Statute Details
- Title: Place of Detention
- Act Code: CYPA1993-S205-2006
- Legislative Type: Subsidiary legislation (SL)
- Authorising Act: Children and Young Persons Act (Chapter 38)
- Authorising Provision: Section 55 of the Children and Young Persons Act
- Instrument Number: S 205/2006
- Commencement / Effective Date: 1 April 2006 (appointment of a place of detention)
- Key Effect Date for Cancellation: 14 April 2006 (cancellation of prior notification)
- Current Version Reference: Current version as at 27 Mar 2026 (per the legislation portal)
What Is This Legislation About?
The “Place of Detention” subsidiary legislation is a short but operationally important instrument made under the Children and Young Persons Act (CYPA). In plain terms, it designates a specific facility as a “place of detention” for children and young persons who may be detained under the CYPA framework.
Under the CYPA, detention is a coercive measure that can only be carried out in a manner authorised by law. A core compliance requirement is that detention must occur in an approved “place of detention”. This instrument therefore performs an administrative-legal function: it appoints a named institution and gives it legal status for the purposes of detention under the Act.
The instrument also manages continuity and legal certainty by cancelling an earlier “Place of Detention Notification” (N 13). This ensures that, from the specified dates, the legal basis for detention locations is clear and up to date, reducing the risk of procedural defects or reliance on superseded designations.
What Are the Key Provisions?
1. Appointment of a place of detention (effective 1 April 2006)
The instrument states that, in exercise of the powers conferred by section 55 of the CYPA, the Minister for Community Development, Youth and Sports has appointed the Singapore Girls’ Home, located at 1 Defu Avenue 1, Singapore 359540, to be a place of detention for the purposes of the Act, with effect from 1 April 2006.
For practitioners, the practical significance is that detention decisions under the CYPA can only be implemented at a location that has been properly designated. This appointment provides the legal “hook” allowing the relevant authorities to use the Singapore Girls’ Home as the detention venue for the relevant class of persons and circumstances contemplated by the CYPA.
2. Cancellation of the prior place of detention notification (effective 14 April 2006)
The instrument further provides that the Place of Detention Notification (N 13) is cancelled, with effect from 14 April 2006.
This cancellation clause is important for legal hygiene. Even where a new place is appointed, the continued existence of an older notification could create confusion over which facility is authorised, particularly if detention orders or transfers occur around the transition period. By specifying a cancellation date separate from the appointment date, the instrument allows for a controlled changeover.
3. Reliance on section 55 of the CYPA
Although the extract is brief, it expressly anchors the appointment power in section 55 of the CYPA. This matters because it ties the subsidiary legislation to the statutory authority and limits the scope of the instrument to what the CYPA permits.
In legal analysis, the authorising provision typically governs: (i) who may designate places of detention, (ii) the form and effect of the designation, and (iii) the legal consequences of designation and cancellation. Where a practitioner is assessing legality of detention arrangements, the chain of authority—CYPA section 55 leading to this SL—is central.
4. Administrative instrument with direct operational impact
Unlike substantive amendments to detention criteria, this instrument does not itself define who may be detained or the grounds for detention. Instead, it changes the implementation environment by designating a detention location. That means its impact is operational: it affects where detention can lawfully be carried out.
In practice, detention legality can be challenged on multiple grounds (procedural fairness, statutory preconditions, and conditions of detention). A designated place of detention is one of the foundational elements. If detention occurred at a location not properly designated, that could support arguments about illegality or procedural non-compliance, depending on the facts and the remedies sought.
How Is This Legislation Structured?
This subsidiary legislation is structured as a short notification with two substantive paragraphs:
(a) a paragraph appointing a named institution as a place of detention, including the effective date; and (b) a paragraph cancelling a prior notification, including its cancellation effective date.
There are no “parts” or “sections” in the extract because the instrument is presented as a notification-style legal text. The portal indicates that it is an SL under the CYPA, with the relevant legal effect arising from the stated appointment and cancellation dates.
Who Does This Legislation Apply To?
Primary legal effect: The instrument applies to the administration of detention under the CYPA. It is directed at the authorities responsible for implementing detention orders—i.e., those who must ensure that detention is carried out in a legally designated place.
Indirect effect on detainees and counsel: While the notification does not address detainees directly, it affects detainees’ legal environment. Children and young persons who are subject to detention under the CYPA may be detained at the Singapore Girls’ Home (subject to the CYPA’s substantive detention provisions and any other applicable regulations, policies, and procedural safeguards). For lawyers, the instrument is relevant when reviewing detention arrangements, transfer decisions, and compliance with statutory requirements.
Why Is This Legislation Important?
1. It is a legality and compliance cornerstone
Detention is a serious measure affecting liberty and welfare. Even where the substantive decision to detain is lawful, the detention must be carried out in a manner consistent with the statutory framework. This instrument provides the legal designation of a detention facility, which is a key compliance requirement.
For practitioners, this means that when assessing detention legality, counsel should not only examine the decision-making process under the CYPA but also the place where detention occurred. A properly designated place reduces the risk of a procedural challenge based on statutory non-compliance.
2. It clarifies the authorised detention location and manages transitions
The appointment date (1 April 2006) and the cancellation date (14 April 2006) indicate a deliberate transition period. Such structuring is important in institutional practice: it allows for operational readiness, administrative handover, and orderly movement of cases.
From a legal perspective, transition dates help avoid ambiguity. If a detention occurred during the overlap period, counsel may need to determine whether the older notification remained effective until 14 April 2006 and how that affects the legality of the detention location for that period.
3. It demonstrates the statutory “chain of authority”
The instrument’s explicit reference to section 55 of the CYPA is significant. It shows that the Minister’s designation power is being exercised within the statutory mandate. This is relevant for judicial review-style analysis and for internal compliance audits.
In litigation or advisory work, the chain of authority can matter when challenging administrative actions. If a detention facility is used without a valid designation, the challenge may be framed as a failure to comply with the statutory precondition for detention at that location.
Related Legislation
- Children and Young Persons Act (Chapter 38) — in particular section 55 (power to appoint places of detention)
- Place of Detention Notification (N 13) — cancelled by this instrument with effect from 14 April 2006
- Timeline / subsidiary legislation instruments under the CYPA relating to detention arrangements (as may be listed in the legislation portal)
Source Documents
This article provides an overview of the Place of Detention for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.