143-422: [REDACTED] The High Court of Singapore is the lower division of the Supreme Court of Singapore , the upper division being the Court of Appeal . The High Court consists of the chief justice and the judges of the High Court . Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and
286-1000: A High Court in Malaya , a High Court in Borneo (now the High Court in Sabah and Sarawak ), and a High Court in Singapore (which replaced the Supreme Court of the Colony of Singapore). Appeals lay from the High Court in Singapore to the Federal Court in Kuala Lumpur , and then to the Privy Council. The merger did not last: in 1965 Singapore left the Federation of Malaysia and became an independent republic. However,
429-492: A High Court Judge. If the Court feels that it requires assistance in a particular case, it may summon persons of skill and experience in the matter to which the proceedings relate to sit with the Court and act as assessors . The Chief Justice may give directions of a general or particular nature to distribute the business of the Court among his fellow Judges. In 2002, it was announced that specialist commercial courts would be set up in
572-473: A case on any question of law arising in the proceedings for the High Court's consideration any question of law arising in the proceedings either with or without a written application from a party to the proceedings. A subordinate court may refuse to state a case for the High Court if it is of the opinion that the application for it is frivolous, except if the application is made by the Public Prosecutor. If
715-518: A dedicated Family Court, which is constituted as a District Court. As of December 2007, the Family Court hears proceedings relating to divorce, division of matrimonial assets and guardianship of children , including matters over which it has concurrent jurisdiction with the Syariah Court. However, contested applications for the division of matrimonial assets where the net value asserted by any party to
858-400: A guard of honour was abolished in the late 1960s or early 1970s. The Court of Appeal exercises only appellate jurisdiction in civil and criminal matters. In other words, it possesses no original jurisdiction – it does not deal with trials of matters coming before the court for the first time. In general, the Court hears civil appeals from decisions of the High Court made in the exercise of
1001-447: A magistrate to make further inquiries into any complaints of offences that have been dismissed, or into the case of any accused person who has been discharged. The Court may also exercise powers that it exercises upon an appeal, such as reversing a conviction or altering a sentence, except that the Court is not authorized to exercise its revisionary jurisdiction to convert a finding of acquittal into one of conviction. As in civil cases, when
1144-496: A manner similar to some of his counterparts in the United Kingdom. He wore a long scarlet robe with a grey cape or mantle and a black scarf around his shoulders, a white wing-collared shirt, and bands (a linen collar made of two rectangular pieces tied at the throat). Subsequently, the ordinary and ceremonial dress worn by judges was adapted from two of the various forms of court dress of English courts. On 9 January 1993, at
1287-604: A nearby shipbuilding yard. A new courthouse by the Singapore River was built in 1865. This building now forms the central core of the Empress Place Building which is occupied by the Asian Civilisations Museum . The courthouse was occupied by the court till 1875, when it moved into a new extension wing of Maxwell House. Maxwell House was eventually taken over by the legislature in 1954. Construction on
1430-695: A new courthouse, now called the Old Supreme Court Building , began in 1937 on the site of the Grand Hotel de L'Europe on Saint Andrew's Road opposite the Padang . On 1 April 1937 the building's foundation stone – then the largest in Malaya – was laid by the Governor, Sir Shenton Thomas . Beneath the stone were placed six Singapore newspapers dated 31 March 1937 and some Straits Settlements coins ; this time capsule
1573-874: A number of judges are designated to hear arbitration -related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building . The High Court exercises both original jurisdiction and appellate jurisdiction in civil and criminal matters. By possessing original jurisdiction,
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#17328586147211716-504: A particular person) where: In particular, the Court has jurisdiction: The Court exercises concurrent jurisdiction in certain matters with the Syariah Court of Singapore , which deals with cases involving Muslim matrimonial law. Provided that certain conditions are satisfied, the High Court has jurisdiction to hear and try any civil proceedings within the jurisdiction of the Syariah Court relating to maintenance for any wife or child ,
1859-597: A permanent Court of Appeal for both civil and criminal appeals was established. Appeals to the Privy Council were completely abolished in 1994. The first woman to serve as a supreme court justice is Lai Siu Chiu , who was sworn in on 30 April 1994. Article 93 of the Constitution of the Republic of Singapore vests the judicial power of Singapore in the Supreme Court and the Subordinate Courts . The Chief Justice
2002-458: A point of law reserved for its decision by the High Court, as well as any point of law of public interest arising in the course of an appeal from a court subordinate to the High Court, which has been reserved by the High Court for decision of the Court of Appeal. The High Court's jurisdiction is as follows: generally, a civil case is commenced in the High Court if the subject matter of the claim exceeds S$ 250,000. Probate matters are dealt with in
2145-507: A result of legislation passed in 1885, the Supreme Court consisted of the Chief Justice and three puisne judges. The Court was significantly altered in 1907. It now had two divisions, one exercising original civil and criminal jurisdiction and the other appellate civil and criminal jurisdiction . During the Japanese occupation of Singapore (1942–1945), all the courts that had operated under
2288-427: A similar offence, the Court may, in addition to any other punishment, direct that he or she be subject to police supervision for not more than seven years starting immediately after the sentence passed for the last of these offences expires. In addition, only the High Court and District Courts are empowered to sentence convicted persons to corrective training, reformative training or preventive detention. At any stage of
2431-458: A single judge, although if the judge thinks fit the appeal may be fixed before a court of three judges. In such cases, the appeal is decided according to the opinion of the majority of the judges. If the Court is of the view that the trial judge's decision was correct, it will dismiss the appeal and uphold the decision below. Otherwise, the appeal is allowed and the trial judge's decision is overturned. Appeals are by way of rehearing; in other words,
2574-410: A speech in reply. If any party raises a fresh point of law in a final speech or cites any authority not previously cited, the other party may make a further speech in reply to that point of law or authority. If the burden of proof of all the issues in the action lies on the defendant, the defendant is entitled to begin instead of the plaintiff. The trial then proceeds with the plaintiff responding to
2717-455: A subordinate court refuses to state a case, an applicant may apply to the High Court for an order to compel the subordinate court to do so. The High Court hears and determines the questions of law arising on cases stated, then either affirms, amends or reverses the subordinate court's decision on the matter, or makes any other order that it sees fit. The High Court has general supervisory and revisionary jurisdiction over all subordinate courts. If
