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Section history

Section 10 — Consent required for prosecution of certain offences

Consolidated view is experimental and may be broken for certain provisions.

Amendments
10.Consent required for prosecution of certain offences

(1)A prosecution for —

(a)an offence under section 172 to 188, 193 to 196, 199, 200, 205 to 211, 228, 376C, 376G or 505 of the Penal Code;Code (Cap. 224);1871;

(b)an offence under Chapter VA,5A, VI6 (except section 127) or XVIII18 of the Penal Code;Code 1871;

(c)an offence under Chapter XXI21 of the Penal Code;Code 1871; or

(d)an abetment of, or an attempt to commit, any offence referred tomentioned in paragraphs (a), (b) and (c),

must not be instituted except with the consent of the Public Prosecutor.

(2)A person may be charged or arrested, or a warrant for histhe person’s arrest may be issued and executed, and any such person may be remanded in custody or released on bail, notwithstandingeven thatthough the consent of the Public Prosecutor has not been obtained, but the case shallmust not be further prosecuted until that consent has been obtained.

(3)When a person is brought before a court before the Public Prosecutor has consented to the prosecution, the charge shallmust be explained to himthe person but hethe shallperson must not be called upon to plead.

(4)The consent of the Public Prosecutor —

(a)need not refer to a particular offence but may be expressed in general terms; and

(b)must as far as practicable specify the place in which and the occasion on which the offence was committed.

(5)No consent shall remainremains in force unless acted upon within one month from the date on which it was given.

(6)Subsections (2) to (5) shall also apply in respect of every consent of the Public Prosecutor which is required to be obtained under any other written law before proceedings in respect of an offence may be instituted.