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Justices of the Peace
 
Appointment

A Justice of the Peace in Singapore derives his powers from statute law. He is appointed by the President of the Republic of Singapore, under the provisions of section 11(l) of the Subordinate Courts Act (Cap.321). The President may revoke the appointment of any Justice of the Peace. A newly appointed Justice of the Peace is required by section 17 of the Subordinate Courts Act, to take the oath of office and allegiance as set out in the Schedule to the Subordinate Courts Act, before exercising the functions of his office.


Functions, Powers and Duties 
The functions, powers and duties of a Justice of the Peace are set out below:
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Children and Young Persons Act (Chapter 38)

A JP may lay a complaint of any offence committed under the Act before a Court. [Section 20(b)]

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Contact Lens Practitioners Regulations

A person applying for his name to be reinstated in the register of contact lens practitioners, after his registration has been cancelled, shall submit an application to the Registrar accompanied by at least 2 certificates as to the good character and reputation of the applicant signed by a registered contact lens practitioner, a magistrate or a JP. [Regulation 9(1) and (2)]

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Criminal Procedure Code (Chapter 68)

A person is bound to assist a JP reasonably demanding his aid

  • to take any other person whom the JP is authorised to arrest;
  • to prevent a breach of the peace or any injury attempted to be committed to any railway, airport, dock, wharf, canal, telegraph or public property; or
  • to suppress a riot or an affray. [Section 20]

A person found in a place where a search for anything is or is about to be lawfully made may be lawfully detained until the search is completed, and, if the thing sought can be concealed on the person, the person detained may be searched for it by or in the presence of a JP. [Section 26]

When any offence is committed in the presence of a JP, he may himself arrest or authorise any person to arrest the offender. [Section 38]

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Dentists Regulations

An application for registration as a dentist shall be accompanied by evidence of identity in the form of a statement by a registered dentist whose name appears in the first division of the Register of Dentists, a Magistrate or a JP to the effect that the applicant is personally known to him and is in fact the person whose name appears in the application. [Regulation 13(1)(b)]

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Medical Registration Regulations 1998

An application for registration as a medical practitioner to the Medical Council shall be accompanied by evidence of identity in the form of a statement by a registered medical practitioner, a Magistrate, or a JP to the effect that the applicant is personally known to him and is in fact the person whose name appears in the application. [Regulation 13(1) and (2)(b)]

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Merchant Shipping Act (Chapter 179)

Where a receiver of wreck, Superintendent or Assistant Superintendent of Police or Magistrate is not present at any place where a ship is wrecked, stranded or in distress, a JP may, if present, perform the duties and exercise the powers of the receiver of wrecks in Part IX of the Act.[Section 151(1)]

Where a receiver of wreck is absent at a ship which is or has been in distress on the coasts of Singapore, .. a JP shall, as soon as conveniently may be, examine on oath any person belonging to the ship, or any person who is able to give account of the ship, its cargo or stores, as to the matters set out in section 152(1)(a) to (g) of the Act. [Section 152(1)].

The JP shall write down the examination and send a copy of it each to the Maritime and Port Authority of Singapore and the office of the Port Master. [Section 152(2)]

A JP is authorised to take or receive any declaration required to be made under the Act. [Section 188]

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Moneylenders Act (Chapter 188)

Whenever a promissory note is taken as security for a loan and the borrower does not understand the written language on the note, the note shall be attested by a JP.

The attesting JP shall-

  • explain the terms of the promissory note to the borrower; and
  • certify on the note that the borrower appeared to understand the meaning of the note.
  • certify on the note that the money borrowed has been paid over by the lender to the borrower in the presence of the attesting JP (which the lender is required to do).

