Statute Details
- Title: Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018
- Full Title: Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018
- Act Code: S728-2018
- Type: Subsidiary Legislation
- Commencement Date: 31 October 2018
- Parts: N/A
- Key Sections: Section 2: Definitions; Section 4: Statements and confessions; Section 8: Community sentences
- Related Legislation: Corruption Act, Criminal Justice Reform Act 2018, Criminal Procedure Code
What Is This Legislation About?
The Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018 is a piece of subsidiary legislation enacted under the Criminal Justice Reform Act 2018. It provides for the saving and transitional provisions necessary to facilitate the implementation of the amendments made to the Criminal Procedure Code (CPC) by the Criminal Justice Reform Act 2018.
The regulations aim to ensure a smooth transition from the old CPC provisions to the new ones introduced by the 2018 Act. They specify which provisions of the unamended CPC will continue to apply to cases and proceedings that were already underway before the new Act came into force on 31 October 2018. This helps to maintain legal certainty and prevent disruption to ongoing criminal justice processes.
What Are the Key Provisions?
The Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018 contain several important provisions that preserve the applicability of certain sections of the unamended CPC:
Bail and Personal Bond Orders (Sections 3, 17, 18, 21): Despite the changes made by the 2018 Act, orders for the release of persons on bail or personal bond that were made by State Courts before 31 October 2018 will continue to be governed by the old CPC provisions on bail (Sections 92(4), 93(3C), and 97(2)).
Statements and Confessions (Section 4): The new CPC provisions on the admissibility of statements and confessions (Sections 258(4A), 258(5), 258(5A), and 258(5B)) will not apply to cases where the investigation began before 31 October 2018. The old CPC rules will continue to apply in such situations.
Admissibility of Case for the Defence (Section 5): The new CPC provision on the admissibility of the Case for the Defence (Section 258A) will not apply to cases where the accused was charged before 31 October 2018. The old rules will continue to govern such cases.
Appearance of Accused through Video/TV Link (Section 6): The old CPC provision on the appearance of accused persons through video or television link (Section 281(3)) will continue to apply to cases where the accused was charged before 31 October 2018.
Community Sentences (Section 8): Despite the changes made by the 2018 Act, the old CPC provisions on community sentences (Sections 337, 352(5), and 354(6)-(7)) will continue to apply to cases where the offender was charged before 31 October 2018.
Costs Orders Against Accused (Section 9): The old CPC provision on orders for the payment of costs against convicted persons (Section 355) will continue to apply to cases where the accused was charged before 31 October 2018.
Petition for Confirmation of Death Sentence (Section 10): The old CPC provision on petitions for the confirmation of death sentences (Section 394A(1)) will continue to apply to cases where the sentence was passed before 31 October 2018.
Review of Appellate Court Decisions (Section 11): The new CPC provision on the review of earlier appellate court decisions (Section 108) will not apply to applications or reviews that were already pending as of 30 October 2018.
Determination of Public Interest Questions (Section 12): The old CPC provisions on the determination of questions of public interest (Sections 397(3B)-(3E) and 397(6)) will continue to apply to applications and referrals made before 31 October 2018.
Bailable and Non-Bailable Offences (Section 13): The old CPC provisions on the determination of bailable and non-bailable offences (First Schedule) will continue to apply to cases where the accused was charged before 31 October 2018.
Criminal Case Disclosure Procedures (Section 14): The old CPC provisions on criminal case disclosure procedures (Second Schedule) will continue to apply to cases where the accused was charged before 31 October 2018.
How Is This Legislation Structured?
The Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018 consists of 14 sections. The first two sections provide the citation, commencement, and definitions. The remaining 12 sections set out the various saving and transitional provisions that preserve the applicability of certain unamended CPC provisions.
The regulations do not have any formal parts or divisions. Each section addresses a specific issue, such as bail orders, statements and confessions, community sentences, and so on. The sections are arranged in a logical order to cover the key areas where transitional provisions are necessary.
Who Does This Legislation Apply To?
The Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018 apply to criminal cases and proceedings that were already underway before the Criminal Justice Reform Act 2018 came into force on 31 October 2018. The regulations ensure a smooth transition from the old CPC provisions to the new ones introduced by the 2018 Act.
The regulations preserve the applicability of certain unamended CPC provisions for cases and proceedings that were initiated prior to 31 October 2018. This includes cases where the accused was charged, investigations began, orders were made, or sentences were passed before that date.
Why Is This Legislation Important?
The Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018 play a crucial role in facilitating the implementation of the Criminal Justice Reform Act 2018. By preserving the applicability of certain unamended CPC provisions, the regulations ensure legal certainty and prevent disruption to ongoing criminal justice processes.
Without these transitional provisions, the changes introduced by the 2018 Act could have created significant challenges and uncertainties for cases and proceedings that were already underway. The regulations help to maintain the continuity of the criminal justice system and ensure a smooth transition to the new legal framework.
Ultimately, the regulations contribute to the overall effectiveness and efficiency of the criminal justice system in Singapore. By providing a clear and consistent set of rules for handling cases initiated before the 2018 Act, the regulations help to uphold the principles of fairness, due process, and the rule of law.
Related Legislation
- Corruption Act
- Criminal Justice Reform Act 2018
- Criminal Procedure Code
Source Documents
This article provides an overview of the Criminal Justice Reform (Saving and Transitional Provisions) (No. 2) Regulations 2018 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.