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Fees (State Courts — Criminal Jurisdiction) Order 2014

Overview of the Fees (State Courts — Criminal Jurisdiction) Order 2014, Singapore sl.

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Statute Details

  • Title: Fees (State Courts — Criminal Jurisdiction) Order 2014
  • Act Code: FeA1920-S673-2014
  • Legislative Type: Subsidiary Legislation (SL)
  • Authorising Act: Fees Act (Cap. 106)
  • Citation: Fees (State Courts — Criminal Jurisdiction) Order 2014
  • Enacting Formula: Made by the Minister for Finance under section 2 of the Fees Act
  • Made Date: 22 September 2014
  • Commencement: Not stated in the extract; the published timeline indicates the operative version as at 1 October 2014 (SL 673/2014)
  • Current Status: Current version as at 27 Mar 2026
  • Key Provisions: Section 2 (definitions), Section 3 (fees payable), Section 4 (waiver/remission/refund), Section 5 (revocation)
  • Schedule: Sets out the fee amounts (second column) and the corresponding matters in State Courts’ criminal jurisdiction (first column)

What Is This Legislation About?

The Fees (State Courts — Criminal Jurisdiction) Order 2014 is a Singapore subsidiary legislation instrument that sets out the fees payable to the Registrar of the State Courts for specified matters arising from criminal proceedings in the State Courts. In practical terms, it is the legal “fee schedule” that tells practitioners what charges apply when certain procedural steps or court-related events occur in criminal cases handled by the State Courts.

The Order is made under the Fees Act (Cap. 106), which empowers the Minister for Finance to prescribe fees for court services. This particular Order focuses specifically on criminal jurisdiction in the State Courts, rather than civil matters or other jurisdictions. It therefore operates as part of a broader regulatory framework governing court fees across different court types and case categories.

Although the extract provided does not reproduce the detailed amounts in the Schedule, the structure is clear: the Schedule pairs “matters” (the first column) with fee amounts (the second column). For lawyers, the Schedule is the operational core—because it is where the actual amounts and the precise triggers for payment are set out.

What Are the Key Provisions?

Section 1 (Citation) provides the short title of the instrument. This is important for legal referencing in submissions, correspondence, and internal case management documents.

Section 2 (Definitions) clarifies key terms used in the Order. In the extract, the most notable definition is “Magistrate’s complaint”, meaning a complaint made to a Magistrate under section 151 of the Criminal Procedure Code (Cap. 68). The definition also confirms that “Registrar” includes both the Registrar and a deputy registrar of the State Courts. These definitions matter because the Schedule likely uses these terms to identify the procedural event that attracts a fee.

Section 3 (Fees) is the operative charging provision. It states that, in relation to any criminal proceedings in the State Courts, the fees specified in the second column of the Schedule shall be payable to the Registrar in respect of the matters specified opposite in the first column. This section does two things:

  • It confirms the scope: “any criminal proceedings in the State Courts”.
  • It confirms the mechanism: payment is due to the Registrar, and the precise fee depends on the matter listed in the Schedule.

For practitioners, Section 3 is the legal basis to require payment (or to challenge payment) by reference to the Schedule. In fee disputes, the question is typically whether the procedural step in the case falls within the “matter” described in the Schedule.

Section 4 (Waiver, remission or refund of fees) provides a discretionary relief mechanism. It states that the Registrar may, as he thinks fit, waive, remit or refund any fee paid or payable under the Order, wholly or in part. This is significant for case management and for clients who may face hardship or where fees have been paid in circumstances that warrant correction.

From a practitioner’s perspective, Section 4 raises practical issues:

  • Discretionary nature: the Registrar “may, as he thinks fit” grant relief. This implies there is no automatic entitlement, so applications should be supported by relevant facts.
  • Timing: relief can apply to fees “paid or payable”, meaning it can cover both prospective and retrospective situations.
  • Extent of relief: it can be wholly or in part, allowing partial remission or refund.

In practice, lawyers should treat Section 4 as the legal hook for administrative applications to adjust fees, rather than as a basis for arguing that the fee is legally invalid. It is also relevant when a procedural event is later corrected, withdrawn, or otherwise changes the underlying basis for the fee.

Section 5 (Revocation) revokes an earlier fees order: Fees (State Courts — Criminal Jurisdiction, Protection of Family and Maintenance of Wife and Children) Order 2013 (G.N. No. S 394/2013). This indicates that the 2014 Order replaced the 2013 framework, likely updating fee amounts, administrative categories, or procedural triggers. Revocation is important because it clarifies which instrument governs for events occurring after the effective date of the 2014 Order.

How Is This Legislation Structured?

The Order is structured in a straightforward, practitioner-friendly format:

  • Enacting Formula (the legal authority and making process under the Fees Act).
  • Section 1 (Citation) for identification.
  • Section 2 (Definitions) to interpret terms used in the Schedule.
  • Section 3 (Fees) to establish that the Schedule determines what is payable and when.
  • Section 4 (Waiver, remission or refund) to provide discretionary relief.
  • Section 5 (Revocation) to remove the earlier 2013 order.
  • THE SCHEDULE as the substantive fee table, pairing “matters” with fee amounts.

For legal research and litigation support, the Schedule is typically the most consulted part. While the extract does not show the Schedule’s contents, the legal logic is that the Schedule is incorporated by reference through Section 3.

Who Does This Legislation Apply To?

The Order applies to criminal proceedings in the State Courts. That means it governs fees for court services connected to criminal matters handled by the State Courts, rather than criminal proceedings in other forums (such as the High Court) or civil proceedings.

In terms of persons affected, the fees are payable to the Registrar. In practice, the party responsible for paying may be the accused, the complainant, or another litigant depending on the procedural step and the Schedule’s categorisation. However, the legal text in the extract frames the obligation as payable to the Registrar “in respect of the matters” specified. Therefore, practitioners should consult the Schedule to determine which party is implicated by each fee trigger and whether any procedural step is initiated by the accused or by the prosecution.

Why Is This Legislation Important?

This Order is important because it directly affects the costs and administrative steps of criminal litigation in the State Courts. Court fees can influence timing (for example, when filings or applications are processed), budgeting for legal representation, and client communications. Even where fees are modest, they can become material in cases involving multiple procedural steps.

From an enforcement and compliance perspective, Section 3 provides the legal basis for the Registrar to demand payment according to the Schedule. If a practitioner is faced with a fee assessment, the correct approach is to identify the procedural “matter” in the Schedule and compare it to the event that occurred in the case. This is particularly relevant where a party disputes whether a fee is properly chargeable.

Section 4 also makes the Order practically significant. The Registrar’s discretion to waive, remit or refund fees provides a safety valve for fairness and administrative correction. Lawyers advising clients should consider whether an application for relief is appropriate—especially where fees were paid in error, where circumstances changed, or where partial relief is sought to reflect the actual procedural outcome.

Finally, the revocation in Section 5 ensures legal clarity about which instrument governs. When dealing with historical cases or procedural events spanning the transition from 2013 to 2014, practitioners should verify the relevant effective date and confirm whether the 2013 order or the 2014 order applies.

  • Fees Act (Cap. 106) — authorises the Minister for Finance to prescribe court fees
  • Criminal Procedure Code (Cap. 68) — referenced for the definition of “Magistrate’s complaint” (section 151)
  • Fees (State Courts — Criminal Jurisdiction, Protection of Family and Maintenance of Wife and Children) Order 2013 (G.N. No. S 394/2013) — revoked by Section 5

Source Documents

This article provides an overview of the Fees (State Courts — Criminal Jurisdiction) Order 2014 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.

Written by Sushant Shukla
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