory of a person being surrendered to the Court by another State,
except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with
article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization;
and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of
transit;
(d) No authorization is required if the person is transported by air and no landing is
scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may
require a request for transit from the Court as provided for in subparagraph (b). The transit State
shall detain the person being transported until the request for transit is received and the transit is
effected, provided that detention for purposes of this subparagraph may not be extended beyond
96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested
State for a crime different from that for which surrender to the Court is sought, the requested State,
after making its decision to grant the request, shall consult with the Court.

Article 90
Competing requests
1. A State Party which receives a request from the Court for the surrender of a person under
article 89 shall, if it also receives a request from any other State for the extradition of the same
person for the same conduct which forms the basis of the crime for which the Court seeks the
person’s surrender, notify the Court and the requesting State of that fact.
2. Where the requesting State is a State Party, the requested State shall give priority to the
request from the Court if:
(a) The Court has, pursuant to article 18 or 19, made a determination that the case in
respect of which surrender is sought is admissible and that determination takes into account the
investigation or prosecution conducted by the requesting State in respect of its request for
extradition; or
(b) The Court makes the determination described in subparagraph (a) pursuant to the
requested State’s notification under paragraph 1.
3. Where a determination under paragraph 2 (a) has not been made, the requested State may,
at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal
with the request for extradition from the requesting State but shall not extradite the person until the
Court has determined that the case is inadmissible. The Court’s determination shall be made on an
expedited basis.
4. If the requesting State is a State not Party to this Statute the requested State, if it is not
under an international obligation to extradite the person to the requesting State, shall give priority
to the request for surrender from the Court, if the Court has determined that the case is admissible.
5. Where a case under paragraph 4 has not been determined to be admissible by the Curt, the
requested State may, at its discretion, proceed to deal with the request for extradition from the
requesting State.
6. In cases where paragraph 4 applies except that the requested State is under an existing
international obligation to extradite the person to the requesting State not Party to this Statute, the
requested State shall determine whether to surrender the person to the Court or extradite the
person to the requesting State. In making its decision, the requested State shall consider all the
relevant factors, including but not limited to:
(a) The respective dates of the requests;
(b) The interests of the requesting State including, where relevant, whether the crime
was committed in its territory and the nationality of the victims and of the person sought; and
(c) The possibility of subsequent surrender between the Court and the requesting
State.
7. Where a State Party which receives a request from the Court for the surrender of a person
also receives a request from any State for the extradition of the same person for conduct other than
that which constitutes the crime for which the Court seeks the person’s surrender:
(a) The requested State shall, if it is not under an existing international obligation to
extradite the person to the requesting State, give priority to the request from the Court;
(b) The requested State shall, if it is under an existing international obligation to
extradite the person to the requesting State, determine whether to surrender the person to the Court
or to extradite the person to the requesting State. In making its decision, the requested State shall
consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall
give special consideration to the relative nature and gravity of the conduct in question.
8. Where pursuant to a notification under this article, the Court has determined a case to be
inadmissible, and subsequently extradition to the requesting State is refused, the requested State
shall notify the Court of this decision.

Article 91
Contents of request for arrest and surrender
1. A request for arrest and surrender shall be made in writing. In urgent cases, a request may
be made by any medium capable of delivering a written record, provided that the request shall be
confirmed through the channel provided for in article 87, paragraph 1 (a).
2. In the case of a request for the arrest and surrender of a person for whom a warrant of
arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be
supported by:
(a) Information describing the person sought, sufficient to identify the person, and
information as to that person’s probable location;
(b) A copy of the warrant of arrest; and
(c) Such documents, statements or information as may be necessary to meet the
requirements for the surrender process in the requested State, except that those requirements
should not be more burdensome than those applicable to requests for extradition pursuant to
treaties or arrangements between the requested State and other States and should, if possible, be
less burdensome, taking into account the distinct nature of the Court.
3. In the case of a request for the arrest and surrender of a person already convicted, the
request shall contain or be supported by:
(a) A copy of any warrant of arrest for that person;
(b) A copy of the judgement of conviction;
(c) Information to demonstrate that the person sought is the one referred to in the
judgement of conviction; and
(d) If the person sought has been sentenced, a copy of the sentence imposed and, in
the case of a sentence for imprisonment, a statement of any time already served and the time
remaining to be served.
4. Upon the request of the Court, a State Party shall consult with the Court, either generally
or with respect to a specific matter, regarding any requirements under its national law that may
apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the
specific requirements of its national law.

Article 92
Provisional arrest
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending
presentation of the request for surrender and the documents supporting the request as specified in
article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a
written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and
information as to that person’s probable location;
(b) A concise statement of the crimes for which the person’s arrest is sought and of the
facts which are alleged to constitute those crimes, including, where possible, the date and location
of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction
against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
3. A person who is provisionally arrested may be released from custody if the requested State
has not received the request for surrender and the documents supporting the request as specified in
article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the
person may consent to surrender before the expiration of this period if permitted by the law of the
requested State. In such a case, the requested State shall proceed to surrender the person to the
Court as soon as possible.
4. The fact that the person sought has been released from custody pursuant to paragraph 3
shall not prejudice the subsequent arrest and surrender of that person if the request for surrender
and the documents supporting the request are delivered at a later date.