Section 1
Short title
This Act is the Registration of Criminals Act 1949.
/akn/sg/act/act/1949/RCA
Registration of Criminals Act 1949
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Part 1
PRELIMINARY
Section 2
Interpretation
Amended [45/2002; 4/2003; 10/2015]
In this Act, unless the context otherwise requires —“authorised officer” means —
(a)
a police officer;
(b)
an officer of customs of the Singapore Customs in any case concerning an offence or alleged offence against any law or provision of law which is the function of the Singapore Customs to enforce;
(c)
an immigration officer;
(ca)
a forensic specialist acting in accordance with an authorisation under section 65B(1) of the Police Force Act 2004 to exercise a power under this Act;
(d)
an officer of any law enforcement agency in any case concerning an offence or alleged offence against any law or provision of law which it is the function of that agency to enforce; and(e)any other person who is duly appointed in writing by the Commissioner of Police as an authorised officer for the purposes of this Act or any provision of this Act;“crime” means any offence included for the time being in the First or Second Schedule;“DNA” means deoxyribonucleic acid;“DNA database” means the database maintained under section 13F;“DNA information” means genetic information derived from the forensic DNA analysis of a body sample;“finger impression” includes palmar impressions, hand prints, finger prints, foot prints or toe prints;“forensic procedure”, in relation to an individual, includes doing one or all of the following in relation to the individual:
(a)
taking an impression or cast of a wound from the external parts of the individual’s body other than the parts referred to in section 13A(3);
(b)
the taking of physical measurements (whether or not involving marking) for biomechanical analysis of an external part of the body other than the parts referred to in section 13A(3);
(c)
removing any article that the individual is wearing, and searching any article so removed;
(d)
removing a relevant thing attached physically to those external parts of the individual’s body or taking a sample of that relevant thing;
(e)
photographing any relevant thing in the position it is found on the external parts of the individual’s body, or in the individual’s mouth;“forensic specialist” means an individual who is appointed under section 65A of the Police Force Act 2004 as a forensic specialist;“law enforcement agency” means any body or organisation which is prescribed by the Minister to be a law enforcement agency for the purposes of this Act;“other particulars”, in relation to a person, means any particulars, information or description of that person, other than his or her registrable particulars, that may be relevant or useful in the identification of that person;“photograph”, in relation to a person, includes the photograph of any distinguishing feature or mark on the body of that person;“principal registration area” means Singapore and Malaysia;“register” means the register of criminals maintained in accordance with section 4;“registrable particulars” means the particulars of any conviction, sentence, banishment, expulsion or deportation, and any name, description, photograph, or finger impression of, or document relating to, any person so convicted, sentenced, banished, expelled or deported, as the case may be, and includes particulars of any outstanding offence, whether that offence be a crime or not, taken into consideration in determining and passing sentence on any conviction for a crime;“Registrar” means the Registrar of Criminals appointed under section 3, and includes an Assistant Registrar of Criminals.
Definition
“authorised officer” means —
(a)
a police officer;
(b)
an officer of customs of the Singapore Customs in any case concerning an offence or alleged offence against any law or provision of law which is the function of the Singapore Customs to enforce;
(c)
an immigration officer;
(ca)
a forensic specialist acting in accordance with an authorisation under section 65B(1) of the Police Force Act 2004 to exercise a power under this Act;
(d)
an officer of any law enforcement agency in any case concerning an offence or alleged offence against any law or provision of law which it is the function of that agency to enforce; and(e)any other person who is duly appointed in writing by the Commissioner of Police as an authorised officer for the purposes of this Act or any provision of this Act;
Definition
“crime” means any offence included for the time being in the First or Second Schedule;
Definition
“DNA information” means genetic information derived from the forensic DNA analysis of a body sample;
Definition
“finger impression” includes palmar impressions, hand prints, finger prints, foot prints or toe prints;
Definition
“forensic procedure”, in relation to an individual, includes doing one or all of the following in relation to the individual:
(a)
taking an impression or cast of a wound from the external parts of the individual’s body other than the parts referred to in section 13A(3);
(b)
the taking of physical measurements (whether or not involving marking) for biomechanical analysis of an external part of the body other than the parts referred to in section 13A(3);
(c)
removing any article that the individual is wearing, and searching any article so removed;
(d)
removing a relevant thing attached physically to those external parts of the individual’s body or taking a sample of that relevant thing;
(e)
photographing any relevant thing in the position it is found on the external parts of the individual’s body, or in the individual’s mouth;
Definition
“forensic specialist” means an individual who is appointed under section 65A of the Police Force Act 2004 as a forensic specialist;
Definition
“law enforcement agency” means any body or organisation which is prescribed by the Minister to be a law enforcement agency for the purposes of this Act;
Definition
“other particulars”, in relation to a person, means any particulars, information or description of that person, other than his or her registrable particulars, that may be relevant or useful in the identification of that person;
Definition
“photograph”, in relation to a person, includes the photograph of any distinguishing feature or mark on the body of that person;
Definition
“register” means the register of criminals maintained in accordance with section 4;
Definition
“registrable particulars” means the particulars of any conviction, sentence, banishment, expulsion or deportation, and any name, description, photograph, or finger impression of, or document relating to, any person so convicted, sentenced, banished, expelled or deported, as the case may be, and includes particulars of any outstanding offence, whether that offence be a crime or not, taken into consideration in determining and passing sentence on any conviction for a crime;
Definition
“Registrar” means the Registrar of Criminals appointed under section 3, and includes an Assistant Registrar of Criminals.
Amended [45/2002; 4/2003; 10/2015]
Section 3
Appointment of Registrar of Criminals and Assistant Registrars
(1)
The President may appoint a Registrar of Criminals and such Assistant Registrars as he or she may consider necessary for the purposes of this Act.
(2)
The President may, with the concurrence of the government of Malaysia, appoint an officer in the service of that government to be a Registrar of Criminals or an Assistant Registrar for the purposes of this Act.
Part 2
REGISTRATION OF CRIMINALS
Section 4
Register of criminals
(1)
The Registrar must keep a register of —
(a)
persons convicted of any crime within Singapore;
(b)
persons convicted of any offence committed within, and registrable under the law of, Malaysia;
(c)
persons ordered to be banished, expelled or deported from Singapore or Malaysia;
(d)
persons convicted of any offence in, or banished, deported or expelled from, any place outside the principal registration area, whose registration may be approved under section 5,and must record in the register registrable particulars as hereinafter provided.
(2)
The register must be kept at the place or places within or without Singapore and in the manner that the Minister may direct.
Section 5
Registration of persons convicted in or banished from places outside principal registration area
(1)
The Minister may approve the registration under this Act of any person convicted of any offence in, or banished, deported or expelled from, any place outside the principal registration area in respect of whom any registrable particulars are furnished to the Registrar by the officer in charge of any criminal records, register of criminals or person in that place.
(2)
Any approval given under this section may be either general, in respect of any place or of any class of case, or special in respect of a particular case.
(3)
Every general approval given under this section must be signified by notification in the Gazette.
Section 6
Particulars to be recorded in register
Subject to section 7, the Registrar must record in the register any registrable particulars which are forwarded to him or her —
(a)
under section 9, 11 or 12;
(b)
by any officer of Malaysia who is authorised by the law of that territory to forward those particulars for registration; or(c)by the officer in charge of any criminal records, register of criminals or prison in any place outside the principal registration area and which relate to a person whose registration has been approved under section 5.
Section 7
Discretionary power to dispense with registration
(1)
The Commissioner of Police may in his or her discretion direct, either generally or in particular cases, that any person who —
(a)
has been convicted of an offence included in the Second Schedule;
(b)
has upon such conviction been sentenced to a fine not exceeding $1,000 and not to imprisonment except in default of payment of the fine; and(c)has not previously been registered as a criminal,need not be registered as hereinbefore provided.
(2)
When any such direction has been given, the Registrar must retain the registrable particulars of that person for 6 months from the date of receipt thereof and must then destroy them.
(3)
However, the Commissioner of Police may, at any time before the expiration of the period of 6 months mentioned in subsection (2), revoke the direction, and thereupon the Registrar must enter that person in the register, together with the registrable particulars relating to him or her, in accordance with sections 4 and 6.
