Ms Sylvia Lim (Aljunied): Sir, a person facing investigations or criminal charges may need to wait several months or even years before his case is concluded. I have seen how some lower-income Singaporeans struggle with this. A simple parking violation that usually attracts an out-of-Court composition fine is not paid, eventually leading to a Court hearing that requires a bailor. Failure to find a bailor will lead to pre-trial custody, which often leads to job loss or disruption of education, plunging the whole family into a much more precarious situation.
I had previously raised this issue during the Justice System Motion in November 2020. To that end, I was very encouraged when the Criminal Procedure Code (CPC) was amended last year to expressly require the law enforcement agency or judge to consider releasing a person charged with a less serious offence on his personal bond without the need for a bailor.
Sir, the new provisions of section 93(1A) and section 93(1C) of the CPC, which came into force on 1 August 2024, after more than six months, it will be opportune to find out if there are significant outcomes to date. Are there indications from the law enforcement agencies that more eligible persons are being released on personal bond? Similarly, for those charged in Court, are there similar indications from the Courts that more accused persons are now being released on personal bond?
The Minister of State for Law (Mr Murali Pillai): I now turn to Ms Sylvia Lim’s query on the personal bond in criminal cases – an amendment in the Criminal Procedure (Miscellaneous Amendments) Act 2024. This allows persons accused of non-bailable offences punishable with up to seven years’ imprisonment to be released on personal bond, as an alternative to bail. Previously, persons accused of such offences could only be released on bail while awaiting investigations or trial. They will be remanded if they are unable to find a bailor, even if they are offered bail.
With this amendment, they may be released by putting up a bond by themselves in appropriate cases. This reduces the disruptions to their lives and earning capacity, as mentioned by the hon Member. Since the amendment was implemented in August 2024, more than 100 accused persons have been released on personal bond for non-bailable offences. The personal bond regime is new and in its infancy. We will continue to keep our policies on remand and bail under review.
The Chairman: Ms Sylvia Lim.
Ms Sylvia Lim: Thank you, Chair. I have two clarifications for Minister of State Murali on the Criminal Procedure Code amendments on pre-trial release. Earlier, he mentioned that under the new provisions that were effective on 1 August, about 100 persons had been released on personal bond instead of on bail. I would like him to confirm that this is actually the combined number from law enforcement, as well as the Courts. That is the first question.
And the second question is if that is the case, this means that if it is 100 persons over six months, it is only about 16 persons per month, which to me is quite a low figure. And to this end, can he confirm that there are ongoing efforts to train, especially our law enforcement agencies, on the use of this new provision?
Mr Murali Pillai: Sir, with respect to the hon Member Ms Lim’s question, my understanding is this is in relation to Court cases, but I can double check and perhaps, clarify this separately. [Please refer to “Clarification by the Minister of State for Law”, Official Report, 4 March 2025, Vol 95, Issue 157, Clarification section.]
The Chairman: Any other clarifications? Ms Lim.
Ms Sylvia Lim: Thank you, Sir. So, just to follow up, I would just like to know whether there are ongoing efforts to train our officers involved on the new provision and how to apply it in applicable cases.
Mr Murali Pillai: Sir, that would be something that is within the province of the MHA. Certainly, we can convey the feedback as well.
Ministry of Law
4 March 2025
https://sprs.parl.gov.sg/search/#/sprs3topic?reportid=budget-2593
Office of the Leader of the Opposition 