Lecture 12: The Prosecutions Case Look at provisions of CPC carefully! Understand and apply! Summary trial:

An Overview Courts 26 (DAC), 23 (MAC), 21, 25N (traffic), 26N (reg) Charge read to @. Usually no plea taken. MENTIONS Applications for adjournment/remand/transfer etc If @ PG and parties ready, plea taken and case disposed of @ may get DATA or DNATA If @ wants to PG PTCS If @ claims trial

Timeline Wk 1

Courts 2, 3, 4, 24 (DAC), 23 (MAC), 14 (reg) Discuss triable issues, set trial days and dates If @ claims trial Any of the hearing courts under GMC clusters Evidence will be heard to determine if @ is guilty or not

Wk 10 16

HEARING

Wk 16 24

Conduct of summary trials can be in the form of mentions or hearings. Generally, criminal courts that are not designated mentions courts are hearing courts. This division is of administrative significance CPC does not draw a legal distinction. o Mention is an appearance in court for various applications like remand, bail or adjournment or for entering of guilty plea. Cases are fixed for mentions until the case is ready for hearing. o PTC: If the accused pleads not guilty or claims trial, case will proceed for PTC before being fixed for a hearing court. o Hearing refers to taking of evidence by court for the purpose of adjudicating whether an accused is guilty.

MENTION Accused are brought before the court in 2 ways:

Arrest: Accused arrested must be brought before a court within 48 hrs if they were not released on police bail (DAC, MAC): Art 9, Constitution s36 (2) CPC Summons: Accused summoned must appear before a court o E.g. police summons PS, Private summons PSS, dept/reg summonses MOM for Min of Manpower; BCA for Building Control Authority Difference between arrest and summons case is that former involves questions of police bail (s350 to s357 CPC) or court bail while the latter does not.

-

o -

Crim cases apart fr traffic and departmental cases all returnable for mention in sub court nos 23 and 26 (MC 23, DAC and police summons cases 26) In these two courts tt make application for trial After the charge has been considered against the accused person, he is produced in the subordinate courts for the mention of the case against him. The accused may plead guilty or claim trial to the charge against him. Practically speaking, immed brought to court 26 (if district court jurisdiction) for first appearance. If offence is one that can be dealt with by magis and nt district judge, then court 23 (see classification system) Also another court dealing with straightforward matters like departmental summonses, conservancy charges such cases first mentioned in Night Court and also subseq mentioned in night court. (simple and go into thousands) Not the subj matter of this lecture Court has own guidelines, in some cases x accept plea in first court mentioned and may transfer to another court See fr pov of accused who 1. pleads guilty 2. claims trial In latter, court wll manage case betwe pros and defence lawyer When case fixed for hearing Management of cases where person not ready to plead pre trial conference system Group management of crim cases (GMCC) implemented in sub courts Under system, once accused claims trialk, PTC date given Admin system to facilitate speedier hearing dates Hearing dats fixed by GMCC managers who have admin support staff At PTC,m pros and defence will exchange list of witneses and hearing days duration determined Once preliminaries finalized, dats for hearing fiven Before first mention case, to find out fr prosecutor relevant case arrest no Summons no known since shown on sumpns itself so when stand up to mention case, refer to summons no straightaway Arrest case to get arrest case no (MAC or DAC) qote ref no and then accuseds name when mention case If client claims trial, court will transfer case for PTC wk or mth later May want to ask further mention if not ready for trial At end of process, court will transfer case to partr court for PTC If client pleads guilty, court 26 will deal with it or send to antoher court to deal with case Their case is first mentioned in these courts, depending on type of cases At mentions stage, a few things can happen depending on whether parties are ready for plea taking First, charge is read and explained to @: s 180(a) CPC If PP not ready, can apply for: 1. adjournment for forensic (GSB, FPD, DSS) report, incomplete investigations, seek AGCs concurrence, consider reps by defence, etc 2. remand @ for further investigation (6 police divisions, QRP, CWP), psychiatric report (IMH) If @ (or DC) not ready, can apply for adjournment TEC, take instructions, make reps, prep medical/psychiatric report (of @) or mitigation plea Legal basis: s 198 CPC

-

-

Mentions courts

Mentions courts deal with all accused persons charged for the first time. This applies to all manner of charges, including cases, which may eventually be channeled for hearing in the High Court. Appropriate case numbers are assigned to the charges at the Crime Registry of the subordinate courts, delineating the jurisdictional limits of the court, which may deal with the case.

When an accused is first charged or produced in Court, he or she appears before one of the five mentions courts: (1) Court 26: - a district court that conducts mentions for DAC and some summons cases, as well as capital cases which are awaiting the fixing of preliminaryinquiries. at basement level o Court 26 is a District mentions court where accused persons of DAC (District Arrest Cases), PS (Police Summonses) and PI (Preliminary Inquiry) cases are first produced. All cases will be further mentioned in these courts until the parties are ready for PTCs (pre-trial conferences). (2) Court 23 a magistrates court that conducts mentions for MAC, private summonses and some other summons cases. Court 23 is a Magistrates mentions court where accused persons of MAC (Magistrates Arrest Cases), PS (Police Summonses), PSS (Private Summonses) cases and regulatory offences are first produced. (3) Court 21 traffic court which sits in the day to conduct mentions for more serious traffic cases. It is also concurrently a hearing court. (4) Court 25N district court that sits at night to conduct mentions for minor traffic summonses. (5) Court 26N a magistrates court that sits at night to conduct mentions for minor regulatory departmentalsummonses, e.g. HDB, URA, ENV, ACRA, IRAS, TC etc (this is court 26 by day) Juveniles are produced in the Juvenile Court. (in fam court building)

-

Criminal Courts Apart from the mentions courts, the other courts are known as hearing courts. All mentions and hearing courts are managed under the Group Management of Cases (GMC) scheme whereby the courts are clustered into 5 GMC groups, each led by a district judge. The GMC Courts are Court 2, 3, 4, 5 and 24. The GMC Courts are responsible for fixing and scheduling of cases for hearing in the courts under their respective groups through pre-trial conferences (PTCs). All cases which end in a guilty plea at the PTC stage are dealt with in the respective GMC Court. RTG Court Court 19 RTG (Remand Task Group) under this category, a select group of remand cases are fixed for PTC / mentions in the RTG Court so as to expedite their disposition. Function of the criminal courts: o All criminal courts process criminal cases o Some criminal courts have specially defined functions to enable more efficient and effective case management. o It is important to know the various functions so that one knows what he can or cannot do in these courts. Overall: We presently have 32 subordinate courts, comprising 28 District Courts and 4 Magistrates Courts, exercising original criminal jurisdiction1. Of these, 9 subordinate courts are specially designated for effective case management and special functions. These are o 2 day mentions courts (Courts 23 and 26), a filter court (Court 14), a centralised sentencing court (Court 24), a day and a night traffic court (Courts 21 and 25N respectively). Functions of Criminal Courts District Courts: o Court 26: 1st mentions court (Bail Video Link) o Court 14: filter/holding court

A)

1

This number does not include the Coroner Court which, exercises quasi-criminal function and the Juvenile Court which mainly deals with criminal cases involving children and young persons and juvenile delinquents.

