Statute Details
- Title: Criminal Procedure Code (Compensation Order) Rules 2024
- Legislative Type: Subsidiary Legislation (SL)
- Act Code: CPC2010-S628-2024
- Authorising Act: Criminal Procedure Code 2010
- Authorising Provision: Section 428A(15) of the Criminal Procedure Code 2010
- Enacting Formula Date: Made on 29 July 2024
- Commencement: 1 August 2024
- Current Version Status: Current version as at 27 March 2026 (per provided extract)
- Legislation Number: SL 628/2024
- Key Rules: Rule 1 (Citation and commencement), Rule 2 (Definitions), Rule 3 (Manner of notification), Rule 4 (Proceedings for compensation order), Rule 5 (Meaning of “representative”)
What Is This Legislation About?
The Criminal Procedure Code (Compensation Order) Rules 2024 (“the Rules”) set out procedural details for how Singapore courts handle applications and decisions relating to compensation orders made under the Criminal Procedure Code 2010 (“the Code”). In plain terms, these Rules ensure that the “relevant persons” who may be entitled to compensation are properly informed about the court proceedings where a compensation order may be decided.
Compensation orders are part of Singapore’s criminal justice framework that allows victims and certain other affected persons to receive financial compensation through the criminal process, rather than requiring separate civil litigation. The Rules therefore focus on practical steps: defining who counts as a “relevant person”, specifying how the court must notify them, and clarifying who may act as a “representative” where the person entitled to compensation is a minor, lacks capacity, or is deceased.
Although the Rules are relatively short, they are highly consequential for practitioners. They govern procedural fairness (notice and participation), and they also influence how courts schedule and conduct compensation proceedings—particularly where the relevant person does not attend.
What Are the Key Provisions?
Rule 1: Citation and commencement provides the formal identification of the Rules and states that they come into operation on 1 August 2024. For practitioners, this matters for determining whether the procedural requirements apply to compensation proceedings scheduled after commencement.
Rule 2: Definitions is central because it anchors the Rules to the Code and clarifies the terminology used. The Rules define:
- “compensation order” as an order under section 359(1) of the Code for payment of compensation to a relevant person.
- “legal guardian” for a victim as a person lawfully appointed by deed or will or by order of a competent court.
- “next-of-kin” for a deceased victim in a hierarchical order: spouse; then child; then parent or legal guardian; and finally sibling if none of the earlier categories exist.
- “relevant person” as a person mentioned in section 359(1)(a), a representative mentioned in section 359(1)(b), or a dependant mentioned in section 359(1)(c).
These definitions are not merely academic. They determine who must be notified (Rule 3), who may be represented (Rule 5), and who can potentially benefit from the court’s compensation decision.
Rule 3: Manner of notification addresses procedural fairness and compliance with the Code’s notice requirement. For the purposes of section 359(2D)(a) of the Code, the court must notify the relevant person of the proceedings in which the court will decide whether to make a compensation order.
The notification must be sent in writing and must include the date, time and location of the proceedings. The Rules specify two permissible channels:
- Ordinary post to the address submitted by the prosecution as the relevant person’s last known address; or
- Electronic communication to the email address submitted by the prosecution as the relevant person’s last known email address.
From a practitioner’s perspective, this rule creates a clear compliance pathway but also highlights a practical risk: if the prosecution provides incomplete or outdated contact details, the notice may be ineffective. Defence and prosecution counsel should therefore ensure that the “last known” address/email submitted to the court is accurate and up to date, and that the court’s file reflects the basis for the chosen notification method.
Rule 4: Proceedings for compensation order governs how the court may schedule and conduct compensation proceedings. Key points include:
- Rule 4(1) allows the court to fix the date of the proceedings where it will decide whether to make a compensation order.
- Rule 4(2) permits the court, when fixing the date, to consider relevant factors, including (non-exhaustively) whether the offender is in remand and whether the likely sentence will be shorter than the period of remand; and whether a sentence of caning is likely and, if so, whether the offender is a man approaching 50 years of age.
- Rule 4(3) provides that after the court has notified the relevant person under Rule 3, the court may proceed with the compensation proceedings even if the relevant person is absent from the whole or any part of those proceedings.
