Criminal Law

Community Based Sentences (CBS) are sentencing options that emphasise rehabilitation over punishment. In essence, such sentences are generally available to first-time offenders above 16 years old who have been charged with offences for which the maximum punishment is not more than three years’ imprisonment.

If a community sentence is imposed on you, your criminal conviction will be rendered spent after you have completed the community sentence. You will then be deemed to have no record of that conviction.

The common types of Community Based Sentences imposed are as follows:

1. Mandatory Treatment order (MTO)
2. Day reporting order (DRO)
3. Community service order (CSO)
4. Short Detention order (SDO)

MTO is an order where offenders will undergo psychiatric treatment at a psychiatric or medical institution, i.e. the Institute of Mental Health (IMH), for up to 36 months. This sentence is generally appropriate for offenders who suffer from treatable psychiatric conditions which is assessed to have contributed to the commission of the offence.

DRO is an order where offenders report to a day reporting centre to be monitored and undergo counselling as well as other rehabilitation programmes. This is administered by the Singapore Prison Service and spans across a period of between three and 12 months.

CSO requires the offender to perform community service to make reparations to the wider society under the supervision of an authorised officer.

SDO refers to a short prison stint of no more than 14 days. The main difference between a SDO and an imprisonment term is that completing the SDO will automatically result in your sentence being rendered spent, and you will have no criminal record thereafter.

The Court may impose one or more of the abovementioned community orders in relation to the same offence.

For most CBS, the Court will call for a suitability report to determine the offender’s suitability for the community order in question. The Court would then determine whether the community order(s) should be imposed. Even if the offender is found to be suitable for a community order, the decision whether to impose such an order remains in the Judge’s discretion.

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If you are below 21 years old, you are eligible to be placed on probation instead of receiving a fine or facing jail term for all types of offences. However, the Judge must first call for a probation suitability report, where a probation officer will assess your suitability for probation. If you are found to be suitable for probation, the Judge may place you under probation, where you will be supervised by a probation officer.

You will also be required to comply with any conditions that may be imposed with the probation order. Such conditions may include attending the necessary courses / programmes recommended by the probation officer and a curfew. The Court may also require your parents to provide a bond to ensure that they supervise your behaviour and compliance with the probation conditions.

A probation order may last for a period between 6 months to 3 years.

At the same time, the Judge may concurrently call for a Reformative Training suitability report. If you are found unsuitable for probation, the Judge may order that you serve a stint in Reformative Training Centre (RTC).

If you are above 21 years old, you may still be eligible for probation, depending on the circumstances of the case and whether the punishment is fixed by law. However, this does not apply if you have been charged with an offence where there is a specified minimum sentence or mandatory minimum sentence.

It would be in your best interest to consult a lawyer to get a better understanding on your charge(s) and whether probation is a likely sentence that you would be facing. The last thing you would want is to assume that the Judge will grant you probation and miss the opportunity to get a good defense for your charge(s).

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Yes, you are advised to seek legal representation even if you had sought legal advice from a legal clinic. Legal clinics are only able to provide preliminary advice on your matter as their time with you is limited. Further, the lawyer at the legal clinic who advises you on your matter cannot represent you in your legal proceedings.

If you do decide to engage a lawyer, your lawyer will be able to offer more in-depth and specific advice pertaining to your case. Your lawyer will also represent you in court and will advise you on each step of the legal process throughout the case.

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Yes, you may choose not to engage a lawyer to represent you in your criminal proceedings. However, it is not advisable for you to be self-represented, especially if you intend to claim trial to the charges against you. The legal and evidential issues that may arise during a trial may be complex, making it difficult for lay persons to navigate through them without legal representation. This may then prevent you from putting forward your best case in court.

It is also advisable for you to seek legal representation even if you intend to plead guilty to the charges against you. Accused persons sometimes plead guilty to charges without fully understanding its implications, and subsequently find themselves unable to reverse the process. It is thus advisable for you to obtain legal representation at an early stage of the proceedings to prevent such situations from arising.

Your lawyer will be able to help you navigate the various court processes, ensuring that you are provided with all the information you need to make informed decisions for your case.

If you require more information that are not listed in our articles, or legal advice on a specific matter, please contact us for a free first consultation.

If you elect to plead guilty to the charge(s) against you, the Prosecution will prepare a Statement of Facts (“SOF”), which you will need to agree to without qualification. The Court will then convict and sentence you based on the SOF.

Once your guilty plea has been recorded, and you have been convicted and sentenced by the judge, you will not be able to retract your plea thereafter, save for exceptional circumstances. You will also not be able appeal against your conviction. However, you remain able to appeal against the sentence imposed on you if you choose to do so.

On the other hand, if you elect to contest the charges by claiming trial, the Prosecution will have to prove your guilt to the Judge beyond a reasonable doubt by calling witnesses to give evidence against you. You will have the opportunity to cross-examine the Prosecution’s witnesses, and to call your own witnesses to give evidence on your behalf. The judge will then determine whether you are guilty, and convict/acquit you accordingly.

You are entitled to claim trial to the charges against you, and you will not be penalised by the court for doing so. However, if you elect to plead guilty to the charges, the court may in its discretion reduce the sentence imposed on you.

Given the differences between pleading guilty and claiming trial, it is therefore important for you to seek legal advice before making this important decision. A lawyer may also try to seek from the Prosecution an indication of the sentence that they will be seeking if you plead guilty to the charges. This indication may also inform your decision on whether you wish to plead guilty or claim trial.