2860-452: A subordinate court the relevant court is the High Court; and where the trial court is the High Court the relevant court is the Court of Appeal. The Public Prosecutor has a right to be heard at the hearing of the case stated. As there are no corresponding statutory provisions for civil proceedings, when constitutional issues arise in the course of such matters in a subordinate court, they will be dealt with by that court and may then be appealed to
3003-414: A trial before the Court before the return of the verdict , the prosecution may inform the Court that it will not further prosecute the accused upon the charge. All proceedings on the charge against the accused are then stayed , and he or she is discharged. The prosecution may act in this manner for various reasons; for example, if it no longer believes that the accused committed the offence, if it feels that
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#17328586147213146-457: Is clad in translucent sheets of Portuguese rosa aurora marble. The liberal use of glass in atria , skylights and lift shafts, and the open layout of the building, are said to signify the ideal of transparency in the law. Operations in the building started on 20 June 2005, the first hearings took place on 27 June, and the building was officially opened by President S.R. Nathan at the Opening of
3289-511: Is due to be retrieved in the year 3000. The Supreme Court Building was declared open by the Governor on 3 August 1939 and handed over to the Chief Justice Sir Percy McElwaine . Originally, the courthouse had four courts; another seven were added over the years. As this proved insufficient because of the Supreme Court's burgeoning caseload, at Chief Justice Wee Chong Jin 's direction six additional courtrooms were constructed in
3432-406: Is for the Court to decide whether or not to hear submissions from any party to the proceedings; no party has a right to be heard before the Court. However, if the Court intends to make a final order that is to the prejudice of any person, that person must first be given an opportunity of being heard. One important aspect of the High Court's supervisory jurisdiction is its ability to judicially review
3575-460: Is necessary, impose a penalty on the lawyer concerned, or apply to the Chief Justice for a disciplinary tribunal to be appointed to formally investigate the complaint. If a disciplinary tribunal is convened, it hears and investigates the matter and decides whether any disciplinary action against the lawyer is warranted. If not, it may dismiss the matter or impose a penalty appropriate to the misconduct. However, if it determines that disciplinary action
3718-496: Is necessary, the Law Society must apply to the Supreme Court for the matter to be heard by a Court of Three Judges , which has power to order that a lawyer be struck off the roll of advocates and solicitors, suspended from practice for not more than five years, fined up to $ 100,000, or censured. As the highest court of Singapore and its final appellate court, under the principles of stare decisis (judicial precedent) decisions of
3861-482: Is not mentioned in any statute, the Court is specifically empowered to issue to any person or authority any direction, order or writ for the enforcement of any right conferred by written law or for any other purpose, including the following prerogative orders : Such orders were issued by the King's Bench in the exercise of its judicial review jurisdiction. In theory, when exercising judicial review of administrative action,
4004-498: Is regarded as falling within the Court's supervisory jurisdiction ( see below ). The Constitution of Singapore is the supreme law of Singapore. Ordinary laws that were in force prior to the Constitution coming into force on 9 August 1965 continue to apply after the Constitution's commencement but must be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with
4147-462: Is the head of the judiciary. The Supreme Court is a superior court of record . It is superior in the sense that its jurisdiction to hear civil and criminal cases is unlimited compared to the Subordinate Courts, and it hears appeals from these courts. As a court of record, it keeps a perpetual record of its proceedings. The Court of Appeal is the upper division of the Supreme Court,
4290-488: Is the nation's superior court of record . It is superior in the sense that its jurisdiction to hear civil and criminal cases is unlimited compared to the Subordinate Courts of Singapore , and it hears appeals from lower courts. As a court of record, it keeps a perpetual record of its proceedings. The High Court is the lower division of the Supreme Court, the upper one being the Court of Appeal . The High Court consists of
4433-518: Is up to the Court of Appeal to decide which decision is correct. Where the President has referred to the Constitution of the Republic of Singapore Tribunal a question concerning the Constitution 's effect on a bill , no court – including the Court of Appeal – may subsequently question the Tribunal's opinion on the bill or, assuming the bill is found to be constitutional, the validity of any law based on
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4576-667: Is up to the Court of Appeal to decide which decision is correct. In 1826, Singapore was united with Malacca and Prince of Wales' Island (present-day Penang ) to form the Straits Settlements , which were granted a Court of Judicature by the Second Charter of Justice dated 27 November 1826. The Charter conferred on the Court the jurisdiction of the Courts of King's Bench , Chancery , Common Pleas and Exchequer in civil, criminal and revenue matters, among other things. The judges of
4719-536: The Arts House at the Old Parliament . It was built in 1827 as a residence for a merchant named John Argyle Maxwell, but he opted to rent it to the colonial government for a rent of 500 Indian rupees a month for 15 years. A central room on the upper floor facing High Street was used by the Court of Judicature of Prince of Wales' Island, Singapore, and Malacca, while other rooms were used as government offices. In 1839,
4862-637: The Chief Justice of Singapore and the Judges of the High Court . People qualified to be appointed a Judge must be qualified within the meaning of the Legal Profession Act for at least ten years. or a member of the Singapore Legal Service , or both. The Chief Justice and Judges of the High Court are appointed by the President of Singapore if he, acting in his discretion, concurs with the advice of
5005-473: The City Hall Building next door in 1986, and another six in 1988. The present Supreme Court Building at 1 Supreme Court Lane (formerly Colombo Court) behind the old building was constructed between 2002 and 2005. Occupying 72,000 square metres (780,000 sq ft), it was designed by British architectural firm Foster and Partners and local architectural consultants CPG Corporation . The building
5148-534: The Japanese occupation of Singapore (1942–1945), all the courts that had operated under the British were replaced by new courts established by the Japanese Military Administration. The Syonan Koto-Hoin (Supreme Court) was formed on 29 May 1942; there was also a Court of Appeal, but it was never convened. Following the end of World War II , the courts that had existed before the war were restored. There
5291-598: The Prime Minister . Where the appointment of Judges is concerned, the Prime Minister is required to consult the Chief Justice before tendering advice to the President. In addition, to facilitate the disposal of business in the Supreme Court, the President may, if he concurs with the Prime Minister's advice, appoint people qualified to be judges to be Judicial Commissioners of the Supreme Court. Judicial Commissioners exercise
