Magistrates' Complaint
A person seeking redress against another whom he believes has committed an offence, has to appear before a Magistrate to make a Complaint. The document or written complaint that this person files before the Magistrate is known as the Magistrates' Complaint. The person filing the Complaint is known as the Complainant and the person against whom the application is made is known as the Respondent.
1. When can I make a Magistrates' Complaint ?
You can make a Magistrates' Complaint against a person whom you believe has committed an offence punishable by law.
2. What if I do not know the identity or the address of the person against whom I am complaining ?
You may still make the complaint, and if the complaint discloses an offence punishable by law, a Magistrate can direct the police to investigate the matter.
3. Must I bring any documents with me ?
Yes. You must come personally to the Subordinate Courts with the following documents, if any:
a) police report(s);
b) any other relevant documents supporting your complaint (such as medical reports, if you have suffered personal injuries)
4. How do I make a Magistrates' Complaint ?
Obtain a Complaint form from the Complaints' Section of the Crime Registry located at Level One of the Subordinate Courts Havelock Square Complex. You may also download a copy of the Complaint form from our website.
Fill in the particulars required in the Complaint Form. There are Chinese, Malay and Tamil interpreters who can help you translate your complaint into English if you are unable to do so yourself.
Hand your complaint as well as your identity card or any identification papers for example, passport, work permit etc to the counter staff. A court officer will then accompany you to swear or affirm your complaint before a Magistrate.
5. What can I do if a Magistrates' Complaint is filed against me ?
If you have received a Notice informing you that a Complaint has been lodged against you, you may file a cross-Complaint against the complainant provided there are grounds for doing so. You would have to inform the Complaints Section of your intention to file a cross-Complaint and to provide the reference number as well as the date and time you are required to appear in Chambers before the Magistrate. If the Magistrate deems it necessary, he will direct that your Complaint be fixed on the same date and time as the original Complaint.
6. What orders can a Magistrate make ?
The Magistrate can do any of the following:
a) If he is of the view that further inquiry into the matter is necessary, he will direct the police to investigate.
b) If he is of the view that it is a private or relational dispute over minor offences such as simple assault, nuisance or causing mischief, he will direct that a Notice be issued to you and the respondent (the person against whom you are complaining) to appear before a Magistrate on another day. On that day, both parties will attend before a Magistrate in Chambers for mediation.
c) For item b), if you do not know the identity or the address of the person(s) against whom you are complaining, the Magistrate will direct the police to ascertain the particulars of the respondent(s). Once the particulars are available, the Magistrate will issue a Notice to you and the respondent to attend before him in Chambers.
d) If the Magistrate is of the view that the Complaint is without any basis, it is a civil matter or does not disclose any offence punishable by law, he may dismiss the Complaint.
e) If the Magistrate is satisfied that the respondent has committed an offence punishable by law, he may issue a summons against the respondent.
7. What happens when a Magistrate directs the police to investigate the Complaint ?
The complaint and all relevant documents provided by the complainant will be sent to the Police for them to investigate. In their investigations, the police may call up the complainant and the respondent. Once the Police have completed their investigations, they will forward a report to the Magistrate. The complainant may be asked to come to Court by the Magistrate to explain the outcome of police investigations. Once the complainant is before the Magistrate, he may make any of the orders b) or d) as mentioned above.
8. What happens when a Magistrate fixes a matter for mediation ?
When both parties appear before a Magistrate, he may do any of the following:
a) He may refer both parties to a Community Mediation Centre(CMC) if you and the respondent consent to it. The CMC has a panel of trained Mediators who are respected members of society coming from all walks of life. If the matter is settled, parties would sign a Settlement Agreement. Where there is no settlement, fresh Notices will be sent to you and the Respondent to appear before the Magistrate.
b) He may mediate the matter himself. If a settlement is reached, the complaint will be withdrawn and no further action will be taken. If there is no settlement and you wish to proceed to trial, a summons will be issued once you have prepared the necessary charges against the respondent and a fee of $1 for each summons is paid
c) He may refer you and the respondent to a Court Mediator for mediation. If a settlement is reached, the Mediator would inform the Magistrate and the steps taken would be as b) above. Similarly, if no settlement is reached, the steps taken would be as b) above.
9. What happens when a summons is issued by the Magistrate against the respondent ?
The complainant will have to accompany the Court process server to serve the summons personally on the respondent. Transport charges for the service of the Summons are payable by the complainant.
The Summons will require the respondent to attend court on an appointed day and time.
On the day of the trial, if the respondent attends Court, he will be asked whether he is guilty or not guilty of the charge(s) against him. If he pleads guilty, he will be sentenced by the Court immediately.
If he claims trial, the Court will hear the trial on the same day or fix the matter for trial on another day as the case may be.
If the respondent is absent on that day, the Court will issue a Warrant of Arrest against him.
10. What fees are payable by the Complainant in respect of a Magistrates' Complaint ?
The complainant will have to pay a fee of S$1.00 if a Summons or a Warrant of Arrest is issued by the Magistrate against the Respondent.
11. Can I withdraw my complaint after it has been lodged ?
To avoid unnecessary work and inconvenience, you should consider carefully before lodging your complaint. If you decide, for any reason, to withdraw your complaint, you should come personally to the Complaints Section at the Crime Registry to make a withdrawal before a Magistrate.
12. Do I need to engage a lawyer ?
Although there is no need to engage a lawyer to help you make a Magistrates' Complaint, you may wish to engage one if a Summons is issued against the respondent. This is because you will have to prosecute the case by proving to the Court that the respondent committed an offence alleged in your Complaint.
For more information, please contact:
The Complaints Section
Criminal Justice Division
Subordinate Courts
1 Havelock Square, Singapore 059724
Tel: 6435 5881/4355 121 Fax: 6435 5122
