Concerns about being searched randomly by police under proposed law are 'unfounded': Shanmugam

Concerns about being searched randomly by the police are "unfounded", said K Shanmugam. 

The Minister for Home Affairs and Law was responding to questions on enhanced police powers under the Criminal Procedure (Miscellaneous Amendments) Bill in an interview with AsiaOne on Jan 26. 

The Bill was first read in Parliament on Jan 10. 

If passed in Parliament, the Bill will allow the police to conduct searches without a warrant when they have reason to believe that a suspect possesses the relevant evidence for a case. 

They can also remove dangerous items held by suspects at the point of arrest, such as razor blades and needles. 

The current law only allows the police to conduct a search without a warrant only if an officer has reason to believe that a person will not produce the evidence when subject to a production order. 

Suspects who are uncooperative can hamper investigations by delaying searches and tampering with evidence, the Home Affairs and Law ministries explained in a joint press release.

'Concerns are unfounded'

When asked if these amendments would lead to the police conducting searches "at random", the Minister told AsiaOne: "I think these concerns are unfounded." 

He explained that the proposed amendments in the Bill are meant for the police to search a place to investigate a specific arrestable offence. 

"If the police reasonably believe that there is likely to be evidence in this place, then surely you would want them to investigate." 

"Sometimes they don't find the evidence, but you can't say they can't search unless they find the evidence — that's putting the cart before the horse." 

Under the Bill, besides conducting searches, the police will also be empowered to require accused persons to undergo a Forensic Medical Examination (FME) in cases where it is relevant. 

FME comprises physical medical examinations and the collection of samples from any body part including intimate parts. 

"For example, if you're accused of sexually assaulting someone, the police can require you to undergo FME, to give a DNA swab to see if the swab matches that found on the victim," Shanmugam explained. 

The Bill, which proposes a framework for carrying out FMEs, also stipulates that reasonably necessary force may be used for FMEs that do not involve intimate parts or invasive procedures. 

Force cannot be used for procedures involving intimate body parts and invasive procedures. 

However, refusal to undergo FME without a reasonable excuse will be considered an offence under the Bill, where a person faces a jail term of up to seven years, a fine, or both.

Safeguards will be put in place to ensure that FME is conducted appropriately, and that those subjected to FME are treated sensitively, said the ministries. 

'We always review our policies' 

During the interview, Minister Shanmugam was also asked if the introduction of the Sentence for Enhanced Public Protection (SEPP) was due to an increase in serious sexual and violent crime here in recent years. 

"It's not because of that, but we've been seeing some of these cases, and they're quite serious. And you know, we always review our policies to see how they can work better," he said. 

The Minister also cited some recent cases of egregious sexual crimes, such as the case of a diagnosed paedophile who was sentenced to 20 years' preventive detention in May 2022 for sexually assaulting his two grand-nieces. 

The man was previously convicted of raping his step-daughter, who about six years old in 1996. 

"Under the existing law, when these offenders finish their sentences, they have to be released unconditionally, even if they are at high-risk of re-offending.

"And if they do, it's another life completely and tragically affected," Shanmugam said. 

Under SEPP, offenders will have to serve a minimum period of between five and 20 years.

At the end of the minimum term, the offender will only be released if he is determined to no longer pose a threat to the public by the Minister for Home Affairs. 

READ ALSO: Those who commit serious sexual and violent crimes can be held indefinitely after jail term under proposed law

claudiatan@asiaone.com

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