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Disqualification from being released on home detention

Prisons Act 1933

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SECOND SCHEDULESections 53(1)(c) and 82Disqualification from being released on home detentionA prisoner is disqualified from being released for home detention if the prisoner —(1)has, in respect of the same sentence of imprisonment, previously been released for home detention under section 52 and the order for his or her release under that section has expired or has been revoked;(2)is serving a sentence of imprisonment for life;(3)has been convicted of a capital offence and whose death penalty has been commuted to a sentence of imprisonment for life;(4)is liable to be removed from Singapore on completion of his or her sentence of imprisonment;(5)is convicted of an offence under section 5 of the Misuse of Drugs Act 1973;(6)is convicted of an offence punishable under any of the following provisions of the Penal Code 1871: Offences included with effect from 17 April 2000 (a)section 147 (Rioting); (b)section 148 (Rioting, armed with a deadly weapon); (c)section 304 (Culpable homicide not amounting to murder); (d)section 307 (Attempt to murder); (e)section 325 (Voluntarily causing grievous hurt); (f)section 326 (Voluntarily causing grievous hurt by dangerous weapons or means); (g)section 354 (Outraging modesty); (h)section 354A (Outraging modesty in certain circumstances); (i)section 363 (Kidnapping); (j)section 364 (Kidnapping or abducting in order to murder); (k)section 376 (Rape); (l)section 376B (Incest committed by men) (as in force before 1 January 2020); (m)section 376C (Incest committed by women) (as in force before 1 January 2020); (n)section 377 (Unnatural offences) (as in force before 1 February 2008); (o)section 395 (Gang-robbery); (p)section 400 (Belonging to gang-robbers); Offences included with effect from 1 February 2008 (q)section 130E (Genocide); (r)section 363A (Abduction); (s)section 364A (Kidnapping or abducting in order to compel the Government, etc.) (as in force before 21 November 2010); (t)section 375 (Rape); (u)section 376 (Sexual assault by penetration); (v)section 376A (Sexual penetration of minor below 16 years of age); (w)section 376F (Procurement of sexual activity with person with mental disability); (x)section 376G (Incest); (y)section 377(4) (Causing another person to sexually penetrate a corpse); (z)section 377B(4) (Causing another person to sexually penetrate a living animal or be sexually penetrated by a living animal); Offences included with effect from 1 January 2020 (za)section 304B (Causing death of child below 14 years of age, domestic worker or vulnerable person by sustained abuse); (zb)section 304C (Causing or allowing death of child below 14 years of age, domestic worker or vulnerable person in same household); (zc)section 305 (Abetment of suicide or attempted suicide of minor or person who lacks mental capacity as re‑enacted by the Criminal Law Reform Act 2019); (zd)section 306 (Abetment of suicide or attempted suicide); (ze)section 308A (Causing death in furtherance of group’s object); (zf)section 329 (Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act); (zg)section 331 (Voluntarily causing grievous hurt to extort confession or to compel restoration of property); (zh)section 333 (Voluntarily causing grievous hurt to deter public servant from duty); (zi)section 335A (Allowing neglect, physical or sexual abuse of domestic worker or vulnerable person); (zj)section 363A (Punishment for abduction); (zk)section 365 (Kidnapping or abducting with intent secretly and wrongfully to confine a person); (zl)section 366 (Kidnapping or abducting a woman to compel her marriage, etc.); (zm)section 367 (Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.); (zn)section 376AA (Exploitative sexual penetration of minor of or above 16 but below 18 years of age); (zo)section 376B (Commercial sex with minor below 18 years of age); (zp)section 376C (Commercial sex with minor below 18 years of age outside Singapore); (zq)section 376D (Tour outside Singapore for commercial sex with minor below 18 years of age); (zr)section 376E (Sexual grooming of minor below 16 years of age); (zs)section 376EA (Exploitative sexual grooming of minor of or above 16 but below 18 years of age); (zt)section 376EB (Sexual communication with minor below 16 years of age); (zu)section 376EC (Exploitative sexual communication with minor of or above 16 but below 18 years of age); (zv)section 376ED (Sexual activity or image in presence of minor below 16 years of age); (zw)section 376EE (Exploitative sexual activity or image in presence of minor of or above 16 but below 18 years of age); (zx)section 376G (Incest as re‑enacted by the Criminal Law Reform Act 2019); (zy)section 376H(2)(a) (Procurement of sexual activity, involving penetration, by deception or false representation); (zz)section 377BB (Voyeurism); (zza)section 377BC (Distribution of voyeuristic image or recording); (zzb)section 377BD (Possession of or gaining access to voyeuristic or intimate image or recording); (zzc)section 377BE (Distributing or threatening to distribute intimate image or recording); (zzd)section 377BF(4) (Sexual exposure against minor below 14 years of age); (zze)section 377BG (Using or involving child in production of child abuse material); (zzf)section 377BH (Producing child abuse material); (zzg)section 377BI (Distributing or selling child abuse material); (zzh)section 377BJ (Advertising or seeking child abuse material); (zzi)section 377BK (Possession of or gaining access to child abuse material); (zzj)section 377BL (Exploitation by abusive material of minor of or above 16 but below 18 years of age);(7)is convicted of an offence under section 224 of the Penal Code 1871 for escaping or attempting to escape from any custody in which the prisoner is lawfully detained for an offence of which the prisoner has been charged or convicted;(8)is convicted of an offence under section 19, 47 or 49 of the Moneylenders Act 2008 (previously section 14, 28 or 28B of the Moneylenders Act (Cap. 188, 2010 Revised Edition));(9)is convicted of an offence under section 3 of the Hostage‑Taking Act 2010; or(10)is convicted on or after 1 January 2020 of an offence under section 6 or 8 of the Children and Young Persons Act 1993 or under section 8 of that Act (as re‑enacted by the Children and Young Persons (Amendment) Act 2019) (previously section 5 or 7, or section 7 as re‑enacted, of the Children and Young Persons Act (Cap. 38, 2001 Revised Edition)).[15/2010; 1/2014; S 34/2008; S 74/2010; S 672/2010; S 858/2019]

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