5434-542: The Queen-in-Council , the latter appeals being heard by the Judicial Committee of the Privy Council . As a result of legislation passed in 1885, the Supreme Court consisted of the Chief Justice and three puisne judges. The Court was significantly altered in 1907. It now had two divisions, one exercising original civil and criminal jurisdiction and the other appellate civil and criminal jurisdiction . During
5577-442: The Subordinate Courts such as District Courts and Magistrates' Courts. The Court also exercises supervisory and revisionary jurisdiction over subordinate courts. The exercise of judicial review of administrative acts carried out by public authorities to ensure that they comply with principles of administrative law is an aspect of the Court's supervisory jurisdiction. Under the principles of stare decisis (judicial precedent),
5720-523: The custody of any child, and the disposition or division of property on divorce. The Chief Justice may direct that the District Court to hear and determine certain types of proceedings when he thinks it is necessary or expedient to improve efficiency in the administration of justice and to provide for the speedier disposal of proceedings started in the High Court. In 1996 aspects of the High Court's jurisdiction to hear matrimonial cases were transferred to
5863-482: The defendant – than a Magistrate's Court would have ordered. Generally, except in probate matters, a civil case must be commenced in the High Court if the value of the claim exceeds S$ 250,000. Probate matters are commenced in the High Court only if the value of the deceased's estate exceeds $ 3 million, or if the case involves the resealing of a foreign grant of probate or letters of administration. Written laws also specify that some criminal matters should be tried in
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6006-484: The legal guardians of infants (minors) and mentally disordered persons, and make orders concerning their persons and property. However, matrimonial and guardianship proceedings have been transferred to the District Court, except for contested applications for the division of matrimonial assets worth $ 1.5 million or more which are still heard in the High Court. Proceedings under the Mental Capacity Act begun in
6149-468: The British were replaced by new courts established by the Japanese Military Administration. The Syonan Koto-Hoin (Supreme Court) was formed on 29 May 1942; there was also a Court of Appeal, but it was never convened. Following the end of World War II , the courts that had existed before the war were restored and remained largely unchanged until Singapore's independence from the United Kingdom through merger with Malaysia in 1963. The judicial power of Malaysia
6292-497: The Chief Justice inspecting a Sikh guard of honour commanded by a subedar outside the Supreme Court, then being met by the Registrar, Deputy Registrar and Sheriff. The four gentlemen made their way to the Chief Justice's chambers in the courthouse, the route lined by police officers and members of the Bar. By 1926, the practice of attending a service at St. Andrew's Cathedral prior to
6435-622: The Chief Justice, the Judge at Penang, and a Senior and Junior Puisne Judge . By this time Singapore had become the centre of government and trade in the Straits Settlements, so the Chief Justice and Senior Puisne Judge resided in Singapore, while the Judge of Penang and the Junior Puisne Judge were stationed in Penang. The Supreme Court was also given jurisdiction to sit as a Court of Appeal. As
6578-401: The Constitution and, if so, to declare such laws to be void. The Singapore High Court adopted a similar stance in its judgement in the 1994 case Chan Hiang Leng Colin v. Public Prosecutor : The court has the power and duty to ensure that the provisions of the Constitution are observed. The court also has a duty to declare invalid any exercise of power, legislative and executive, which exceeds
6721-420: The Constitution of Singapore , and judicial review of administrative acts . With a few limited exceptions, the High Court has the jurisdiction to hear and try any action in personam (that is, directed towards a particular person) where the defendant is served with a writ of summons or other originating process in or outside Singapore, or where the defendant submits to the Court's jurisdiction. In theory,
6864-635: The Constitution. Any law enacted by the Legislature after the commencement of the Constitution which is inconsistent with the Constitution is void to the extent of the inconsistency. Thus, the Constitution reflects the principle established in the landmark decision of the Supreme Court of the United States , Marbury v. Madison (1803): since it is the role of the courts to interpret the law, they have power to decide whether ordinary laws are inconsistent with
7007-430: The Court finds the accused not guilty, it records an order of acquittal. If it finds the accused guilty, it passes sentence on the accused according to law. The High Court is the sole court exercising original criminal jurisdiction that may impose the death penalty . Also, when a person is convicted of an offence punishable with imprisonment for two years or more and had previously been convicted in Singapore or elsewhere of
7150-540: The Court handed down a practice statement declaring that it would regard itself free to depart from previous decisions of its own or of the Privy Council in any case where adherence to such prior decisions would cause injustice in a particular case or constrain the development of the law in conformity with the circumstances of Singapore. Therefore, whilst this court will continue to treat such prior decisions as normally binding, this court will, whenever it appears right to do so, depart from such prior decisions. Bearing in mind
7293-399: The Court has unlimited original jurisdiction – it can hear any type of case no matter how trivial or serious. In practice, though, parties may be penalised by having to pay higher costs (legal fees) if they choose to bring a civil case before the High Court when it is more appropriately dealt with by a subordinate court. Generally, except in probate matters, a civil case must be commenced in
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#17328586147217436-406: The Court has unlimited original jurisdiction – it can hear any type of civil or criminal case, no matter how trivial or serious. However, in practice, parties may be penalised by having to pay higher costs (legal fees) if they choose to bring a civil case before the High Court when it is more appropriately dealt with by a subordinate court. For example, a Magistrate's Court may hear civil cases where
7579-474: The Court is able to hear cases at first instance—it can deal with trials of matters coming before the courts for the first time. A special aspect of the Court's original jurisdiction is its judicial review jurisdiction , under which it determines the constitutionality of legislation and actions taken by the Government . The Court exercises its appellate jurisdiction when it hears appeals from trials originating in
7722-429: The Court is exercising its powers of revision it is up to it to decide whether or not to hear submissions from any party, and no party can claim a right to be heard. However, no order that prejudices an accused shall be made unless he or she has had an opportunity of being heard either personally or by advocate in his or her own defence. When a case has been revised by the High Court, it will certify its decision or order to
7865-473: The Court itself, whenever it appears to the Court that: When exercising appellate jurisdiction in civil cases, the High Court hears appeals from District Courts, Magistrates' Courts and other tribunals. The permission of the High Court, a District Court or Magistrate's Court is needed for an appeal from a District Court or Magistrate's Court case where the amount in dispute or the value of the subject-matter does not exceed $ 50,000. Such appeals are usually heard by
