SINGAPORE: The Ministry of Law on Wednesday (Feb 28) proposed in Parliament 52 changes to the Criminal Procedure Code (CPC) and Evidence Act (EA), in what it called a major step in Singapore’s efforts towards a more progressive, balanced and modern criminal justice system.
The 52 proposals cut across three categories: Powers of investigations, court procedures as well as sentencing and other powers of the court.
Under the first group, video recording of interviews (VRI) - first piloted in 2015 and long advocated for by lawyers - will allow law enforcement agencies to film witness statements. This will help the courts assess the interviewee’s demeanour and provide a more objective account of the interview.
The initial phase for VRI will apply to suspects in rape offences as well as suspects with mental disabilities. In later stages, VRI of victims of sexual offences will be implemented in place of oral evidence, to reduce the trauma of repeatedly recounting an ordeal.
Another amendment seeks to make jumping bail a criminal offence, along with stricter criteria for posting bail. A list of bail or bond conditions - including the surrender of travel documents and availability for investigations or court attendance among others - will be automatically imposed. The courts’ powers to deny bail will be extended, and the grant of bail can be stayed in cases where the prosecution disagrees and a review is pending.
COURT PROCEDURES
AdvertisementAdvertisementThe Law Ministry is also pushing for greater protection for those reporting sexual and child abuse. Measures include preventing complainants’ identities from being published once a police report is lodged, allowing complainants to give testimony behind closed doors, and using physical screens in court to shield complainants from the accused.
The defence counsel will also require the court’s permission to ask questions about the complainant’s sexual history and behaviour, with persons other than the accused.
A new proposal which emerged after public consultation last year is that of Deferred Prosecution Agreements (DPA), recently used by US authorities in the global bribery scandal engulfing Keppel Offshore and Marine.
Under a DPA, the public prosecutor agrees not to prosecute a corporation in exchange for conditions such as victim compensation, donations to charity, implementation compliance programmes, cooperation with investigations into staff and more.
The latter requirement can facilitate the prosecution of individuals who are truly culpable, instead of “convicting” the company itself.
A DPA also makes it possible to require the company to pay a financial penalty with no maximum cap, whereas fines imposed by courts today are limited by the statutory maximum fine of S$10,000.
All DPAs will require High Court approval, and must be published thereafter.
SENTENCING POWERS
Under the third category of proposed amendments, there is the suggestion to expand the eligibility criteria for community sentencing, so more offenders can be effectively rehabilitated.
The new regime will apply to those with previous imprisonment sentences of three months or less, or previous terms of reformative training. More types of offences will also be eligible for Mandatory Treatment Orders - which require the offender to undergo mental health treatment - and these Orders will be made more flexible for the Institute of Mental Health to better deliver treatment.
The courts may also impose a suspended imprisonment sentence alongside the community sentence. If the latter is breached, then the imprisonment sentence will automatically apply - thus encouraging compliance, the Ministry of Law said.
The last round of significant amendments took place in 2010 for the CPC and 2012 for the EA. This latest review considered feedback from over 30 different stakeholders from the general public, civil society organisations, banks, technology companies and the Bar. The Law Society, Courts, Attorney-General’s Chambers, Ministry of Home Affairs and other Government agencies were also consulted.
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