o o o o o o

Court 21: traffic court Court 16: vulnerable witness hearing court (BVL) Court 24: centralised sentencing court Court 15: technology court (e-court) Court 25N: traffic night court Hearing courts in mezzanine, 3rd, 5th, 7th levels

Magistrates Courts: o Court 23: 2nd mentions court o Court 22: Coroners court (?) o Juvenile Court: Family & Juvenile Justice Division o Court 26N: minor regulatory offences night court o Hearing courts in mezzanine level o Crime Registry: Duty Magistrate, Criminal mediation Magistrate Court 14 is a court dealing mostly with unrepresented defendants of statutory offences. It hears singleday trials, which have a high potential that the defendants would plead guilty, and also hears show cause matters. But if too many defendants do not plead guilty thereby necessitating full-trials, Court 14 will then filter these cases to other available trial courts. Court 24 is a centralised sentencing court where offences attracting a certain sentencing tariff are transferred for sentencing to maintain consistency and parity for like cases. Court 21 is the day traffic court dealing with all road traffic offences. Courts 13N and 23N are night mentions courts. o Court 13N is a night court dealing with departmental summonses for regulatory offences. o Court 23N is a night traffic court dealing with minor road traffic offences. Court 15, a technology court, is equipped to enable up to four parties to give evidence simultaneously via videolink in a criminal case. In Court 16, vulnerable witnesses like child witnesses or victims of sexual offences may give evidence via video link: see Registrars Circular No. 1 of 1996 for the procedure. In Court 26, remandees in the Queenstown Remand Prison may appear via videolink for bail or further remand applications: see Para 89, Subordinate Courts Practice Directions No. 1 of 1999 for the procedure. Also note that under Section 6(1) Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act which imports s 62A Evidence Act, foreign witnesses may give evidence via video link in trials involving drug trafficking or serious offences defined in the Second Schedule. In general, courts that are not criminal mentions courts are considered criminal trial courts. Hence, any case in which accused persons claim trial or are taken to claim trial can be heard in the trial courts. Types of Criminal Cases handled by the SubCourts District Courts: o Court 26: DAC, PIC, PS o Court 14: regulatory offences, MAC o Court 21: DAC (traffic) o Court 16: DAC (sexual offences) o Court 24: DAC, departmental summonses o Court 15: DAC o Court 25N: LTA, TP o Hearing courts: DAC, PS, dept/reg summonses Magistrates Courts: o Court 23: MAC, PS, departmental summonses o Court 22: CI o Juvenile Court: JAC, BPC o Court 26N: HDB, URA, ENV, RCB, IRAS, TC etc

B)

o o o

Hearing courts: MAC, PS, departmental summonses Duty Magistrate: Mag Complt, search warrant, urgent summonses to witnesses etc Criminal mediation Magistrate

PROCEDURE FOR SUMMARY TRIALS Open Justice: Criminal proceedings should take place in open court and be freely reported It is not only the parties who have an interest in criminal proceedings but the public at large are concerned that justice should be properly administered A-G v Leveller Magazine Ltd [1979] AC 440: provides a safeguard against judicial arbitrariness or idiosyncrasy and maintains the public confidence in the administration of justice Depart from this general rule provided in s. 7 Subordinate Courts Act (Cap. 321): (2) a Sub Court shall have power to hear any proceedings or any part thereof in camera if the court is satisfied that it is expedient in the interests of justice, public security or propriety, or for other sufficient reason to do so (3) a Sub Court may at any time order that no person shall publish the name, address or photograph of any witness in any proceedings or any part thereof or any evidence or any other thing likely to lead to the identification of any such witness s. 153(1) Womens Charter (Cap. 353): when any person is charged with or convicted of having committed any offence under Part XI (Offences Against Women and Girls), or under section 354, 354A, 376 or 376B, or sections 354 and 511, or sections 354A and 511 or sections 376 and 511, or sections 376B and 511 of the Penal Code (Cap. 224) in respect of any woman or girl, the court may order that all proceedings before it shall be dealt with in camera, but where the girl is under 16, the court shall order proceedings SCA - Sittings in camera, etc. 7. (1) The place in which any subordinate court is held shall be deemed an open and public court to which the public generally may have access. (2) A subordinate court shall have power to hear any proceedings or any part thereof in camera if the court is satisfied that it is expedient in the interests of justice, public security or propriety, or for other sufficient reason to do so. (3) A subordinate court may at any time order that no person shall publish the name, address or photograph of any witness in any proceedings or any part thereof or any evidence or any other thing likely to lead to the identification of any such witness. (4) Any person who acts in contravention of any order under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. WC - Trials in camera in certain cases 153. (1) When any person is charged with or convicted of having committed any offence under this Part, or under section 354, 354A, 376 or 376B, or sections 354 and 511, or sections 354A and 511 or sections 376 and 511, or sections 376B and 511 of the Penal Code (Cap. 224) in respect of any woman or girl, the court conducting a preliminary inquiry into, or trying the offence, or hearing any appeal or special case or any point reserved by a Judge of the High Court in relation to the offence, may order that all proceedings before it shall be dealt with in camera. [16/93; 30/96] (2) Whenever any such order is made, the court shall not be deemed an open court, and the court shall order that no person shall have access to or be or remain in the court except such persons as are necessary for the purpose of the proceedings. (3) The court shall order proceedings before it to be dealt with in camera in any case where the girl in respect of whom an offence under this Part, or under section 354, 354A, 376 or 376B, or sections 354 and 511, or sections 354A and 511, or sections 376 and 511, or sections 376B and 511 of the Penal Code is alleged to have been committed has not attained the age of 16 years. PC - Assault or use of criminal force to a person with intent to outrage modesty. 354. Whoever assaults or uses criminal force to any person, intending to outrage or knowing it to be likely that he will thereby outrage the modesty of that person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with caning, or with any two of such punishments.

Outraging modesty in certain circumstances. 354A. (1) Whoever, in order to commit or to facilitate the commission of an offence against any person under section 354, voluntarily causes or attempts to cause to that person death, or hurt, or wrongful restraint, or fear of instant death, instant hurt or instant wrongful restraint, shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and with caning. 23/84. (2) Whoever commits an offence under subsection (1) (a) in a lift in any building; or (b) against any person under 14 years of age, shall be punished with imprisonment for a term of not less than 3 years and not more than 10 years and with caning. Punishment for rape. 376. (1) Subject to subsection (2), whoever commits rape shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. 23/84. (2) Whoever, in order to commit or to facilitate the commission of an offence of rape against any woman (a) voluntarily causes hurt to her or to any other person; or (b) puts her in fear of death or hurt to herself or any other person, and whoever commits rape by having sexual intercourse with a woman under 14 years of age without her consent, shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes. Incest. 376A. (a) Any man who has carnal knowledge of a woman with or without her consent who is to his knowledge his grand-daughter, daughter, sister, half-sister or mother (whether such relationship is or is not traced through lawful wedlock); or (b) any woman of or above the age of 16 who with consent permits her grandfather, father, brother, halfbrother or son (whether such relationship is or is not traced through lawful wedlock) to have carnal knowledge of her (knowing him to be her grandfather, father, brother, half-brother or son, as the case may be), is said to commit incest. Punishment for attempting to commit offences. 511. Whoever attempts to commit an offence punishable by this Code or by any other written law with imprisonment or fine or with a combination of such punishments, or attempts to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code or by such other written law, as the case may be, for the punishment of such attempt, be punished with such punishment as is provided for the offence: Provided that any term of imprisonment imposed shall not exceed one-half of the longest term provided for the offence.

