Part of a comprehensive analysis of the Administration of Justice (Protection) Act 2016
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Key Provisions and Purpose of Part 1 (Preliminary) of the Administration of Justice (Protection) Act 2016
Part 1 of the Administration of Justice (Protection) Act 2016 serves as the foundational framework for the entire Act. It establishes the short title, provides detailed definitions of critical terms, and clarifies the temporal scope of court proceedings. These provisions are essential to ensure clarity and uniformity in the interpretation and application of the Act’s subsequent parts.
The short title provision explicitly states the name of the legislation, which is crucial for legal citation and reference:
"This Act is the Administration of Justice (Protection) Act 2016." — Section 1
Verify Section 1 in source document →
This provision exists to formally identify the legislation, facilitating ease of reference and distinguishing it from other statutes.
Section 2 contains comprehensive definitions that delineate the scope of the Act, including what constitutes a "court," the nature of "court proceedings," and the roles of various judicial officers. The definitions clarify when a court proceeding is considered to be pending, when it commences, and when it is finally decided. This temporal framework is vital for determining the applicability of the Act’s protections and restrictions during the lifecycle of legal proceedings.
"In this Act, unless the context otherwise requires — 'court' means — (a) the Supreme Court; (b) any State Court; (c) any Family Court; or (d) any Youth Court; ... (2) In this Act — (a) a court proceeding is pending from the time that it commences to the time that it is finally decided, struck out or is discontinued or deemed to be discontinued; (b) a court proceeding commences — (i) in the case of any proceeding against a person in respect of any offence ...; (c) a court proceeding is finally decided — (i) in a case where there is a pending appeal, reference or revision — when the appeal, reference or revision is heard and finally decided ...; (d) a court proceeding that has been heard and finally decided will not be deemed to be pending merely by reason of the fact that proceedings for the execution or enforcement of the decree, order or sentence passed in the proceedings are pending; and (e) a proceeding against a person in respect of any offence is deemed to include any criminal motion, case stated, or any other application made in or for the purposes of or in connection with the proceeding." — Section 2
Verify Section 2 in source document →
This provision exists to provide legal certainty on the status of proceedings, which is critical for the enforcement of protections under the Act, such as restrictions on publication or interference with judicial processes.
Definitions in Part 1 (Preliminary)
The Act’s definitions section is comprehensive, covering various courts, judicial officers, and procedural terms. This ensures that the Act applies consistently across different judicial bodies and types of proceedings.
Key definitions include:
- "Court" — encompassing the Supreme Court, State Courts, Family Courts, and Youth Courts.
- "Employment Claims Tribunal" — a tribunal constituted under section 4 of the State Courts Act 1970.
- "Judge" — defined variably depending on the court or tribunal, including judicial officers and registrars as per respective Acts.
- "Publish" — broadly defined to include dissemination by oral, visual, written, electronic, or other means to the public or members thereof.
- "Small Claims Tribunal" and "State Court" — defined by reference to the State Courts Act 1970.
"In this Act, unless the context otherwise requires — 'court' means — (a) the Supreme Court; (b) any State Court; (c) any Family Court; or (d) any Youth Court; 'Employment Claims Tribunal' means an Employment Claims Tribunal constituted under section 4 of the State Courts Act 1970; 'judge' means — (a) in the case of the Supreme Court — a Judge and a Registrar as defined in the Supreme Court of Judicature Act 1969; (b) in the case of a State Court — a judicial officer as defined in the State Courts Act 1970 and a Coroner as defined in the Coroners Act 2010; (c) in the case of a Family Court or a Youth Court — a judicial officer as defined in the Family Justice Act 2014; (d) in the case of the Small Claims Tribunals — a tribunal magistrate or the Registrar as defined in section 2(1) of the Small Claims Tribunals Act 1984; or (e) in the case of an Employment Claims Tribunal — a tribunal magistrate as defined in the Employment Claims Act 2016; 'publish' means to disseminate, distribute, exhibit, provide or communicate by oral, visual, written, electronic or other means ... to the public at large or a member of the public, and includes cause to be published, and 'publication' is to be construed accordingly; 'Small Claims Tribunal' means a Small Claims Tribunal constituted under section 4 of the State Courts Act 1970; 'State Court' means a State Court constituted under section 4 of the State Courts Act 1970." — Section 2(1)
Verify Section 2 in source document →
"(2) In this Act — (a) a court proceeding is pending from the time that it commences to the time that it is finally decided, struck out or is discontinued or deemed to be discontinued; (b) a court proceeding commences — (i) in the case of any proceeding against a person in respect of any offence ...; (c) a court proceeding is finally decided — ...; (d) a court proceeding that has been heard and finally decided will not be deemed to be pending merely by reason of the fact that proceedings for the execution or enforcement of the decree, order or sentence passed in the proceedings are pending; and (e) a proceeding against a person in respect of any offence is deemed to include any criminal motion, case stated, or any other application made in or for the purposes of or in connection with the proceeding." — Section 2(2)
These definitions exist to ensure that the Act’s provisions are applied uniformly across different judicial contexts and to prevent ambiguity regarding the scope of protected proceedings and persons.
