Formal Commencement of Proceedings
If there is no settlement, the Complainant may wish to proceed to trial by way of a private summons. A Summons will be issued once the Complainant has prepared necessary charges against the Respondent. There is a fee of $20 payable for each Summons.
Service of Summons
The Complainant must serve the Summons on the Respondent. This is to give the Respondent notice that a Complaint has been made against him/her. Service of Summons can be done in the following ways:
- Personal service: an authorised person (usually the Court Process Server if the Complainant does not have a lawyer) must hand the Summons to the Respondent personally. The Complainant will have to accompany the Court process server to serve the summons on the respondent. Transport charges for the service of the Summons are to be borne by the Complainant.
If personal service fails, the process server may obtain the Court's approval to serve the Summons by:
- Leaving the Summons with an adult member of the Respondent's household; or
- Affixing the Summons on the front door of the Respondent's place of residence
It should be noted that a Summons cannot be served on a Respondent who is residing outside Singapore. If the Complainant does not know the current address of the Respondent, the Court will ascertain the address through available official records (where possible) to effect service accordingly.
However, if it can be shown that the Respondent is no longer residing at the address that is reflected in the available official records, the Complainant has a duty to find out the Respondent's current local address where he resides. If the address cannot be determined, the Complaint cannot proceed.
Hearing of Summons
The case will proceed to hearing once the Summons has been served on the Respondent. At the hearing, the Respondent will be asked to enter a plea of guilty or not guilty. If the Respondent elects to plead guilty, the Court will adjourn the matter (either before or after the plea is taken) for the Complainant to write to the Criminal Investigation Department (CID) for the Respondent's criminal records to be forwarded to the Court before the sentence is imposed. At the next adjourned date, the Respondent will be sentenced accordingly once the criminal records have been forwarded to the Court.
The matter will proceed to trial if the Respondent elects to claim trial to the charge(s). The parties will give evidence in open court to prove their respective cases. The usual procedures of calling witnesses to support their case as well as the cross examining of witnesses will take place in open court. Cross-examination refers to the questioning of witnesses on what is said in evidence by the other party or his lawyer. The respective parties or lawyers representing the case will then present a summary of the case with the supporting arguments to the trial judge. The duration of the trial may take one or several days depending on the complexity of the case. At the end of the hearing, the Court will decide whether the Respondent is guilty of the offence(s) as charged.
If the Respondent is absent on the day of the trial, the Court may issue a Warrant of Arrest against him. If a Warrant of Arrest is issued, the matter will be handed over to the Singapore Police Force's Warrant Enforcement Unit for execution. This may not take effect immediately. Once the Warrant of Arrest is executed, the police will arrest the Respondent and produce him in court. The Court will offer the option to post bail for the Respondent, and the case may be re-fixed for mediation for parties to resolve the matter. If the mediation fails, the Complainant has the option to proceed with the trial against the Respondent at a later date.
All enquiries on the status of execution of Warrants of Arrest may be made to the Warrant Enforcement Unit located at:
Central Police Division HQ
391 New Bridge Road, Police Cantonment Complex Blk A
Tel: 6557 5017
Fax: 6220 5083