There are various avenues to alert the authorities/police (https://www.msf.gov.sg/policies/Strong-and-Stable-Families/Supporting-Families/Family-Violence/Pages/default.aspx):
Overall, this would be governed by the CPC (Chapter 68, 2012 Rev Ed). If the police officer has reason to suspect that an arrestable offense has been committed, they must investigate and if appropriate, arrest the offender and report the case to the public prosecutor (Section 17 of the CPC). If it is a non-arrestable offense, the police officer must investigate the case and record their reasons if they decide not to investigate the case (Section 16 of the CPC).
If the offense is arrestable in nature, the police can arrest without a warrant. If not, the police must obtain a warrant of arrest from the court. The definition of "arrestable offense" and "arrestable case" under the CPC, respectively, an offense for which and a case in which a police officer may ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law.
Relevant (non-exhaustive) arrestable offenses in the Penal Code (third column of the First Schedule of the CPC):
Relevant non-arrestable offenses in the Penal Code:
Where a person is arrested, they must be informed as soon as may be of the grounds of their arrest and must be allowed to consult and be defended by a legal practitioner of their choice. (Section 9(3), Constitution of Singapore).
Courts have interpreted Section 9(3) that the accused has to be given access to legal counsel "within a reasonable time after their arrest" (James Raj s/o Arokiasamy v. Public Prosecutor [2014] 3 SLR 750).
This applies to both arrestable and non-arrestable offenses.
This question is addressed below in relation to the questions on requirements for evidence, documents and standard of proof.
The CPC and the Evidence Act (Chapter 97, 1997 Rev Ed) are the main legislation governing evidence for criminal cases.
CPC
1. Division 2 – Search and seizure governs when a search warrant can be issued, the powers of police officers and other persons issued with a search warrant when conducting a search and the seizure of property.
2. A search warrant can be issued to another person who is not a police officer (Section 28(1) of the CPC).
3. A court may issue a search warrant if, among others, it considers that a search will serve the purposes of justice or of any investigation, inquiry, trial or other proceeding under the CPC (Section 24(1)(c) of the CPC).
4. A court may issue a search warrant for wrongful confinement of a person (Section 30 of the CPC).
5. A police officer investigating an arrestable offense may search without a search warrant if (Section 34(1) of the CPC):
(a) they considers the thing necessary for their investigation and if they have reason to believe that a person who has been issued with an order to produce the document or thing will not or is unlikely to produce it
(b) they have reason to believe that the thing that they considers necessary for their investigation is likely to be removed
(c) it is not known who possesses the thing that they consider necessary for their investigation
6. The occupier/any person in charge of a place must allow the police officer free entry and provide all reasonable facilities for executing a search under Division 2 of the CPC (Section 31(1) of the CPC).
7. If free entry cannot be obtained, then the police officer may break down the door or use any other reasonable means to gain entry (Section 31(2) of the CPC).
8. Part XIV, Division 2, Admissibility of certain types of evidence.
9. Any statement of an accused may be admitted as evidence in court, unless (Section 258(1)):
(a) the statement was made to a police officer below the rank of sergeant (Section 258(2))
(b) if the statement appears to have been caused by inducement, threat or promise in reference to the charge from a person in authority, which would give the accused reasonable grounds for supposing that they would gain advantage or avoid any evil in reference to the proceedings against them (Section 258(3))
10. The court may draw relevant inferences from a failure to mention a fact that the accused relies on later in their defense, if such a fact was something that they could reasonably be expected to mention when questioned. (Section 261(1))
11. The court can draw such inferences to determine: (a) whether to commit the accused for trial (Section 261(1)(a)) (b) whether there is a case to answer (Section 261(1)(b)) (c) whether the accused is guilty of the offense charged (Section 261(1)(c))
Evidence Act
1. Burden of proof lies with the prosecution to prove its case (Section 103(1) of the Evidence Act).
2. The burden of proving the existence of circumstances bringing the case within any of the general exceptions in the Penal Code or within any special exception or proviso contained in the Penal Code is on the accused, and the court will presume the absence of such circumstances (Section 107 of the Evidence Act).
Ex parte originating summons are usually used in domestic violence for an application of a Protection Order or Expedited Protection Order under the PHA (Chapter 256A, 2015 Rev Ed), the Women's Charter (Chapter 353, 2009 Rev Ed) or the Vulnerable Adults Act 2018.
PHA
1. For a Protection Order, the court has to be satisfied on a balance of probabilities (Section 12(1) and (2) of the PHA).
2. For an Expedited Protection Order, the court has to be satisfied that there is at least some evidence that (Section 13(1) of the PHA):
Women's Charter
Vulnerable Adults Act
1. If the person is 18 years and older, and by reason of mental or physical infirmity, disability or incapacity, incapable of protecting himself or herself from abuse, neglect or self‑neglect, then they would fall under the provisions of the Vulnerable Adults Act.
2. The court can order:
3. Provided that the court is satisfied on a balance of probabilities that the person making the application has reason to believe that (Section 12(1) and Section 14(1)):
4. The court can also make an expedited order for Section 14(e)-(h) if the court is satisfied on a balance of probabilities that the vulnerable adult is experiencing, or is in imminent danger of, abuse, neglect or self‑neglect (Section 15(1)).
5. The court may make the expedited order even if it is not served on the abuser or on the respondent within a reasonable time before the hearing of the application, or where it has been served, when the respondent does not appear at the hearing of the application (Section 15(2)).