A lawyer may also try to seek from the Prosecution a plea offer and an indication of the sentence that they will be seeking if you plead guilty to the charges. This information may also inform your decision on whether you wish to plead guilty or claim trial.

If you require more information that are not listed in our articles, or legal advice on a specific matter, please contact us for a free first consultation.

If you believe that you are innocent and that the charge(s) is not made out, you may contest the charges by claiming trial. If you decide to engage a lawyer, your lawyer will write to the Prosecution requesting that they withdraw the charges against you. Your lawyer may also meet with the Prosecution to have a discussion regarding the evidence, and will thereafter be able to advise you on the merits of your case should the matter head to trial. Your lawyer will also be able to advise you on whether there are legal defences that can be argued which would lead to a full acquittal if successful.

You may elect to plead guilty if there are no merits in arguing for an acquittal, or if the evidence against you is overwhelming. This would save your financial resources and will likely result in a lighter sentence.

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Police statements have an enormous impact on the trajectory of how investigations and prosecution proceed. Accused persons often engage legal counsel only after having their statements recorded by the police. However, there is much benefit to approaching a lawyer and receiving legal advice at an earlier stage. In most cases, police statements form important pieces of evidence relied on by both the Prosecution and the Defence.

You may be convicted based on statements alone and courts may draw adverse inferences against you if you fail to raise certain defences in your statements but attempt to do so later.

As such, it is important that your statements to the Police are clear and accurate. Having advice from a lawyer can help you organise your thoughts in a clear and careful manner. This avoids confusion when your case is being assessed on what action (if any) should be taken against you by the authorities.

Although your lawyers cannot sit in with you when you give your statement, their prior advice may nevertheless be invaluable in determining the outcome of your case.

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In such a situation, the letter may also contain a notice to attend court or instructions to attend a police station at a specific date and time (where the charges are formally served on you and you are given a chance to state your position on the charges). Do not panic but seek help from a reliable criminal lawyer who can explain to you the full extent of your liability, as well as to explore your options.

When you are formally served with your charges, a further statement (known as a cautioned statement) will be recorded from you. It is important for you to clearly state your position in relation to the charges. This includes any defences that you feel that you might have available to you. This is especially important if you intend to contest the charges by claiming trial. Failing to state your defences when recording your statements may result in the court being less likely to believe your defence.

It is thus important for you to seek legal advice prior to having your cautioned statement recorded. While many find the experience of going through the criminal justice system to be daunting and painful, this does not necessarily have to be the case when you have an experienced criminal lawyer by your side to guide you and to fight your case for you.

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Whether you are entitled to bail as of right depends on the offence(s) you have been charged with.

1. If you are charged with a bailable offence (under Column 5 of the First Schedule to the Criminal Procedure Code), and are prepared to provide bail, the Court must grant you bail.
2. If you are charged with a non-bailable offence, the Court has the discretion whether to offer you bail. This depends on various factors, including but not limited to (i) the severity of the offence, (ii) whether you are likely to abscond, and (iii) whether you are likely to reoffend or tamper with the witnesses to your case whilst on bail. Even if you have been charged with a non-bailable offence, you will generally be offered bail except in exceptional circumstances.

If you are offered bail, your bailor must be Singapore Citizen or Permanent Resident who is at least 21 years old. Your bailor must not be a bankrupt or be facing any pending criminal case in the courts.

Your bail sum is determined by the Court, and depends mainly on the gravity of the offence(s) you have been charged with and whether you are a flight risk. Generally, the more serious the offence(s), the higher the bail sum will be.

The Court will also impose conditions on the bail offered. These may include requiring you to surrender your passport to the Police and restricting you from contacting the victim(s) (if any) or any other witnesses to the case.

In certain circumstances, if you have not yet been charged for any offences, the Police may allow you to post a personal bond instead of requiring someone else to post bail on your behalf.

If you are charged in Court, your bailor must go to the Bail Centre located at the Crime Registry on Level 4 of the State Courts Tower to process the necessary documents. The Bail Centre can be reached at +65 6587 8423.

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All bail must be furnished in Singapore Dollars.

If your bailor is a Singapore Citizen, and the bail amount is $15,000 and below, your bailor may provide security by proving personal property items. Your bailor can pledge the amount with his or her NRIC. Your bailor may alternatively pledge his/her property (e.g. jewellery) which have been fully paid for.

If the bail amount exceeds $15,000, your bailor must provide security by means of cash or cash equivalent such as a cashier’s order, fixed deposit or the most recent e-statement of his/her savings account(s).

Lastly, you must not breach the bail conditions. If you do so, your bail may be revoked, and the bail amount forfeited. This means that you will again be remanded by the Police, and your bailor will have to attend court to explain why his/her bail monies should not be forfeited.

Further, it is an offence under section 106A of the Criminal Procedure Code for you and your bailor to enter into an agreement for you to indemnify him/her of the bail amount should your bail be forfeited.

If you are unable to find a bailor who can afford the bail sum, you may consider applying to the Court for the bail sum to be reduced. The Court will then consider whether to allow your application. If you decide to engage a lawyer, your lawyer will be able to help you make this application.

If you require more information that are not listed in our articles, or legal advice on a specific matter, please contact us for a free first consultation.