8008-435: The Court must be satisfied that the person has "habitually and persistently and without any reasonable ground instituted vexatious legal proceedings, in any court or subordinate court, whether against the same person or against different persons". All advocates and solicitors admitted to the bar and all officers of the Singapore Legal Service are officers of the Supreme Court . The Court therefore plays important roles in
8151-433: The Court of Appeal are binding on the High Court and Subordinate Courts. Even if judges in these courts disagree with the reasoning given by the Court of Appeal in particular cases, they are required to apply the legal principles laid down in those cases. The Court of Appeal became Singapore's final appellate court following the abolition of all appeals to the Privy Council with effect from 8 April 1994. On 11 July that year,
8294-400: The Court of Appeal normally sits with a bench of three Judges of Appeal, one of whom is the Chief Justice. If necessary though, such as in cases of unusual difficulty or importance, the bench may comprise five or any greater uneven number of judges. Certain appeals, including those against interlocutory orders , may be heard by only two judges. Matters before the Court are decided according to
8437-414: The Court of Appeal possesses all the powers and duties of the High Court, and has "full power to determine any question necessary to be determined for the purpose of doing justice in any case before the Court". The High Court has power to prohibit vexatious litigants from bringing or continuing legal proceedings without its permission. The Attorney-General must apply to the Court for such an order, and
8580-494: The Court of Appeal to hear specific appeals. Pursuant to the Chief Justice's power to appoint Judges of Appeal as vice-presidents of the Court, Justice of Appeal Chao Hick Tin has been Vice-President of the Court since 18 April 2008. The High Court consists of the Chief Justice and the Judges of the High Court, together with Judicial Commissioners who have the same powers and immunities as High Court Judges. When hearing an appeal,
8723-399: The Court only hears appeals from cases originating in the High Court. Matters heard by the High Court on appeal from the Subordinate Courts cannot be further appealed to the Court of Appeal, though questions of law may be submitted to the Court for determination. During a Subordinate Court trial, instead of applying for the trial judge to state a case for the High Court's opinion, a party to
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#17328586147218866-704: The Court were the Governor , the Resident Counsellor, and the Recorder of Prince of Wales' Island, Singapore and Malacca. The Governor's power to overrule decisions of the Recorder led to dissatisfaction as the Recorder was the only member of the Court who was a professional judge, and there were calls for the executive and judicial branches to be separated. This issue was not resolved by the Third Charter of Justice granted to
9009-453: The Court's task is only to ensure that the decision in question was made according to the law. Even though it may disagree with the decision, it will not substitute its own decision for that of the decision-maker. In practice, however, it is sometimes difficult to tell whether the Court is applying that principle. The branch of law dealing with this facet of the Court's jurisdiction is administrative law . The High Court may call for and examine
9152-426: The Court, while the Judge of Penang and the Junior Puisne Judge formed the Penang division. The Supreme Court also received jurisdiction to sit as a Court of Appeal in civil matters . In 1878 the jurisdiction and residence of judges was made more flexible, thus impliedly abolishing the geographical division of the Supreme Court. Appeals from decisions of the Supreme Court lay first to the Court of Appeal and then to
9295-476: The High Court and Court of Appeal sits throughout the year except during the mid-year and end-year court vacations (usually end of May to end of June, and the beginning of December to the beginning of January respectively). The opening of each legal year is marked with a ceremony usually held on the first Saturday of January, though in 2011 it took place on the first Friday. In form it is a court hearing, though lawyers are not required to dress in court robes. During
9438-486: The High Court and possibly to the Court of Appeal in the usual manner. Alternatively, a party to the civil proceedings can start a separate action in the High Court for the constitutional issue to be determined. The High Court exercises powers that are vested in it by written law. For example, it has the power to: The High Court may order that any criminal case be transferred from a subordinate criminal court to any other criminal court of equal or superior jurisdiction, or to
9581-417: The High Court are binding on District Courts and Magistrates' Courts. However, a judge of the High Court is not bound by previous decisions by other High Court judges. As a matter of comity , though, a High Court judge will generally not depart from a previous decision unless there is a good reason to do so, particularly if that decision has stood for some time. If there are conflicting High Court decisions, it
9724-417: The High Court if the value of the estate exceeds S$ 3 million or if the case involves the resealing of a foreign grant. In addition, ancillary matters in family proceedings involving assets of S$ 1.5 million or above are heard in the High Court. Criminal cases involving offences which carry the death penalty and generally those punishable with imprisonment for a term exceeding ten years, are prosecuted in
9867-510: The High Court if the value of the claim exceeds S$ 250,000. Probate matters are commenced in the High Court only if the value of the deceased's estate exceeds $ 3 million, or if the case involves the resealing of a foreign grant of probate or letters of administration. Admiralty matters, bankruptcy proceedings and company winding-up proceedings are exclusively heard by the High Court. The Court also exercises jurisdiction relating to divorce and matrimonial matters ; and to appoint and control
10010-448: The High Court is bound by decisions of the Court of Appeal. In turn, decisions of the High Court must be followed by District Courts and Magistrates' Courts. On the other hand, a Judge of the High Court is not bound by previous decisions by other High Court judges. As a matter of comity , though, a Court will generally not depart from a previous decision unless there is a good reason to do so. If there are conflicting High Court decisions, it
10153-444: The High Court is entitled to consider the case afresh and is not bound in any way by the decision made by the court below. However, during an appeal, witnesses do not appear before the Court again to repeat their testimony . Instead, the Court refers to the notes taken by the judge who presided at the trial at first instance, or the full transcript of the proceedings if this is available. It also listens to legal arguments advanced by
10296-429: The High Court on or after 1 March 2010 are also dealt with by district courts. The High Court has jurisdiction to try all offences committed in Singapore and may also try offences committed outside Singapore in certain circumstances. In criminal cases, the High Court generally tries cases where the offences are punishable with death or imprisonment for a term which exceeds ten years. The High Court also hears appeals from