Penalties for Non-Compliance in Part 1 (Preliminary)
Part 1 of the Act does not specify any penalties for non-compliance. This is consistent with the nature of preliminary provisions, which primarily serve to define terms and set the scope rather than impose substantive obligations or sanctions.
The absence of penalties in this Part underscores its role as a foundational section, with enforcement mechanisms and penalties likely detailed in subsequent parts of the Act.
"No penalties are mentioned in Part 1 Preliminary."
Verify source in source document →
Cross-References to Other Legislation
Part 1 contains multiple cross-references to other key statutes governing the judiciary and court administration in Singapore. These references are critical for defining terms and ensuring consistency with existing legal frameworks.
Notable cross-references include:
- Supreme Court of Judicature Act 1969 — defines Judges and Registrars of the Supreme Court.
- State Courts Act 1970 — defines judicial officers and establishes State Courts, Employment Claims Tribunal, and Small Claims Tribunal.
- Coroners Act 2010 — defines Coroners as judicial officers.
- Family Justice Act 2014 — defines judicial officers of Family and Youth Courts.
- Small Claims Tribunals Act 1984 — defines tribunal magistrates and Registrars of Small Claims Tribunals.
- Employment Claims Act 2016 — defines tribunal magistrates of Employment Claims Tribunals.
- Criminal Procedure Code 2010 — referenced for the definition of when a court proceeding commences in cases involving questions of law of public interest.
"'judge' means — (a) in the case of the Supreme Court — a Judge and a Registrar as defined in the Supreme Court of Judicature Act 1969; (b) in the case of a State Court — a judicial officer as defined in the State Courts Act 1970 and a Coroner as defined in the Coroners Act 2010; (c) in the case of a Family Court or a Youth Court — a judicial officer as defined in the Family Justice Act 2014; (d) in the case of the Small Claims Tribunals — a tribunal magistrate or the Registrar as defined in section 2(1) of the Small Claims Tribunals Act 1984; or (e) in the case of an Employment Claims Tribunal — a tribunal magistrate as defined in the Employment Claims Act 2016;" — Section 2(1)(b)-(e)
"(iv) in the case of a reference of a question of law of public interest under section 397 of the Criminal Procedure Code 2010 — from the time an application for permission or a reference by the Public Prosecutor is made;" — Section 2(2)(b)(iv)
Verify Section 2 in source document →
These cross-references exist to anchor the Act within Singapore’s broader legal system, ensuring that terms and roles are consistently understood and that the Act complements existing legislation rather than conflicting with it.
Conclusion
Part 1 (Preliminary) of the Administration of Justice (Protection) Act 2016 is a critical section that lays the groundwork for the Act’s operation. By defining key terms, clarifying the temporal scope of court proceedings, and cross-referencing relevant legislation, it ensures that the Act is applied consistently and effectively across Singapore’s judicial system. The absence of penalties in this Part reflects its foundational nature, with enforcement provisions reserved for later sections. Understanding these preliminary provisions is essential for interpreting the Act’s protections and restrictions on the administration of justice.
Sections Covered in This Analysis
- Section 1 — Short Title
- Section 2(1) — Definitions of Court, Judge, Publish, and Tribunals
- Section 2(2) — Definitions of Court Proceedings (Pending, Commencement, Final Decision)
Source Documents
For the authoritative text, consult SSO.