Podcast
Questions and Answers
Under what circumstances does the accused have the option to opt-in to the CCDC?
Under what circumstances does the accused have the option to opt-in to the CCDC?
- When the accused is claiming trial for the charges and opts-in. (correct)
- When the accused is unrepresented.
- Only for offences that fall within the High Court's definition.
- When the Prosecution files its case.
What is NOT a purpose of the CPC as outlined in s160?
What is NOT a purpose of the CPC as outlined in s160?
- Admitting statements and documents.
- Determining the trial outcome. (correct)
- Listing witnesses to be called.
- Filing the Case for the Defence.
Which type of court applies to CCDC as specified in the content?
Which type of court applies to CCDC as specified in the content?
- Family Court.
- Magistrate Court.
- District Court. (correct)
- High Court.
What timeframe must the court set for the CCDC date after opt-in?
What timeframe must the court set for the CCDC date after opt-in?
Which section specifies the timeline for the prosecution to file its case?
Which section specifies the timeline for the prosecution to file its case?
Which of the following offenses is categorized as bailable?
Which of the following offenses is categorized as bailable?
What format must the defence bundle contain according to s165 CPC?
What format must the defence bundle contain according to s165 CPC?
Under what condition can a police bail order be issued?
Under what condition can a police bail order be issued?
If the accused pleads guilty, what is the provision stated in s167 CPC?
If the accused pleads guilty, what is the provision stated in s167 CPC?
What does section 92(1) of the CPC state regarding bail?
What does section 92(1) of the CPC state regarding bail?
What happens if there is a failure to serve cases as specified in s169 CPC?
What happens if there is a failure to serve cases as specified in s169 CPC?
Which of the following is NOT a reason to deny bail?
Which of the following is NOT a reason to deny bail?
Which section addresses the transmission of a case to the General Division of the High Court?
Which section addresses the transmission of a case to the General Division of the High Court?
What must be proven for an accused to be released if charged with a non-bailable offense?
What must be proven for an accused to be released if charged with a non-bailable offense?
According to section 93(2) of the CPC, what action must be taken if there are no reasonable grounds to believe the accused committed a non-bailable offense?
According to section 93(2) of the CPC, what action must be taken if there are no reasonable grounds to believe the accused committed a non-bailable offense?
Which of the following statements about non-bailable offenses is correct?
Which of the following statements about non-bailable offenses is correct?
What characterizes a non-bailable offense under the Criminal Procedure Code?
What characterizes a non-bailable offense under the Criminal Procedure Code?
Which of the following is a prerequisite for bail to be granted in any case?
Which of the following is a prerequisite for bail to be granted in any case?
What is the primary purpose of determining the quantum of bail according to the principles outlined?
What is the primary purpose of determining the quantum of bail according to the principles outlined?
Under what condition may the court release the accused on police bail?
Under what condition may the court release the accused on police bail?
Which of the following is NOT a condition that can be imposed on bail?
Which of the following is NOT a condition that can be imposed on bail?
What must the accused person demonstrate to the court to secure bail according to the legal principles?
What must the accused person demonstrate to the court to secure bail according to the legal principles?
What can happen if a bail condition is breached by the accused?
What can happen if a bail condition is breached by the accused?
Which of the following factors is NOT part of the 'Yin Yang Factors' considered by courts when granting bail?
Which of the following factors is NOT part of the 'Yin Yang Factors' considered by courts when granting bail?
What would likely happen if the accused fails to appear for court after being granted bail?
What would likely happen if the accused fails to appear for court after being granted bail?
According to the Criminal Procedure Rules, when does the CCDC apply?
According to the Criminal Procedure Rules, when does the CCDC apply?
Under section s93(5) of the CPC, what can happen to an accused individual who is out on bail?
Under section s93(5) of the CPC, what can happen to an accused individual who is out on bail?
What is a key distinction between agency bail and court bail?
What is a key distinction between agency bail and court bail?
Flashcards
Bailable Offence
Bailable Offence
A crime for which the accused person can be released on bail as a matter of right.
Non-Bailable Offence
Non-Bailable Offence
A crime where bail is not a right; release depends on court discretion.
Bail (in criminal cases)
Bail (in criminal cases)
Temporary release of an accused person from custody, subject to conditions, pending the legal proceedings.
