Commencement of Amendments to the Registration of Criminals Act (RCA) on 12 June 2023

1. The Registration of Criminals (Amendment) Bill 2022 was passed by Parliament on 12 September 2022.

2. The following amendments will take effect on 12 June 2023:

(a) Expanding the scope of collection of deoxyribonucleic acid (DNA) information and identifying information (e.g. fingerprints and photographs);

(b) Introducing procedures to allow the removal of DNA information and identifying information in the databases.

(c) Expanding the prescribed uses of DNA information;

(d) Strengthening the protection of DNA information and identifying information recorded; and

Expanding the Scope of Collection of DNA Information and Identifying Information

3. The amendments will:

(a) Expand the scope of crimes eligible for collection to include “eligible crimes”.  Eligible crimes are non-registrable crimes that are (1) imprisonable and (2) not compoundable under any written law, unless the offence is specified in the third column of the Fourth Schedule to the Criminal Procedure Code 2010. Examples of eligible crimes include voluntarily causing hurt and affray. Individuals who are arrested, convicted, or imprisoned for eligible crimes may have their DNA information and identifying information collected, but will continue not to have any criminal record as such crimes are not registrable.

(b) Allow the collection of DNA information and identifying information from individuals arrested or detained, or served with a Restriction Order, under the Internal Security Act 1960 (ISA).

(c) Allow any volunteers to provide their DNA information and identifying information to the Police to assist in investigations.

(d) Make clear that it is an offence for an individual ordered to provide a blood sample to refuse, without reasonable excuse, to provide said blood sample, and to introduce a new offence for a parent or guardian of an individual below 16 years of age to withhold consent, without reasonable excuse, for a blood sample to be taken from the individual.

Introducing Procedures to Allow the Removal of DNA Information and Identifying Information in the Databases

4. Second, the amendments will introduce procedures for the removal of DNA information and identifying information for volunteers, individuals who are acquitted or had been given a discharge amounting to an acquittal by the Court, and individuals who had their offences compounded.

5. Such individuals may apply to the Registrar of Criminals to request for the information recorded in association with the offence to be removed.

6. Upon a volunteer’s application, the Registrar must remove the DNA information and identifying information of the volunteer from the database. For applications by the other individuals mentioned in paragraph 4, the Registrar will remove the information unless it is determined that the information is relevant for another ongoing prosecution or investigation, or it is in the interests of the security of Singapore to retain the information.

7. Individuals who disagree with the determination of the Registrar may appeal to a Reviewing Tribunal within 30 days from the date of the notice of the Registrar’s determination.

8. Details of the procedures can be found on https://eservices.police.gov.sg/content/policehubhome/homepage/Removal-of-DNA-and-identifying-Information.html.

Expanding the Prescribed Uses of DNA Information

9. Third, the amendments will expand the prescribed uses of DNA information to include three new categories:

(a) Investigation or inquiry into a death;

(b) Identification of a dead individual; and

(c) Identification of an individual in order to provide Police assistance to the individual.

10. The amendments will also allow the Police to share the DNA information of an individual convicted of a registrable crime, with foreign law enforcement agencies for investigations and proceedings, where it is appropriate to do so.

Strengthening the Protection of DNA Information and Identifying Information Recorded

11. Fourth, the amendments will provide for the power to introduce legislative safeguards to protect DNA information and identifying information stored in the databases. Access to the DNA database will be restricted to authorised officers. Every access to the DNA database will be recorded, and there will be an audit trail.

Other Related Amendments

12. Other related amendments, including the update of the First Schedule and repeal of the Second Schedule of the RCA, as well as the repeal of the discretionary power of the Commissioner of Police to dispense with registration, will also take effect from 12 June 2023. Please refer to Annex A for more information on the amendments to the RCA.

Annexes

1. Press Release on First Reading of the Registration of Criminals (Amendment) Bill
2. Second Reading Speech on the Registration of Criminals (Amendment) Bill
3. Wrap-Up Speech on the Registration of Criminals (Amendment) Bill