Legal Profession (Professional Conduct) Rules 2015 PDF

B24 CRI Taking instructions Obligations under the Legal Profession (Professional Conduct) Rules 2015 **Prosecution\'s** obligations under the LPC Rule 14(4) -- Obligation to inform the court **Defence** Counsel\'s obligations under the LPC Rule 9(2)(g)-(h), Legal Profession (Professional Condu...

B24 CRI Taking instructions Obligations under the Legal Profession (Professional Conduct) Rules 2015 **Prosecution\'s** obligations under the LPC Rule 14(4) -- Obligation to inform the court **Defence** Counsel\'s obligations under the LPC Rule 9(2)(g)-(h), Legal Profession (Professional Conduct) Rules 2015 Rule 14(3)(b) LPC -- Defending accused regardless of personal opinion Rule 14(5)(a)(i) -- Advising client to **[plead]** Rule 14(3)(c)-(d) -- **[Absence]** from criminal trial Rule 14(6) -- Continuing to act if accused **absconds** Rule 14(8) -- Disclosure of previous convictions Rule 14(5)(a)(ii) -- Evidence from accused (Silence) Rule 14(7) -- Mitigation plea Rule 14(3)(e) -- After conviction and sentence Rule 14(3)(a) -- Bail, must not provide surety \(i) **Before** he is charged, i.e. while Police investigations are on-going; or **[278 CPC]** Notice to Prosecution on the **[defence of alibi]** 107 Evidence Act - **Burden** of proving that case of accused comes within exceptions (i.e. burden to prove alibi is on the accused) 108 Evidence Act - **Burden** of proving **[fact especially within knowledge]** Rule **[9(2)(g)-(h)]**, Legal Profession (Professional Conduct) Rules 2015 **[A legal practitioner should not concot evidence]** **[s 200]** Penal Code - **False delcarations are** punishable s 201 Penal Code - Causing **disappearance** of evidence of an offence committed, or giving false information touching it, **to screen** the offender (10 years and/or fine) s 204A Penal Code - **[Obstructing course of justice]**, preventing, perverting or defeating course of justice (7 years and/or fine) s 213 Penal Code - **Taking gifts**, etc., to screen an offender from punishment (2 years and/or fine) Advise client to arrange for a bailor prior to being charged in court - **[Requirements of bailor]** If Client will be charged in Court in the coming days, advise him to arrange for a bailor. If on Agency bail, bailor is to be present in Court at Mention of case Sufficient security to be able to post Client's bail Bailor must bring Passport to Court, if not surrendered to the Investigation Agency earlier Bailor must be: a) Singapore citizen or PR b) Above 21 years old c) Not a bankrupt d) Not involved in the case \(ii) **After** he is charged Take client\'s **instructions** \[1\] Background **information** from Client 1\. Personal particulars 2. Academic Background 3. Employment Background 4. Family Background 5. Previous Antecedents, if any 6. Medical background, including Medical Reports 7. The Charge(s) 8. Statement(s) to Police 9. Alibi Notice, if any 10. Instructions whether to PG, CT or write to AGC to review case or charge(s) 11. Exhibits for Defence 12. Instructions to call for expert evidence for the Defence, if necessary \[2\] Must explain the charges and provide clarification if any doubts, explain that **there are 2 types of statements** \(i) 'cautioned statement' s 23 CPC 2010 - **[Accused must be informed of the charge and provided the opportunity to mention facts in his defence]** \(ii) 'long statement' s 22 CPC 2010 s22 (2) **[Right to silence]** \(2) The person examined is bound to state truly what the person knows of the facts and circumstances of the case, except that the [person need not say anything] that might expose the person to a criminal charge, penalty or forfeiture. s22(4) Statement **[must be read]** to the Accused \(4) Where a statement made by a person examined under this section is recorded in writing, the statement must --- (a) be **[read over to the person;]** (b) if the person does not understand English, be interpreted for the person in a language that the person understands; and (c) be signed by the person. \[3\] Written **representations** to AGC Written representations to AGC to review the charge(s): (i) reduce