SUBORDIATE COURTS PRACTICE DIRECTIONS (2004) EDITION 159. Appearance in Court 26, Sub Courts via video link of accused persons who are remanded at Queenstown Remand Prison

-

(1) Application all accused persons remanded at Queenstown Remand Prison (QRP) and whose next mention has been fixed in Court 26, will appear before Court 26 for mention through live video link between Court 26 and the QRP Video Room Court 26 commence at 8.45 am from Mondays to Fridays. Sittings in Court 26 on Saturdays will commence at 9.00 am. for present purpose, apply only to cases mentioned in Court 26. accused persons who are first charged in Court 26 will continue to appear or be physically produced in Court 26 for the first mention (2) Taking of last minute instructions counsel will be able to do so via a telephone placed at the counsels table

-

-

this is subject to the approval of the presiding District Judge (3) Pre-mention interviews pre-mention interviews (4) Time for submitting application form counsel are required to submit the prescribed application form (Form 42 of Appendix B) for mention on Mondays, or on such other days where the preceding day is a public holiday, the application form must be submitted personally to the court officer in Court 26 by 12.00 noon on the day preceding the mention date applications for premention interviews have to be limited to 5 per day (5) Counsel who are briefed after the first mention in court cases where the accused person is represented by counsel (counsel case) will continue to be mentioned first if counsel is instructed only after the case had been first mentioned in Court 26, the Courts record would not have a mentions slip and would not indicate that the case concerned is a counsel case counsel must state clearly in the last row of the mentions slip (Form 43 of Appendix B) that the accused person is remanded at QRP so that the case can be brought forward in the order of mentions (6) Counsel who are absent when their cases are mentioned in court should be present in court before 8.45 am if counsel is absent when a video link case is mentioned, the case would be stood down until all other cases have been dealt with

-

160. Witnesses giving evidence through live video link (4) where requires an interpreter, interpreter will interpret the proceedings from open court IN THE SUPREME COURT OF THE REPUBLIC OF SINGAPORE REGISTRARS CIRCULAR NO.3 OF 2001 CRIMINAL TRIALS IN THE HIGH COURT WITNESS AND EXHIBIT NUMBERING 1. Preliminary Inquiry PS 1, PS 2 and so on Exhibits shall similarly be marked sequentially as P1, P2 and so on 2. Sequential witness numbering at High Court criminal trials witness numbers shall be assigned to witnesses in ascending order (starting with PW 1 for prosecution witnesses and DW 1 for defence witnesses) 3. Amendment to witness conditioned statement suffix A 4. Witnesses called during trial within a trial witness numbers shall be given in ascending order to each witness in the sequence in which they are called, even for those whose statements are read only and are not required to take the witness stand 5. Exhibit numbering the exhibit numbering shall follow the PI marking 6. Reference to witness by counsel and the court primary means for referring to a witness shall be by his name secondary means shall be the reference to his PW number PARTIES TO PROCEEDINGS Public Prosecutor Accused

-

Attorney-General (A-G) is PP and has control and direction of criminal prosecutions and proceedings: Art. 35(8) Constitution, s.336(1) CPC Power to deputise certain persons to assist him in the performance of his functions and duties: s.336(3) CPC Most functions of PP exercised by Deputy Public Prosecutors (DPPs) and Assistant Public Prosecutors (APPs) Some Acts require A-Gs consent to be obtained before person can be charged For certain offences, the sanction of the PP (s.129 CPC) or complaint of A-G (s. 130) is required For some other offences, only victim may lay a complaint (s.131 & 132) police officers and other public officers are also gazetted to conduct prosecutions in Sub Courts A-G may authorize an advocate to act for him as PP Private individual may initiate a prosecution by laying a complaint before a magistrate: s.128(1)(a) CPC Private person may only conduct prosecution in MC or DC: s.336(8) CPC Rules governing joinder of accused persons: s.176 CPC Company can also be charged with a criminal offence Company would appear by its representative: s.57(1) Representative is a person duly appointed in writing by a managing director of the company or by any person having the management of the affairs of the company: s. 57(3) & (4)

Public Prosecutor A-G is the PP and he has the control and direction of criminal proceedings Article 35(8) of the Constitution and CPC, s 336(1). jasbir singh - 1999 2 SLR 349 appeal to high court complaitn not satisfied PP on appeal intervened to withdraw appeal for paymet nof pros costs HC held tt under s336 and under 35 consttn, PP has powers ot intervene and withdraw appeal A-G has the power to deputise certain persons to assist him in the performance of his functions and duties (CPC, s 336(3). A-G may authorise an advocate to act for him in conduct of any prosecution in court CPC, ss 336(4)-(7). Fiat must be tendered in court A private individual may initiate a prosecution by laying a complaint before a magistrate CPC, s 128(1)(a). But a private person may only conduct a prosecution in summary cases in a magistrates court or in summary non-seizable cases before a district court - CPC, s336(8). trial in sub court are summary cases because not preceded by PI whereas cases in HC are preceded by PI Accused More than one accused may be tried jointly with committing a single offence or for separate offences if those offences are so linked together. For the rules governing joinder of accused persons, see section 176 CPC. Apart from an individual, a company can also be charged with a criminal offence. The company would appear by its representative and the representative may on behalf of the company do any act or thing which an accused person may do on his own behalf (CPC, s 57(1)). Make sure tt u get letter in writing signed by manager of any person apptg person to rep company in proceedings the ltter of authority this is the LA (I) make sure tt not drafted just to athorise person to appear onspecific day because for next day, another LA reqd whlsd be worded generally until proceedings are concluded A representative is a person duly appointed in writing by a managing director of the company or by any person having the management of the affairs of the company (CPC, ss 57(3) & (4)). Types of offenders Two types (1) juvenile offender (2) adult offender Juvenile offenders Part III of the Children and Young Persons Act (Cap 38).