10439-487: The High Court remained part of the Federal Court structure until 1969, when Singapore enacted the Supreme Court of Judicature Act to regularise the judicial system. Coming into force on 9 January 1970, the Act declared that the Supreme Court of Singapore now consisted of the Court of Appeal, the Court of Criminal Appeal and the High Court. The Judicial Committee of the Privy Council remained Singapore's highest appellate court until
10582-431: The High Court's original jurisdiction is its judicial review jurisdiction. This jurisdiction is implied rather than expressly stated in any statute. The Court exercises two types of judicial review: judicial review under the Constitution of Singapore , and judicial review of administrative acts . However, only the first type is an exercise of the Court's judicial review jurisdiction, as judicial review of administrative acts
10725-470: The High Court. The Registry is also staffed by commissioners for oaths, interpreters, clerks and process servers . Justices' law clerks , who work directly under the Chief Justice's charge, assist Judges and Judicial Commissioners with legal research, particularly for Court of Appeal matters. A Chief Executive of Judiciary Administration and Operations position was established on 1 February 2013. The Chief Executive's main responsibilities include overseeing
10868-512: The High Court. Non-bailable offences are generally tried in the High Court. As a rule of thumb, the High Court in Singapore has inherent jurisdiction to try all matters within Singapore. The earliest predecessor of the Supreme Court was the Court of Judicature of Prince of Wales' Island (now Penang ), Singapore and Malacca , which was established by the Second Charter of Justice, issued by the Crown as letters patent dated 27 November 1826. The Court
11011-522: The Legal Year ceremony on 7 January 2006. There are 12 civil courts, eight criminal courts and three appellate courts. High Court hearings take place in courtrooms on the second through sixth storeys, while the Court of Appeal is on the ninth storey, the highest level, in a disc-shaped structure that is a modern interpretation of the Old Supreme Court Building's dome and is intended to represent
11154-422: The Opening of the Legal Year, Supreme Court judges wear red robes with a black strip around the collar and extending down the front of the robe. The black strip on the Chief Justice's robe is edged with gold. Formerly, a lawyer appearing in open court would wear a dark suit, a shirt with a wing collar, bands, and an English barrister 's black robe. Women lawyers were required to wear skirts. With effect from 1993,
11297-417: The Opening of the Legal Year, the Chief Justice announced that judges would henceforth wear a lightweight black robe over an ordinary white shirt with a turn-down collar and a tie. The difficulty of obtaining shirts with wing collars and the growing sense that the traditional gown was inappropriate for the judiciary of an independent republic were cited as reasons for this change. On ceremonial occasions such as
11440-599: The President on the Chief Justice's recommendation, and are members of the Singapore Judicial Service. Registrars deal with certain types of court proceedings in chambers , such as the assessment of damages , hearings of bankruptcy petitions and applications, interlocutory matters and pre-trial conferences. Registrars are also appointed as district judges or magistrates, which enables them to conduct preliminary inquiries to determine whether there are enough grounds for trying accused persons for criminal offences in
11583-464: The Prime Minister must also consult the Chief Justice before tendering advice on the matter to the President. A judge, for at least ten years, must meet the qualifications of the Legal Profession Act before being appointed. or a member of the Singapore Legal Service , or both. The Court of Appeal is made up of the Chief Justice, who is the President of the Court, and the Judges of Appeal. The Chief Justice may ask High Court judges to sit as judges of
11726-512: The Registrar of the Supreme Court for a practising certificate. Complaints about the conduct of advocates and solicitors may be referred by the Council of the Law Society of Singapore to an inquiry panel appointed by the Chief Justice. The inquiry panel investigates the complaint and reports on the matter to the council. The council, on considering the report, may decide that no formal investigation
11869-489: The Straits Settlements as a Crown colony with effect from 1 April 1867, the Court of Judicature was replaced by the Supreme Court of the Straits Settlements. The Governor and Resident Councillors ceased to be judges of the Court. Further changes to the Court's constitution were made in 1873. It now consisted of two divisions – the Chief Justice and the Senior Puisne Judge formed the Singapore and Malacca division of
12012-433: The Straits Settlements on 12 August 1855, though there were now to be two Recorders, one for Penang and the other for Singapore and Malacca. It was only in 1867 that the Governor and Resident Counsellors ceased to exercise judicial powers. The Court of Judicature of the Straits Settlements was abolished in 1868 and replaced by the Supreme Court of the Straits Settlements. The Supreme Court was reorganized in 1873 to consist of
12155-607: The Subordinate Courts rather than in the High Court. A District Court, for instance, has jurisdiction to try all offences with a maximum term of imprisonment not exceeding ten years or punishable with a fine only, so trials of such offences are generally not held in before the High Court. The Court exercises its appellate jurisdiction when it hears appeals from trials originating in the Subordinate Courts. The Court also exercises supervisory and revisionary jurisdiction over subordinate courts. The High Court has jurisdiction to hear and try any action in personam (that is, directed towards
12298-656: The Supreme Court to emphasize the judiciary's "commitment to transform Singapore into a premier international commercial dispute resolution centre in litigation, arbitration and mediation". The Admiralty Court was established in February 2002 to deal with admiralty law matters, followed in September by the Intellectual Property Court which is presided over by Judges and Judicial Commissioners with expertise in intellectual property law. In April 2003, Justice Judith Prakash
12441-411: The accused elects to reserve a defence (that is, the accused chooses not to respond to the charge at this stage), the magistrate must commit the accused for trial. If the accused elects to make a defence, this may be done by means of a written statement or an oral statement that is taken down in writing by the magistrate. After hearing the defence, the magistrate may either discharge the accused or commit
12584-424: The accused for trial. For certain sexual offences, no committal hearing is required if the Public Prosecutor is of the opinion that there is sufficient evidence providing a foundation for a full and proper criminal trial. In such cases, the Public Prosecutor may by fiat designate that the case be tried in the High Court, or in a District Court or Magistrate's Court. On receiving a fiat, a magistrate must arrange for
12727-492: The accused for trial. If there are insufficient grounds, the magistrate may discharge the accused. If there are peculiar difficulties or circumstances connected with the case, or if the magistrate is so directed by the Public Prosecutor , the magistrate must transmit the evidence before the court to the Public Prosecutor to provide instructions for the disposition of the matter. Otherwise, if the examining magistrate feels that
12870-476: The accused must be acquitted . If the Court finds that a case against the accused has been made out, it must call on the accused to give a defence. It is up to the accused to decide whether or not to offer a defence. The accused, or their advocate, may open the case for the defence, stating the facts or law on which the accused intends to rely and commenting on the evidence for the prosecution. The accused may then examine witnesses, and after their cross-examination by