charge(s) (ii) proceed with lesser number of charge (iii) withdrawal of charge(s) To take instructions and advise Client on merits of Prosecution's case To plead guilty to charge(s) or claim trial If plead guilty, to receive instructions and obtain details and background of Client Always obtain documentary evidence in support Obtain Client's approval of the draft representations before submitting to AGC False representations may render Client liable to prosecution for an offence under **[Section 182 Penal Code]** **[s182 CPC]** - must not give **false information** (2 years and/or fine) representations to the prosecution are without prejudice and may not be used in court against the other party in court. Knight Glenn Jeyasingam v PP \[1999\] 1 SLR(R) 1165 \- Reps addressed to police can attract privilege, just like reps to AGC Ng Chye Huay and anor v PP \[2006\] 1 SLR(R) 157 \[4\] Should the Accused person **plead guilty** / What is his defence? Rule 14(5)(a)(i) -- Advising client to **[plead]** If case under **Criminal Case Disclosure Conference (CCDC)** CCDC procedures apply: **(a) Automatic qualification** for offences (1) which are specified in the Second Schedule of the CPC and (2) are to be tried in a District Court (s 159(1) CPC) unless the accused opts out of the CCDC procedures (s 159(2) CPC). o **Offences specified in the Second Schedule CPC** include offences under the Penal Code, Misuse of Drug Act, Sedition Act. **(b) Opt-in:** The CCDC may also apply to offences not falling within s 159(1) CPC if all of the parties, including the prosecution, consent for CCDC to apply **NB: THE ACCUSED HAS A UNILATERAL CHOICE TO OPT OUT -- Prosecution has no say** If case is under the CCDC regime, must advise Client that his Defence must not be inconsistent with information he gave the Investigation Officer and recorded in Statement(s) Bail Is it a bailable offence? Bailable offence Causing Hurt: This involves causing physical pain or injury to another person without severe consequences1. Theft: Taking someone else\'s property without their consent with the intent to permanently deprive them of it1. Mischief: Causing damage to property with the intent to cause loss or inconvenience to the owner1. **[5th Column First Schedule]** CPC 92(1) CPC - Bail must be **[offered as of right]** 92(3) CPC - police bail order if accused tends to abscond No bail if there is evidence that the accused person does not intend to surrender to custody (Rule 5(1)(i) Criminal Procedure Rules) Non-Bailable Offence **Murder**: The unlawful premeditated killing of one human being by another1. **Kidnapping**: Taking someone away illegally by force, typically to obtain a ransom1. **Rape**: Unlawful sexual activity carried out forcibly or under threat of injury against the will of a person1. s95(1) CPC Must not be released if punishable by death or life imprisonment / non-bailable offence s95(1) CPC **[exceptions]** to \'obligation to release\' s 93(1) CPC - Bail ***may*** be granted at court\'s discretion s93 (2) CPC - Court to grant bail if no reasonable grounds accused there are **[no reasonable grounds for believing]** that the accused has committed a non‑bailable offence, the police officer or court must release the accused, subject to Rule 5 CPC. s93(3A) - Court\'s discretion to order personal bond s93(3B) CPC - Court\'s discretion to order police bail Rule 5 Criminal Procedure Rules Accused perons bears to the burden of proof for the court to grant bail (Selvamsylvester) and should not be a flight risk (Gurcharan) Other factors considered by the Courts **(Yin Yang Factors**) [In addition to the Respondent's flight risk, the other relevant circumstances] included: [o (a) the **Respondent's other sources of funds;**] o (b) the **Respondent's admission to creating fictitious receipts** to show that payments had been made to his company; o (c) the **nature of the charges** under s 477A of the Penal Code which were not inconsequential; and o (d) the fact that there was **little risk of the Respondent being kept in remand for an unreasonable period of time** s93(5) CPC - Accused on bail may still be arrested **Conditions** of