When are the powers under the Criminal Law (Temporary Provisions) Act used?

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The powers of detention under the CL(TP)A are used sparingly, and only where court prosecution is not possible. Prosecution in court remains the preferred course of action under Singapore’s criminal justice system.

However, there are instances where prosecution is not feasible. For example, when accomplices and witnesses are unwilling to testify in court for fear of reprisal. In such instances, the Act is used as a measure of last resort.

There are safeguards on the use of the powers under the CL(TP)A. It is only where necessary and justified, in the interests of public safety, peace, and good order. The safeguards include:

a) There is a 16-day timeline between the time when a person is arrested under the CL(TP)A and the issuance of a Detention Order. This ensures that investigations are carried out and concluded promptly.

b) The Public Prosecutor’s consent must be sought before any Detention Order (DO) or Police Supervision Order (PSO) is issued.

c) All Orders are reviewed by an independent Criminal Law Advisory Committee (CLAC), which is chaired by a sitting Judge of the Supreme Court of Singapore and comprises respected members of society. The CLACs will consider all the materials that the Minister had relied upon for the issuance of the DO or PSO. Detainees are informed of the grounds of their detention and may be legally represented before the advisory committee. The CLAC will then review the matter, and make its recommendation to the President, who may cancel, confirm or vary the Orders on advice of the Cabinet.

d) Every detainee’s case is reviewed by a separate CLAC at least once annually, which will make a recommendation to the President on the detainee’s suitability and readiness for release. A third CLAC reviews detention cases that are being considered for extension beyond 10 years.

When are the powers under the Criminal Law (Temporary Provisions) Act used?

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