Part 2A
SPENT CRIMINAL RECORDS
Section 7A
Interpretation and application of this Part
Amended [20/2005]Amended [20/2005]Amended [20/2005]
Definition
“criminal record”, in relation to a person, means the record which is kept in the register before, on or after 17 October 2005 of his or her conviction for —
(a)
any crime within Singapore; or(b)any offence outside Singapore registrable under this Act,and the registrable particulars related thereto;
Definition
“term of imprisonment” does not include a term of imprisonment imposed by a court in default of payment of a fine or penalty.
Amended [20/2005]
(2)
For the purposes of this Part, a person who is subject to a home detention order under section 52 of the Prisons Act 1933 is deemed to be in legal custody.
Amended [20/2005]
Section 7B
Criminal record of Singapore crime may become spent
Amended [20/2005]Amended [20/2005]Amended [20/2005]Amended [20/2005; 12/2018]
(1)
Subject to section 7C, all records in the register of any person convicted within Singapore of any crime shall be capable of becoming spent in accordance with this Part, whether the conviction is before, on or after 17 October 2005.
Amended [20/2005]
(2)
The record in the register of a person’s conviction within Singapore for a crime becomes spent on the expiration of the crime‑free period applicable to the person, unless he or she is disqualified under section 7C.
Amended [20/2005]
(3)
A record of a person’s conviction that is spent in accordance with this section is not revived by the subsequent conviction of the person for any offence after the crime‑free period.
Amended [20/2005]
Definition
“crime-free period” means a period of not less than 5 consecutive years starting from the relevant date applicable to a person, during which the person —
(a)
has not been convicted of a crime;
(b)
has not been unlawfully at large in relation to any crime;
(c)
has not been detained or subject to police supervision under section 30(1) of the Criminal Law (Temporary Provisions) Act 1955; and(d)has not been subject to a supervision order or admitted to an approved institution under the Misuse of Drugs Act 1973 or admitted to an approved centre under the Intoxicating Substances Act 1987;
Definition
“relevant date”, in relation to a person, means —
(a)
where the sentence of the person does not include a term of imprisonment and is no longer subject to appeal, the date on which the sentence was passed;
(b)
where the sentence of the person includes a term of imprisonment and is no longer subject to appeal, the date of his or her release from legal custody; or(c)where a sentence of imprisonment has been wholly remitted or commuted to or substituted with a sentence other than a term of imprisonment, the date of that remission, commutation or substituted sentence, as the case may be.
Amended [20/2005; 12/2018]
Section 7C
Person disqualified from having criminal record become spent
Amended [20/2005; 12/2018]
A person is disqualified from having the record in the register of his or her conviction becoming spent under section 7B if —
(a)
that conviction was for any offence specified in the Third Schedule;
(b)
the sentence imposed on him or her for that conviction included —
(i)
a term of imprisonment exceeding 3 months; or(ii)a fine exceeding $2,000;
(c)
that conviction was for a crime committed within 5 years after he or she had been released from —
(i)
an approved institution under the Misuse of Drugs Act 1973; or(ii)an approved centre under the Intoxicating Substances Act 1987;
(d)
he or she has been detained or subject to police supervision under section 30(1) of the Criminal Law (Temporary Provisions) Act 1955 at any time before that conviction;
(e)
for the time being, he or she has a warrant of arrest for any offence issued against him or her which remains unexecuted;
(f)
he or she has records in the register of more than one conviction, whether or not those convictions arise from the same particular occasion; or(g)he or she has had any previous record in the register of any of his or her convictions become spent under section 7B or treated as spent under section 7D.
Section 7D
Application by disqualified person to have criminal record treated as spent
Amended [20/2005]Amended [20/2005]Amended [20/2005]Amended [20/2005]Amended [20/2005]Amended [20/2005]
(1)
A person who is disqualified under section 7C from having the record in the register of his or her conviction within Singapore for any crime becoming spent may, at any time, apply to the Commissioner of Police to have the record treated as spent.
Amended [20/2005]
(2)
An application by any person under subsection (1) must be in such form and be accompanied by such documents, particulars and information as the Commissioner of Police may require.
Amended [20/2005]
(3)
Upon receiving an application under subsection (1), the Commissioner of Police may —
(a)
refuse to grant the application; or(b)grant the application.
Amended [20/2005]
(4)
In determining whether to grant an application to treat the record in the register of the applicant’s conviction as spent, the Commissioner of Police must have regard to the circumstances of the case, including the following factors:
(a)
the severity of the conviction for which the record is to be spent;
(b)
the severity of the sentence imposed for that conviction;
(c)
the applicant’s conduct subsequent to the conviction.
Amended [20/2005]
(5)
Where any document, particular or information given under subsection (2) is false in a material particular, the Commissioner of Police may, after giving the person concerned a reasonable opportunity to be heard (orally or in writing), revoke his or her grant of the application to treat the record in the register of the person’s conviction as spent, and the Registrar must, without delay, expunge any entry made under section 7E(1)(b) in respect of that record.
Amended [20/2005]
(6)
Nothing in this section is to be construed to prevent the prosecution, conviction and punishment of any person according to the provisions of any other written law for the time being in force.
Amended [20/2005]
Section 7DA
Criminal record rendered spent when community sentence completed
Amended [15/2010; 30/2019]Amended [30/2019]
(1)
Despite any provision in this Part, the record in the register of a person’s conviction within Singapore for a crime for which a community sentence (as defined in section 336 of the Criminal Procedure Code 2010) is passed by a court becomes spent on the date on which the community sentence is completed.
Amended [15/2010; 30/2019]
(2)
In addition, where a child or young person (as defined by section 2(1) of the Children and Young Persons Act 1993) is the subject of an order of a Youth Court mentioned in section 44(1)(e), (f), (g), (h), (i) or (j) of that Act because of a crime, then despite any provision in this Part, the criminal record in the register relating to that crime becomes spent —
(a)
at the end of any period of supervision or detention specified in the order; (b)on the day after the community sentence specified in the order is completed; or(c)on the day after the fine, damages or costs ordered to be paid are paid.
Amended [30/2019]
Section 7E
Consequences of criminal record becoming or treated as spent
Amended [20/2005]Amended [20/2005]Amended [30/2019]
(1)
Subject to subsection (2), if the record of a person’s conviction in the register is spent or is treated as spent under this Part —
(a)
the person is deemed to have no record of that conviction, and it is lawful for him or her to answer a question asked of him or her on or after 17 October 2005 about his or her criminal record or to disclose information about his or her criminal record in the manner as if he or she had no record of that conviction;
(b)
the Registrar must, without delay, make an entry in the register to show that the record of that conviction is spent; and(c)any reference in any agreement or other document made on or after 17 October 2005 to the person’s criminal record is taken not to refer to the conviction the record of which is so spent, but to refer only to any of the person’s convictions the records of which are not so spent.
Amended [20/2005]
(2)
Subsection (1)(a) and (c) does not apply in relation to —
(a)
any investigation into an offence by a person authorised under any written law to carry out such investigation;
(b)
any prosecution against the person for any offence;
(c)
any proceedings before a court, including the giving of evidence, or any decision by a court, including any decision as to sentence; and(d)any application by a person for an appointment to or employment in any office, or for admission to any profession or vocation, from which the person may be disqualified under any written law by reason of his or her conviction.
Amended [20/2005]
(3)
Despite subsection (2), subsection (1)(a) and (c) applies in respect of the matters mentioned in subsection (2)(a), (b), (c) and (d) where the person in question is a child or young person as defined in section 2(1) of the Children and Young Persons Act 1993.
Amended [30/2019]
Section 7F
Reference to criminal record not to include record of offence not kept in register
Amended [20/2005]Amended [20/2005]
(1)
Where a person has been convicted of any offence the record of which is not kept in the register, it is lawful for the person —
(a)
to answer any question asked of him or her on or after 17 October 2005 about his or her criminal record of any conviction (whether or not kept in the register) in the manner as if the question relates only to his or her criminal record defined under section 7A(1); and(b)not to disclose any information about any record of a conviction which is not kept in the register.