[Section 30(1)]

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Mutual Benefit Organisations Act (Chapter 191)

A member or subscriber of a registered mutual benefit organisation may nominate in writing any person other than those mentioned in section 18, to receive the benefits provided under the rules of the organisation, and the written nomination is to be signed by himself in the presence of and attested by a JP or a magistrate or the Registrar. [Section 18]

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Oaths and Declarations Act (Chapter 211)

A statutory declaration made in Singapore shall be made before a Court, a person acting judicially or a prescribed person. A JP is a "prescribed person". [Section 11(1)(b) and Regulation 2 of the Oaths and Declarations (Prescribed Persons) Regulations]

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Official Secrets Act (Chapter 213)

A JP, if he is satisfied by information on oath or affirmation, which the JP is authorised to administer, that there is reasonable ground to suspect that an offence under this Act has been or is about to be committed, may grant a search warrant authorising -

  • any police officer named in the warrant; or
  • if so requested, any police officer accompanied by an armed forces officer deputed by the officer in command of such armed forces to-
  • enter at any time any premises or place specified in the warrant, if necessary by force,
  • search the premises or place and every person found in it,
  • seize and retain any photograph, drawing, plan, model, article, note or document or anything like it or anything which is or may be evidence of an offence under this Act having been or being about to be committed, which he may find on the premises or place or on any such person and with regard to or in connection with which he has reasonable ground to suspect that an offence under this Act has been or is about to be committed.

The seal of a court shall not be necessary to validate a warrant issued under this section. [Section 15(l) and (2)]

The information shall be returned without undue delay to a District Court. [Section 15(3)]

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Pawnbrokers Act (Chapter 222)

A JP may at any time during business hours -

  • enter any pawnbroker's shop without warrant to search for and examine the pawnbroker's books and to take extracts and copies from such books.
  • demand the pawnbroker to produce his books for examination, which the pawnbroker shall produce. [Section 44(l)]

A JP may search or order to be searched any person who is brought before him by a police officer who has detained such person for being in or loitering about a pawnbroker's shop in suspicious circumstances, on suspicion of having with him any article which is dishonestly obtained, and if such article is found on the person, the JP may detain him with the article found to be dealt with according to law. [Section 47(3)]

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Pharmacists Registration Rules

The applicant for registration as a pharmacist shall furnish, among other things, a statement from a registered pharmacist, a magistrate or a JP that the applicant is known to him personally. [Rule 3(4)]

An application for the restoration of a name to the register of pharmacists shall be accompanied by at least two certificates of the applicant's identity and good character signed by a registered pharmacist, a Magistrate or a JP. [Rules 12(1), (2) and (3)]

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Prisons Act (Chapter 247)

Every person remanded to a prison by a .... JP, and charged with any offence, shall be delivered to the Superintendent of such prison appointed by the Minister for custody of such persons, together with a warrant of commitment. The Superintendent shall detain that person according to the terms of the warrant, and shall cause that person to be delivered to such JP or shall discharge that person at the time named in and according to the terms of the warrant. [Section 36]

The Minister shall appoint a Board of JP's, called the Board of Visiting Justices. Each member -

  • shall hold office for a period not exceeding 2 years or as the Minister may determine,
  • may be re-appointed or at any time removed from office by the Minister, and
  • may at any time resign from this office by giving written notice to the Minister. [Section 79(1) and (2)]

The Board shall appoint one or more of its members to be, on rotation, a Visiting Justice or Visiting Justices of the Prisons for each month of the year, and such Visiting Justice or Justices shall hear, try and dispose of prison offences to which a report under section 74(l) has been made. [Section 79(4)].

A Visiting Justice may at any time -

  • visit any prison or reformative training centre;
  • inspect the several wards, cells, yards, solitary or punishment cells and other apartments or divisions of the prison;
  • inspect and test the quality and quantity of the prisoners' food;
  • hear the complaints (if any) of the prisoners, and question any prisoner or prison officer;

A Visiting Justice shall -

  • ascertain, so far as possible, whether the prison regulations are adhered to;
  • call the attention of the Superintendent to any irregularity that may be observed in the working of the prison or reformative training centre or in the treatment of any prisoner confined therein; and
  • exercise and perform such other powers and duties as may be prescribed by the Minister by regulations. [Section 79(3)]

Every Visiting Justice shall, for the purposes of this Act, have power to summon witnesses and to administer oaths. [Section 79(5)]

A JP having jurisdiction in the place where any prison is situated may -

  • whenever he thinks fit, enter into and examine the condition of such prison, and of the prisoners in it;
  • question any prisoner or officer; and
  • enter any observations he thinks fit in reference to the conditions of the prison in a Visitor's Book which shall be produced to the Visiting Justices at their next ensuing visit. [Section 80]
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Regulations of Imports & Exports Act (Chapter 272A)