13013-674: The accused should be committed for trial in the High Court based on the prosecution's evidence, the charge tendered by the prosecution must be read and explained to the accused, and the magistrate must recite the following words or words to similar effect: Having heard the evidence do you wish to say anything in answer to the charge? You have nothing to hope from any promise of favour and nothing to fear from any threat which may have been held out to you to induce you to make any confession of your guilt. You are not bound to say anything unless you desire to do so but whatever you say will be taken down in writing and may be given in evidence at your trial. If
13156-458: The administration and operations of the Supreme Court. Court Administrators assist the Chief Executive in carrying out these duties. The Chief Justice is empowered to determine the sitting times of the High Court and the Court of Appeal and the distribution of business among judges, and to schedule vacations of the Supreme Court not exceeding two months in each calendar year . In general,
13299-426: The admission of lawyers to the bar and their professional discipline. Persons seeking to become advocates and solicitors must apply to the Supreme Court. An advocate is a lawyer who appears in court on behalf of his or her client, while solicitors traditionally deal with non-contentious legal matters that do not require court appearances. As the legal profession in Singapore is fused , applicants are admitted to
13442-405: The amount claimed does not exceed S$ 60,000. If a plaintiff commences an action in the High Court to recover a sum of money based on contract , tort or any written law, and the suit could have been filed in a Magistrate's Court, if the plaintiff eventually succeeds in recovering a sum that does not exceed $ 60,000, she is not entitled to receive any more costs – legal expenses payable to her by
13585-437: The bar as both advocates and solicitors, and may practise as either or both. Admission is in the discretion of the Court and subject to the requirements specified in the Legal Profession Act. The Act specifically provides that no person is disqualified by sex from being admitted and enrolled as an advocate and solicitor. Unless the Chief Justice orders otherwise, applications for admission as an advocate and solicitor are heard on
13728-435: The bar at this time of year. Where a case is difficult and complex, the Court may admit on an ad hoc basis a Queen's Counsel who does not ordinarily reside in Singapore or Malaysia and who has special qualifications or experience to practise as an advocate and solicitor for the purpose of the case. Lawyers practising as advocates and solicitors, other than Queen's Counsel admitted ad hoc , are required to apply annually to
13871-514: The bill. Up to the early 20th century wigs were not consistently worn in court by judges in Singapore, apparently due to the hot climate – in a letter of 13 February 1934 to The Straits Times the writer said that when he first arrived in Malaya seven years earlier he had been "astonished" to discover that judges and barristers did not don wigs, which he felt were "an important or necessary part of Court attire". Full-bottomed (long) horsehair wigs were, however, worn on ceremonial occasions such as
14014-425: The case against the accused is weak, or if it is of the view that further investigations are required to gather evidence for its case. Unless the judge expressly directs otherwise, such a discharge does not amount to an acquittal. This means that if the prosecution is able to obtain additional evidence to bolster its case, it may bring criminal proceedings against the accused again at a later stage. A special aspect of
14157-504: The ceremony became known as the Opening of the Legal Year. The ceremony was generally held on the first Monday in January following the end-of-year court vacation, but in 1971 for the first time it was held on the first Saturday in January to coincide with the inaugural Commonwealth Heads of Government Meeting in Singapore. This set the trend for subsequent years. It appears that the parade by police officers during which Chief Justice inspected
14300-611: The ceremony, the Attorney-General and the President of the Law Society of Singapore deliver speeches. The Chief Justice then responds with his own speech, and also announces the names of advocates and solicitors appointed as Senior Counsel . The speeches generally summarise legal developments over the past year and look forward to the future, and the Attorney-General and Law Society President traditionally pledge that legal officers and legal practitioners will continue to support
14443-434: The charge against the accused person to be read and explained to him or her, and then transmit the case to the appropriate court for trial. All criminal trials before the High Court are heard and disposed of before a single Judge of the High Court. When the Court is ready to commence a trial, the accused appears or is brought before the court. The charge is read and explained, and the accused is asked whether they are guilty of
14586-546: The chief justice and four judges of appeal - three senior judges and 17 international judges. Administration of the Supreme Court is managed by its registry, which handles matters such as receiving and storing court documents filed in the court, and ensuring they are transmitted to judges for use during hearings. The Registry is headed by the Registrar who is assisted by the Deputy Registrar, Senior Assistant Registrars and Assistant Registrars. These officers are appointed by
14729-408: The conviction, sentence or both. However, if the person has pleaded guilty, the appeal may only be as to the extent or legality of the sentence. The Public Prosecutor is entitled to appeal against a person's acquittal. The High Court will not reverse or set aside a judgement, sentence or order of a subordinate court unless it is shown to its satisfaction that the judgement, acquittal, sentence or order
14872-533: The court moved to a newly built one-storey annexe adjacent to Maxwell House so that the latter could be used entirely by the colonial government. Maxwell eventually sold the building to Sir George Bonham , Governor of the Straits Settlements , and the East India Company on 10 October 1842 for 15,600 Spanish dollars . However, the Maxwell House annexe proved to be unsuitable as a courthouse due to noise from
15015-458: The danger of retrospectively disturbing contractual, proprietary and other legal rights, this power will be exercised sparingly. The Court justified this new principle on the basis that "the political, social and economic circumstances of Singapore have changed enormously since Singapore became an independent and sovereign republic. The development of our law should reflect these changes and the fundamental values of Singapore society." Decisions of
15158-516: The decisions of District Courts and Magistrates' Courts in civil and criminal cases, and decides points of law reserved in special cases submitted by a District Court or a Magistrate's Court. In addition, the High Court has general supervisory and revisionary jurisdiction over all subordinate courts in any civil or criminal matter. The High Court exercises powers that are vested in it by written law. It may, for instance, order that evidence be preserved by seizure , detention, inspection, photographing,
15301-566: The decisions of inferior tribunals (including subordinate courts) and other decision-making bodies and persons such as government agencies and officials. The jurisdiction originates from the ancient "jurisdiction in error" exercised by the King's Bench which is now a division of the High Court of Justice of England and Wales . Although the exercise of this jurisdiction by the Singapore High Court
