State Courts Act

• Jurisdiction: Singapore
• Coming into Force: 31 July 2007
• Act Number: (Original Enactment: Act 19 of 1970)
• Enactment Date: 01 January 1971
• Record Number: Cap. 321
• Published date: 31 July 2007

State Courts Act

(CHAPTER 321)

(Original Enactment: Act 19 of 1970)

REVISED EDITION 2007

(31st July 2007)

An Act relating to the constitution, jurisdiction and powers of the State Courts and the administration of justice therein. [Act 5 of 2014 wef 07/03/2014]

[1st January 1971]

PART I PRELIMINARY Short title 1. This Act may be cited as the State Courts Act. [Act 5 of 2014 wef 07/03/2014] Interpretation 2. In this Act, unless the context otherwise requires — “action” means a civil proceeding commenced by summons or in such other manner as may be prescribed by Rules of Court; “commissioner for oaths” means a commissioner for oaths appointed under section 68 of the Supreme Court of Judicature Act (Cap. 322); “Coroner” has the same meaning as in section 2(1) of the Coroners Act 2010; [14/2010 wef 02/01/2011] “District Court limit” means $250,000 or such other amount as may be specified by an order under section 30; [Act 27 of 2014 wef 01/01/2015] “judicial officer” means a District Judge, Magistrate or registrar; [14/2010 wef 02/01/2011] “Magistrate’s Court limit” means $60,000† or such other amount as may be specified by an order under section 52(3); † O 2 (S 263/99) — Subordinate Courts (Variation of Magistrate’s Court Limit) Order. “prescribed” means prescribed by Rules of Court; “Public Prosecutor” includes a Deputy Public Prosecutor; “registrar” means the registrar of the State Courts and includes a deputy registrar; [Act 5 of 2014 wef 07/03/2014] “Rules of Court” means Rules of Court made under this Act and includes forms; “seal” includes stamp. [34/73; 15/93]

