A criminal motion is a request made to the court by the prosecution or the defence (accused) for an order or ruling on some points of law that arise in a criminal trial. These applications are typically filed in criminal proceedings in the Court of Appeal or the High Court.
Why do you need to file a criminal motion?
There are many reasons to file a criminal motion application, including:
- To introduce additional evidence during trial in court
- Bail pending trial
- Changing the amount of bail.
- Asking for an extension of time for filing a Petition of Appeal or Notice of Appeal
- Requesting for leave to submit questions related to public interest laws to the Court of Appeal
- Varying or quashing State Courts’ orders
- Requesting for production of documents or papers
- Transferring a case to the High Court from State Courts
- Requesting release of any frozen or seized property
When to file a criminal motion?
Depending on what the application is for, the criminal motion can be filed before, during, or after the criminal proceedings.
Forms to submit
Notice of Motion
The form you need to fill out depends on the nature of your application.
- Form 73 is for variation of bail
- Form 74 is to apply for an extension of the application filing time
- Form 75 is used for the introduction of further evidence
- Form 72 is used for all other applications.
- The form needs to include the reason you are filing the criminal motion and the information pertaining to your case (parties involved, date, and case number).
Supporting affidavit
The second document you will need is the signed statement that explains why you are making the application. You may need to use a prescribed template depending on your case and the practice directions of the specific court that is handling your case.
Your affidavit should include these details:
- Your occupation and residential address
- Work or business address, company name, and designation if you are presenting evidence in your official capacity
- Facts pertaining to the case
- Your information sources.
- Supporting evidence (photographs, documents, merchandise, CDs) you want to use with your affidavit
Given the importance of filing the motion accurately, it is recommended to hire an experienced Singapore criminal lawyer who files the Notice of Motion online on your behalf using the eLitigation system.
What happens next?
Once the criminal motion is filed, the court informs the applicant of the hearing date. The notice of motion and the supporting affidavit need to be served to the other party/parties at least seven days before the hearing date.
On the designated hearing date, the court will determine whether to grant your application or dismiss it as well as the terms of granting the motion.
If you have been arrested or are currently under investigation for a criminal offence in Singapore, it is essential to seek legal advice from experienced criminal lawyers.
Our Singapore criminal lawyers have a proven track record of successfully defending our clients’ rights and will work tirelessly to safeguard your interests.