Amended [20/2005]
(2)
Any reference in any agreement or other document made on or after 17 October 2005 to the criminal record of any conviction (whether or not kept in the register) of a person to which this section applies, is taken to refer only to his or her criminal record defined under section 7A(1), and not to any record of a conviction which is not kept in the register.
Amended [20/2005]
Part 3
TAKING OF FINGER IMPRESSIONS, PHOTOGRAPHS AND PARTICULARS
Section 8
Finger impressions, photographs and particulars of person under arrest
Amended [45/2002; 10/2015; 8/2016]
Any authorised officer may —
(a)
take or cause to be taken the finger impressions and photographs of any person who is accused of any crime and who —
(i)
is under arrest or in lawful custody; or(ii)is released on bail or personal bond, whether by a court or otherwise;
(aa)
carry out a forensic procedure on an individual if the authorised officer is also a forensic specialist;
(b)
make or cause to be made a record of the registrable particulars and any other particulars of such person; and(c)send any finger impression, photograph or record so taken or made to the Registrar for identification and report.
Section 9
Finger impressions, photographs and particulars of convicted person
Amended [45/2002]
When a person has been convicted of a crime, the authorised officer in charge of the case must —
(a)
take or cause to be taken the finger impressions and photographs of the person so convicted;
(b)
make or cause to be made a record of —
(i)
the particulars of the conviction and the sentence or order made in respect of that person; and(ii)any other particulars of that person as the authorised officer thinks necessary; and(c)send a copy of the finger impression, photograph and record so taken or made to the Registrar.
Section 10
Acquittal or discharge of person from whom finger impressions, etc., taken under section 8
Amended [45/2002]
Where the finger impressions, photographs and registrable particulars of a person have been sent to the Registrar under section 8(c) for identification and report and that person is subsequently acquitted or discharged without a conviction being recorded against him or her —
(a)
the authorised officer in charge of the case must immediately inform the Registrar of the acquittal or discharge; and(b)the Registrar must cause the finger impressions, photographs and registrable particulars that he or she had received in respect of that person under section 8(c) to be destroyed.
Section 11
Finger impressions of prisoners and banishees
(1)
The officer in charge of any prison must cause the finger impressions and photograph of every prisoner convicted of a crime or ordered to be banished, expelled or deported to be taken as soon as possible, and must attach a description of the prisoner, including his or her sex, age or apparent age, bodily appearance, height and any distinctive marks appearing on the person, together with the name or names by which the prisoner is or is believed to have been known, and any other available information as to the personal identity of the prisoner, and also particulars of the crime of which the prisoner has been convicted or of the order of banishment, expulsion or deportation made against him or her.
(2)
The officer must forthwith record in his or her own office one copy of the photograph, finger impressions and description, and must forward to the Registrar —
(a)
in the case of a prisoner convicted of a crime, one copy of those finger impressions and description and, if required by the Registrar, one copy of the photograph;
(b)
in the case of a prisoner ordered to be banished, expelled or deported, 3 copies, or such greater number of copies as the Registrar may require, of the photograph, finger impressions and description.
(3)
Every copy of a photograph, finger impressions or description recorded or forwarded under subsection (2) must be authenticated with the signature of the officer recording or forwarding the same.
(4)
This section does not apply in the case of any prisoner in respect of whom the Commissioner of Police may have given any general or particular direction under section 7.
Section 12
Particulars of removal of banishee
(1)
When a person is removed from Singapore or from any part of Singapore in execution of an order of banishment, expulsion or deportation, the police officer responsible for the execution of the order must —
(a)
take or cause to be taken on the warrant of execution (if any) or on the order of banishment, expulsion or deportation, if no warrant of execution thereof has been issued, a thumb impression of the person being removed;
(b)
endorse on the warrant of execution (if any) or on the order of banishment, expulsion or deportation if no warrant of execution thereof has been issued, particulars of the date, place and manner of removal;
(c)
authenticate the endorsement with his or her signature; and(d)return forthwith to the Minister the order of banishment, expulsion or deportation and the warrant of execution thereof (if any) duly endorsed and authenticated as aforesaid.
(2)
The Minister must cause every order and warrant which is returned to him or her under subsection (1)(d) to be forwarded as soon as possible to the Registrar.
Section 13
Duty to submit to taking of photographs and finger impressions
Amended [45/2002; 10/2015]Amended [45/2002; 10/2015]
(1)
It is the duty of every person under arrest who is accused of a crime and every person who is convicted of a crime or ordered to be banished, expelled or deported —
(a)
to submit to the taking of his or her photograph and his or her finger impressions and to any forensic procedure carried out by an authorised person who is also a forensic specialist; and(b)to provide such registrable particulars and other particulars as may be required under this Act.
Amended [45/2002; 10/2015]
(2)
Where a person to whom subsection (1) applies refuses, without reasonable excuse, to submit to the taking of his or her photograph or finger impressions, to any forensic procedure carried out by an authorised person who is also a forensic specialist, or to provide any registrable particulars or other particulars when lawfully required by an authorised officer or by an officer in charge of a prison —
(a)
that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both; and(b)the authorised officer or officer in charge of the prison may, with such assistance as is required, use such force as is reasonably necessary for the purposes of taking the photograph or finger impressions of that person or carrying out the forensic procedure, as the case may be.
Amended [45/2002; 10/2015]
Part 4
TAKING OF BODY SAMPLES
Section 13A
Interpretation of this Part
Amended [45/2002; 22/2007; 10/2015]Amended [45/2002; 10/2015]Amended [45/2002]Amended [45/2002]
Definition
“appropriate consent” means —
(a)
in relation to a person who has attained the age of 16 years, the consent in writing of that person;
(b)
in relation to a person who has not attained the age of 16 years but has attained the age of 14 years, the consent in writing of both that person and of his or her parent or guardian; and(c)in relation to a person who has not attained the age of 14 years, the consent in writing of his or her parent or guardian,given to the authorised officer in charge of the case after the person concerned or his or her parent or guardian (as the case may be) has been informed by the authorised officer of the purpose for which a body sample is required from that person and the manner by which such body sample is to be taken from him or her;
Definition
“authorised analyst” means —
(a)
a forensic specialist; or(b)a person appointed by the Commissioner of Police to be an analyst for the purposes of this Part;
Definition
“body sample” means —
(a)
a sample of blood;
(b)
a sample of head hair, including the roots thereof;
(c)
a swab taken from a person’s mouth; or(d)such other sample as may be prescribed under subsection (2);
Definition
“intimate sample” means any body sample that is obtained by means of any invasive procedure;
Definition
“registered medical practitioner” has the same meaning as in the Medical Registration Act 1997 and includes a dentist registered under the Dental Registration Act 1999;
Definition
“volunteer” means a person who voluntarily gives his or her consent under section 13D for the taking of a body sample from him or her.
Amended [45/2002; 22/2007; 10/2015]
(2)
Subject to subsections (3) and (4), the Minister may prescribe additional types of sample of or from a person’s body that may be taken under this Part.
Amended [45/2002; 10/2015]
(3)
The additional types of body samples that may be prescribed under subsection (2) must not include body samples to be obtained from —
(a)
the genital or anal area of a person’s body;
(b)
a person’s body orifice other than the mouth; or(c)the breasts of a woman.
Amended [45/2002]
(4)
Where the Minister prescribes an intimate sample under subsection (2) as an additional type of body sample which may be taken under this Part, section 13C (which requires consent for the taking of a sample of blood) applies in respect of the taking of the intimate sample in the same manner as it applies in respect of the taking of a sample of blood.
Amended [45/2002]
Section 13B
Body samples may be taken from arrested persons, convicted persons and prisoners
Amended [45/2002; 8/2016]Amended [45/2002]
(1)
Subject to the provisions of this Part, a body sample may be taken for forensic DNA analysis from any person who, on or after 13 February 2003 —
(a)
is accused of any crime and —
(i)
is under arrest or in lawful custody; or(ii)is released on bail or personal bond, whether by a court or otherwise;
(b)
is convicted of a crime; or(c)is serving his or her term of imprisonment in connection with a crime of which he or she has been convicted.