bail attendance as required, surrender of travel documents, attendance for investigations or in court, non-commission of offence; non-interference with witnesses, No leaving Singapore without permission of police/court electronic tagging, supervision **[s103 (5) CPC] Breach** of bail conditions may be arrested without warrant **Quantum** of bail is not to deter an accused from flight. It is **primarily to be sufficient to ensure that the bailor will not shirk from his or her duties as bailor, and that the accused will not wish to see his bailor impoverished by a forfeiture of the bail money**. Ewe Pang Kooi s 96 CPC **[Agency Bail]** c/f Court Bail **[Consequences]** of not posting bail Criminal Case Disclosure Conference (CCDC) Problem: **[The Case for the Defence, once submitted, cannot be changed, contradicted or claim ignorance of.]** Subtopic **[When]** does CCDC apply? IT applies when the accused is **[claiming trial for the charges AND if the Accused opts-in]** (s159(2) CPC) CCDC Statutory requirements Offences in the Second Schedule and to be tried in a District Court Option to opt in for CCDC (for offences which do not fall within definition above) / opt out (for offences which do fall within) s157-171 CPC s159 CPC - accused may **[opt-in/ opt-out]** s227(5) CPC s160 CPC - **[Purpose]** of the CPC **settling the following matters: (a) The filing of the Case for Prosecution and the Case for the Defence; (b) Any issues of fact or law which are to be tried by the trial judge at the trial proper; (c) The lists of witnesses to be called by the parties to the trial; (d) The statements, documents or exhibits which are intended by the parties to the case to be admitted at the trial; (e) The trial date.** **[Which court]** does CCDC apply to? Applies to District Court (not Magistrate Court) **[Two Differences]** between CCDC in the State Court and High Court Statutory requirements **[What]** needs to be disclosed s162 CPC - **[Prosecution]** must show **[recording of statements to the Defence]** (Case for the Prosecution) s166 CPC - Prosecution's and Defendant's Supplementary Bundle (Prosecution\'s Supplementary Bundle) s165 CPC - **[Defence]** must contain any **[issue of fact or law (]**Cause for the Defence) **[When]** does it need to be disclosed s164 CPC - Where the accused is unrepresented s166 CPC- Prosecution to disclose aduiovisual recording s166(4) Defence Bundle s167 CPC - **[CCDC Timeframes]** Court must fix CCDC date within **[8 weeks]** from the opt-in (s161(1) CPC) s161 CPC Prosecution must file its case within **[2 weeks]** (s151(2) CPC) Summary of facts List of exhibits Accused statements (transcript) List of witnesses s163 CPC - Defence must be filed no later than **[2 weeks]** Summary of the Defence Summary of the facts for the Defence List of Defendant\'s witness Exhibitis Any objection of fact / law s167 CPC - Accused may plead guilty s169 CPC - Failure to serve cases may result in discharge not amounting to acquittal s168 CPC - Co-accused subsequent charge **[s210 CPC]** **[Transmission]** of case to General Division of **[High Court]** **[s264 CPC]** Evidence by **[conditioned statement]** Iswaran case? **[s258A]** and s258B CPC - Admissibility of CFD and CFP at trial Common law requirements **Kadar** disclosure obligation Presumption of Regularity **[What]** needs to be disclosed: Exclupatory evidence, Inculpatory evidence, neutral evidence, inconsistent statements, prior onvictions of witnesses When is disclosure needed - **[Pre-trial]** **Nabil** disclosure obligation **[What]** needs to be disclosed = All relevant information in order for Accused to decide whether to call a material witness Roshdi clarification When is disclosure needed **Consequences** of non-disclosure = If the non-disclosure of **[clearly admissible evidence]** has a **[causal link with the wrongful conviction, then the conviction may be unsafe / overturned]** Important guidances for Kadar and Nabil Pleading Guilty What happens when the accused challenges an element of the charge(s) against him/her? What happens when either the Prosecution or accused challenges a fact that is material to