15444-414: The defence and, if necessary, re-examined by the prosecution. When the case for the prosecution is concluded, the defence may invite the Court to dismiss the case on the basis that there is no case to answer . The Court must decide whether there is evidence against the accused which is not inherently incredible and which satisfies every element of the charge against him or her. If there is no such evidence,
15587-416: The defendant's case, and so on. The High Court has jurisdiction to try all offences committed: Before an accused person is committed to trial in the High Court, a committal hearing must be held before an examining magistrate to determine if there is sufficient evidence for the accused to be put on trial. An accused may be committed for trial at once to plead guilty (except to an offence punishable by death),
15730-454: The facts of the case presented by the prosecution disclose sufficient grounds for committing the accused, and the magistrate is satisfied that the accused understands the nature of the charge against him or her and intends to admit without qualification the offence alleged against him or her. In other cases, the examining magistrate must consider the evidence tendered by the prosecution and decide if there are sufficient grounds for committing
15873-620: The honour guard inspection had been revived, and in 1955 it was reported that a service was also held at the Cathedral of the Good Shepherd for Roman Catholic judges and lawyers. Church services ceased to be an official part of the ceremony when Singapore joined the Federation of Malaysia in 1963, though members of the legal profession continued to attend special services in an unofficial capacity. Following Singapore's full independence in 1965,
16016-415: The instance of a party, it will not entertain a request by a party to exercise its power of revision if the party could have appealed from the subordinate court decision but failed to do so. The High Court may also exercise powers of revision in respect of criminal proceedings and matters in subordinate courts. On calling for and examining the records of criminal proceedings or otherwise, the Court may direct
16159-480: The interests of justice appear to require it, the Court may, either of its own motion or if requested by any interested person, call for the records of any matter or proceeding in a subordinate court, whether civil or criminal, at any stage. It may then order that the matter be transferred to the High Court or give the subordinate court directions regarding how the matter should be conducted, as justice may require. When exercising supervisory or revisionary jurisdiction, it
16302-476: The judicial system. Coming into force on 9 January 1970, the Act declared that the Supreme Court of Singapore now consisted of the Court of Appeal, the Court of Criminal Appeal and the High Court. The Judicial Committee of the Privy Council remained Singapore's highest appellate court until a permanent Court of Appeal for both civil and criminal appeals was established. Appeals to the Privy Council were completely abolished in 1994. The Supreme Court of Singapore
16445-416: The judiciary and co-operate with each other. The Opening of the Legal Year ceremony can be traced back to the ceremonial opening of the first assizes of the year which was held in the 19th century when Singapore was managed by the East India Company . The assizes were periodic criminal courts held in Singapore. The ceremony ceased for some years but was revived in 1923. In that year the ceremony involved
16588-400: The latter practice was itself done away with, the Chief Justice commenting that the judges' ceremonial red robes and full-bottomed wigs were "now considered by many to be inappropriate as court dress for Judges and Judicial Commissioners in an independent sovereign Singapore. These have in fact been the butt of more and more derisory comment." In colonial times, a judge in Singapore dressed in
16731-445: The latter's original and appellate jurisdiction, that is, decisions on cases that started in the High Court as well as decisions that were appealed from the Subordinate Courts to the High Court. However, this rule is subject to various restrictions. Some types of High Court decisions are not appealable to the Court of Appeal, while others are only appealable if the Court grants leave (permission). Where criminal matters are concerned,
16874-401: The limits of the power conferred by the Constitution, or which contravenes any prohibition which the Constitution provides. In criminal proceedings, if a question of law arises as to the interpretation or effect of any provision of the Constitution, a party may apply to the trial court for a case to be stated on the legal question to a "relevant court" for its decision. Where the trial court is
17017-467: The lower one being the High Court . The Supreme Court Bench consists of the Chief Justice, the Judges of Appeal, and Judges and Judicial Commissioners of the High Court. All members of the Bench are appointed by the President of Singapore if he, acting in his discretion, concurs with the advice of the Prime Minister . Before Judges of Appeal, High Court Judges and Judicial Commissioners are appointed,
17160-448: The neck" and must avoid "[c]onspicuous jewellery or ornaments". They may either wear a skirt or trousers. Gowns need not be worn when appearing before judges and registrars in chambers. Senior counsel may wear "a gown in the design of those worn by Queen's Counsel of England and Wales " made of silk, a silk and wool mix, or artificial silk. The first courthouse in Singapore was the building known previously as Maxwell House and today as
17303-434: The need for bands and wing-collared shirts was done away with. In open court, male lawyers are required to dress in "the existing gown worn over an ordinary long-sleeved white shirt with a turn-down collar, a tie of a subdued or sober colour, a dark jacket, dark trousers and black or plain coloured shoes". The instructions for the attire of female lawyers is similar, except that they must wear "a long-sleeved white blouse high to
17446-409: The new building as a place where the High Court sits by way of a notification dated 20 June 2005. The High Court exercises both original jurisdiction and appellate jurisdiction in civil and criminal matters. By possessing original jurisdiction, the Court is able to hear cases at first instance; in other words, it can deal with trials of matters coming before the courts for the first time. In theory,
17589-473: The offence or claims to be tried. If the accused pleads guilty the plea is recorded, and may be convicted on it and sentenced . If the accused refuses to or does not plead, or claims trial, the Court proceeds to try the case. Counsel for the Public Prosecutor opens the case by stating shortly the nature of the offence charged and the evidence by which the accused's guilt is proposed to be proved. The prosecution witnesses are then examined , cross-examined for
17732-509: The opening of the assizes. Two judges were notable for habitually wearing wigs: Justice Earnshaw, who wore a full-bottomed one; and Walter Sidney Shaw , Chief Justice between 1921 and 1925, who wore a short bob-wig. Upon his retirement, Shaw C.J. said that he had introduced the custom of wearing his wig in court not because I have any desire to attire myself in fancy costume, or because I wished to give myself any special personal importance, but because I think that it tends to remind, not only