Amended [45/2002; 8/2016]
(2)
A body sample may be taken from a person under subsection (1) in addition to any photograph or finger impression taken under Part 3.
Amended [45/2002]
Section 13C
Consent for taking of blood sample
Amended [45/2002]Amended [45/2002]Amended [45/2002]
(1)
A sample of blood must not be taken from a person who is arrested and accused of a crime unless the appropriate consent is given for the taking of the sample.
Amended [45/2002]
(2)
If the appropriate consent required under subsection (1) for the taking of a sample of blood from a person is refused without good cause or cannot be obtained despite all reasonable efforts, that person may be taken before a Magistrate and the Magistrate may, if satisfied that there is reasonable cause to believe that the sample may confirm or disprove whether that person was involved in committing the crime, order that the person provide the sample required.
Amended [45/2002]
(3)
Where it is shown that the appropriate consent required under subsection (1) for the taking of a sample of blood from a person was refused without good cause, the court, in determining —
(a)
whether to commit that person for trial in connection with the crime of which he or she is accused of committing;
(b)
whether there is a case to answer against that person; or(c)whether that person is guilty of the crime with which he or she has been charged,may draw such inference from the refusal as it thinks proper and, based on the inference, may treat the refusal as corroboration or amounting to corroboration of any relevant evidence against that person.
Amended [45/2002]
Section 13D
Body samples given voluntarily
Amended [45/2002]Amended [45/2002]Amended [45/2002]
(1)
Subject to subsections (2) and (3), any person who —
(a)
was present at the scene of a crime when it was committed; or(b)is being questioned in connection with the investigation of a crime,may voluntarily consent to a body sample being taken from him or her for forensic DNA analysis.
Amended [45/2002]
(2)
A body sample must not be taken from a volunteer under subsection (1) unless the appropriate consent is given for the taking of the sample.
Amended [45/2002]
(3)
Despite subsection (2), if the consent of the parent or guardian of a volunteer who is below the age of 16 years is refused without good cause or cannot be obtained despite all reasonable efforts but the volunteer is still willing to give the body sample, the body sample may be taken from the volunteer with the sanction of a Magistrate.
Amended [45/2002]
Section 13E
Taking and analysis body samples
Amended [45/2002]Amended [45/2002]Amended [45/2002]Amended [45/2002]Amended [45/2002]
(1)
For the purpose of this Part, a body sample may only be taken by —
(a)
a registered medical practitioner;
(b)
an authorised officer who has received training for the purpose; or(c)any other suitably qualified or trained person who is authorised by the Commissioner of Police for the purpose.
Amended [45/2002]
(2)
Before taking any body sample under this Part, the person authorised under subsection (1) to take the sample must satisfy himself or herself that the taking of the sample does not endanger the person from whom it is to be taken.
Amended [45/2002]
(3)
The fact that a body sample has been taken under this Part must be recorded by the person who took the sample in such form or manner as may be required by the Commissioner of Police.
Amended [45/2002]
(4)
Every body sample taken under this Part must be sent to an authorised analyst for forensic DNA analysis.
Amended [45/2002]
(5)
Where a person from whom a body sample is lawfully required under this Part refuses, without reasonable excuse, to give the sample or to allow the sample to be taken from him or her, or otherwise hinders or obstructs the taking of the sample from him or her —
(a)
that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both; and(b)the person authorised under subsection (1) to take the sample may, with such assistance as is required, use such force as is reasonably necessary for the purposes of taking the sample.
Amended [45/2002]
Section 13F
DNA database
Amended [45/2002]Amended [45/2002; 2/2006]
(1)
The Registrar must maintain (whether in computerised form or otherwise) a DNA database in which must be stored all DNA information derived from a body sample taken from a person under this Part.
Amended [45/2002]
(2)
Any information stored in the DNA database may be used for any of the following purposes:
(a)
for forensic comparison with any other DNA information in the course of an investigation of an offence conducted by a police officer;
(aa)
for comparison with DNA information in the DNA database established under —
(i)
section 27C of the Criminal Law (Temporary Provisions) Act 1955;
(ii)
section 26D of the Intoxicating Substances Act 1987; or(iii)section 40D of the Misuse of Drugs Act 1973;
(b)
for any proceedings for any offence;
(c)
for administering the DNA database for the purposes of this Part;
(d)
for such other purposes as may be prescribed.
Amended [45/2002; 2/2006]
Section 13G
Removal of DNA information from register upon acquittal or discharge, etc.
Amended [45/2002]
Where any body sample has been taken under section 13B(1)(a) from a person who is under arrest and accused of a crime, or under section 13D from a volunteer, and —
(a)
investigations reveal that he or she was not involved in the commission of any crime or, in the case of a volunteer, he or she is not suspected of committing any crime;
(b)
it is decided that he or she will not be charged with any crime and he or she has neither admitted to, nor been dealt with by way of being cautioned by any police officer in respect of any crime;
(c)
the charge or all the charges against him or her in respect of any crime or crimes (as the case may be) is or are withdrawn;
(d)
he or she is discharged by a court before conviction of the crime or of all the crimes (as the case may be) with which he or she has been charged;
(e)
he or she is acquitted of the crime or of all the crimes (as the case may be) with which he or she has been charged, at trial or on appeal; or(f)he or she is subsequently convicted of the crime but the Commissioner of Police directs under section 7 that he or she need not be registered under Part 2,the authorised officer in charge of the case must immediately inform the Registrar of the occurrence of the relevant event and the Registrar must immediately remove the DNA information of that person from the DNA database.
Part 5
MISCELLANEOUS
Section 13H
Removal of registrable particulars, etc., of person upon death or attainment of 100 years of age
Amended [45/2002]
The Registrar must remove from the register and from the DNA database the registrable particulars and DNA information of any person —
(a)
whose death has been registered under the Registration of Births and Deaths Act 1937; or(b)who, the Registrar is satisfied, has attained 100 years of age.
Section 13I
Providing register information to foreign law enforcement agency
Amended [8/2016]Amended [8/2016]Amended [8/2016]Amended [8/2016]Amended [8/2016]Amended [8/2016]
(1)
A Singapore designated authority may, pursuant to a crime prevention exchange of information arrangement or upon receiving a request from a foreign law enforcement agency of a non‑participating foreign country, transmit register information about an individual to a foreign law enforcement agency if the Singapore designated authority is satisfied that —
(a)
the register information is requested for one or more of the following purposes only:
(i)
comparing information transmitted and identifying matches for the investigation of a matter relating to the foreign country of the foreign law enforcement agency, or proceedings in respect of that matter;
(ii)
assisting the foreign country of the foreign law enforcement agency to decide whether to make a request under the Mutual Assistance in Criminal Matters Act 2000 or a requisition under the Extradition Act 1968;
(iii)
a purpose prescribed;
(b)
the foreign law enforcement agency has given an appropriate undertaking in relation to the retention, use and destruction of the register information, including the matters in subsection (2);
(c)
it is, having regard to all of the following, appropriate in all the circumstances of the case to do so:
(i)
the likely effect of transmission on any criminal investigation or proceedings in a Singapore court;
(ii)
the likely effect of transmission on the safety of the individual to whom the register information to be disclosed relates, or of any other person in Singapore;
(iii)
the public interest of Singapore; and(d)the foreign law enforcement agency is able to comply with conditions prescribed for transmission of information under this section, and any other conditions as the Singapore designated authority may impose specially in relation to the transmission.
Amended [8/2016]
(2)
For the purposes of subsection (1)(b), the foreign law enforcement agency concerned must undertake —
(a)
that the register information the foreign law enforcement agency receives from a Singapore designated authority about an individual under this section —
(i)
will be kept and maintained using such methods and technologies as will ensure that persons not authorised to access the information cannot access the information; and(ii)will not be used for a purpose not specified in or prescribed for the purpose of subsection (1)(a); and(b)that the foreign law enforcement agency will comply with the conditions referred to in subsection (1)(d).
Amended [8/2016]
(3)
A Singapore designated authority may refuse to further transmit any register information about an individual to a foreign law enforcement agency if the Singapore designated authority is of the opinion that the foreign law enforcement agency has failed to comply with its undertaking given under subsection (1)(b) and does not take steps to rectify the non‑compliance.