juvenile" means a male or female person who is 7 years of age or above and below the age of 16 years (s. 2). Juveniles detained in a police station or when being conveyed to and from court or while attending court are are not permitted to associate with adult accusedpersons other than an offender with which the child or young person is jointly charged (s. 29). Juveniles are brought before a Juvenile court presided over by a Magistrate. For bail of juveniles see s.30. Where a juvenile is charged, his parent or guardian shall, unless the court otherwise orders, attend before the court during all stages of the proceedings and the court may compel the attendance of the parent or guardian (s.31). so parents shld accaompny child when tried in court Basic proposition that a juvenile can only be tried by the juvenile court (s.33(1)) is subject to the following exceptions: (i)Where a child or young person is charged with any offence triable only by the High Court, he shall be tried by the High Court unless (a) the Public Prosecutor applies to the Juvenile Court to try such offence; and (b) the legal representative (defined in s 33(8)) of the juvenile consents to the offence being tried in the Juvenile Court. (ii) Where a charge is made jointly against a juvenile and a person who has attained the age of 16 years, the charge shall be heard by a court of appropriate jurisdiction other than a Juvenile Court (s 33(3)). common for rioting offences. But if 3 adults PG and juvenile claims trial, then he will be tried in juvenile court A person who has attained the age of 16 years on the date of commencement of the hearing of the charge shall not be tried by a Juvenile Court (s 33(6)). Dont delay, make sure tt takes plea before turns 16!!! But where in the course of any trial before a Juvenile Court the child or young person to whom the trial relates attains the age of 16 years, the Juvenile Court can proceed with the trial and deal with the juvenile in accordance with the provisions of the Act (s 33(7)). Who can be present? No person shall be present at any sitting of a Juvenile Court except (a) members and officers of the Court; (b) parties to the case before the Court, their solicitors and counsel and witnesses and other persons directly concerned in that case; (c) bona fide representatives of newspapers or news agencies; and (d) such other persons as the Court may specially authorise to be present (see s. 34(2)). Particulars of juvenile who is charged or who is a witness cannot be published (s. 35(1)). The word conviction and sentence are not used in the Juvenile Court but instead found guilty of an offence/ a finding of guilt/ an order (s. 41). Procedure in Juvenile Court see s.42 Where the juvenile is not legally represented, his parents or guardian or, in their absence, any relative or other responsible person can assist in conducting his defence (s 42(5)). Before deciding how to deal with the juvenile, the Juvenile Court would call for a pre-sentence report which would be put up by a probation officer setting out information on his background, general conduct, home surroundings, school record, medical history etc. The Juvenile Court can also call for a psychiatric or a psychological report to ascertain the mental state or state of development to enable it to deal with the case in the best interests of the juvenile. For restrictions on punishment of juveniles see s. 37(1) to (3). For orders that can be made on proof of the offence, see section 44(i) (k) of the Act. The Juvenile Court can convene a family conference in accordance with s 45 of the Act. See s 46 for additional orders that can be made. On the sentencing date, the Juvenile Magistrate would discuss the pre-sentence report and the method of dealing with the juvenile with two advisers (s.32(3)). May or may not sit with the magistrates

PRELIMINARY PROCEEDINGS IN A CRIMINAL TRIAL

All criminal trials in District and Magistrates Courts are referred to as summary trials because unlike the High Court trial, it is not preceded by a preliminary inquiry. Sections 180 184, 195 -201 CPC are the relevant statutory provisions. Essentially means speedier, less cumbersome trial than one which requires PI (High Court trials) Must supplement this with working knowledge of other parts of CPC & EA & cases interpreting these: eg. amendment of charges, recalling witnesses, impeachment, refreshing memory Must appreciate key differences with civil trial Criminal Trial Law: Part IV Constitution, CPC, EA, PC, statutory law No pre-trial disclosure Oral EIC, XE, RE Documentary evid usually applied for and admitted individually in court Beyond reasonable doubt Penal sanctions Civil Trial Law: EA, ROC, substantive law Pre-trial disclosure Affidavit EIC, oral XE, oral RE Documentary evid usually admitted in a bundle Balance of probabilities Civil Remedies

Reading & Explaining the Charge in Language accused understands Summary trial commences with the reading and explanation of the charge to an accused who is brought before the courts: Loh Siang Piow [1998]. Having read and explained the charge in a language the accused understands, the accused will be asked how he pleads: s 180(a) CPC. If the accused elects a foreign language or dialect, the court is duty bound to arrange for certified foreign interpreters, who must swear in the prescribed form before interpreting for the accused: s209 CPC o CPC provisions on interpreters are statutory safeguards to ensure that an accused is substantially able to comprehend the proceedings to best enable him to present his defence. Court is duty bound to ensure that an accused is substantially understand the evidence given in the proceedings and the right to an interpreter cannot be waived by an accused or his counsel: Mat Repin bin Mamat v PP [1994] o This enshrines the fundamental principles of equality before the law (Art 12) and due process (Art 9(1)) as laid down in Constitution Facts The appellant Repin was convicted for importing not less than 1,026g of cannabis. Repin could only speak and understand the Kelantanese dialect. On the first day of hearing, the court provided a Bahasa Melayu (Malay language) interpreter but the following day the services of a Kelantanese interpreter was secured. The chemist weighted the plant material seized from the petrol tank of Repins scooter to produce a reading of 1,026g. After visually examining the plant material and noting that it displayed the characteristics of the cannabis plant, she took nine random samples of 5g each from the entire exhibit. All nine samples tested positive for cannabis. She then certified the plant material to be 1,026g of cannabis. Repins counsel argued that: (a) there was procedural irregularity in the conduct of the trial as the trial judge proceeded without providing a suitable or duly qualified interpreter for the appellant; (b) the chemist had analyzed only 45g of the entire plant material and the prosecution failed to show beyond a reasonable doubt that the entire plant material was 1,026g of cannabis; and (c) at the very least the chemist should have analyzed 500g of the substance as this was the minimum amount of cannabis to attract the death penalty. Held, dismissing the appeal:

(1) It was the courts duty to ensure that the accused was able to substantially understand the evidence given in the proceedings and the accused could not waive the right to an interpreter. Notwithstanding non-compliance with s 209(1) of the Criminal Procedure Code (Cap 68), an appellate court would only interfere if the accused had been so prejudiced that there was a failure of justice. As the Kelantanese interpreter was already present by the time the truly contentious prosecution witnesses took the stand, the appellant was not prejudiced by only partially understanding the witnesses on the first day of the proceedings. Art. 12 & 9(1) Constitution CPC - Interpretation of evidence to accused. 209. (1) Whenever any evidence is given in a language not understood by the accused and he is present in person, it shall be interpreted to him forthwith in a language which he understands. (2) When documents are put in for the purpose of formal proof, it shall be in the discretion of the court to interpret as much of them as appears necessary. Constitution - Equal protection 12. (1) All persons are equal before the law and entitled to the equal protection of the law. (2) Except as expressly authorised by this Constitution, there shall be no discrimination against citizens of Singapore on the ground only of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment. (3) This Article does not invalidate or prohibit (a) any provision regulating personal law; or (b) any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion. Liberty of the person 9. (1) No person shall be deprived of his life or personal liberty save in accordance with law. If the prosecution is ready, the accused would be required to plead to the charge guilty or not guilty. If he refuses to plead, then he would be regarded as claiming trial. If PP not ready, can apply for Adjournment for forensic (GSB, FPD, DSS) report, incomplete investigations, seek AGCs concurrence, consider reps by defence, etc If PP not ready, can also apply for Remand accused for further investigation (at any 6 police divisions, QRP, CWP), psychiatric report (IMH) Reasonable cause for remand = there is suspicion that accused may have committed an offence or where further evidence may be obtained by a remand explanation to s198 CPC

Length of remand: No restriction on how long District Judge can remand accused. Magistrates Court cannot remand accused for a term exceeding 8 days at a time: s198(2) CPC. If bail is offered in arrest case but accused is unable to furnish bail, he may also be remanded.

