The Criminal Law (Temporary Provisions) Act has been around for a long time. First promulgated in 1955, even before our independence, the Act allows the detention of criminal suspects without a trial.

The Act has been extended 13 times in our history, and it's about to be extended again. On Jan. 9, the Criminal Law (Temporary Provisions) (Amendment) Bill was introduced for its First Reading in Parliament.

What's in the Bill?

The Bill was tabled in Parliament on Jan. 9. It proposes to:

1. Extend the Act for another 5 years with effect from 21 October 2019.
2. Restrict the powers of the Home Affairs Minister by clarifying the scope of the criminal activities under the Act.
3. Clarify that the Minister's decisions on the matters in Section 30 of the Act are final.
4. Strengthen the administration of the Police Supervision Order (PSO) regime.

Now the second part is getting the most attention, because it's the first time in more than 60 years that a list of the crimes which the Act can be used for will be defined.

Under the proposed Bill, these will include:

• Unlicensed moneylending;
• Drug trafficking;
• Involvement in a secret society, or as a gangster;
• Human trafficking;
• Robbery with firearms;
• Murder;
• Gang rape;
• Kidnapping;
• General offences relating to the participation in or facilitation of activities for an Organised Criminal Group; and
• Attempting to carry out, abetting, or being a party to a criminal conspiracy to carry out, any activity listed in this schedule.

Prompted by match-fixing case

This Bill was created in response to a 2015 case in which alleged match-fixing syndicate boss Dan Tan was freed from detention by the Court of Appeal.

Tan was detained in prison under the Act in Oct. 2013. However his lawyers challenged his detention. In Nov. 2015, the Court of Appeal ruled that his detention was unlawful.

Back then, MHA stated that:

"We will carefully consider what needs to be done in the current situation. The Ministry of Home Affairs will study the judgment carefully and assess further steps."

This Bill is it.

Possible pros

There are definitely merits to this Bill. By clearly defining the scope of criminal activities for which you can be detained without trial, it limits the reach of the Act.

This is different from measures dealing with terrorism-related activities, as those are dealt with by other security agencies.

Officers of the Central Narcotics Bureau will be empowered to investigate breaches of PSOs, not just police officers. This frees up manpower for the police.

Possible cons

What's in Section 30 of the Act? It states that the Minister may direct that someone be detained if he is satisfied that:

• The person is linked to criminal activities.
• The person's detention is necessary for reasons of public safety, peace and good order.

A Detention Order (DO) can detain someone for up to 12 months. A person can be subject to police supervision under the PSO for up to 3 years.

This Bill would make the Minister's decision final in such cases.

There is concern that by "limiting the scope" of activities in the Act, it would actually make it harder for someone to challenge their detention, even if their alleged crime is not severe enough to warrant detention.

There is also the question of whether there is room for judicial review, if the Minister's decision is final.

Safeguards in place

However, the Bill does include a number of safeguards to prevent overreach. Before any Detention Order or PSO can be issued by the Minister, the Public Prosecutor needs to consent first.

Each DO and PSO will then be assessed by an independent Advisory Committee, which are comprised of private citizens including Justices of the Peace, former judges, and senior lawyers.

This Committee will then present its recommendations to the President, who can confirm, vary or cancel the Order on advice of the Cabinet.

This Bill will surely elicit a lively debate, both in Parliament and elsewhere. It's worth paying attention.

Top image by Pixabay.