Amended [8/2016]
(4)
This section applies despite any duty of confidence, or any written law relating to confidentiality or secrecy, to the contrary.
Amended [8/2016]
(5)
To avoid doubt, sections 4 and 5 do not apply to any information transmitted by a foreign law enforcement agency to a Singapore designated authority.
Amended [8/2016]
Definition
“crime prevention exchange of information arrangement” means an arrangement between a foreign country and the Government under which —
(a)
register information is to be transmitted from a Singapore designated authority to a foreign law enforcement agency in the foreign country; and(b)information similar to register information is to be transmitted from a foreign law enforcement agency of the foreign country to a Singapore designated authority,for the purpose of preventing and combating serious crime and identity fraud, and for the use and keeping of information transmitted under the arrangement;
Definition
“foreign country” means any country, or territory, other than Singapore;
Definition
“foreign law enforcement agency” —
(a)
in relation to a participating foreign country, means an official or an authority of the participating foreign country, designated by the participating foreign country to make a request to a Singapore designated authority for register information;
(b)
in relation to any other foreign country, means an official or an authority of the foreign country, exercising functions corresponding to —
(i)
the Singapore Police Force;
(ii)
the Central Narcotics Bureau;
(iii)
the Immigration & Checkpoints Authority; or(iv)any other similar authority prescribed,and whom the Singapore designated authority is satisfied is authorised to make a request to the Singapore designated authority for register information;
Definition
“foreign offence” means any offence against the law of a foreign country which, if the conduct constituting the offence had occurred in Singapore, would amount to an offence against the law of Singapore punishable with imprisonment for a term exceeding 12 months;
Definition
“investigation of a matter”, in relation to a foreign country, means —
(a)
an investigation of a foreign offence;
(b)
an investigation of a missing person in that foreign country;
(c)
an investigation for the purpose of identifying a deceased person in that foreign country; or(d)an investigation to prevent the commission of a foreign offence;
Definition
“law of a foreign country” includes a reference to the law in force in any part of that country;
Definition
“participating foreign country” means —
(a)
a member country of the International Criminal Police Organisation; or(b)a foreign country whose government has a crime prevention exchange of information arrangement with the Government;
Definition
“proceedings” means proceedings in a court of law or in which judicial power is exercised (whether of a civil or criminal nature), and includes proceedings (whether or not in a court) in which evidence may be taken on oath;
Definition
“register information” means the registrable particulars of an individual, and any other particulars about the individual recorded in the register or under section 9, whether recorded before, on or after 1 August 2016, but excludes registrable particulars and other particulars —
(a)
about an individual who is not convicted by a court in Singapore of a crime;
(b)
about an individual with respect to whom a direction by the Commissioner of Police is given under section 7; or(c)about an individual whose conviction in the register is spent or is treated as spent under Part 2A;
Definition
“Singapore designated authority” means an individual appointed under section 3 who is specially designated by the Minister to disclose information under this section.
Amended [8/2016]
Section 14
Evidence
Amended [45/2002]Amended [45/2002]Amended [45/2002]
(1)
Subject to subsection (2) —
(a)
any photograph, finger impression or registrable particulars recorded in the register;
(b)
any record from the DNA database;
(c)
any certificate or report purporting to have been compiled from particulars recorded in the register or DNA database under the provisions of this Act; and(d)any document purporting to be a report upon any matter or thing relating to finger impressions or DNA information duly submitted to the Registrar for report,is, if duly produced from proper custody and authenticated by the signature of the Registrar, admissible in evidence in any court, and is sufficient proof of the facts thereon stated or appearing unless the same is disproved.
Amended [45/2002]
(2)
Despite subsection (1), in any trial at which any of the matters referred to in subsection (1) is tendered in evidence, the court or the accused may require that the Registrar be called as a witness.
Amended [45/2002]
(3)
Where the accused requires the Registrar to be called as a witness, the accused must give notice to the Public Prosecutor not less than 3 clear days before the commencement of the trial.
Amended [45/2002]
Section 14A
Rules
Amended [45/2002]Amended [45/2002]
(1)
The Minister may make rules for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed.
Amended [45/2002]
(2)
All rules made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.
Amended [45/2002]
Section 15
Power to vary Schedules
Amended [7/97]
The Minister may by order delete any provision from, or add to or vary the provisions of, the Schedules.
Section 16
Saving
The Registrar has the custody of all records of criminals and particulars which would be registrable particulars under this Act held immediately before 29 June 1949 by any Registrar of Criminals in Singapore, and the records and particulars whether taken, received or registered in accordance with any written law for the time being in force or not, are deemed to have been duly taken or received and, when registered, are, for all purposes of this Act, deemed to be comprised in and form part of the register maintained under this Act.
Schedule 1
Registrable crimes
FIRST SCHEDULESections 2 and 15Registrable crimesPart 1Offences under the Penal Code 1871 Included Before 1 February 2008Chapters and Sections OffencesChapter 6, the whole...Against the State.Sections 131-136...Relating to the armed forces.Section 226...Unlawful return from banishment.Chapter 12, the whole...Relating to coins and stamps.Sections 302, 304-308...Affecting life.Sections 312-318...Relating to birth.Sections 363-373A...Kidnapping, slavery.Sections 376-377A...Rape, unnatural offences, outrages on decency.Sections 379-424...Theft, cheating, etc.Sections 429-433, 435-440...Mischief.Sections 447-462...Trespass, house-breaking, etc.Sections 465-477A...Forgery.Sections 489A-489D...Relating to currency notes and bank notes.Chapters 5 and 5A and section 511...Abetment of, conspiracy to commit and attempt to commit any of the above.Part 1AOffences under the Penal Code 1871 Included With Effect from 1 February 2008Chapters and Sections OffencesSection 130E...Genocide.Section 241A...Delivery to another of current coin as genuine, which when first possessed the deliverer did not know to be counterfeit.Section 254A...Delivery to another of current coin as genuine, which when first possessed the deliverer did not know to be altered.Section 363A...Abduction.Section 364A...Kidnapping or abducting in order to compel the Government, etc.Section 375...Rape (as re-enacted with effect from 1 February 2008 by the Penal Code (Amendment) Act 2007).Section 376...Sexual assault by penetration.Section 376A...Sexual penetration of minor under 16.Section 376B...Commercial sex with minor under 18.Section 376C...Commercial sex with minor under 18 outside Singapore.Section 376D...Tour outside Singapore for commercial sex with minor under 18.Section 376E...Sexual grooming of minor under 16.Section 376F...Procurement of sexual activity with person with mental disability.Section 376G...Incest (as re-enacted with effect from 1 February 2008 by the Penal Code (Amendment) Act 2007).Section 377...Sexual penetration