Magistrate Complaint In Singapore: A Guide To Filing & Processes

by 22 January 2025Knowledge & Insights

Navigating the legal system in Singapore can be overwhelming, especially when pursuing justice for personal grievances.

If you’ve experienced a criminal offence but the police are not acting, filing a Magistrate Complaint in Singapore may be your next step. This legal process empowers individuals to address offences directly, offering a structured path to seek redress.

This guide will provide the essential information needed to navigate this crucial aspect of Singapore’s judicial system, from understanding what a Magistrate Complaint entails to learning about private summons and their role in resolving disputes.

What Is A Magistrate Complaint?

A Magistrate Complaint is a legal process in Singapore that enables individuals to address grievances when they believe a criminal offence has been committed against them. It is commonly used when the police have yet to take action or when the offence involves private disputes.

This process, governed by the Criminal Procedure Code (CPC), provides a pathway for individuals to seek redress directly through the State Courts. To initiate a Magistrate complaint in Singapore, the complainant must submit details of the alleged offence to the Magistrate.

This can include evidence such as documents, photographs, or witness statements to support the claim. The Magistrate will review the complaint and decide on the appropriate course of action, including referring the case to mediation, issuing a private summons to the accused, or dismissing the complaint if there is insufficient merit.

This process ensures individuals have a structured avenue to pursue justice while safeguarding against system misuse.

 

Who Is Eligible To File A Magistrate Complaint?

The following individuals or entities are eligible to file a Magistrate Complaint in Singapore:

  • Individuals Directly Affected by the Offence:
    Persons harmed, threatened, or wronged by a criminal offence.
  • Representatives of Organisations:
    Authorised representatives of companies, associations, or institutions affected by the offence.
  • Legal Guardians:
    Parents or legal guardians acting on behalf of minors who have been victims of an offence.
  • Legal Representatives:
    Lawyers acting on behalf of individuals or organisations with the proper authorisation.
  • Witnesses with a Direct Stake:
    In specific cases, witnesses directly impacted by the offence and have substantial evidence may file a complaint.

Process Of Filing A Magistrate Complaint In Singapore

Filing a Magistrate Complaint in Singapore is a structured process handled by the State Courts to address alleged offences. Here’s how it works:

1. Before Filing: Check If Your Case Is Eligible

Confirm that your case qualifies under the Magistrate Complaint process. Understand the possible outcomes, which may include mediation, issuance of a private summons, or dismissal.

2. When Filing: Submit The Complaint

Complete the application form and attach supporting documents, such as evidence or witness statements. Apply online through the State Courts’ system. After submission, you will receive an appointment to meet a magistrate to review your case.

3. After Filing: Follow The Magistrate’s Order

Attend the appointment with the magistrate, who will evaluate your complaint and evidence. Based on the magistrate’s decision, the outcomes may include:

  • Criminal Mediation: If the matter can be resolved amicably.
  • Private Prosecution and Summons: If the case merits further action.
  • Dismissal: If the complaint lacks evidence or legal standing.

 

What Is A Private Summon?

Private summons is part of the Magistrate Complaint process in Singapore, which allows individuals to address criminal grievances when the police do not take action. Governed by the Criminal Procedure Code, a private summons provides a structured pathway for resolving disputes or seeking redress in cases involving alleged offences.

To obtain a private summons, the complainant must first file a Magistrate Complaint and provide sufficient evidence to establish a prima facie case—proof that an offence has likely occurred. If the Magistrate is satisfied with the case’s merits, they may issue the private summons.

 

How To Issue And Serve A Private Summons In Singapore

Issuing and serving a private summons in Singapore is a detailed process that requires strict adherence to legal procedures. Here’s a step-by-step guide to ensure the summons is issued and served correctly:

Issuing a Private Summons

Step 1: Prepare the Charging Document Against the Accused

Draft a charging document that clearly outlines the offence. This document must include:

  • The specific actions of the accused, such as the date, time, location, and description of the offence.
  • The legal basis of the charge, including the statute and section of the law that criminalises the alleged behaviour.

The purpose of the charge is to provide the Court with precise details of the accusation, ensuring a fair evaluation of the claims.

Step 2: File the Summons and Pay the Filing Fee

Submit the prepared charge to the Court for review. You must pay $20 per summons and the $20 already paid during the Magistrate Complaint filing.

Serving A Private Summons

Step 3: Deliver the Summons to the Accused

Once the Court issues the summons, it must be served directly to the accused. If you need a lawyer, an authorised person from the Court will assist in serving the summons. In such cases:

  • You must accompany the authorised person during the service.
  • You are required to pay for the transport costs involved in the trip.

Alternative Methods of Service

If the accused cannot be personally served, you may get the Court’s permission to serve the private summons through alternative methods, such as:

  • Option 1: Leaving the summons with an adult member of the accused’s household.
  • Option 2: Affixing the summons to the front door of the accused’s residence.

 

Conclusion About Magistrate Complaints And Private Summons In Singapore

Magistrate Complaints and private summons provide vital legal pathways for individuals seeking justice when public action is unavailable. These processes empower you to address disputes, hold offenders accountable, and ensure your grievances are heard fairly and structured. However, navigating these legal avenues can be complex and requires careful preparation.

At Tembusu Law, our experienced criminal lawyers in Singapore are dedicated to guiding you through every step, ensuring your case is handled with expertise and care. Whether you’re filing a Magistrate Complaint or pursuing a private summons, we’re here to provide trusted legal support.

Contact us today for a free consultation and take the first step towards justice.

 

Frequently Asked Questions About Magistrate Complaints And Private Summons In Singapore

Can I Withdraw A Magistrate Complaint After Filing It?

Yes, you can withdraw a Magistrate Complaint if you no longer wish to proceed. However, you may need to inform the Court and provide valid reasons for the withdrawal. In some cases, the Magistrate may decide whether the withdrawal is permissible.

Can I File A Magistrate Complaint Without Any Evidence?

No, evidence is crucial when filing a Magistrate Complaint. To support your claims, you must provide sufficient proof, such as documents, photographs, or witness statements. Without evidence, the complaint is likely to be dismissed.

How Long Does It Take For A Magistrate Complaint To Be Resolved?

The duration varies depending on the complexity of the case and the outcomes, such as mediation, issuance of a private summons, or further investigations. Simple cases resolved through mediation may conclude faster than those requiring Court proceedings.

Are There Additional Costs After Filing A Magistrate Complaint?

Yes, additional costs may include fees for issuing a private summons, hiring an authorised person to serve the summons, and transport charges for delivering the summons. These costs should be considered when pursuing a complaint.

About the author

About the author

Tembusu Law

Jonathan is the Founder and Managing Director of Tembusu Law. He is also the founder of LawGuide Singapore, a prominent legaltech startup which successfully created and launched Singapore’s first legal chatbot in 2017.

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