Whenever it appears to a JP, upon information and after such inquiry as he may consider necessary, that there is probable cause to believe that there are any goods or property liable to forfeiture under the Act, concealed or deposited in any dwelling-house, shop or other building or place, the JP may, by warrant directed to any senior authorised officer, empower that officer to enter that dwelling-house, shop or other building or place and there to search for and take possession of any goods or property reasonably suspected to be so liable to forfeiture and any books, documents or articles which may reasonably be believed to have a bearing on the case. [Section 22(1)]

A "senior authorised officer" means -

  • any senior officer of customs;
  • any officer of the International Enterprise Singapore Board appointed in writing by the Director-General of Customs;
  • any police officer; or
  • any officer or class or description of officers appointed by the Minister by notification in the Gazette as a senior authorised officer.
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Secondhand Dealers Act (Act 4 of 2007)

Every licensed dealer of secondhand goods shall keep in his shop a book recording all goods bought and sold by him with -

  • date of purchase, seller's name and address and other prescribed particulars; and
  • date of sale, buyer’s name and address and other prescribed particulars.

Such books shall be produced for examination at any time on demand by a JP. [Sections 10(1) and (5)]

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Singapore Citizenship Rules

A declaration of renunciation of citizenship required by Articles 128(1) of the Constitution or the Oath of Renunciation, Allegiance and Loyalty required by Articles 122(2), 126(1), 126(3) and 127(4) of the Constitution, shall be of no effect unless it is made in the prescribed form and, if made in Singapore, is signed in the presence of or administered by a JP or any person authorised to administer oaths. [Rule 19(1)(a)]

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Societies Act (Chapter 311)

Any JP may -

(a) enter, with or without assistance; or(b) by warrant under his hand or by writing under his hand, authorise any police officer below the rank of Assistant Superintendent to enter, with or without assistance,

using force if necessary, into any dwelling house or other building, or into any place in which he has reasonable ground to believe that -

* a meeting of an unlawful society, or of persons who are members of an unlawful society, is being held; or

* any books, accounts, writings, banners, or insignia belonging to an unlawful society are concealed, kept or deposited.

The JP or the police officer so authorised by him may - (a) arrest or cause to be arrested all persons found in the house;(b) search that house, building or place; and (c) seize or cause to be seized all books, accounts, writings, banners, documents, flags, insignia, arms and other articles which he has reasonable cause to believe to belong to any unlawful society, or to be in any way connected with it. [Section 28(l)]

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Town Councils Act (Chapter 329A)

The declaration of acceptance of the office of the Chairman or Vice-Chairman of a Town Council is to be made and subscribed on the relevant prescribed form by the respective office-holder before a JP, Magistrate or commissioner for oaths. [Section 9(11) and the Schedule]

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Trade Marks Rules, Patents Rules, Registered Design Rules & Plant Varieties Protection Rules 2004
  • The statutory declarations filed under or used in any proceedings under the Trade Marks Act (Chapter 332) or the Trade Mark Rules;
  • the statutory declarations or affidavits filed under the Patents Act (Chapter 221) or Patents Rules;
  • the statutory declarations filed under the Registered Design Rules or used in any proceedings under the Registered Designs Act (Chapter 266); and
  • the statutory declarations filed under or used in any proceedings under the Plant Varieties Protection Act (Act 22 of 2004) or the Plant Varieties Protection Rules 2004,

shall be made and subscribed, when done in Singapore, before any JP, or any commissioner for oaths or other officer authorised by law to administer an oath for the purpose of legal proceedings. [Rule 70 of the Trademark Rules, Rule 103 of the Patents Rules, Rule 55 of the Registered Designs Rules and Rule 59 of the Plant Varieties Protection Rules 2004.]

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Traditional Chinese Medicine Practitioners (Register and Practising Certificates) Regulations

An application for restoration of a registration to carry out any prescribed practice of traditional Chinese medicine shall be accompanied by at least two certificates as to the good reputation and character of the applicant signed by a registered person, magistrate or JP. [Regulation 8(1) and (2)]



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