of corpse.Section 377B(4)...Causing another person to sexually penetrate a living animal or be sexually penetrated by a living animal.Section 473A...Making or possessing equipment for making a false instrument.Section 473B...Making or possessing equipment for making a false instrument with intent to induce prejudice.Chapters 5 and 5A and section 511...Abetment of, conspiracy to commit and attempt to commit any of the above.Part 1BOffences under the Penal Code 1871 included with effect from 1 January 2020Chapters and SectionsOffencesSection 182False information, with intent to cause a public servant to use his lawful power to the injury of another personSection 204AObstructing, preventing, perverting or defeating course of justiceSection 268ACommunicating false information of harmful thingSection 268BPlacing or sending thing with intent to cause fear of harmSection 272 Adulteration of food or drink which is intended for saleSection 273Sale of noxious food or drinkSection 274Adulteration of drugsSection 275Sale of adulterated drugsSection 276Sale of any drug as a different drug or preparationSection 277Fouling the water of a public spring or reservoirSection 278Making atmosphere noxious to healthSection 284Rash or negligent conduct with respect to dangerous or harmful substanceSection 285Causing or contributing to risk of dangerous fireSection 287Rash or negligent conduct with respect to any machinery in possession or under charge of offenderSection 288Negligence in pulling down or repairing buildingsSection 289Negligence with respect to any animalSection 292APossession, distribution, etc., of child sex‑doll Section 304BCausing death of child below 14 years of age, domestic worker or vulnerable person by sustained abuseSection 304CCausing or allowing death of child below 14 years of age, domestic worker or vulnerable person in same householdSection 308ACausing death in furtherance of group’s objectSection 308BConcealment, desecration or disposal of corpse that impedes discovery, identification, criminal investigations or prosecutionsSection 323APunishment for voluntarily causing hurt which causes grievous hurtSection 334APunishment for voluntarily causing hurt on provocation which causes grievous hurtSection 335AAllowing neglect, physical or sexual abuse of domestic worker or vulnerable personSection 335BPunishment for act which endangers life or personal safety of others with knowledge or belief that it is likely to cause deathSection 376AAExploitative sexual penetration of minor of or above 16 but below 18 years of ageSection 376EAExploitative sexual grooming of minor of or above 16 but below 18 years of ageSection 376EBSexual communication with minor below 16 years of ageSection 376ECExploitative sexual communication with minor of or above 16 but below 18 years of ageSection 376EDSexual activity or image in presence of minor below 16 years of ageSection 376EEExploitative sexual activity or image in presence of minor of or above 16 but below 18 years of ageSection 376GIncest (as re‑enacted by the Criminal Law Reform Act 2019)Section 376HProcurement of sexual activity by deception or false representationSection 377BSexual penetration with living animalSection 377BBVoyeurismSection 377BCDistribution of voyeuristic image or recordingSection 377BDPossession of or gaining access to voyeuristic or intimate image or recordingSection 377BEDistributing or threatening to distribute intimate image or recordingSection 377BFSexual exposureSection 377BGUsing or involving child in production of child abuse materialSection 377BHProducing child abuse materialSection 377BIDistributing or selling child abuse materialSection 377BJAdvertising or seeking child abuse materialSection 377BKPossession of or gaining access to child abuse materialSection 377BLExploitation by abusive material of minor of or above 16 but below 18 years of ageSection 407Criminal breach of trust of property entrusted for purposes of transportation or storage (as re‑enacted by the Criminal Law Reform Act 2019)Section 408Criminal breach of trust by employees (as re‑enacted by the Criminal Law Reform Act 2019)Section 409Criminal breach of trust by public servant, or by banker, merchant, agent, director, officer, partner, key executive or fiduciary (as re‑enacted by the Criminal Law Reform Act 2019)Section 416AIllegally obtained personal informationSection 420AObtaining services dishonestly or fraudulentlySection 424AFraud by false representation, non‑disclosure or abuse of position not connected with contracts for goods or servicesSection 427Punishment for committing mischief causing disruption to key service, etc.Section 448Punishment for house‑breaking (as re‑enacted by the Criminal Law Reform Act 2019)Section 453Possession of house‑breaking implements or offensive weapons (as re‑enacted by the Criminal Law Reform Act 2019)Section 489AForging or counterfeiting currency or bank notes (as re‑enacted by the Criminal Law Reform Act 2019)Section 489EAbetting in Singapore counterfeiting of currency out of SingaporeSection 489FFraudulently or dishonestly diminishing weight or altering composition of any coinSection 489GAltering appearance of currency with intent that it shall pass as currency of different descriptionSection 489HDelivery to another of altered currencySection 489IPossession of altered currencyChapters 5 and 5A and section 512Abetment of, conspiracy to commit and attempt to commit any offence in this Part and in Parts 1 and 1A* Note: The short description of offences in this Part is for ease of reference only.Part 2Offences under Other Laws Arms Offences Act 1973...Sections 3 to 8. Banishment Act 1959...Section 14. Bankruptcy Act (Cap. 20, 2009 Revised Edition) (as in force before 30 July 2020)...The whole of Part X. Broadcasting and Television Act (Cap. 28, 1985 Revised Edition) (as in force before 1 October 1994)...Section 5. Casino Control Act 2006...Sections 105(3)(b), 171, 172, 173, 174, 175, 177 and 190.Chit Funds Act 1971...Sections 4, 18 and 20. Common Gaming Houses Act 1961...Sections 4, 5, 6, 8(3) and 8(4). Companies Act 1967...Sections 338, 401(2), 402, 404 and 406. Companies Act (Cap. 185, 1985 Reprint)...Section 158(9) (as in force immediately before 15 August 1986).Computer Misuse Act 1993…Sections 3, 4, 5, 6, 7, 8, 9 (previously section 8A (Cap. 50A, 2007 Revised Edition)), 10 (previously section 8B (Cap. 50A, 2007 Revised Edition)) and 12 (previously section 10 (Cap. 50A, 2007 Revised Edition)).Constitution of the Republic of Singapore....Third Schedule, section 10(1)(a). Corrosive and Explosive Substances and Offensive Weapons Act 1958...The whole. Criminal Law (Temporary Provisions) Act 1955...The whole. Criminal Procedure Code (Cap. 68, 1985 Revised Edition) (as in force before 2 January 2011) Section 14.Criminal Procedure Code 2010 Section 311.Customs Act 1960...The whole, except section 136(1). Employment Act 1968...Section 113. Explosive Substances Act 1924...The whole. Foreign Recruiting Act 1875...Section 5. Hire-Purchase Act 1969...Section 37. Hostage-Taking Act 2010...Section 3.Insolvency, Restructuring and Dissolution Act 2018...Sections 236, 405, 406, 407, 408, 409, 410, 411(1) and (2), 412, 413, 414, 415 and 416(1), (2) and (3).Insurance Act 1966...Section 142 (previously section 55 (Cap. 142, 2002 Revised Edition)). Internal Security Act 1960...The whole. Kidnapping Act 1961...Sections 3, 4 and 5. Land Titles Act (Cap. 157, 1985 Revised Edition) (as in force before 1 March 1994)...Sections 20(4) and 153(1). Mental Disorders and Treatment Act (Cap. 178, 1985 Revised Edition) (as in force before 1 March 2010)...Section 58. Merchant Shipping Act (Cap. 179, 1970 Revised Edition) (as in force before 2 February 1996)...Sections 30, 48, 55, 97, 118, 124, 141(3), 157, 167, 213, 232 and 259. Miscellaneous Offences (Public Order and Nuisance) Act 1906...Sections 19, 22, 26, 35(1) and (5). Misuse of Drugs Act 1973...Part 2, sections 31(2) and (2A) and 31A(2) and (2A), sections 8(b) and 31(2) punishable