sentencing? What happens when an accused person changes his/her mind midway through pleading guilty? Procedure at PG hearings s227(1) CPC - Charge must be **[read]** and **[explained]** to the Accused. s227(2) CPC - Accused must understand the **[nature and the consequences]** of pleading guilty (1) **[Statement of Facts]** - **[must contain all the essential ingredients]** There is a legal duty on the parties to agree on the SOF (Biplob Hossain Younus Akan ). If there is doubt as to the sufficiency of the SOF, the court should decline to record the plea of guilt (2) **[Validity of Plea]** Nature and consquences of pleading guilty - **he may not appeal against his conviction** Court should not accept Accused person\'s PG (Rafiqul) How did the Accused qualify his PG? (3) **[Newton Hearing - During sentencing]** A newton hearing is needed when PG is accepted but there is **[a curcial fact affecting sentencing]** **[s228(5) CPC]** - the matter **must affect the sentence** General Rule: Burden of proof on the Prosecution if fact in dispute is **\"very fundamental\"** to the Prosecution\'s case (4) Charges Taken Into Consideration (**[TIC]**) **[One- transaction Rule:]** The purpose of the one-transaction rule is to ensure **[sentences run concurrently when consecutive sentences are not appropriate]**. The general rule is that **[custodial sentences]** for **[unrelated offenses]** must run **[consecutively]**, following the general rule. s148(1) CPC The court may take into consideration with the consent of both parties Procedure Court\'s discretion whether to consider the offence or not (Mok Ping Wuen) (5) **[Antecedents]** s2(1) CPC - definition of a criminal record s228(2) CPC - Addressing the court on sentence Court may **compound antecedents** for the sentencing purposes (Koh Thiam Huat \[2017\] 4 SLR 1099) (6) Address on sentence/ Mitigation s228(3) CPC - Court must hear plea in mitigation s228(4) CPC - Court **[must reject plea in mitigation if plea is qualified]** Rule 14 (7) LPC - must not insult or anoy any person (7) Pronouncement of Sentence & Consequential Orders s318 CPC - Deferment of sentence **[Factors]** court would consider in application to defer sentence (Loh Kok Siew) Fines - amount to be imposed s319(1)(b) Payment of fines s147 CPC - Withdrawal of remaining charges on conviction on one of several charges s364 CPC - disposal of property by the court (8) **Retraction** of Guilty Plea There must be valid and sufficient grounds and in the interest of justice (Rafiqul) for the retraction to be accepted If retraction is accepted, then reopen case for trial, and if the accused is found guilty, the intial guilty plea and subsequent retraction **[may result in harsher sentence.]** Pre-Trial negotiations 1\. Proceeded charges/ charges taken into consideration 2\. Negotiation on agreed statement of facts (**ASOF**) and sentencing position 3\. Representations to AGC 4\. Criminal Case Management System (**[CCMS]**) meetings 5\. Criminal Case Resolution Sentencing Advisory panel guidelines The Trial \[2\] Case for the Prosecution s230(1) CPC - Charges will be read to the Accused, and the Accused will have to elect whether to remain silent or give evidence. Opening Statement, if any, will be read Prosecution calls its witness s263 CPC - Report by a qualified person may be used as evidence without calling the qualified person Cross-examination by Defence s140(3) Evidence Act - Order of examinations and direction of re-examination s136 Evidence Act - No particular number of witnesses shall be required for the proof of any fact. After proving its case, the Prosecution can offer its remaining witnesses to the Defence. When should an **adverse inference** be drawn? S.116, illustration (g) Evidence Act -- The court may presume that evidence which could be and is not produced would, if produced be unfavourable to the person who withholds it. Materiality of the witness is paramount Satli bin Masot v Public Prosecutor \[1999\] 1 SLR(R) 931 at \[20\]-\[23\] Beh Chew Boo v PP \[2020\] 2 SLR 1375 \[3\] Test at the **[close]** of the Prosecution\'s case - **[Is there a case for the defence to answer?]