The scheduling factors in Rule 4(2) are particularly useful for counsel advising on timing. They reflect that compensation proceedings may be coordinated with the offender’s custody and sentencing trajectory. The caning-related factor also signals that the court may anticipate delays or changes in sentencing outcomes depending on eligibility and practical sentencing considerations.
Rule 5: Meaning of “representative” is the most legally nuanced provision in the Rules. It defines who qualifies as a “representative” for the purposes of section 359(6) of the Code, but only in relation to a victim who is a person mentioned in section 359(1)(a) (referred to as “the victim” in Rule 5).
The representative is determined by the victim’s personal circumstances:
- Minor victim (below 18) with capacity: the victim’s parent or legal guardian.
- Victim lacking capacity (within the meaning of section 4 of the Mental Capacity Act 2008):
- If the victim is 21 or above: the victim’s deputy or donee (as those terms are defined in the Mental Capacity Act 2008).
- If the victim is below 21: either
- the victim’s deputy empowered to make decisions on the victim’s behalf under section 20 read with section 21 of the Mental Capacity Act 2008; or
- in the absence of such a deputy, the victim’s parent or legal guardian.
- Deceased victim:
- If a grant of probate or letter of administration has been made: an administrator or executor of the estate (as applicable).
- If no such grant has been made: the victim’s next-of-kin (using the hierarchy in Rule 2).
This rule is critical for practitioners because it determines standing and authority in compensation proceedings. It also creates a structured approach that reduces ambiguity: courts and parties can identify the correct representative based on age, capacity status, and whether the victim is deceased and whether estate administration has commenced.
How Is This Legislation Structured?
The Rules are structured as a short set of five rules:
- Rule 1 sets out the citation and commencement date.
- Rule 2 provides definitions that link the Rules to the Code and clarify key terms (compensation order, legal guardian, next-of-kin, relevant person).
- Rule 3 specifies the method and content of court notification to relevant persons.
- Rule 4 addresses how the court may fix dates for compensation proceedings and what factors it may consider, and it confirms that proceedings may continue despite absence after proper notification.
- Rule 5 defines “representative” by reference to the victim’s circumstances, including minority, lack of capacity under the Mental Capacity Act 2008, and death/estate administration.
Who Does This Legislation Apply To?
The Rules apply to courts conducting proceedings under section 359 of the Criminal Procedure Code 2010 for the decision whether to make a compensation order. They also indirectly affect prosecution and defence counsel because the prosecution supplies the contact details used for notification and because the court’s scheduling decisions may interact with sentencing and custody timelines.
Substantively, the Rules apply to relevant persons—including victims, representatives, and dependants—who may be entitled to compensation. Where a victim is a minor, lacks capacity, or is deceased, the Rules determine who may act as the “representative” for the purposes of the compensation framework.
Why Is This Legislation Important?
Even though the Criminal Procedure Code (Compensation Order) Rules 2024 are procedural, they have real consequences for the effectiveness of compensation orders. The notice requirement in Rule 3 is a cornerstone of fairness: it ensures that those who may receive compensation are informed of when and where the court will decide whether to make the order.
Rule 4(3) is equally important. It prevents compensation proceedings from being stalled indefinitely due to non-attendance by the relevant person, provided the court has complied with the notification requirements. For practitioners, this means that once proper notice is shown on the record, the court has a clear basis to proceed even if the relevant person does not appear.
Finally, Rule 5’s careful definition of “representative” is crucial for avoiding disputes about authority—particularly in cases involving minors or persons lacking capacity. By tying the representative concept to the Mental Capacity Act 2008 framework (deputies and donees, and decision-making empowerment), the Rules promote consistency and reduce the risk that the wrong person is treated as entitled to participate or receive compensation on behalf of the victim.
Related Legislation
- Criminal Procedure Code 2010 (especially section 359 and section 428A)
- Mental Capacity Act 2008 (definition of lack of capacity; deputy and donee concepts; sections 20 and 21 referenced in Rule 5)
Source Documents
This article provides an overview of the Criminal Procedure Code (Compensation Order) Rules 2024 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.