There are general defenses available in the Penal Code (Chapter 224, 2008 Rev Ed) under Chapter IV that applies to all offenses:
1. Mistake of fact: Nothing is an offense if the accused did it by reason of a mistake of fact or in ignorance of a fact in good faith believes himself/herself to be bound or justified by law in doing it (Section 79(1)).
2. Unsound mind: Nothing is an offense if the person at the time of doing it by reason of unsoundness of mind is (Section 84):
3. Intoxication: Nothing is an offense if by reason of intoxication the accused (Section 85(2)):
The fault element depends on the offense that the accused is charged with, it refers to any state of mind, proof of which is needed to establish liability under that offense, including but not limited to intention, willfulness, knowledge, rashness and negligence (Section 22A(1) of Penal Code).
Some offenses do not require a fault element (i.e., strict liability offenses).
There are several offenses in the Penal Code that govern providing false information:
1. Furnishing false information: where victim provides false information that they knows or has reason to believe to be false (Section 177(1)), it is punishable:
2. False information with intent to cause a public servant to use their lawful power to the injury of another person: where the victim provides false information that they knows or has reason to believe to be false, intending to cause or knows it to be likely that it will cause the public servant to exercise their lawful power to the injury or annoyance of any person (Section 182). This is punishable with imprisonment of up to two years, a fine or both
3. Giving false information with respect to an offense committed: where the victim had knowledge or had reason to believe that an offense has been committed, and gives information with regard to that offense that they know or believes to be false (Section 203). This is punishable with imprisonment up to two years, a fine or both.
There are a few general defenses in the Penal Code that relate to consent:
Self-defense is a full defense: exercising the right of private defense (Section 96 of the Penal Code).
Preconditions:
Elements to establish private defense:
Unsoundness of mind (insanity) is a full defense (Section 84 of the Penal Code).
Nothing is an offense if the person at the time of doing it, by reason of unsoundness of mind, is:
Giving false evidence: Whoever, being legally bound by an oath or by any express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement that is false and that they either know or believes to be false, or does not believe to be true, is said to give false evidence (Section 191 of the Penal Code).
If false evidence is given at any stage of judicial proceeding, they can be imprisoned for up to seven years and liable to a fine, and if false evidence is given in any other case, they can be imprisoned for up to three years and be liable to a fine (punishable under Section 193).
Using evidence known to be false: Whoever corruptly uses or attempts to use as true or genuine evidence any evidence that they know to be false or fabricated, will be punished in the same manner as if they gave or fabricated false evidence (Section 196).
False statement made in any declaration that is, by law, receivable as evidence: Whoever, in any declaration that is made to any court of justice or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement that is false and that they either know or believes to be false, will be punished in the same manner as if they gave false evidence (Section 199).
Intentional omission to give information of an offense by a person bound to inform: Whoever, knowing or having reason to believe that an offense has been committed, intentionally omits to give any information respecting that offense, which they are legally bound to give, will be punished with imprisonment for a term that may extend to six months, or with a fine, or both (Section 202).
Giving false information respecting an offense committed: Whoever, knowing or having reason to believe that an offense has been committed, gives any information respecting that offense that they know or believes to be false, will be punished with imprisonment for a term that may extend to two years, or with a fine, or both (Section 203).
Situations in which the witness can abstain from testifying:
Situations in which the witness must still testify:
This question is addressed below through the questions on whether children can testify and the penalties if the victim is a child.
Yes, per Section 120 of the Evidence Act. All persons must be competent to testify unless the court considers that they are prevented from understanding the questions put to them or from giving rational answers to those questions by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.
Hence, unless the court deems that the child is unable to understand the questions asked or is unable to provide rational answers to those questions, children can be called upon to testify.
Per Section 62A(1)(a) of the Evidence Act, if the proceedings are not criminal proceedings, and if the witness is below 18 years of age, they may, with the leave of the court, give evidence through a live video link.
Per Section 153(1) of the Women's Charter, if the accused is charged with an offense under Part XI of the Women's Charter, or with section 354, 354A, 375, 376, 376A, 376B, 376C, 376D, 376E, 376F, 376G or 377B of the Penal Code in respect of any woman or girl, the court may order all proceedings to be dealt with in camera.
In terms of sexual offenses, there are specific offenses relating to underage victims in the Penal Code that do not require the lack of consent to be proved, or allow consent as a defense.
(a) Whether the accused's relationship with a person under 18 is exploitative depends on the following factors:
(i) age of the minor
(ii) difference between the ages of the accused and the minor
(iii) nature of the relationship
(iv) degree or control exercised by the accused person over the minor
Section 377CA(2) lists some relationships that are presumed to be exploitative unless the contrary is proved. These include relationships of trust: parent/child; teacher/student; doctor/patient; counsellor/client, etc.
These depend on what particular offense the offender has been charged with. For a violation of protection orders under the PHA or the Women's Charter, see point 5.5.3 below.
For offenses under the Penal Code, below is a non-exhaustive list along with their range of penalties:
The offenses that are listed in the above point are all criminal and, hence, when convicted, the offenders are liable to a fine, imprisonment or caning.
Violating an existing order of protection also constitutes an offense, for either contempt of court or a criminal offense under the Women's Charter.PHA
Women's Charter
Under Section 65(8) of the Women's Charter, willful violation of a protection order or expedited order made under the Women's Charter is an offense and is punishable with a fine not exceeding SGD 2,000, imprisonment for up to six months or both. In the case of a subsequent conviction, it is punishable with a fine not exceeding SGD5,000, imprisonment not exceeding 12 months or both.
Vulnerable Person's Act