** Charges are dismissed if No Case to Answer Haw Tua Taw v PP \[1981-1982\] SLR(R) 133 at \[17\] Close of Prosecution\'s case (Wong Wee Kong) s230(1)(k) & (j) CPC - Acquittal or give defence? \[3\] **[Amendment]** of the charge The role of the Court in amending the charge PP v Tan Khee Wan Iris \[1994\] 3 SLR(R) 168 at \[7\] -- \[10\] s230(1)(g) CPC - **[Procedure]** of the court to alter the charge s128 CPC - Court may alter or frame new charge s129 CPC - Trial after alteration of charge or framing of new charge s130 CPC - Stay of proceedings if altered or new charge requires Public Prosecutor's consent s131 CPC - Recall of witnesses on trial of altered or new charge \[4\] Case for the **Defence** = Demonstrate that there is a **[reasonable doubt in the prosecution\'s case]** by presenting evidence and arguments that challenge the credibility, reliability, or sufficiency of the prosecution\'s evidence. The defence may also present alternative explanations or alibis that suggest the accused did not commit the crime. **[Defendant gives evidence first, followed by Defendant\'s witness]** s291 (1) CPC - Accused not to give evidence except on oath or affirmation \[5\] **Recalling** witnesses 283(1) CPC - Power of the court to summon and examine persons This discretion should be exercised **[sparingly]** and **[judiciously]** to the just decision of the case (Sim Cheng Hui v PP \[1998\] 1 SLR(R) 670 at \[30\] If the Court thinks that the person's evidence is essential to making a just decision in the case, the Court must re- call or summon the witness (S.283(2) CPC). If the charge is altered or a new charge framed by the court, parties must be allowed to re-call any witness with reference to the amended charge, unless the Court thinks the application is frivolous or vexatious. (S.131 CPC) \[6\] **Rebuttal** witnesses At the close of the Defence's case, the Prosecution has the right to call or re-call any person for the purpose of rebuttal. Any such witness shall be liable to be cross-examined by the Defence. (S.230(1)(t) CPC) \[6.1\] Calling additional witnesses requires prior notice in accordance with **[s231 CPC]** \[7\] **Closing submissions** & judgement Closing submissions will first be made by the Defence (S.230(1)(u) CPC) Final right of reply lies with the Prosecution (S.230(1)(v) CPC) The case against the accused must be proven **[beyond a reasonable doubt]**. Jagatheesan s/o Krishnasamy v PP \[2006\] 4 SLR(R) 45 at \[61\] PP v GCK & Anor \[2020\] 1 SLR 486 at \[131, 134 and 135 The burden of proof always lies with the Prosecution. A tenuous and inadequate defence does not discharge the Prosecution's burden See Tan Edmund v PP \[1995\] 1 SLR(R) 618 at \[15\] If the Court finds the accused not guilty, it must order a discharge amounting to an acquittal (S.230(1)(w) CPC) If the Court finds the accused guilty, it must record a conviction and comply with the procedure under S.228 CPC to deal with the issue of sentence. (S.230(1)(x) CPC) Prior inconsistent statement **Impeachment** procedure s157 Evidence Act You must give the witness the **[opportunity to explain the difference]** between his testimony in court and what he has stated in this witness statement. Only thereafter, can the Defendant\'s counsel make the assertion that the witness should not be believed. Even if the witness is impeached, it does not mean that the entire testimony is struck out. **[Only portions inconsistent will be struck out]**. Public Prosecutor v Heah Lian Kin \[2002\] 2 SLR(R) 745 Kwang Boon Keong Peter v Public Prosecutor \[1998\] 2 SLR(R) 211 at \[21\] **[Procedure]** \"Forgetful witness\" Effect of successful impeachment (s147(3) and 147(6) EA)) Appeals CPC Provisions 373\. Interpretation of this Part 374\. When appeal may be made (**cannot appeal against CCDC, no right of appeal until sentenced.