What Is Private Prosecution In Singapore? Legal Basics Explained

by 22 January 2025Knowledge & Insights

Private prosecution in Singapore is a unique legal mechanism that empowers individuals to take legal action when the public prosecutor chooses not to. While the Attorney-General’s Chambers handles most criminal cases, private prosecutions provide an alternative for those seeking justice independently.

But what exactly is a private prosecution, and how does it work? This guide breaks down the essentials, from the legal framework and eligibility to the filing process, offering clarity on this lesser-known but important aspect of Singapore’s judicial system.

Whether you’re considering initiating one or simply curious, understanding private prosecution in Singapore is key to navigating your legal rights.

How Private Prosecution Works Under Singapore Law

The Criminal Procedure Code (CPC) governs private prosecution in Singapore, setting out the rules and requirements for pursuing such cases. Unlike public prosecutions led by the Attorney-General’s Chambers, private prosecutions allow individuals to initiate legal proceedings against someone they believe has committed an offence.

However, this process is not automatic; the complainant must first file a Magistrate’s Complaint. The Magistrate then evaluates whether sufficient evidence justifies issuing a private summons, ensuring that frivolous or malicious cases are filtered out.

To safeguard the integrity of the legal process, private prosecutions are only allowed for certain offences that are punishable by a maximum of 3 years of imprisonment or only by fine, and the Public Prosecutor retains the authority to take over or discontinue the proceedings if necessary. This ensures that the system is not misused and that justice is upheld fairly and transparently.

By following this legal framework, private prosecution in Singapore provides an additional pathway for individuals to seek redress, complementing the public prosecution system.

 

Process Of Filing A Private Prosecution In Singapore

Filing a private prosecution in Singapore involves a structured process to ensure the case is legitimate and supported by sufficient evidence.

Here is a step-by-step guide to filing a private prosecution:

1. File A Magistrate’s Complaint

The process begins with the complainant filing a Magistrate’s Complaint at the State Courts. This document must include:

  • A detailed description of the alleged offence.
  • Relevant evidence, such as documents, witness statements, or photographs, supports the accusation.
  • Any other information necessary to help the Magistrate understand the nature of the offence.

This step is crucial as it forms the foundation of the private prosecution. With adequate evidence and proper documentation, the case will proceed further.

2. Magistrate’s Evaluation

Once the Magistrate receives the complaint, they will review it to ensure it meets the legal requirements. During this stage, the Magistrate may:

  • Assess whether the alleged offence falls under offences that allow private prosecution.
  • Confirm that the complaint is supported by credible evidence.
  • Evaluate the seriousness of the accusation and its potential merit.

If the Magistrate finds the complaint insufficient or unsubstantiated, they may dismiss it to prevent misuse of the legal process.

3. Preliminary Inquiry (If Necessary)

If the Magistrate finds the complaint credible but requires further evidence, they may conduct a preliminary inquiry. During this step:

  • The Magistrate will gather additional evidence through hearings or testimonies.
  • The complainant may need to present witnesses or explain the evidence further.

The preliminary inquiry aims to establish a prima facie case—proof that there is sufficient reason to believe that an offence was committed and that the accused may be responsible. This stage ensures that only legitimate cases proceed to Court.

4. Issuance Of A Private Summons

If the Magistrate is satisfied with the evidence and determines the case has merit, they will issue a private summons.

  • It is served to the accused, requiring them to appear in Court to answer the charges.
  • Marks the beginning of formal legal proceedings in the case.

At this point, the private prosecution moves forward, and the complainant is responsible for presenting their case during the trial.

 

Examples Of Private Prosecution

Private prosecutions in Singapore typically involve cases where the complainant has a direct and personal interest in the outcome. Here are some common examples:

  • Workplace Harassment

If a victim experiences workplace harassment and public authorities do not pursue the matter, private prosecution may provide a means to address the misconduct. This could include instances of verbal abuse, physical intimidation, or other inappropriate behaviour that violates workplace laws.

  • Animal Cruelty Cases

A private prosecution can also arise when someone witnesses or experiences animal cruelty and believes the case warrants legal action. In such cases, the complainant may proceed with private prosecution if authorities do not address the issue.

When Is Private Prosecution Not Allowed?

Private prosecution in Singapore is not universally permitted and is subject to several restrictions to prevent misuse and ensure fairness in the judicial system. Here are the key scenarios where private prosecution is not allowed:

1. Offences Requiring Public Prosecutor’s Consent

Certain offences in Singapore require the consent of the Public Prosecutor before any prosecution, including private prosecution, can proceed. Examples include cases involving national security, public order, or sensitive matters with broader societal implications. This safeguard ensures that such cases are handled with the necessary oversight and expertise.

2. Insufficient Evidence Or Lack Of Prima Facie Case

Private prosecution is not permitted if the complainant fails to provide sufficient evidence to establish a prima facie case. The Magistrate must be satisfied that credible evidence shows an offence has been committed and that the accused may be responsible. The complaint will be dismissed without this evidence, and no private summons will be issued.

3. Cases Already Handled By The Public Prosecutor

If the Attorney-General’s Chambers (AGC) has already reviewed the case and decided against prosecution, initiating a private prosecution may not be allowed unless compelling new evidence is presented. The AGC also retains the right to intervene, take over, or discontinue a private prosecution if deemed not in the public interest.

4. Malicious Or Frivolous Complaints

The Court will not allow private prosecutions intended to harass or harm the accused without legitimate grounds. If the Magistrate determines that the complaint is malicious or frivolous, it will be rejected to protect the integrity of the legal process.

5. Accused Persons Living Overseas

Private prosecution may face practical and legal challenges if the accused resides outside Singapore. Serving a summons or ensuring compliance with legal proceedings can be difficult when the accused is not in the jurisdiction. In such cases, pursuing a private prosecution may only be viable if the accused can be effectively brought under Singapore’s legal jurisdiction.

 

Conclusion About Private Prosecution In Singapore

Private prosecution in Singapore is a valuable legal option for individuals seeking justice when public prosecution is not pursued. It empowers complainants to take action, provided they meet the legal requirements and follow the proper process. However, navigating private prosecution can be complex, requiring careful preparation and a solid understanding of the law.

At Tembusu Law, our team of experienced criminal lawyers in Singapore is well-versed in handling private prosecutions and can guide you through every step. Whether filing a complaint or defending against one, our expertise ensures you receive the best representation.

Contact us today for a free consultation tailored to your legal needs.

 

Frequently Asked Questions About Private Prosecution In Singapore

What Happens If The Magistrate Rejects My Complaint?

If the Magistrate finds your complaint lacks sufficient evidence or legal merit, it will be dismissed. You may need to gather more evidence or consult a lawyer to reassess your options.

Are There Any Costs Involved In Filing A Private Prosecution?

Yes, there are costs, including filing fees, legal representation, and potentially other expenses related to presenting evidence and witnesses in Court.

Can An Organisation Initiate A Private Prosecution?

Yes, organisations can file a private prosecution if they are directly affected by an offence. They must provide evidence and meet the same legal requirements as individuals.

Is A Lawyer Necessary For Filing A Private Prosecution?

While it is not legally required to have a lawyer, engaging a skilled criminal lawyer is highly recommended. A lawyer can help navigate the complexities of the process and present your case effectively in Court.

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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