under section 33(4) or (4AA) or 33A(1), (1B) or (2), section 31A(2) punishable under section 33(4AB) or 33A(1A), (1B) or (2), sections 5(1) and 7 punishable under section 33(4A) or (4B), and section 11A punishable under section 33(4C). Moneylenders Act (Cap. 188, 1985 Revised Edition) (as in force before 1 March 2009)...Sections 8 and 32.Moneylenders Act 2008...Sections 19, 46 and 47 (previously sections 14, 27 and 28 (Cap. 188, 2010 Revised Edition)).National Registration Act 1965...The whole, except for sections 16(1)(b) and (h) and 33 (previously sections 13(1)(b) and (g) and 19 (Cap. 201, 1992 Revised Edition)). Newspaper and Printing Presses Act 1974...Sections 7, 11, 14, 20(1), 20(2) and 22. Official Secrets Act 1935...The whole. Organised Crime Act 2015...Sections 5(1), 6(1), (2) and (4), 7(1) and (2), 8(1) and (2), 9(1) and (2), 10(1) and (2), 11(3), 12(1) and (2), 26(3) and (5), 39(5), 44(1), 73(12) and 74(2).Preservation of the Peace Act (Cap. 240, 1985 Revised Edition) (as in force before 1 November 2000)...Section 3(2). Prevention of Corruption Act 1960...The whole. Prevention of Crimes Act (Cap. 242, 1985 Revised Edition) (as in force before 1 November 2000)...Section 4. Protected Areas and Protected Places Act (Cap. 256, 2013 Revised Edition) (as in force before 18 December 2018)...The whole. Public Order Act 2009...Sections 24(4), 25(3), 26(5) (previously section 26(3) (Cap. 257A, 2012 Revised Edition)), 27(3), 28(2), 31(2) and 32.Public Order (Preservation) Act (Cap. 258, 1985 Revised Edition) (as in force before 16 May 2018)...The whole. Public Order and Safety (Special Powers) Act 2018...The whole.Public Trustee Act 1915...Section 22(10). Railways Act 1905...Sections 86 and 87. Registration of Deeds Act (Cap. 269, 1985 Revised Edition) (as in force before 30 November 1988)...Sections 26 and 27. Road Traffic Act 1961...Sections 64(2) and (2A) and 65(2) and (3). Section 66(1) (as in force immediately before 1 November 2019).Secondhand Dealers Act (Cap. 288, 1985 Revised Edition) (as in force before 1 December 2007)...Section 10(3).Sedition Act 1948...Section 4. Societies Act 1966...Sections 14, 15, 23 and 29(4). Telecommunication Authority of Singapore Act (Cap. 323, 1985 Revised Edition) (as in force before 1 April 1992)...Sections 62, 70 to 74, 78, 79 and 83. Trade Disputes Act 1941...Sections 5, 6, 7, 8, 9 and 11. Undesirable Publications Act 1967...Sections 6 and 7. Vandalism Act 1966...Section 3. Women’s Charter 1961...Sections 36 to 41 and the whole of Part 11. Part 3Offences under other laws included with effect from 1 January 2020Casino Control Act 2006Sections 172A and 175A.Central Provident Fund Act 1953Sections 5(6), 7(3) and (5), 58(a) and (c), 58A, 59 and 70.Children and Young Persons Act 1993Sections 6(1), 8, 16 and 17 (previously sections 5(1), 7, 12 and 13 (Cap. 38, 2001 Revised Edition)).Companies Act 1967Section 340(5).Copyright Act (Cap. 63, 2006 Revised Edition) (as in force before 21 November 2021)Section 136.Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992Sections 45(3), 50, 51, 53 and 54 (previously sections 39(2), 43, 44, 46 and 47 (Cap. 65A, 2000 Revised Edition)).Early Childhood Development Centres Act 2017Section 39.Employment Act 1968Sections 34(2) and 107(b).Employment Agencies Act 1958Sections 6(1), (2) and (4), 16(1) and (2), 17(3), 29, 31(1) and (2) and 33(1), (2) and (4) (previously sections 6(1), (2) and (4), 15(1) and (2), 18(3), 22, 22B(1) and (2) and 23(1), (2) and (4) (Cap. 92, 2012 Revised Edition)).Employment of Foreign Manpower Act 1990Sections 22(3), 22A(1) and (2) and 22B.Foreign Employee Dormitories Act 2015Sections 7 and 26(1).Goods and Services Tax Act 1993Sections 62(1), 63, 65, 66 and 84(2D) and (2E).Immigration Act 1959Sections 9(5) and (6), 57B and 57C.Income Tax Act 1947Sections 37L(1) (previously section 37IE(1) (Cap. 134, 2014 Revised Edition)), 37M(3) and (4) (previously section 37J(3) and (4) (Cap. 134, 2014 Revised Edition)), 65C(1) and (8), 96(1), 96A(1), 97 and 98.Infrastructure Protection Act 2017Sections 20(2), 21(6), 27(5), 28(2), 29(4), 30(5), 60(3), 68(5), 70 and 71(2).Mental Capacity Act 2008Section 42.Moneylenders Act 2008Section 49 (previously section 28B (Cap. 188, 2010 Revised Edition)).Organised Crime Act 2015Section 13.Passports Act 2007Sections 36(1), (2), (3) and (4), 37, 38, 39, 40, 41(1), (2), (3) and (4), 42(1) and (2), 44 and 47.Prevention of Human Trafficking Act 2014Sections 3, 5 and 6.Property Tax Act 1960Sections 56 and 57.Remote Gambling Act 2014Sections 9, 10, 11, 12 and 13.Securities and Futures Act 2001Sections 140, 197, 198, 199, 200, 201, 201A, 201B, 202, 203, 207, 209, 218 and 219.Silver Support Scheme Act 2015 Sections 8, 9, 11, 14 and 15.Stamp Duties Act 1929Sections 62, 64, 65(3), 65(4) (previously section 65(3A) (Cap. 312, 2006 Revised Edition)) and 67.Terrorism (Suppression of Bombings) Act 2007Sections 3 and 4.Terrorism (Suppression of Financing) Act 2002Sections 3, 4, 5, 6, 8, 9, 10, 10B and 14.Terrorism (Suppression of Misuse of Radioactive Material) Act 2017Sections 4, 5, 6, 7, 8, 9 and 10.Trade Marks Act 1998Sections 47, 49 and 50.United Nations Act 2001Section 5.Women’s Charter 1961Sections 6A, 6B, 6C and 41.Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) (as in force before 1 September 2020)Section 35(2)(c) and section 35(2)(d) in relation to an offence under section 35(2)(c).Workforce Singapore Agency Act 2003Section 43(1).Workplace Safety and Health Act 2006Sections 15(3), 21(6) and (7), 25(5) and 53.Chapters 5 and 5A and section 512 of the Penal Code 1871 and above Acts (where applicable)Abetment of, conspiracy to commit and attempt to commit any of the offences in this Part and in Part 2.Above Acts (where applicable)Any of the offences in this Part and in Part 2 committed by an officer, manager or partner of a body corporate, unincorporated association or partnership (as the case may be) where the body corporate, unincorporated association or partnership has committed the same offence.Part 4Offences under other laws includedwith Effect from 19 September 2020Work Injury Compensation Act 2019 Section 62(1) and (3).Part 5Offences under other laws includedwith effect from 21 November 2021Copyright Act 2021Sections 444(1), 445(a), 446(1), 448, 449 and 450(1).[10/89; 15/95; 20/98; 4/2007; 21/2008; 31/2008; 15/2010; 9/2018; 26/2018; 40/2018; S 9/87; S 337/87; S 32/2008; S 548/2009; S 674/2010; S 667/2012; S 261/2016; S 424/2017; S 528/2019; S 751/2019; S 859/2019; S 803/2020; S 886/2021]
Schedule 2
Registrable crimes in respect of which registration may be dispensed with under section 7
SECOND SCHEDULESections 2, 7(1) and 15Registrable crimes in respect of which registration may be dispensed with under section 7Part 1Offences under the Penal Code 1871 Included Before 1 February 2008Chapters and Sections OffencesSections 143-150, 152-158...Unlawful assembly, rioting, etc.Section 151A...Posting placards, etc.Sections 161, 162, 164 and 165...Illegal gratification.Sections 167, 169 and 170...Relating to public servants.Sections 177, 181 and 189...False information, etc.Sections 193-201...False evidence.Sections 203-222...Screening offenders, etc.Sections 224, 225, 225A, 227 and 229...Escapes, etc.Sections 270, 281 and 295...Public safety, religion.Sections 324-333, 335-338...Causing hurt.Sections 343-348...Wrongful confinement.Sections 353-356...Criminal force.Sections 427-428...Mischief.Sections 493-496...Offences relating to marriage.Sections 504-507...Criminal intimidation.Chapters 5 and 5A and section 511...Abetment of, conspiracy to commit and attempt to commit any of the above.Part 1AOffences under the Penal Code 1871 Included With Effect from 1 February 2008Chapters and Sections OffencesSection 204A...Obstructing, preventing, perverting or defeating course of justice.Section 204B...Bribery of witnesses.Section 298A...Promoting enmity between different groups on grounds of religion or race and doing acts prejudicial to maintenance of harmony.Chapters 5 and 5A and section 511...Abetment of, conspiracy to commit and attempt to commit any of the above.Part 2Offences under Other Laws Arms and Explosives Act 1913...Sections 10, 13, 22, 26 and 27(2).Betting Act 1960...Sections 3 and 4. Dangerous Fireworks Act 1972...Section 6. Employment of Foreign Manpower Act 1990...Sections 5(6) and 22(1)(c), (d), (e) and (f). Section 20 in respect of any officer of a body corporate, or other person in such capacity, guilty of any of the above offences. Section 23 in respect of any person who abets the commission of any of the above offences.Immigration Act 1959...Sections 5, 6, 8(5), 9(5), 19, 26, 36 and 57. Trade Marks Act 1998...Sections 46 and 48.[46/98; S 374/2007; S 32/2008; S 860/2019]
