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Criminal Procedure Code overhaul
Thu, Dec 11, 2008
AsiaOne

SWEEPING changes have been proposed to repeal and replace the current Criminal Procedure Code (CPC) as part of effort to modernise Singapore's criminal justice framework and ensure that the laws remain relevant.

The Ministry of Law (MinLaw), which has proposed the CPC Bill, together with the Attorney-General's Chambers and the Home Affairs Ministry, is seeking public feedback to the changes from now till Feb 5.

The Bill is intended to repeal and replace the current CPC, which provides the regulatory framework for criminal investigations, trials and appeals.

The review hopes to update current practices, but ensure that trial procedures remain easy to understand.

In a statement issued by MinLaw, they seek to "introduce more graduated punishments for certain offences which will lead to better outcomes for both the individual and the State."

This includes introducing community based sentences that has been used by other developed countries with some success in addition to traditional punishments of fines, imprisonment or caning.

Some proposed key changes include a cap of 24 strokes of the cane even when the number of strokes for multiple charges could add up to more than 24.

A wider range of sentencing options will also be introduced for crimes such as mental disorders and anti-social behaviour.

Sentencing powers of the Magistrate's Court is also proposed to be increased to three years imprisonment and to a $10,000 fine limit. Its jurisdiction currently only allows up to a maximum of two years' jail and $2,000 fine limit

Similarly in the District Court, sentencing powers will be increased from seven years to 10 years' jail and from $10,000 to $30,000 fine.

For greater expediency, it is also proposed that the preliminary formalities be abolished and cases to be tried in the High Court will be transmitted from the Subordinate Courts directly.

Currently, all cases to be tried in the High Court must go through a preliminary inquiry before they may be committed for hearing in the High Court.

The Ministry of Law invites interested parties to provide their feedback through email to MLAW_Consultation@mlaw.gov.sg or in hard copy to:

Legal Policy Division Ministry of Law
100 High Street #08-02,
The Treasury
Singapore 179434
Fax: 6332 8842

The consultation period ends on 5 February 2009.

 

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