If investigations against accused is incomplete and the accused is required to be remanded further, he will be held incommunicado and the court is entitled to refuse access to counsel until investigations are completed. (a) While accused has constitutional (Art 9(3)) and statutory right to counsel (s195 CPC), right of access counsel is not immediate but within reasonable time from arrest. (b) Balance has to be drawn between public interest for investigations to be completed without undue interference by the defence and the interest of the accused to have legal advice early. Court must weigh these competing interests before deciding what is reasonable time before accused can have access to counsel: Jasbir Singh & Anor v PP [1994] If the prosecution is not ready (usu not ready by first mention), it would do one of three things: (a) apply to remand the accused in custody if custody of the accused is necessary for investigations to be completed (see CPC. s 198); or

(b) offer bail to the accused; (c) object to bail. Alternatively, if the prosecution is ready at the first mention, the accused may ask for an adjournment or counsel may ask for an adjournment. If accused (or counsel) not ready, can apply for Adjournment TEC, take instructions, make reps, prep medical/psychiatric report (of accused or mitigation plea) Making representations (I) Reps can be made at any time after counsel has been briefed by accused even before the accused is formally charge in court. (II) Reps to address to AG Chambers, IO or police division concerned. (III) Rep can be made with view to withdraw or reduce charges or an offer can be made to PG to some charges with the rest taken into consideration for sentence. Plea Bargaining (I) Plea bargaining process does not involve the court but as PP v Knight Glenn Jeyasingnam [1999] shows, our courts recognise the benefit of plea bargaining, which allows the courts to give a lighter penalty to accused persons who plead guilty, so that less of the courts time and criminal justice systems resources are spent. Composition to Aggrieved party (I) In making representations, the defence may also request PP to consider composition if the offence is compoundable in law. Composition generally means a private settlement of a criminal case usually by means of the accused paying compensation to the victim. (II) The ultimate decision whether to allow composition is a judicial one. s199 CPC and PP v Norzian Bin Bintat [1995] 3 SLR 462. Rationale that such private settlements require courts consent is to avoid an inequitable legal system where the rich can avoid criminal sanction by paying off the poor. (III) Courts will generally disallow composition for cases involving public interest, such as a. maid abuse (PP v Kee Leong Bee [1999] 3 SLR 190) or b. road bully cases (Wong Sin Yee v PP [2001] 3 SLR 197), or c. where aggravating circumstances of alleged offence are present (PP v Mohamed Nasir Bin Mohamed Sali [1999] 4 SLR 83 where accused outrage the modesty of his niece. Accused abused he close relationship of trust between himself and the complainant over a protracted period of three years ) Medically Unfit: If either accused, witness, counsel or prosecutor is medically unfit to attend court, this is constitutes reasonable cause for adjournment. o Partys attendance may be dispensed with subject to tendering of properly endorsed MC in strict compliance with Subordinate Courts Practice Direction No. 1 of 1999, para 64. o Note that even if accused is medically excused from attending court, if the court is of the view that his non-attendance is more a deliberate attempt to evade proceedings, the court may refuse to grant a further adjournment and may direct the accused to be arrested instead: Chua Tiong Tiong v PP [2001] Legal basis s 198 CPC court will exercise this discretion if it is necessary and advisable to do so. Power to postpone or adjourn proceedings. 198. (1) If from the absence of a witness or any other reasonable cause it becomes necessary or advisable to do so the court may, by order, postpone the commencement of or adjourn any inquiry or trial on such terms as it thinks fit for such time as it considers reasonable and may, if the accused is not on bail, by a warrant remand the accused in such custody as the court thinks fit.

Form 36. (2) No Magistrates Court shall remand an accused person to custody under this section for a term exceeding 8 days at a time. (3) Every order made under this section by a court other than the High Court shall be in writing signed by the Magistrate or District Judge and shall state the reasons for it. Explanation..If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence and it appears likely that further evidence may be obtained by a remand this is a reasonable cause for a remand.

The following is a list of common scenarios where adjournments are sought, and the usual time frames permitted:

By the Defence: (a) Accused wishes to engage counsel (TEC) or apply for Criminal Legal Aid (CLAS) - 1 week and 2 weeks respectively. (b) Counsel has just been briefed (JBB) - to apply for necessary papers (e.g. first information report, s 122(6) statements) and to make representations to the A-Gs Chambers - 4 weeks 1. reps to withdraw charges/ administer stern warning to client/ on no of charges to be proceeded with./ reduction of charges/ composition (if compoundable) 2. cannot be tenderd at trial plea barg statements are confidential (c) Indication of intention to take a certain course and request for time to raise funds/make restitution - 2 to 3 weeks (d) Indication of intention to take a certain course and request for time to prepare mitigation - 1 to 2 weeks By the Prosecution (a) Seeking DPPs instructions - 1 to 2 weeks (b) Prosecution applies for time for further investigations - 2 to 4 weeks (c) Psychiatric report required - 2 weeks (remanded IMH to ascertain fitness to plea) because accused must be fit to plea court may have reason to suspect tt acused not fit to plea more so usu because of application of the proseuciton (d) HSA report - 4 weeks (e) Medical report on victim - 4 weeks As a general rule, a case will remain in Court 26 for a holding period of approximately 6 weeks from the first mention.(6 to 8 wks)

DOES NOT APPLY TO FAST TRACK CASES WHERE URGENT/ ACCUSED IN REMAND With respect to (c) above, the accused must be fit to plead if his plea is to be accepted. If the court has reason to suspect that an accused is not fit to plead, e.g. based on the courts own observation of his behaviour in court or on the prosecutions application, the Court will order the accused to be remanded at IMH to ascertain his fitness to plead see CPC, sections 307 to 319. Generally after a holding period of approximately 6 weeks from the first mention, the case will proceed to a pre-trial conference (PTC) if (1) the accused claims trial or is not otherwise prepared to plead guilty or (2) the prosecution is not ready with their case. Depending on the availability of dates, the PTC will be scheduled in 1 - 2 weeks from the last mention. For fast-track cases or cases where the accused is in remand, the holding period may be shortened considerably and the PTC may be fixed as early as one week from the date of the first mention. PPO cases such cases are transferred to a GMC Court within 2 weeks of being mentioned in Court 26. APPLICATION FOR ADJOURNMENT AND REMAND an adjournment is likely to be necessitated by factors such as the accused wishing to instruct counsel, counsel needing time to take instructions and make representations, prosecution needing time to complete investigations, to obtain forensic or medical reports, et cetera

-

courts power to adjourn or postpone proceedings in criminal matters: s. 198(1) CPC Power to postpone or adjourn proceedings. 198. (1) If from the absence of a witness or any other reasonable cause it becomes necessary or advisable to do so the court may, by order, postpone the commencement of or adjourn any inquiry or trial on such terms as it thinks fit for such time as it considers reasonable and may, if the accused is not on bail, by a warrant remand the accused in such custody as the court thinks fit. Form 36. a properly endorsed medical certificate in strict compliance with para 135 (Pt XV) of the Subordinate Courts Practice Directions 2006 must be tendered

