SINGAPORE — Police officers may be allowed to search anyone suspected of an arrestable offence without a warrant, or compel a person to undergo forensic tests, among other enhanced powers under a new Bill tabled in Parliament.

On Wednesday (Jan 10), the Criminal Procedure (Miscellaneous Amendment) Bill was introduced by the Ministry of Law (MinLaw) and Ministry of Home Affairs (MHA) for a first reading.

In a joint statement, the ministries said that one of the aims of the proposed changes was to protect the public by "strengthening our levers" to tackle crime, including serious sexual crime.

Under the proposed Bill, the police will be allowed to search a person without warrant if they have reason to believe that the suspect is in possession of an item necessary for an investigation.

Right now, searches without a warrant can be done only if there is reason to believe that a suspect is unlikely to produce the relevant evidence when subjected to an order.

The new Bill also gives the police power to compel a person to undergo a forensic medical examination, by making it an offence for a suspect to not comply with such an order. 

New sentencing options for recalcitrant and egregious or serious offenders have also been proposed. These include a prison term where a criminal can be detained with no automatic release date unless assessed safe enough to be released.

Various stakeholders including criminal practitioners, legal academics and members of the public were consulted in preparation for the Bill, the ministries added.

BROADER ARREST, SEARCH POWERS

The Criminal Procedure Code currently allows the police to search a person without warrant for an item necessary for investigation, if the officer has reason to believe that the person is unlikely to produce the relevant evidence when subjected to an order.

“However, it is not straightforward to accurately determine at the outset that a person will not, or is unlikely to, comply with a production order,” the ministries said, adding that this could allow suspects to hamper investigations by causing delays in searches and tampering with evidence.

Therefore, the proposed change will empower the police to conduct such a search as long as they have reason to believe that the item is in the possession of a person reasonably suspected of having committed an arrestable offence.

Obstructing a police officer from conducting such a search would be deemed an arrestable offence that can attract a fine or a jail term, under the proposed change.

Ahead of the Bill's introduction, Law and Home Affairs Minister K Shanmugam had told the media that there was "no downside" to this change because "no one is worse off" when the police conduct such a search, regardless of whether the authorities find the evidence or otherwise.

“And if challenged, the police will show you why they reasonably suspected the person to have the evidence. This would make things easier for the police and law enforcement agencies on a day-to-day basis,” he said. 

Under the proposed changes, non-police officers from the Central Narcotics Bureau, Immigration and Checkpoints Authority and Singapore Prison Service will also be allowed to re-arrest people who have escaped from custody and to investigate and enforce bail and absconding offences that arise from predicate offences under their purview.

A predicate offence refers to the offence that the offender was first arrested for and thereafter released on bail or personal bond.

“This allows the law enforcement officer that is most familiar with the details of the case to conduct the necessary arrests or investigations,” MHA and MinLaw said.

'REASONABLY NECESSARY FORCE' FOR FORENSIC TESTS

The Bill tabled on Wednesday also proposes a new legislative framework that gives the police more power to compel a person to undergo a forensic medical examination. 

"Reasonably necessary force" will be allowed for forensic examinations that are not invasive or do not involve intimate parts. This can include buccal swabs — collecting DNA from cells inside the mouth — or taking of hair samples.

"But if it involves intimate parts, then force cannot be used," Mr Shanmugam said.

"The court can also draw conclusions from the fact that they are refusing to submit their samples."

It is not an offence if a victim of a suspected crime refuses to undergo such an examination. 

MinLaw and MHA said: “Forensic medical examination is conducted to obtain forensic evidence (such as taking blood samples or DNA swabs), which is critical for investigations, particularly those pertaining to serious sexual offences such as rape.”

Some types of forensic medical examinations cannot be substituted by other tests and can be time-sensitive because certain forensic evidence can be lost, degraded or contaminated over a short period of time.

In September 2022, Parliament passed a Bill to amend the Registration of Criminals Act and widen the police's ability to collect DNA samples from more crime suspects. 

During that session, Members of Parliament had raised concerns about data security, protecting vulnerable persons from being pressured to volunteer their DNA information, and safeguards put in place when allowing the reasonable use of force to obtain non-invasive samples.

GETTING CONSENT FOR FORENSIC TESTS

The proposed framework under the Bill tabled on Wednesday would require informed consent from alleged victims or their authorised decision-maker before a forensic medical examination can be done.

However, the examination may still be carried out in "exceptional cases" where informed consent cannot be obtained within a reasonable time and when a delay would result in a loss, degradation or contamination of evidence, the ministries said.

An example of an exceptional case is when the alleged victim is unable to provide consent due to a physical or mental condition and the authorised decision-maker would be unlikely to provide consent — such as when the decision-maker is being investigated in relation to the suspected crime, or has a motive to conceal the offence.

The proposed framework will also put in place safeguards for the conducting of forensic examinations.

These would include allowing only qualified medical professionals to conduct physical examinations, and for such examinations to be authorised by only police officers above a certain rank.