If you cannot attend your ACRA court date, apply to change it before the hearing, not after. The State Courts allow a court date to be changed through the Integrated Criminal Case Filing and Management System (ICMS), using Singpass, or by writing to the Registrar. Night Court cases have a separate Application for Adjournment Form. The court decides each request on its merits. Until it agrees, the original date stands, and a director who simply stays away risks a warrant of arrest. A charged company can avoid the problem by sending a different representative. If you are unwell on the day, you need an original medical certificate stating that you are unfit to attend court.
This guide explains the routes for changing a date, what counts as a good reason, and what to do when the request is refused or made too late.
First, does the person need to attend at all?
Before asking to move the date, check who is actually required in court:
- The company is charged. It can appear through any duly appointed representative under section 117 of the Criminal Procedure Code 2010. If the director who planned to attend is unavailable, another director, the company secretary or another officer can go with a Letter of Authorisation. See the Letter of Authorisation and board resolution.
- A director is charged personally. The director must attend, unless the court dispenses with personal attendance. Section 154 of the Criminal Procedure Code allows that in some cases, with the accused appearing by a lawyer.
Often the simplest solution for a company charge is a different representative, not a new date.
How to apply to change the date
Through ICMS
The Singapore Courts’ ICMS lets an accused person log in with Singpass to view the case, change court dates and file certain applications. If you have a lawyer on record, the lawyer files instead. Guidance published for ICMS indicates that some Night Court cases allow a limited number of automatic adjournments, while for Day Court regulatory cases the request should be made at least two working days before the hearing. Check the current rules in ICMS for your case.
In writing
The Singapore Courts’ page on changing a court date also allows applications by letter to the Registrar, State Courts. For Night Court cases there is an Application for Adjournment Form. Include the case number, the accused’s name and ID number, the current date, the reason and supporting documents, and dates you are available.
Through ACRA’s prosecutor
Telling ACRA’s prosecution team does not change the court date, which is a matter for the court. It is still sensible to let ACRA know, especially if you are asking for time to file documents or make representations. The prosecution’s view may be relevant to the court.
What reasons are likely to be accepted?
| Reason | Likely approach | Evidence |
|---|---|---|
| Medical: unfit to attend court | Generally accepted if properly documented | Original MC stating “unfit to attend court” |
| Need time to appoint a lawyer | Commonly accepted at an early stage | Brief explanation; the lawyer’s details if already engaged |
| Making representations to the prosecution | Commonly accepted | Copy of the representation or a statement it will be sent by a date |
| Pre-booked overseas travel | Considered on the facts | Booking made before the summons was received |
| Work commitments | Less likely on their own | Usually expected to be rearranged |
| Need time to file overdue documents | Often raised at the mention itself | Plan and date for filing |
If you are unwell on the day
The Singapore Courts require an original medical certificate that states the doctor’s name and has the doctor’s full signature and stamp, the clinic’s name, a statement that you are unfit to attend court, your full name, and the dates covered. An MC that says only “unfit for work” may not be accepted. Get the MC to the court as soon as possible, and follow up to find out the new date.
If the application is refused or not answered
The Singapore Courts say that if your request is refused you must attend on the original date. An application that has not been decided is not permission to be absent. If you cannot attend:
- For a company charge, send another authorised representative.
- For a personal charge, ask a lawyer to attend and explain, and to ask the court to dispense with your attendance or adjourn.
- If you miss the date anyway, act immediately. See what to do after a missed ACRA court date.
Asking for an adjournment at the mention itself
Many adjournments are given at the hearing rather than in advance. If you attend and need more time, the Singapore Courts recognise reasons such as appointing a lawyer, making representations to the prosecution, and raising money to pay a fine. Ask for a specific period and say what you will do in that time. See your first court mention for an ACRA summons.
Example
This example is hypothetical. A director received a summons for his company and himself with a court date during a long-planned overseas trade fair. He booked the trip before the summons arrived. For the company’s charge, his co-director agreed to attend with a Letter of Authorisation. For his own charge, he applied through ICMS to change the date, attaching his flight booking and the fair registration. The court granted a new date after his return. He used the time to file the overdue annual return so that he could plead guilty with the default already remedied.
Frequently asked questions
How many times can I postpone?
There is no fixed number for every case, and each request is decided on its merits. Repeated requests become harder to justify.
Can I postpone because I am overseas permanently?
A director based overseas still has to deal with a personal charge. See options for a foreign director overseas with an ACRA summons.
Can the company representative use ICMS?
ICMS uses Singpass. If you are attending for a company and cannot apply through ICMS, write to the Registrar with the case details and your Letter of Authorisation.
The full series
For every stage of an ACRA prosecution, see our complete guide to ACRA court summonses.
Need help with an ACRA court date?
If your company, or you as a director or shareholder, cannot attend an ACRA court date and needs to arrange a representative or an adjournment, contact the Raffles Corporate Services team at [email protected] or on WhatsApp at +65 8501 7133 or +65 9018 0072. We will help you understand the documents and deadlines and prepare the company’s authorisation. Where your matter needs a lawyer, we will refer you to a firm on our panel of Singapore law firms that regularly handles regulatory prosecutions and Companies Act offences. Raffles Corporate Services is a corporate services provider, not a law firm, and this article is general information, not legal advice.
Willie Tan, Raffles Corporate Services