Sub Courts Prac - 135. Absence from Court on medical grounds 1(1) If: 0(a) any party to proceedings; 1(b) any witness; 2(c) any counsel; or 3(d) a Deputy Public Prosecutor or other officer or person appointed by the Attorney-General to assist him or to act as his deputy in the performance of any of the functions or duties of the Public Prosecutor under the Criminal Procedure Code (Cap. 68, 1885 Revised Edition) or under any other written law, 1is required to attend Court and wishes to excuse himself from Court on medical grounds, he must tender or cause to be tendered to the Court an original medical certificate. The medical certificate so tendered must be in the form and contain the information and particulars required by sub-paragraphs (2) to (5). 2(2) A medical certificate issued by a Government hospital or clinic may be in the pre-printed form produced by the Ministry of Health, a sample of which appears at Form 52 of Appendix B. A medical certificate issued by a restructured hospital or specialist centre may also be in a pre-printed form similar to the sample which appears at Form 52 of Appendix B. The pre-printed medical certificate must: 0(a) be completely and properly filled in; 1(b) contain the name of the medical practitioner who issued the medical certificate; 2(c) state the name of the hospital or clinic in which the medical practitioner practices; 3(d) indicate that the person to whom the certificate is issued is unfit to attend Court, and specify the date(s) on which he is unfit to attend Court; 1be signed in full by the medical practitioner and must not be merely initialled; and 2(f) be authenticated by a rubber stamp showing the medical practitioners full name and his designation in the hospital or clinic, as the case may be. 2(3) If a medical certificate is not in Form 52 of Appendix B, then the medical certificate should: 1(a) be addressed to the Court for which the certificate was intended. It must not merely be addressed to whomsoever-it-may-concern. Where the patient is unable to furnish the name of the judicial officer concerned, the relevant medical certificate may be addressed to The District Judge/Magistrate, Subordinate Courts or The Registrar, Small Claims Tribunals, as the case may be; 0(b) identify clearly the name of the medical practitioner who issued the certificate; 1(c) state the name of the hospital or clinic from which it had been issued; 2(d) be signed in full by the medical practitioner and not merely initialled; 3(e) be authenticated by a rubber stamp showing the medical practitioners full name, designation and any other relevant particulars; 0(f) contain the diagnosis of the patient concerned, if any (unless the diagnosis cannot or should not normally be disclosed); 1(g) contain a statement to the effect that the person to whom the certificate had been issued is medically unfit to attend Court, and specify the date(s) on which the person is unfit to attend Court; and 2(h) bear the date on which it was written, and where this differs from the date of consultation this must be clearly disclosed. 1(4) If any portion of the information set out in sub-paragraph (3) is not found in the medical certificate proper, such information should be included in a memorandum attached to the medical certificate. This memorandum must similarly: 0(a) identify clearly the name of the medical practitioner who issued the memorandum; 1(b) contain the name of the hospital or clinic from which it was issued; 2(c) be signed in full by the medical practitioner and not merely initialled; and 3(d) be authenticated by a rubber stamp showing the medical 0practitioners full name and designation. 2(5) All information and details in any medical certificate or any memorandum must be clearly and legibly printed. 3(6) If the Directions set out in sub-paragraphs (2) to (5) are not complied with, the Court may reject the medical certificate and decline to excuse the absence from Court of the person to whom the medical certificate was issued. The Court may then take any action it deems appropriate. 4(7) This Paragraph shall apply to both civil and criminal proceedings in the Subordinate Courts, whether in open Court or in chambers (including proceedings in the Family Court and the Small Claims Tribunals). even if accused is medically excused from attending court, if court is of view that his non-attendance is more a deliberate attempt to evade proceedings, court may refuse to grant a further adjournment and may direct that the accused be arrested instead: Chua Tiong Tiong v PP [2001] 3 SLR 425

Chua Tiong Tiong v PP Facts The appellant, was convicted on a charge under s 6(b) of the Prevention of Corruption Act (Cap 241) (PCA) of bribing a senior police officer to provide assistance and insider information relating to arrests arising from his illegal moneylending activities. The appellant was sentenced to 18 months imprisonment. The senior police officer, one Lim, was convicted in the same trial on a corresponding corruption charge. Lim was sentenced to 30 months imprisonment. The appellant appealed against his sentence on the ground that it was manifestly excessive. Held, dismissing the appeal and enhancing the sentence to 48 months imprisonment and a fine of $100,000: (1) The present case involved serious public interest considerations. Eradicating corruption in our society was of primary concern, especially where public servants were involved, whose core duties were to ensure the smooth administration and functioning of the country. Any loss of confidence in those running the administration as a result of corruption would ultimately undermine the forces which sustain our democratic institutions. (2) Generally, in most cases, the giver of gratification bore equal culpability to that of the receiver and hence sentences meted out should be similar in terms. However, there were cases where a giver was less culpable and deserved a lesser punishment, such as when a giver was under compulsion or some form of pressure to give. Conversely, a giver could be more culpable than the receiver, such as when the giver intended to corrupt the establishment of law and order for his private gain or to pervert the course of justice. In the latter situation, which was the case here, the giver deserved more punishment. (3) In the light of all the considerations, the appellants sentence was manifestly inadequate. The appellants elaborate bribery scheme had far-reaching consequences and if not stopped or deterred, would compromise the entire foundation of our criminal justice system. The appellants previous antecedents all demonstrated the need for a sentence which would sufficiently deter him from future criminal conduct. He was clearly a recalcitrant offender and his present conviction simply showed his increasing disregard of the law. (4) The PCA was enacted to provide for more effectual prevention of corruption in Singapore. To give effect to the punishment prescribed under s 6(b), a sentence of 48 months imprisonment and a fine of $100,000 (in default 24 months imprisonment) would be appropriate. prosecution may apply for a remand if the custody of an accused is necessary for investigations while there is no restriction on how long a district court judge can remand an accused, a magistrates court shall not remand an accused for a term exceeding 8 days at a time: s. 198(2) CPC accused may be ordered to be remanded where accused is unable to furnish bail or in vases where bail has been denied Power to postpone or adjourn proceedings. 198. (2) No Magistrates Court shall remand an accused person to custody under this section for a term exceeding 8 days at a time. Explanation..If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence and it appears likely that further evidence may be obtained by a remand this is a reasonable cause for a remand.

FAM VIOLENCE CASES For straightforward and simple cases and where the accused is not represented, these may be fixed directly for hearing in Court 14 within two weeks from the last mention in Court 26 or Court 23. If in court 14 that means fixed for hearing Policy is no adjournment so must be ready for trial! Particular procedures in a criminal trial If the accused is absent, a warrant of arrest would be issued against him and the bail sum would be forfeited. The surety would be asked at a later date (usually about a month later) to show cause why the full sum ought not to be forfeited. The law provides that the evidence must be taken in the presence of the accused (CPC, s 203). This is subject to provisions which provide otherwise for example: Magistrate may, by indorsing a summons, permit theaccused to appear by his advocate (CPC, 137(1)). If the offence is punishable by fine only or by imprisonment not exceeding three months and a ummons has been issued, the accused may plead

