Understanding Sentencing in Singapore’s Criminal Courts
Singapore’s criminal justice system is designed to ensure that justice is served in every criminal case. When an individual is convicted of a crime, the court will take into consideration all the facts and circumstances of each case, as well as factors surrounding the offender, to decide on an appropriate punishment that is fair and just.
The prosecutor in a criminal case will first advise the court on the most appropriate sentence – one that is proportionate to the severity of the offence and culpability of the offender – by considering the facts surrounding the case and referencing the case to similar past cases and the punishments that were meted out. The criminal lawyer representing the offender will then assist the Court in deliberating on the appropriate sentence to be imposed by highlighting any mitigating points in favour of the offender.
After considering all factors and the reasons stated by the offender’s criminal lawyer, the Singapore courts will decide on the appropriate punishment and pass the sentence accordingly. The punishments that can be imposed may include capital punishment, imprisonment (including preventive detention), caning, fines, probation, community-based sentences and disqualification orders.
There are four key sentencing principles that the court will take into account when deciding on the appropriate sentence:
1. Retribution
This principle outlines that the offender must be punished for his criminal act and that the punishment must be appropriate, accurate and proportionate to the seriousness of the crime committed, and the harm that was caused.
2. Deterrence
This principle can be subdivided into two parts – general deterrence and specific deterrence.
General deterrence aims to educate the public and deter them from committing similar crimes by sending a strong message that such offences will not be tolerated and will be punished severely.
Specific deterrence aims to educate and deter the offender from repeating the offence by sending a strong message that his behaviour and actions will not be tolerated and will be punished severely.
3. Prevention
The offender must be removed from the general public to protect them from his dangerous behaviour and conduct. For example, through imprisonment.
4. Rehabilitation
This principle aims to give the offender a chance to reform himself from his behaviour and conduct. The court will consider whether the offender is capable of reform. The court will usually place more weight on this principle for young offenders below 21 years of age.
A sentence given to you may not necessarily be most fair and just. But with a criminal lawyer representing you, you can protect your rights and serve a sentence most proportionate to the crime committed.
In Singapore, there are also community-based sentences whereby offenders for minor offences are ordered to do community work or participate in rehabilitation and counselling programmes. These sentencing options provide the courts with greater flexibility in sentencing for less severe cases as these sentencing options are intended to carry less stigma.
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- Mandatory Treatment Order: The offender will be ordered to undergo a mandatory psychiatric treatment prior to imprisonment.
- Short Detention Order: Deter first-time low-risk offenders by giving them a short experience of incarceration.
- Day Reporting Order: The offender will be required to report to a reporting centre regularly. Some of them may be electronically tagged. The close monitoring imposes a level of discipline and aids in rehabilitation.
- Community Service Order: Offenders aged 16 and above will be ordered to work with Voluntary Welfare Organisations to make reparation to the community.
Sentencing in criminal cases is a matter of proportionality and of achieving different sentencing aims which suit the offender and the offence. If you are embroiled in a criminal case and want to know how you can get your sentence reduced, consider speaking with a criminal lawyer in Singapore and having them assist you with pleading your case in court.
Quahe Woo & Palmer is a multi-disciplinary law firm in Singapore with a team of top criminal lawyers. We can assist you in obtaining a fair and just outcome for your case while also protecting your rights. Please reach out to us if you need legal assistance.
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08 September 2023
BY Dylan Ong