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Private prosecution and summons
What is private prosecution
Private prosecution is a criminal proceeding started by a private organisation or individual.
It allows a person who believes an offence has been committed against him to pursue criminal legal action.
The complainant prosecuting the case is the prosecutor and the respondent being prosecuted is the accused.
A accused who is found guilty and convicted by the court can be sentenced to a fine, imprisonment or other criminal punishments as determined by the court.
Note
The main purpose of a prosecution is to punish an offender for committing a crime. The prosecution does not stop the victim from starting a civil case against the offender.
How private prosecution begins
You will first need to file a Magistrate's Complaint. You can start legal proceedings for private prosecution if the magistrate decides that there is sufficient reason for your case to proceed to private prosecution.
Private prosecution will start after the court issues a summons and you serve it on the accused. You may conduct the prosecution yourself or engage a lawyer to do so for you. The court is independent and will not be able to give you legal advice or assist you in the conduct of your prosecution.
How to issue and serve a private summons
Issuing a private summons
Before the court issues the private summons, you need to do the following:
Step 1: Prepare the charges against the accused.
A charge is a document that states precisely what wrongdoing the accused is accused of, including the facts of the offending conduct (such as the date, time, location and description of the conduct) and the legal basis of the offence (the name of the statute and the exact section that criminalises the conduct).
The purpose of a charge is to ensure that the judge knows exactly what is being alleged and can decide on the truth or falsehood of the claims.
Step 2: File and pay $20 for each summons. (This is in addition to the $20 paid earlier to file a magistrate's complaint) You can make payment via PayNow or in person at level 2 of the State Courts.
Tip
You can draft the charges with the Automated Court Documents Assembly (ACDA) e-service, which provides guiding pointers on what to include. Please note that officers from the State Courts are not able to give legal advice on how you should draft your charges. If you require additional help, please seek legal advice.
Serving a private summons
Step 3: After the court has issued the summons, you need to serve the summons on the accused. This means handing the summons to the accused in person.
If you do not have a lawyer, an authorised person from the court must serve the summons on the accused. You need to:
- Accompany the authorised person from the court to serve the summons.
- Pay the transport charges for this trip.
If the accused is not present to receive the summons personally, you may obtain the court's permission to serve the summons in one of the following ways:
- Option 1: By leaving the summons with an adult member of the accused's household.
- Option 2: By affixing the summons on the front door of the accused's place of residence.
Note
The summons can only be served on accused persons living in Singapore. It cannot be served on accused persons living overseas.
Hearing of a private summons
The case will proceed to a hearing.
At the hearing, the accused will be asked whether he wish to plead guilty or claim trial. Their answer will determine what happens next:
The court may postpone the matter to another date for a plead guilty mention. The prosecutor will need to write to the Singapore Police Force's Criminal Investigation Department to request the accused's criminal records (if any) to be forwarded to the court.
The court will then sentence the accused.
If the accused does not plead guilty, the case will proceed to a trial.
Both the prosecutor and accused will give evidence in court to prove their case. This trial will follow the usual procedures, which include calling and cross-examining witnesses.
The trial may take one or more days depending on the complexity of the case. At the end of the trial, the court will decide whether the accused is guilty of the offence.
There are 2 possible outcomes:
| Verdict | Outcome |
|---|---|
| The accused is found guilty | The court will convict and sentence the accused. |
| The accused is found not guilty | The court will acquit the accused, who goes free. |
If the accused does not attend any of the hearings, the court may issue a warrant of arrest. The Singapore Police Force's Warrant Enforcement Unit will arrest and hand over the accused to the court.
Note: Please contact the Warrant Enforcement Unit for enquiries on the execution of a warrant of arrest.
The court will offer the option of bail to the respondent. The court may also direct the case to criminal mediation for the parties to resolve the matter. If mediation fails, the prosecutor can choose to proceed with the trial against the accused again.
Appeal against a private prosecution decision
If you are the accused, you can appeal against your conviction or sentence.
If you are the prosecutor, you cannot appeal against the court's decision unless you have written approval from the Attorney-General's Chambers.
Need help?
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out more
Go to Step-by-step guide
Step-by-step guide
Check if your case is eligible
File the complaint
Follow the magistrate's order
2024/11/27
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