guilty by advocate or his letter (CPC, 137(2)). If the court intends to impose a sentence of imprisonment the accused must be present for this purpose (CPC, 137(5). Non-appearance of accused If it is shown that the summons was served on the accused a reasonable time before the date on which he was required to appear and there is no basis for an adjournment, the court may hear and determine the complaint in his absence (CPC, s 180(p). Otherwise it may adjourn the hearing. PRESENCE OF THE ACCUSED AT TRIAL attendance secured by court remanding accused in custody or releasing him on bail or in obedience to a summons that has been served once accused is formally charged in Court, fresh bail would be offered at the first mention by the Court all court bails are processed at the Bail Centre s. 203 CPC provides that all evidence shall be taken in the presence of the accused or in his advocate Evidence to be taken in presence of accused. 203. Except as otherwise expressly provided all evidence taken under Chapters XVII, XIX and XXI shall be taken in the presence of the accused or, when his personal attendance is dispensed with, in the presence of his advocate. physical attendance of accused to be dispensed with: a) when magistrate endorses on the summons that the personal attendance of the accused is dispensed with and permit him to appear by advocate: s.137(1) b) in a summons case where the offence is punishable with a fine or imprisonment up to 3 months or both, and the accused intends to plead guilty: s. 137(2) to (3) c) court has decided to use a live videolink in a case: s.364A(3) CPC, and procedure is set out in Sub Courts Practice Direction 2006, Pt XVI, para 157, sessions are usually held between 8.45 am to 9 am every morning Personal attendance of accused may be dispensed with. 137. (1) Whenever a Magistrate issues a summons, he may, at his discretion, by endorsement thereon or footnote thereto, dispense with the personal attendance of the accused and permit him to appear by advocate. (2) In any case relating to an offence punishable by fine or by imprisonment not exceeding 3 months or by both and in which a Magistrate has issued a summons, an accused person desiring to plead guilty and be convicted and sentenced in his absence may appear by advocate, or may by letter addressed to the court plead guilty and submit to pay any fine which may be imposed in respect of that offence, and the court may thereupon record a plea of guilty and convict him according to law, and may sentence him to a fine with or without a sentence of imprisonment in default of payment of the fine. Act 31/96 wef 1.11.96 vide S 467/96. (3) In case of a plea of guilty by letter the accused shall give in the letter an adequate postal address and the court shall inform the accused by letter sent by registered post to that address of the sentence imposed. Any fine so imposed shall be paid by the accused within 7 days from the date on which the courts letter was posted. Evidence through live video or live television links. 364A. (3) Notwithstanding any other provision of this Act or the Evidence Act, the court may, in its discretion, order an accused person to appear before it through a live video or live television link whilst in remand in Singapore in proceedings for any of the following matters: (a) any application for bail; (b) any extension of the remand of an accused person under section 198; and (c) such other matters as the Minister may, after consulting the Chief Justice, prescribe. Sub Courts Practice - 157. Appearance in Court 26, Subordinate Courts via video link of accused persons who are remanded at Queenstown Remand Prison The Directions contained herein shall govern the use of and the procedures in connection with the video link facilities available in Court 26 for the use of counsel. 1(1) Application 0(a) With effect from 2 January 1996, all accused persons remanded at the Queenstown Remand Prison (`QRP') and whose next mention has been fixed in Court 26, will appear before Court 26 for mention through live video link between Court 26 and the QRP Video Room. All other aspects of the proceedings in court will remain unchanged.

1(b) In order to facilitate these proceedings, Court 26 will commence earlier at 8.45 am from Mondays to Fridays. Sittings in Court 26 on Saturdays will be unaffected and will commence at 9.00 am. 2(c) This mode of appearance shall, for the present purpose, apply only to cases mentioned in Court 26 and not to other cases fixed for mention or for hearing in any of the other courts in the Subordinate Courts. However, accused persons who are first charged in Court 26 will continue to appear or be physically produced in Court 26 for the first mention. 3(d) A schedule of the cases where the accused persons are to appear before Court 26 via video link for that day will be made available at the counsels table in Court 26 by 8.15 am every morning for reference. 1(2) Taking of last minute instructions 1(a) In a case where the accused person is appearing via video link and his counsel wishes to take `last minute' instructions privately while that matter is being mentioned, his counsel will be able to do so via a telephone placed at the counsels table. This is subject to the approval of the presiding District Judge. 2(b) In order not to disrupt the proceedings, such taking of `last minute' instructions should be restricted only to matters relevant to the mention and be kept as short as practicable. 2(3) Pre-mention interviews 1(a) Additionally, a new facility will be provided in Court 26 0for counsel to conduct pre-mention interviews with the accused person who will be appearing in Court 26 via video link. This will be scheduled between 8.10 am and 8.40 am, prior to the commencement of the court sitting at 8.45 am. 1(b) Arrangements will be made for the accused person to be produced at the QRP Video Room between 8.10 am and 8.40 am on the day that the case is due for mention via video link in Court 26. 0(c) Counsel who have reserved a time slot for a pre-mention interview must be present at Court 26 by 8.05 am to commence the interview via video link. Again, due to the time limitation, each interview has to be limited to three (3) minutes. Similarly, such interviews should be restricted only to matters relevant to the mention and be kept as short as practicable. 0(d) It is important to note that these pre-mention interviews are not designed to replace the taking of full instructions by counsel, who may continue to apply to the Superintendent, QRP, to visit accused persons in prison for an interview. 1(e) If a counsel is absent when his client is ready for the pre-mention interview, the counsel would lose his time slot. The counsel can then apply to the Court to communicate with his client as detailed at subparagraph (2) above when the case comes up for mention in open court. 2(4) Time for submitting application form 1(a) In order that a time slot may be reserved for the pre-mention interview, counsel are required to submit the prescribed application form (Form 60 of Appendix B) as follows: 1(i) For video link cases fixed for mention on Mondays, or on such other days where the preceding day is a public holiday, the application form must be submitted personally to the court officer in Court 26 by 10.30 am on the preceding Saturday, or the day preceding the public holiday, as the case may be; and 2(ii) for video link cases fixed for mention on Tuesdays to Fridays, the application form must be submitted personally to the court officer in Court 26 by 12.00 noon on the day preceding the mention date. 3(b) In view of the time limitation, applications for pre-mention interviews have to be limited to five (5) per day and would be processed on a first-come-first-serve basis. All applications by counsel may be deemed approved, unless counsel is otherwise informed by the Court. 2(5) Counsel who are briefed after the first mention in court 0In view of the video link cases, there is a necessity to modify the order of mentions of cases. This will be managed by the court officer in Court 26. Video link cases will be mentioned ahead of all other cases. As far as practicable, cases where the accused person is represented by counsel (`counsel case') will continue to be mentioned first. 0If a counsel is instructed only after the case had been first mentioned in Court 26, the Court's record would not have a mentions slip and would not indicate that the case concerned is a counsel case. In such a case, the counsel must state clearly in the last row of the mentions slip (Form 61 of Appendix B) that the accused person is remanded at the QRP so that the case can be brought forward in the order of mentions. Otherwise, it will be treated as an `accused-in-person' (`AIP') case and would be mentioned only after all cases represented by counsel have been dealt with. (6) Counsel who are absent when their cases are mentioned in court Counsel whose clients are to appear in Court 26 via video link should be present in court before 8.45 am. If the counsel is absent when a video link case is mentioned, the case would be stood down until all other cases have been dealt with. If there is a need, a second video link session will

be scheduled at 10.30 am on the same morning. (7) Instances where the Court may order an accused person remanded at the QRP to be physically produced in Court 26 The court may order that an accused person who is to appear, or who has previously appeared, via video link in Court 26 to be physically produced in court. These instances include the following: 1(a) when an accused person indicates that he intends to plead guilty; 2(b) when the charge(s) against an accused person is/are withdrawn; 1(c) when the accused person has to be produced in court for bail processing; 1(d) when the Court deems it necessary under section 364A(5) of the Criminal Procedure Code (Cap. 68, 1985 Revised Edition); or 2(e) when the presiding District Judge so orders. if accused voluntarily absents himself, court will issue a warrant for his arrest judge also has discretion to examine witnesses produced by prosecution: s.375 CPC Transfer of Cases to Other Courts s186 CPC During mentions, case may be Transferred from one court to another. Possibilities include: CLASSIFICATION OF OFFENCES AND COURTS classification is made with reference to the hearing and sentencing jurisdiction case may also be transferred between different criminal courts upon prosecutions application or on the courts own motion: s.186 CPC