Schedule 3
Offences for which criminal record cannot be spent
THIRD SCHEDULESections 7C(a) and 15Offences for which criminal record cannot be spentPart 1OFFENCES UNDER THE PENAL CODE 1871 INCLUDED BEFORE 1 february 2008Offences SectionRioting...Section 147 (Cap. 224, 1985 Revised Edition, Cap. 103, 1970 Revised Edition, Cap. 119, 1955 Revised Edition, Cap. 20, 1936 Revised Edition and Ordinance 4 of 1871).Rioting, armed with a deadly weapon...Section 148 (Cap. 224, 1985 Revised Edition, Cap. 103, 1970 Revised Edition, Cap. 119, 1955 Revised Edition, Cap. 20, 1936 Revised Edition and Ordinance 4 of 1871).Culpable homicide not amounting to murder...Section 304 (Cap. 224, 1985 Revised Edition, Cap. 103, 1970 Revised Edition, Cap. 119, 1955 Revised Edition, Cap. 20, 1936 Revised Edition and Ordinance 4 of 1871).Attempt to murder...Section 307 (Cap. 224, 1985 Revised Edition, Cap. 103, 1970 Revised Edition, Cap. 119, 1955 Revised Edition, Cap. 20, 1936 Revised Edition and Ordinance 4 of 1871).Voluntarily causing grievous hurt...Section 325 (Cap. 224, 1985 Revised Edition, Cap. 103, 1970 Revised Edition, Cap. 119, 1955 Revised Edition, Cap. 20, 1936 Revised Edition and Ordinance 4 of 1871).Voluntarily causing grievous hurt by dangerous weapons or means...Section 326 (Cap. 224, 1985 Revised Edition, Cap. 103, 1970 Revised Edition, Cap. 119, 1955 Revised Edition, Cap. 20, 1936 Revised Edition and Ordinance 4 of 1871).Outraging of modesty...Section 354 (Cap. 224, 1985 Revised Edition, Cap. 103, 1970 Revised Edition, Cap. 119, 1955 Revised Edition, Cap. 20, 1936 Revised Edition and Ordinance 4 of 1871).Outraging modesty in certain circumstances...Section 354A (Cap. 224, 1985 Revised Edition and Cap. 103, 1970 Revised Edition vide Act 23 of 1984).Kidnapping...Section 363 (Cap. 224, 1985 Revised Edition, Cap. 103, 1970 Revised Edition, Cap. 119, 1955 Revised Edition, Cap. 20, 1936 Revised Edition and Ordinance 4 of 1871).Kidnapping or abducting in order to murder...Section 364 (Cap. 224, 1985 Revised Edition, Cap. 103, 1970 Revised Edition, Cap. 119, 1955 Revised Edition, Cap. 20, 1936 Revised Edition and Ordinance 4 of 1871).Rape...Section 376 (Cap. 224, 1985 Revised Edition, Cap. 103, 1970 Revised Edition, Cap. 119, 1955 Revised Edition, Cap. 20, 1936 Revised Edition and Ordinance 4 of 1871) (repealed with effect from 1 February 2008 by the Penal Code (Amendment) Act 2007).Incest committed by men...Section 376B (Cap. 224, 1985 Revised Edition, Cap. 103, 1970 Revised Edition, Cap. 119, 1955 Revised Edition and Cap. 20, 1936 Revised Edition vide Ordinance 11 of 1939) (repealed with effect from 1 February 2008 by the Penal Code (Amendment) Act 2007).Incest committed by women...Section 376C (Cap. 224, 1985 Revised Edition, Cap. 103, 1970 Revised Edition, Cap. 119, 1955 Revised Edition and Cap. 20, 1936 Revised Edition vide Ordinance 11 of 1939) (repealed with effect from 1 February 2008 by the Penal Code (Amendment) Act 2007).Gang-robbery...Section 395 (Cap. 224, 1985 Revised Edition, Cap. 103, 1970 Revised Edition, Cap. 119, 1955 Revised Edition, Cap. 20, 1936 Revised Edition and Ordinance 4 of 1871).Belonging to gang-robbers...Section 400 (Cap. 224, 1985 Revised Edition, Cap. 103, 1970 Revised Edition, Cap. 119, 1955 Revised Edition, Cap. 20, 1936 Revised Edition and Ordinance 4 of 1871).Escaping or attempting to escape from any custody in which he is lawfully detained for an offence of which he has been charged or convicted...Section 224 (Cap. 224, 1985 Revised Edition, Cap. 103, 1970 Revised Edition, Cap. 119, 1955 Revised Edition, Cap. 20, 1936 Revised Edition and Ordinance 4 of 1871) in relation to such escape or attempt to escape.Part 1AOffences under the Penal Code 1871 Included With Effect from 1 February 2008Offences SectionGenocide...Section 130E (Cap. 224, 1985 Revised Edition).Abduction...Section 363A (Cap. 224, 1985 Revised Edition).Kidnapping or abducting in order to compel the Government, etc. ...Section 364A (Cap. 224, 1985 Revised Edition).Rape...Section 375 (Cap. 224, 1985 Revised Edition) (as re‑enacted with effect from 1 February 2008 by the Penal Code (Amendment) Act 2007).Sexual assault by penetration...Section 376 (Cap. 224, 1985 Revised Edition).Sexual penetration of minor under 16...Section 376A (Cap. 224, 1985 Revised Edition).Procurement of sexual activity with person with mental disability, where the sexual activity involves sexual penetration...Section 376F(3) (Cap. 224, 1985 Revised Edition).Incest ...Section 376G (Cap. 224, 1985 Revised Edition) (as re‑enacted with effect from 1 February 2008 by the Penal Code (Amendment) Act 2007).Causing another person to sexually penetrate a corpse...Section 377(4) (Cap. 224, 1985 Revised Edition).Causing another person to sexually penetrate a living animal or be sexually penetrated by a living animal...Section 377B(4) (Cap. 224, 1985 Revised Edition).Part 1BOffences under the penal code 1871 included with effect from 1 January 2020Offences SectionPunishment for murder (imprisonment for life) Section 302(2) (Cap. 224, 2008 Revised Edition)Causing death of child below 14 years of age, domestic worker or vulnerable person by sustained abuse Section 304BCausing or allowing death of child below 14 years of age, domestic worker or vulnerable person in same household Section 304CAttempt to commit culpable homicide Section 308Causing death in furtherance of group’s object Section 308APunishment for voluntarily causing hurt which causes grievous hurt Section 323AVoluntarily causing grievous hurt to extort property, or to constrain to an illegal act Section 329Voluntarily causing grievous hurt to extort confession or to compel restoration of property Section 331Voluntarily causing grievous hurt to deter public servant from his duty Section 333Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. Section 367Kidnapping or abducting child under 10 years of age with intent to steal movable property from the person of such child Section 369 (as in force before 1 January 2020)Exploitative sexual penetration of minor of or above 16 but below 18 years of age Section 376AACommercial sex with minor below 18 years of age Section 376BCommercial sex with minor below 18 years of age outside Singapore Section 376CTour outside Singapore for commercial sex with minor below 18 years of age Section 376DSexual grooming of minor below 16 years of age Section 376EExploitative sexual grooming of minor of or above 16 but below 18 years of age Section 376EAUsing or involving child in production of child abuse material Section 377BGProducing child abuse material Section 377BHDistributing or selling child abuse material Section 377BIExploitation by abusive material of minor of or above 16 but below 18 years of age Section 377BLPart 2Offences under Other Laws Misuse of Drugs Act 1973...Trafficking in controlled drugs — Section 5 (Cap. 185, 2001 Revised Edition, 1998 Revised Edition, 1997 Revised Edition and 1985 Revised Edition), Section 3 (Act 5 of 1973).Hostage-Taking Act 2010 ...Hostage-taking — Section 3.Internal Security Act 1960...Sections 58, 59 and 60.Organised Crime Act 2015 ...Sections 5, 6, 7 and 12.* Note:The short description of offences in this Schedule is for ease of reference only.[S 32/2008; S 674/2010; S 861/2019]