1. The Criminal Procedure (Miscellaneous Amendments) Act 2024 was passed in Parliament on 5 February 2024[1] and is being operationalised in phases[2]. This phase comprises amendments relating to the (a) empowerment of law enforcement agencies (LEAs) to investigate bail and absconding offences; and (b) the conduct of forensic medical examinations (FME). These amendments will come into effect on 26 May 2025.
Amendments Relating to Investigation of Bail and Absconding Offences
2. These amendments will empower non-Police LEAs which are prescribed to investigate bail and absconding offences arising from the predicate offences under their purview. Currently, these LEAs have to seek the Police’s assistance to do so.
Amendments Relating to FME
3. FME is conducted to obtain forensic evidence (e.g. taking blood samples or DNA swabs), which is critical for investigations, particularly those pertaining to serious sexual offences such as rape.
4. The amendments set out a legislative framework on the conduct of FME, providing clarity on the processes and safeguards, and enabling more effective criminal investigations. These include:
(a) Empowering the Police to require accused persons to undergo FME. It will be an offence if an accused person required to undergo FME refuses to do so without reasonable excuse.
(b) Legislative safeguards for the conduct of FME. For example, only qualified medical professionals can conduct physical medical examinations and invasive medical procedures. The person conducting the FME must also be satisfied that the FME will not endanger the subject, before proceeding.
(c) Requiring informed consent from alleged victims and/or their authorised decision-makers (as the case may be) before the alleged victim may undergo FME, subject to certain exceptions (e.g. depending on the alleged victim’s age, physical and mental condition).
(d) New measures to prevent unauthorised distribution of materials obtained through the FME procedure. These measures include ensuring that the Prosecution is not required to serve or produce such materials (e.g. intimate images) to the Defence, as well as only allowing the viewing of such materials, if requested by the Defence, at a Police station or a prescribed place such as at the Court premises.
5. The remaining amendments under the Act will be brought into force at a later stage.
[1] The Act advances our criminal justice system and contains various amendments aimed at (i) protecting the public by strengthening our levers to tackle crime, including serious sexual crime, and (ii) enhancing transparency, fairness and coherence in our criminal court processes.