17875-447: The opinion of the majority of the members of the Court hearing the case. If there are only two judges hearing an appeal and they disagree, the appeal is dismissed and the decision appealed against stands. Proceedings in the High Court are heard before a single judge, unless otherwise provided by any written law. A Judge of Appeal may also sit in the High Court as a Judge. As of May 2022, the Supreme Court comprise 28 judges - including
18018-407: The opinion that the business to be dispatched is extremely urgent. The High Court sits at such times and at such places as the Chief Justice appoints from time to time. When the Supreme Court moved from the Old Supreme Court Building and City Hall Building at 1 and 3 Saint Andrew's Road respectively to the present Supreme Court Building at 1 Supreme Court Lane, the Chief Justice formally appointed
18161-514: The parties' lawyers. During an appeal, the Court has the same powers as the Court of Appeal has when it hears appeals from the High Court. The High Court hears appeals from criminal cases originating in the District Courts and Magistrates' Courts. These inferior courts can also reserve points of law arising in criminal cases to be decided by the High Court. In general, a person convicted by a District Court or Magistrate's Court may appeal against
18304-419: The plaintiff has presented all the evidence, the defendant must decide whether or not to adduce evidence. If the defendant elects not to do so, the plaintiff may make a speech closing the case, and the defendant then proceeds to state their case. However, if the defendant elects to adduce evidence, the defendant opens their case, present the evidence, and make a speech to close the case. The plaintiff may then make
18447-403: The proceedings is of or above $ 1.5 million are transferred back to the High Court. Decisions made by the Family Court may be appealed to the High Court, but no further appeal may be brought to the Court of Appeal unless the Court of Appeal or a Judge of the High Court grants leave for such an appeal. In most civil trials, plaintiffs begins the proceedings by making a speech opening the case. After
18590-436: The proceedings may apply to the Court of Appeal for leave for a case to be stated directly to that Court. The High Court hears both criminal and civil cases as a court of first instance – it can deal with trials of matters coming before the courts for the first time. A special aspect of the Court's original jurisdiction is its judicial review jurisdiction. The Court exercises two types of judicial review: judicial review under
18733-412: The prosecution and re-examination by the defence, may sum up the case. The prosecution may then call persons as witnesses or recall persons already examined for re-examination for rebuttal purposes, and such rebuttal witnesses may be cross-examined by the defence and re-examined by the prosecution. Whether or not the accused has adduced evidence, the prosecution has the right to reply on the whole case. If
18876-470: The public and the Bar, but even the judge himself, that he is a representative of that very illustrious body of men – the English judges, who have done so much to establish and maintain the freedom of the English people. From January 1934, judges began consistently wearing wigs in court, and most lawyers followed suit. There was, however, occasional criticism of the practice. The wearing of short wigs by lawyers
19019-405: The record of any civil proceedings before any subordinate court to satisfy itself that any decision made was correct, legal and proper, and that the proceedings were not irregular. Having called for the records, the Court may give orders, including directing that a new trial be held, as seem necessary to secure that substantial justice is done. Although the Court can either act on its own motion or at
19162-423: The same powers and perform the same functions as Judges of the High Court. However, unlike Judges who generally hold office until the age of 65 years, Judicial Commissioners do not have security of tenure . In general, all proceedings in the Court are heard and disposed of before a single judge. Whenever the business of the Court requires, a Judge of Appeal of the Court of Appeal may sit in the High Court and act as
19305-636: The second Wednesday of each month except during court vacations. The Court generally arranges a "mass call" of advocates and solicitors on the last Saturday of May to cater to the large number of graduates from the Faculty of Law of the National University of Singapore and the School of Law of the Singapore Management University completing their professional training and seeking admission to
19448-409: The taking of samples, the conduct of experiments or in any manner, both before and after proceedings are commenced; transfer any proceedings to any other court, or to or from any subordinate court; and order the medical examination of a person who is a party to any proceedings where his or her physical or mental condition is relevant to any matter in question in the proceedings. When hearing an appeal,
19591-482: The trial court, which may then make further orders that conform to the certified decision. Supreme Court of Singapore [REDACTED] The Supreme Court of Singapore is a set of courts in Singapore , comprising the Court of Appeal and the High Court . It hears both civil and criminal matters. The Court of Appeal hears both civil and criminal appeals from the High Court. The Court of Appeal may also decide
19734-452: Was appointed to preside over all arbitration matters brought before the High Court; Justices Belinda Ang Saw Ean and V.K. Rajah were similarly appointed in November of the following year. The High Court sits on every day of the year except Saturdays, Sundays and public holidays , although a Judge may lawfully sit on such days if directed to do so by the Chief Justice or if the Judge is of
19877-433: Was either wrong in law or against the weight of the evidence, or, in the case of a sentence, manifestly excessive or inadequate in the circumstances of the case. If there is no sufficient ground for interfering, the Court will dismiss the appeal. Otherwise, the Court may make the following orders: A District Court or Magistrate's Court may, within ten days from the time of any judgement, sentence or order passed or made, state
20020-413: Was no change in the judicial system when the Straits Settlements were dissolved in 1946, and Singapore became a crown colony in its own right, except that the Supreme Court of the Straits Settlements became known as the Supreme Court of Singapore. Singapore gained independence from the United Kingdom through merger with Malaysia in 1963. The judicial power of Malaysia was vested in a Federal Court ,
20163-533: Was optional, and tended to be favoured by more senior lawyers. At the Opening of the Legal Year on 5 January 1991, the Chief Justice Yong Pung How announced that the Council of Judges had unanimously decided that the short wig would cease to be part of court dress for all judges and lawyers, including Queen's Counsel appearing in Singapore courts. However, judges would continue to wear full-bottomed wigs on ceremonial occasions. Two years later in 1993
20306-410: Was presided over by the Governor of the Straits Settlements and Resident Councillor of the settlement where the court was to be held, and another judge called the Recorder . The Third Charter of Justice of 12 August 1855 reorganised the Court, providing the Straits Settlements with two Recorders, one for Prince of Wales' Island and the other for Singapore and Malacca. Following the reconstitution of
20449-401: Was vested in a Federal Court , a High Court in Malaya , a High Court in Borneo (now the High Court in Sabah and Sarawak ), and a High Court in Singapore. In 1965 Singapore left the Federation of Malaysia and became an independent republic. However, the High Court remained part of the Federal Court structure until 1969, when Singapore enacted the Supreme Court of Judicature Act to regularise
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