Statute Details
- Title: Children and Young Persons (Remand Home) Notification 2019
- Act Code: CYPA1993-S757-2019
- Type: Subsidiary legislation (Notification)
- Enacting Authority: Minister for Social and Family Development
- Authorising Provision: Section 53(1) of the Children and Young Persons Act (Cap. 38)
- Notification Number: S 757/2019
- Date Made: 14 November 2019
- Commencement: 15 November 2019
- Key Provisions: (i) Citation and commencement; (ii) Appointment of a remand home; (iii) Cancellation of an earlier notification
- Remand Home Appointed: Singapore Boys’ Home, 3 Bulim Drive, Singapore 648172
- Earlier Notification Cancelled: Notification relating to Remand Home (G.N. No. S 48/1999)
What Is This Legislation About?
The Children and Young Persons (Remand Home) Notification 2019 is a short but legally significant instrument. In plain terms, it is the formal legal step by which the Minister for Social and Family Development designates a specific institution as a “remand home” for children and young persons who are subject to remand under the Children and Young Persons Act (the “Act”).
Singapore’s youth justice system uses remand homes as part of the framework for dealing with children and young persons who are detained pending further legal processes. A “remand home” is not merely a facility; it is a legally designated place that enables lawful detention under the Act. This Notification therefore matters because it determines where remanded children and young persons may be held for the purposes contemplated by the Act.
Although the Notification contains only three operative provisions, it performs two critical functions: (1) it appoints the Singapore Boys’ Home as the remand home; and (2) it cancels an earlier remand home notification. In practice, this ensures that the legal basis for remand placement remains current and that there is no ambiguity about which facility is authorised.
What Are the Key Provisions?
Section 1: Citation and commencement provides the formal title and the date the Notification comes into operation. The Notification is cited as the “Children and Young Persons (Remand Home) Notification 2019” and it comes into operation on 15 November 2019. For practitioners, the commencement date is important when determining the legality of any remand placement or administrative action taken on or after that date. If a remand placement occurred before commencement, the earlier legal instrument would typically govern; if after commencement, this Notification would be the operative designation.
Section 2: Remand home is the core provision. It states that the Minister appoints the Singapore Boys’ Home, 3 Bulim Drive, Singapore 648172, to be a remand home for the purposes of the Act. This appointment is made “for the purposes of the Act”, meaning the designation is tied to the statutory scheme governing children and young persons. The provision effectively converts the Singapore Boys’ Home from an ordinary institution into a legally recognised remand facility within the meaning of the Act.
From a legal compliance perspective, this designation has several practical implications. First, it supports the legality of detention or custody arrangements that rely on the existence of a properly appointed remand home. Second, it helps ensure that remand placements are made in accordance with the statutory framework rather than by administrative convenience. Third, it provides a clear reference point for courts, counsel, and relevant agencies when assessing whether a remand placement is authorised.
Section 3: Cancellation provides that the Notification relating to Remand Home (G.N. No. S 48/1999) is cancelled. Cancellation is not merely administrative housekeeping; it is a legal mechanism to prevent overlapping or conflicting designations. By cancelling the earlier notification, the Minister ensures that the legal landscape is streamlined: the current remand home designation is governed by the 2019 Notification rather than the 1999 instrument.
For practitioners, cancellation provisions are particularly important when dealing with historical cases, records, or procedural timelines. If a matter spans dates around the changeover, counsel may need to determine which notification was in force at the relevant time. The cancellation clause also reduces the risk that parties might argue that an earlier designation remains operative.
How Is This Legislation Structured?
This Notification is structured in a straightforward format typical of subsidiary legislation that performs a specific administrative/legal function. It contains:
(a) Enacting formula referencing the enabling power in section 53(1) of the Children and Young Persons Act. This formula is legally important because it anchors the Minister’s authority to make the Notification and demonstrates that the designation is made under statutory power.
(b) Three operative sections: Section 1 (Citation and commencement), Section 2 (Remand home), and Section 3 (Cancellation). There are no schedules, definitions, or detailed procedural rules within the Notification itself. Instead, the Notification relies on the Act for the substantive framework governing remand.
(c) Making and authentication: The Notification indicates it was made on 14 November 2019 by the Permanent Secretary, Ministry of Social and Family Development, reflecting the formal process of issuance.
In short, the Notification is a “designation instrument” rather than a comprehensive regulatory code. Its role is to identify the remand home facility authorised under the Act.
Who Does This Legislation Apply To?
The Notification applies to the extent that the Children and Young Persons Act uses the concept of a “remand home” for children and young persons. While the Notification itself does not specify categories of persons, its effect is directed to the statutory remand process under the Act. Accordingly, it is relevant to:
(i) children and young persons who may be subject to remand under the Act; and (ii) the authorities and institutions responsible for implementing remand orders or custody arrangements consistent with the Act.
Practically, the Singapore Boys’ Home is the institution designated to receive remanded children and young persons for the purposes of the Act. The Notification therefore has operational relevance for staff and administrators of the facility, as well as for agencies involved in youth justice and detention management.
Why Is This Legislation Important?
Although the Children and Young Persons (Remand Home) Notification 2019 is brief, it is important because it supports the legality and legitimacy of a sensitive aspect of youth justice: the detention of children and young persons pending legal proceedings. In any system involving deprivation of liberty, the existence of a clear statutory basis and properly designated facilities is fundamental. This Notification provides that basis by appointing a specific remand home.
From an enforcement and compliance standpoint, the Notification helps ensure that remand placements are made in accordance with the Act’s requirements. It also provides clarity for legal practitioners and decision-makers. When counsel reviews remand arrangements, the designation of the remand home is a key factual and legal element. If the facility used is not the one appointed under the relevant notification (or if the wrong notification is relied upon), it could raise legality concerns.
Additionally, the cancellation of the 1999 notification is significant for maintaining an orderly legal framework. Without cancellation, there could be uncertainty about whether multiple facilities are authorised or whether the earlier designation continues to apply. By expressly cancelling the earlier notification, the Minister reduces ambiguity and supports consistent application of the law.
Finally, the Notification’s clear commencement date (15 November 2019) is crucial for practitioners dealing with procedural timelines. In youth justice matters, dates can affect which legal instruments were in force, which in turn can affect the assessment of legality and compliance with statutory requirements.
Related Legislation
- Children and Young Persons Act (Cap. 38) — in particular, section 53(1) (the enabling provision for appointing remand homes)
- Children and Young Persons (Remand Home) Notification (G.N. No. S 48/1999) — cancelled by this Notification
Source Documents
This article provides an overview of the Children and Young Persons (Remand Home) Notification 2019 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.