Murder
Murder
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Kidnapping
Kidnapping
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Rape
Rape
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Section 92 (1) CrPC
Section 92 (1) CrPC
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Section 93 (1) CrPC
Section 93 (1) CrPC
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Section 95 (1) CrPC
Section 95 (1) CrPC
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Section 93 (2) CrPC
Section 93 (2) CrPC
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Court's discretion for personal bond
Court's discretion for personal bond
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Police bail discretion
Police bail discretion
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Accused's bail burden
Accused's bail burden
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Yin-Yang Bail Factors
Yin-Yang Bail Factors
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Bail conditions for accused
Bail conditions for accused
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Arrest for bail breach
Arrest for bail breach
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Purpose of bail quantum
Purpose of bail quantum
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Consequences of not posting bail
Consequences of not posting bail
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Criminal Case Disclosure Conference (CCDC)
Criminal Case Disclosure Conference (CCDC)
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CCDC Application
CCDC Application
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CCDC (Case for Prosecution & Defence)
CCDC (Case for Prosecution & Defence)
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s159 CPC
s159 CPC
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s161 CPC
s161 CPC
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s163 CPC
s163 CPC
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s167 CPC
s167 CPC
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CCDC Timeframes
CCDC Timeframes
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District Court
District Court
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Prosecution's case contents
Prosecution's case contents
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Defence case contents
Defence case contents
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s210 and s264 CPC
s210 and s264 CPC
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Study Notes
Bail in Criminal Cases
- Bailable Offence: Causing physical injury, theft, or mischief. These involve causing physical pain or injury to another person, taking another person's property without consent, or damaging property with the intent to cause inconvenience to the owner.
- 5th Column First Schedule CPC (Criminal Procedure Code) Contains essential criteria for bail decisions. Generally, bail is a right, not a discretion.
- Section 92(1) CPC: Bail should be granted as a right (must be released) to persons arrested or detained without a warrant by a police officer, or brought before a court. The person must be prepared to give bail.
- Section 92(3) CPC: Deals with accused persons who may abscond (likely to not attend court). The court can order no release on police bail, or refuse court bail, if there's sufficient ground to believe the person will not attend court.
- Factors considered: Nature and seriousness of the offence, likely sentence, whether the accused is a citizen/resident of Singapore, their background/antecedents.Â
- Police Bail: A bail offered by a police officer if the commissioner of police or court deems it appropriate.
- Court Bail: Bail granted by the court.
Non-Bailable Offences
- Murder: The unlawful premeditated killing of one human being by another.
- Kidnapping: Taking someone unlawfully, typically for ransom, is a non-bailable offence.
- Rape: Unlawful sexual acts using force, or threat of force, imposed on a person against their will.
- Imprisonment by death or life imprisonment: An accused can't be granted bail or personal bond if charged with these types of offences.
Bail Granted at Court's Discretion (Section 93 CPC)
- Non-bailable Offences: In cases of non-bailable offences, the police officer, or court (with certain conditions) can grant bail, subject to section 95(1)
- Court discretion: Courts can grant bail at their discretion for non-bailable offences, either with or without sureties (a personal bond), subject to the established rules.
- Additional factors: Grounds for further investigations, the accused might not surrender to custody if released, not be present for investigations or court.
Breach of Bail Conditions
- Arrest without warrant: An accused who violates bail conditions can be arrested without a warrant, in specific situations.
Criminal Case Disclosure Conference (CCDC)
- Applicability: Applies to cases where accused claims trial for charges AND opted-in.
- Procedures: Statutory requirements and procedures (sections 157-171 and 227(5) of CPC, section 159), are specified for offences and cases tried in district courts. Accused can opt in or out
- Discretion: The defence can choose to opt in or out for CCDC.
Purpose of CCDC
- Section 160 CPC: Settling facts, trial dates, witness lists, and documents for the case.
- Criminal case disclosure conference procedure: This procedure is for courts to determine the criminal cases, including any facts, issues, trial witnesses and documents.
Records of Statements
- Statement requirements The prosecutors must disclose specific types of statements and documents
- Presentation of Statements All statements have to be disclosed and presented during the scheduled steps in the relevant criminal case
- Review and scrutiny of records: Detailed rules specify the kinds of statements that prosecutors are required to disclose and present to the defence in a scheduled manner, ensuring a fair court process.
Summary of Facts and Disclosure Obligations (Case for the Defence)
- Filing and serving of defence: Requires the defendant to file and serve a case for defence, which must contain a summary of facts and points to support the defence.
- Timeline for serving documents Defines the timeline for serving defence documents and specific requirements for how they are structured and presented.
- Disclosing defence documents: Detailed rules cover the scope of disclosure for case documents in support of the defence and the procedure.
Disclosure Obligations (Prosecution)
- Statements and documents: The prosecution's disclosure is clearly defined in terms of the specific requirements, including statements and documents, to ensure transparency.
- Summary of defence: Specific procedures mandate the preparation, filing, and serving of a summary of the defence, including relevant summaries and details for the defence case.
- List or exhibits: Rules outline how and when exhibits need to be listed, delivered, and presented in court.
Non-Disclosure Consequences
- Consequences of non-disclosure: If non-disclosure of crucial evidence leads to an unsafe conviction, the court might overturn the conviction.
- Standard of Proof If evidence isn't disclosed it can result in the process of fairness of the trial being compromised.
- Other Considerations: Specific details are provided on specific situations such as appeals or when determining if evidence disclosure has caused a serious or prejudicial error.
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Description
Explore the intricacies of bail in criminal cases, focusing on bailable offences and the relevant sections of the Criminal Procedure Code (CPC). Understand the criteria for granting bail and what factors courts consider in making these decisions. This quiz will deepen your comprehension of legal procedures surrounding bail in criminal law.