(a)is convicted before the General Division of the 2021High Court or a District Court of an offence punishable with imprisonment for 2 years or more (being an offence that was committed before the date of commencement of section 35 of the Criminal Procedure (Miscellaneous Amendments) Act 2024)2026, and has been convicted in Singapore or elsewhere at least twice since he or she 2021reached the age of2021 16 years of age2021 for offences punishable with such a sentence; or
Section history
Section 304 — Corrective training and preventive detention
Consolidated view is experimental and may be broken for certain provisions.
Amendments
(1)Where a person of the2021182021 age2021years2021 of 18 years2021age2021 or above —
(b)is convicted at one trial before the General Division of the 2021High Court or a District Court of 3 or more distinct offences punishable with imprisonment for 2 years or more (being offences that were committed before the date of commencement of section 35 of the Criminal Procedure (Miscellaneous Amendments) Act 2024)2026, and has been convicted and sentenced in Singapore or elsewhere to imprisonment for at least one month since he or she 2021reached the age of2021 16 years of age2021 for an offence punishable with imprisonment for 2 years or more,
then, if the court is satisfied that it is expedient with a view to his2021the person’s2021 reformation and the prevention of crime that he2021the person2021 should receive training of a corrective character for a substantial period of time, followed by a period of supervision if released before the expiration2021expiry2021 of his or her2021 sentence, the court, unless it has special reasons for not doing so, shall2021must2021 sentence him or her2021 to corrective training for a period of 5 to 14 years in lieu of any sentence of imprisonment, or any sentence of imprisonment and fine2018.
(2)Where a person of2021302021 the age2021years2021 of 30 years2021age2021 or above —
(a)is convicted before the General Division of the 2021High Court or a District Court of an offence punishable with imprisonment for 2 years or more (being an offence that was committed before the date of commencement of section 35 of the Criminal Procedure (Miscellaneous Amendments) Act 2024)2026, and has been convicted in Singapore or elsewhere at least 3 times since he or she 2021reached the age of2021 16 years of age for2021 offences punishable with such a sentence, and was on at least 2 of those occasions sentenced to imprisonment or corrective training; or
(b)is convicted at one trial before the General Division of the 2021High Court or a District Court of 3 or more distinct offences punishable with imprisonment for 2 years or more (being offences that were committed before the date of commencement of section 35 of the Criminal Procedure (Miscellaneous Amendments) Act 2024)2026, and has been convicted and sentenced in Singapore or elsewhere to imprisonment for at least one month since he or she 2021reached the age of2021 16 years of age2021 for an offence punishable with imprisonment for 2 years or more,
then, if the court is satisfied that it is expedient for the protection of the public that he2021the person2021 should be detained in custody for a substantial period of time, followed by a period of supervision if released before the expiration2021expiry2021 of his or her2021 sentence, the court, unless it has special reasons for not doing so, shall2021must2021 sentence him or her2021 to preventive detention for a period of 7 to 20 years in lieu of any sentence of imprisonment, or any sentence of imprisonment and fine2018.
(3)Before sentencing any offender to corrective training or preventive detention, the court must call for and consider any report submitted by the Director2014Commissioner2014 of Prisons, or any person authorised by the Director2014Commissioner2014 of Prisons to submit the report on his2021the Commissioner’s2021 behalf, on the offender’s physical and mental condition and his2021the offender’s2021 suitability for such a sentence; and if the court has not received such a report, it must remand the offender in custody for a period or periods, not exceeding one month in the case of any single period, to enable the report to be made.2012submitted.2012
(4)The court must give a copy of the2012any2012 report of2012submitted by2012 the Director2014Commissioner2014 of Prisons to the offender or his2021the offender’s2021 advocate and to the Public Prosecutor.
(5)Where an offender who is sentenced under subsection (1) or (2) is also convicted at the same trial of any offence other than an offence punishable with imprisonment2012 for 2 years or more, the court may, on the application of the Public Prosecutor, instead of imposing any term of imprisonment as may be prescribed for that offence, take into account such2021that2021 offence for the purposes of determining the period of corrective training or preventive detention, as the case may be.
(6)A person sentenced to corrective training or preventive detention must be detained in a prison for the term of his or her 2021sentence in accordance with the regulations made under section 428202684(1) of the Prisons Act 19332026.