**) 375\. Limited right of appeal against plea of guilty (i.e. **only on the legality of the sentence)** 376\. Appeal against acquittal and sentence in private prosecutions (**No appeal against sentence or acquital**) 377\. Procedure for appeal **(Notice of Appeal within 14 days after the date of the sentence (377(2)(a))**) 378\. Petition of appeal (petition to be filed within **14 days** or be appeal be treated as **withdrawn** (378(3))); **limited** grounds for appeal (s378(6)) 379\. Records of court proceedings to be sent to appellate court and respondent 380\. Appeal specially allowed in certain cases (Court to decide as it **deems fit** the terms and conditions of the Appeal) 381\. Procedure when appellant in prison 382\. Bail pending appeal 383\. Stay of execution pending appeal 384\. Summary **rejection** of appeal if no question of law 385\. Notice and time of hearing 386\. Appeal to be heard by one or more Judges 387\. Procedure at hearing 388\. Non-appearance of respondent (May be heard in the Respondent\'s **absence** or adjourned of properly served) 389\. Arrest of respondent in certain cases 390\. Decision on appeal (Court may make such order as it **[deems fit]**) 391\. Omission to frame charge 392\. Taking additional evidence 393\. Death of party to appeal 394\. Grounds for reversal by appellate court 394A. Public Prosecutor to file petition for confirmation 394B. Court of Appeal to review sentence of death 394C. Powers of Court of Appeal in petition for confirmation 394D. Permission for parties to be heard 394E. Orders on review (**Court must set aside death sentence**) 409\. Costs Key points Statutory framework for appeals Types of appeals 386 CPC - MAs are usually heard by one judge but the CJ can direct three or more judges (must be an uneven number) to hear an appeal if it involves an important point of law (e.g. novel sentencing framework or issue) Appeals before the Court of Appeal **[7th column of the First Schedule]** to the CPC **Convictions**: Any conviction by a court can be appealed. **Sentences**: The sentence imposed by the court can also be appealed. **Orders**: Certain orders made by the court, such as orders for compensation or restitution, can be appealed. What can appeals be made? - Orders of finality and not interlocutory rulings or orders Ang Cheng Hai v Public Prosecutor \[1995\] 3 SLR(R) 151 when? ** Who** can appeal? - Only a **[party]** in a criminal case or matter may appeal against any judgment, sentence, or order, can appeal (s377(1) CPC) Appeal by Public Prosecutor (s374(1) CPC) As a matter of public policy, the prosecution is not restricted from appraling against excessive sentence (Public Prosecutor v Lim Choon Teck \[2015\] 5 SLR) Appeal by the Accused (s375 CPC) **[ Procedure]** -- see especially: Documentary requirements for Appeal Notice of appeal **[14 day timeframe (s377(2) CPC)]** substantive requirements of the NOA (s377(3) CPC) NOA Format Form 66 CPR NOA triggers Grounds of Decision and Record of Proceedings Petition of appeal (**[14 days]** to lodge petition of appeal s378(1) and (2) CPC) Petition of Appeal Form 67 CPR Substantive restrictions on the Petition of Appeal (s378(6) CPC) - **[Cannot raise new grounds not present in the Notice of Appeal]** **[Time extension]** to file appeal (s380(1) CPC) PP v Tan Peng Khoon, relating to the threshold for granting extensions of time, will NOT be tested owing to recent developments in the Court of Appeal in September 2022. These developments took place after the course outline was finalised. **Withdrawal** of appeal s378(5) CPC s378(4) CPC ** Stay of execution** of sentence pending appeal (s383(1) CPC) Public Prosecutor v Adith s/o Sarvotham \[2014\] 3 SLR 649 at \[29\]: Admission of **fresh evidence** on appeal (s392 (1) CPC) s390(1) CPC - In an appeal from **conviction,** Court may reverse, alter or enhance the sentence s390(4)-(8) CPC - Court may alter charge GDC v PP \[2020\] 5 SLR 1130 at \[29\] s390(3) CPC - Appeal against **sentence** Wong Tian Jun De Beers v Public Prosecutor \[2021\] SGHC 273 s394 CPC - The court must be satisfied that there is an error in law or excessive sentence, for there to be a **reversal** Criminal Revisions - **wh**at is Criminal Revision? - Criminal revisions are used when an order is not just **[manifestly inadequate or excessive but is fundamentally wrong]**. Criminal revision involves **[asking the High Court to exercise its revisionary or supervisory power over a subordinate