PART II CONSTITUTION State Courts 3.—(1) There are within Singapore the following subordinate courts called the State Courts: (a) District Courts; (b) Magistrates’ Courts; (c) Coroners’ Courts; (d) Small Claims Tribunals; (e) Employment Claims Tribunals. [Act 21 of 2016 wef 01/04/2017] (1A) The District Courts and Magistrates’ Courts have such jurisdiction as is conferred by this Act and any other written law. [Act 21 of 2016 wef 01/04/2017] (2) The Small Claims Tribunals shall have such jurisdiction as is conferred by the Small Claims Tribunals Act (Cap. 308) or any other written law. (3) [Deleted by Act 33 of 2018 wef 01/11/2019] (4) The Coroners’ Courts shall have such jurisdiction as is conferred by the Coroners Act 2010 and any other written law. [14/2010 wef 02/01/2011] (5) The Employment Claims Tribunals have such jurisdiction as is conferred by the Employment Claims Act 2016 and any other written law. [Act 21 of 2016 wef 01/04/2017] Court houses 4. The President may constitute under appropriate names so many State Courts as he shall think fit, and shall appoint some place or places as the court house or court houses of each such Court. [Act 5 of 2014 wef 07/03/2014] Seals of courts 5. The State Courts shall have and use as occasion may require a seal or seals of such nature as the Chief Justice may, by notification in the Gazette*, prescribe. * N 1, 1997 Ed. (S 230/75). [Act 5 of 2014 wef 07/03/2014] Process of courts 6. Subject to Rules of Court, all writs, summonses, warrants, orders, notices and other mandatory processes issued by the State Courts shall be signed by a judicial officer and shall bear the seal of the court issuing the same. [3/87] [Act 5 of 2014 wef 07/03/2014] Sittings of State Courts 6A.—(1) Subject to subsection (2), every State Court shall sit on every day of the year except on Saturdays, Sundays and public holidays. [8/98; 2/2007] [Act 5 of 2014 wef 07/03/2014] (2) Notwithstanding subsection (1), a judicial officer may lawfully sit on a Saturday, Sunday or public holiday or during a vacation authorised under section 61 if — (a) the Presiding Judge of the State Courts, with the concurrence of the Chief Justice, has directed the judicial officer to sit on that day or during that vacation; or [Act 5 of 2014 wef 14/04/2014] [4/2010 wef 17/02/2010] (b) in the opinion of the judicial officer, the business to be despatched is extremely urgent. [8/98; 2/2007] (3) Every State Court shall sit at such times as the Chief Justice may from time to time appoint. [8/98] [Act 5 of 2014 wef 07/03/2014] Sittings in camera, etc. 7.—(1) The place in which any State Court is held shall be deemed an open and public court to which the public generally may have access. [Act 5 of 2014 wef 07/03/2014] (2) A State Court shall have power to hear any matter or proceeding or any part thereof in camera if the court is satisfied that it is expedient in the interests of justice, public safety, public security or propriety, or for other sufficient reason to do so. [Act 5 of 2014 wef 07/03/2014] [Act 19 of 2018 wef 31/10/2018] (2A) A State Court may, in any matter or proceeding or any part thereof tried or held or to be tried or held before it, if satisfied that it is expedient in the interests of justice, public safety, public security or propriety, or for other sufficient reason to do so, order that — (a) the name, address or photograph of any witness; or (b) any evidence or any other thing likely to lead to the identification of such witness by a person other than the party to that matter or proceeding, which is contained in any court document intended to be produced before the court, be removed or be sufficiently redacted. [15/2010 wef 02/01/2011] [Act 5 of 2014 wef 07/03/2014] (3) A State Court may at any time order that no person shall — (a) publish the name, address or photograph of any witness in any matter or proceeding or any part thereof tried or held or to be tried or held before it, or any evidence or any other thing likely to lead to the identification of any such witness; or (b) do any other act which is likely to lead to the identification of such a witness. [15/2010 wef 02/01/2011] [Act 5 of 2014 wef 07/03/2014] (4) Any person who acts in contravention of any order under subsection (2A) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [15/2010 wef 02/01/2011] (5) A State Court that hears the whole or any part of any matter or proceeding in camera may, in its discretion, permit any of the following individuals to be present in the courtroom while that matter or proceeding is heard in camera: (a) any journalist who reports news for a newspaper or a broadcasting service; (b) any individual whom the court determines has a sufficient interest in that matter or proceeding; (c) any other individual that the court specifies in any particular case. [Act 19 of 2018 wef 31/10/2018] (6) For the purposes of subsection (2), the matters that a State Court may consider, when deciding whether it is expedient in the interests of justice, public safety, public security or propriety, or for other sufficient reason, to hear the whole or any part of any matter or proceeding in camera, include the following matters: (a) whether the defence of any accused person in that matter or proceeding will be prejudiced by the presence of any member of the public in the courtroom; (b) whether any accused person or witness in that matter or proceeding has any legitimate interest in privacy that needs to be protected; (c) whether the object of that matter or proceeding will be defeated by publicity if that matter or proceeding is heard in open court; (d) whether any accused person or witness in that matter or proceeding has any legitimate interest in protecting the confidentiality of any information that may be disclosed during the hearing of that matter or proceeding; (e) whether any information that may be disclosed during the hearing of that matter or proceeding will be prejudicial to the interests of Singapore. [Act 19 of 2018 wef 31/10/2018] (7) In this section — “broadcasting service” has the same meaning as in section 2(1) of the Broadcasting Act (Cap. 28); “newspaper” has the same meaning as in section 2(1) of the Newspaper and Printing Presses Act (Cap. 206). [Act 19 of 2018 wef 31/10/2018] State Court may conduct hearing through electronic means of communication 8.—(1) Without limiting section 7, a State Court may conduct the hearing of any matter or proceeding through a live video link, a live television link or any other electronic means of communication. (2) Subsection (1) does not affect the operation of section 62A of the Evidence Act (Cap. 97) and section 281 of the Criminal Procedure Code (Cap. 68). [Act 46 of 2018 wef 01/01/2019]

PART III APPOINTMENTS, POWERS AND DUTIES Appointment of Presiding Judge of State Courts 8A.—(1) For the purposes of the administration of this Act, the President may, on the recommendation of the Chief Justice, appoint a Supreme Court Judge or a Judicial Commissioner to be the Presiding Judge of the State Courts for such period as the Chief Justice may recommend. [Act 40 of 2019 wef 02/01/2021] (2) Notwithstanding any other written law, the Presiding Judge of the State Courts may sit in any State Court and act as a judge (however described) thereof, in which case he shall have all the jurisdiction, power and privileges of such a judge. (3) A Supreme Court Judge or a Judicial Commissioner may, during the period of his appointment as the Presiding Judge of the State Courts, continue to sit in the General Division of the High Court, the Appellate Division of the High Court or the Court of Appeal in accordance with the Constitution. [Act 40 of 2019 wef 02/01/2021] (4) Any person appointed to be the Presiding Judge of the State Courts shall, although the period of his appointment as such has expired or his appointment as such has been revoked, in relation to any case heard by him as a judge (however described) of a State Court, continue to sit as such a judge for the purpose of giving judgment or otherwise. [Act 5 of 2014 wef 14/04/2014] Appointments and qualifications of District Judges 9.—(1) Subject to section 8A, a District Court shall be presided over by a District Judge appointed by the President on the recommendation of the Chief Justice. [Act 5 of 2014 wef 14/04/2014] (2) [Deleted by Act 5 of 2014 wef 14/04/2014] (3) No person shall be ...