Statute Details
- Title: Place of Detention
- Act Code: CYPA1993-S205-2006
- Legislative Type: Subsidiary Legislation (SL)
- Authorising Act: Children and Young Persons Act (Cap. 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)
- Cancellation Date: 14 April 2006 (cancellation of the earlier Place of Detention Notification)
- Current Version Reference: Current version as at 27 Mar 2026 (per the legislation portal extract)
- Key Subject Matter: Appointment and replacement of a “place of detention” for children and young persons
What Is This Legislation About?
The instrument titled “Place of Detention” is a Singapore subsidiary legislation made under the Children and Young Persons Act (CYPA). In plain terms, it is an administrative legal step that designates a specific institution as an approved location where certain children or young persons may be detained under the CYPA framework.
Unlike a comprehensive Act that sets out detention grounds, procedures, and rights in detail, this “Place of Detention” instrument is narrower in scope. Its function is to identify the physical place (an institution) that the Minister has appointed to serve as a detention facility for the purposes of the CYPA. It also provides for the cancellation of an earlier notification, ensuring that the legal designation of the detention place remains current and accurate.
Practically, this kind of instrument matters because detention is a highly sensitive power affecting liberty and welfare. Even where the substantive detention authority exists under the CYPA, the law requires that detention occur in an officially appointed “place of detention.” This instrument therefore forms part of the legal infrastructure that enables lawful detention while maintaining formal oversight through ministerial appointment.
What Are the Key Provisions?
1. Ministerial appointment of a place of detention (effective 1 April 2006)
The core operative provision is the appointment of the Singapore Girls’ Home, 1 Defu Avenue 1, Singapore 359540 as a place of detention for the purposes of the Children and Young Persons Act. The appointment is expressly made “in exercise of the powers conferred by section 55” of the CYPA, and it takes effect from 1st April 2006.
For practitioners, the significance is that the instrument does not merely describe the facility; it legally authorises it to function as the designated detention location under the CYPA. Any detention decision that relies on the statutory detention regime must be consistent with the requirement that the detention occurs in a place appointed under the relevant power.
2. Cancellation of the prior place of detention notification (effective 14 April 2006)
The instrument also provides that the Place of Detention Notification (N 13) is cancelled, with effect from 14th April 2006. This is an important transitional/legal-clean-up provision. It indicates that the earlier designation is no longer valid after the specified date.
From a legal risk perspective, cancellation provisions help prevent uncertainty about which institution is the lawful detention place at different times. If detention occurred between 1 April 2006 and 14 April 2006, there may be questions about whether both designations were in effect during that overlap period. The instrument’s text suggests a new appointment begins on 1 April 2006, while the old notification is cancelled later on 14 April 2006. A lawyer assessing historical cases would therefore need to consider the precise dates of detention and the applicable legal designation at those times.
3. Formal notification and citation details
The extract includes the formal citation and administrative references: it is “hereby notified for general information,” and it includes an administrative reference line (e.g., MCYS 133-03-79 V16; AG/LEG/SL/38/2005/1 Vol. 1). While these references are not substantive rights provisions, they are useful for practitioners when tracking the instrument’s legislative history, administrative approvals, and the official record.
Additionally, the instrument is clearly identified as No. S 205 and dated 01 Apr 2006 in the portal timeline. This helps ensure correct version control and citation in pleadings, submissions, and legal research.
4. The instrument’s relationship to the CYPA detention framework
Although the extract does not reproduce the text of section 55 of the CYPA, it makes clear that the appointment power is derived from that section. In practice, section 55 likely sets out the mechanism by which the Minister may appoint places for detention. Therefore, the “Place of Detention” instrument should be read together with the CYPA provisions that govern detention orders, detention purposes, and the operational requirements for detention.
For legal work, this means the instrument is not a stand-alone detention authority. It is a necessary enabling designation. A detention decision would typically require (i) a substantive basis under the CYPA and (ii) compliance with the statutory requirement that detention be carried out in an appointed place.
How Is This Legislation Structured?
This subsidiary legislation is structured as a short notification with two main numbered paragraphs. The first paragraph contains the ministerial appointment of a specific institution as a place of detention, including the effective date. The second paragraph contains the cancellation of the earlier notification (N 13), including the cancellation effective date.
In terms of legal drafting style, the instrument is concise and procedural. It does not contain definitions, procedural safeguards, or detention rules; instead, it performs a specific administrative function: designation and replacement of detention premises under the CYPA’s statutory power.
Who Does This Legislation Apply To?
The instrument applies to the administration of detention under the Children and Young Persons Act. While it is not directed at “persons” in the way that criminal offences are, it affects the legal environment in which detention may be carried out. In other words, it governs the institutional setting for detention decisions made under the CYPA.
It is relevant to: (i) the Minister and the relevant government department responsible for youth and community development (as indicated by the Minister for Community Development, Youth and Sports), (ii) the detention facility designated by the notification (Singapore Girls’ Home), and (iii) any children or young persons who may be detained under the CYPA during the period when the appointment is in force.
Why Is This Legislation Important?
1. It is a legality requirement for detention premises
Detention is a coercive measure. Even where a detention order is otherwise authorised, the law typically requires strict compliance with statutory conditions. This instrument is important because it identifies the legally appointed place where detention may occur. For practitioners, this can be central to assessing whether detention was carried out lawfully, particularly in judicial review, habeas corpus-type proceedings, or challenges to administrative action.
2. It clarifies the correct facility and reduces uncertainty
By appointing a specific institution and cancelling an earlier notification, the instrument reduces ambiguity about which facility is authorised. This is crucial for both operational compliance and legal accountability. If an institution is not properly appointed, detention there could be argued to be unlawful or procedurally defective.
3. It matters for time-sensitive legal analysis
The presence of two different dates—appointment on 1 April 2006 and cancellation of the prior notification on 14 April 2006—means that the legal status of detention premises may vary across time. Lawyers handling historical matters (e.g., reviewing past detention circumstances, preparing affidavits, or evaluating whether the correct legal designation applied) must pay close attention to these dates.
4. It supports accountability and traceability
The instrument’s formal publication and citation allow counsel to trace the legal basis for detention premises. In practice, this supports evidentiary work: confirming the authorised facility, verifying the effective dates, and aligning detention records with the legal framework in force at the time.
Related Legislation
- Children and Young Persons Act (Cap. 38) — in particular, section 55 (the authorising provision for appointing places of detention)
- Place of Detention Notification (N 13) — the earlier notification that was cancelled with effect from 14 April 2006
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.