lower court]**. This is typically done when something illegal or palpably wrong has occurred Differences from Appeals and Criminal Motions: Unlike appeals, which are standalone processes, criminal revisions are used to address clear errors on the face of the record. For example, if a district judge in a state court sentences someone to a punishment they have no power to impose, this would be a case for criminal revision1 **When** can Court revisionary jurisdiction obe invoked? - **[at any time:]** Before trial In the course of a trial As an appeal is ongoing Oon Heng Lye v Public Prosecutor \[2017\] 5 SLR 1064: - require a demonstration not only that there has been **[some error but also]** that **[material and serious injustice has been occasioned as a result]**. One common example of "serious injustice": Lower court imposes a sentence outside the prescribed punishment. This triggers the exercise of revisionary powers. 400\. Power to call for records of State Courts 401\. Powers of General Division of High Court on revision Yin Yang s374 (5) No appeal against order made by Magistrate, District judge , the State Court registrar or the Registrar of the Supreme Court in any CCDC 402\. Orders on revision The threshold for revision in relation to CCDC orders is the same as that when the High Court is called to exercise its more general powers of revision. Read \[67\] to \[71\] of Li Weiming for a better appreciation of the salient considerations. 403\. Permission for parties to appear 404\. Power to revise orders made at **[CCDC]** Criminal Revision Criminal Motions **What** are Criminal Motions? A criminal motion is not a standalone action like an appeal. It is typically attached to another matter before the court. For example, a criminal motion might be filed to introduce fresh evidence that can be used in an appeal or to request bail for an accused pending the outcome of the trial 3\. Comparison with Appeals and Revisions: Unlike appeals, which are standalone actions against a court\'s decision, **[criminal motions are supplementary]**. They are also different from criminal revisions, which involve asking the High Court to exercise its supervisory power over a lower court due to an illegal or palpably wrong order 408\. Adjournment of Criminal Motion may be adjourned from time to time 405\. Motion **[Important:]** Amarjeet Singh v PP \[2021\] 4 SLR 841 clarifies the ambit of a criminal motion (see \[27\] -- \[28\] and \[33\] in particular). **[Cannot be a means for parties to circumvent the general rule against appeals for interlocutory or procedural rulings.]** 406\. Notice of motion (**[7 day notice prior to the hearing]**) s406(2) Service of the criminal Motion Notice must be filed **[7 days]** before the hearing 407\. Form and issue of notice of motion 408\. Adjournment of hearing 408A. Dealing with motion in absence of parties, etc. 408B. Decision or order affecting lower court Forms Form 72: General Form 73: Variation of Bail Form 74: Extension of time Form 75: Adduction of further evidence Ancillary Matters A. The Power to Seize Certain Property s35(a) CPC - Police have the power to seize any property s78(1) CPC - Search and seize property from person or place B. Procedure Governing Seizure of Property s370 CPC - Seized property must be reported to Magistrate\'s Court C. Power of Court to Order Disposal of Property Section 371 provides the procedure where person entitled to property referred to in s 370 is known. Section 372 provides the procedure where person entitled to property referred to in s 370 is unknown or cannot be found. Pursuant to section 364(1), during or at the conclusion of an inquiry or trial under the CPC, the court may make an order as it thinks fit for the disposal of any property produced before it. \*The court possesses a relatively wide discretion. D. Disposal Orders Magnum Finance Bhd v PP \[1996\] 2 SLR(R) 159 Court\'s wide discretion E. Forfeiture **When** is forfeiture of property mandatory and **when** is it discretionary? Depends on a statutory interpretation of the relevant legislative provisions read with s364(2) CPC. Principles F. Confiscation Orders