(1) Case wrongly classified or reclassified o (DAC as MAC) (2) Accused has many previous convictions and PP wants to press for CT, PD which only District Court can impose (3) Court does not have full sentencing powers o (DJ hearing MAC ex. Mag powers) (4) Case management reason: o eg. corruption and commercial crime cases are specially managed Legal basis s186 CPC Transfer of cases by other courts. 186. (1) In any trial before a Magistrates Court in which it appears at any stage of the proceedings that from any cause the case is one which the Magistrates Court is not competent to try or one which in the opinion of that Court ought to be tried by a District Court or by the High Court, or if before or during the trial application is made by the Public Prosecutor, the Court shall stay proceedings and transfer the case to a District Court or proceed under Chapter XVII with a view to the committal of the accused for trial by the High Court and shall record its order on the proceedings. (2) In any trial before a District Court in which it appears at any stage of the proceedings that from any cause the case is one which the District Court is not competent to try or one which in the opinion of that Court ought to be tried by the High Court, or if before or during the trial application is made by the Public Prosecutor, the Court shall stay proceedings and order the accused to be brought before a Magistrates Court with a view to his committal for trial by the High Court and shall record its order on the proceedings. (3) The powers conferred by subsections (1) and (2), other than the power of a Magistrates Court to transfer a case to a District Court, shall not be exercised except upon the application as aforesaid or with the consent of the Public Prosecutor. (4) If in a trial before a Magistrates Court or a District Court the accused, when charged, has refused to plead or has not pleaded or has claimed to be tried, and no further step has been taken in the proceedings, the Court may, if it thinks fit, stay the proceedings and transfer the case to another

Magistrates Court or District Court, as the case may be, and shall record its order on the proceedings.

PLEA OF GUILT Workflow of plead guilty cases If accused enters a plea of guilty at Court 26 or Court 23 he may be dealt with in Court 26 or 23 itself or his or her case be transferred to: Court 24; community court. Ie may transfer after taking plea and recording it do not be shocked tt coinviction and sentence not given there and then Some cases may go to court 20 Procedure where Accused Pleads Guilty If accused wishes to PLEAD GUILTY, and parties are ready for plea, mentions court can record plea and pass sentence, follow this procedure: WHERE AN ACCUSED PLEADS GUILTY TO A CHARGE must be advised on the offence for which he is charged and the maximum or minimum penalty for the offence duty of a judge before accepting a plea of guilty is set out by Rajah Azlan Shah J. in Cheng Chong & Ors v PP: judge must satisfy himself by: a) considering each and every ingredient of the charge; b) questioning the accused to see whether he really understands the charge and intends to admit the facts without qualification; and c) ascertaining that the accused understands the nature and consequences of his plea if the particulars of the charge do not coincide with the statement of facts, the court can order an adjournment for the prosecution to either amend the charge or the statement of facts, the court cannot acquit the accused: PP v Soon Tiew Choon if the court finds that the statement of facts discloses that the offence is made out and the accused admits to the statement of facts without qualification, and does not qualify the plea of guilt or the statement of facts at any stage of the proceedings, the court ought not to amend the charge, and unless there are exceptional circumstances, the court ought to convict the accused: PP v Banphanuk 1) Charge read and explained to accused: s 180(a) CPC Charge(s) read (usually by the court interpreter) (there may be interpreter) Accused indicates that he wishes to plead guilty Intepreter will explain the punishment and implications of the charge If accused does not plead guilty, he claims trial and the hearing dates will be given.

-

Procedure: s.180(a) & (b), s.187(1) CPC Procedure in summary trials. 180. The following procedure shall be observed by Magistrates Courts and District Courts in summary trials: (a) when the accused appears or is brought before the court, a charge containing the particulars of the offence of which he is accused shall be framed and read and explained to him and he shall be asked whether he is guilty of the offence charged or claims to be tried; (b) if the accused pleads guilty to a charge whether as originally framed or as amended, the plea shall be recorded and he may be convicted on it: Provided that before a plea of guilty is recorded the court shall ascertain that the accused understands the nature and consequences of his plea and intends to admit without qualification the offence alleged against him;

Commencement of trial. 187. (1) When the court is ready to commence the trial, the accused shall appear or be brought before it and the charge shall be read and explained to him and he shall be asked whether he is guilty of the offence charged or claims to be tried.

2)

The accused should also be fit to plead guilty. Where the accused is unfit, there are separate procedures, which governs this. See Section 307 319 of the CPC. Procedure when accused is suspected to be of unsound mind. 308. (1) When a Judge or District Judge holding a trial or a Magistrate holding or about to hold an inquiry or trial has reason to suspect that the accused is of unsound mind and consequently incapable of making his defence, the Judge, District Judge or Magistrate, as the case may be, shall in the first instance investigate the fact of such unsoundness. (5) Any court before which a person suspected to be of unsound mind is accused of any offence may, on the application of the Public Prosecutor, made at any stage of the proceedings before the trial, order that that person be sent to a mental hospital for observation. The medical superintendent may, notwithstanding any other provision of law, detain any such accused person for such period, not exceeding one month, as may be necessary to enable him to form an opinion as to the state of mind of that person, and shall forward a copy of his opinion, in writing, to the Public Prosecutor

Fitness to plead Not everyones plea will be excepted - Should be fit to plead if not fit, then not accepted Where accused is unfit to plead separate procedure, s307-s319 CPC Accused appears to be of unsound mind, court must in the first instance inquire on this issue: s. 308(1) & (2) CPC Court may on its own motion, or through the prosecutions application order the accused to be remanded up to a month each time in a mental institution (Institute of Mental Health) to ascertain his fitness to plead: s. 308(3) to (5) CPC Procedure when accused is suspected to be of unsound mind. 308. (1) When a Judge or District Judge holding a trial or a Magistrate holding or about to hold an inquiry or trial has reason to suspect that the accused is of unsound mind and consequently incapable of making his defence, the Judge, District Judge or Magistrate, as the case may be, shall in the first instance investigate the fact of such unsoundness. (5) Any court before which a person suspected to be of unsound mind is accused of any offence may, on the application of the Public Prosecutor, made at any stage of the proceedings before the trial, order that that person be sent to a mental hospital for observation. The medical superintendent may, notwithstanding any other provision of law, detain any such accused person for such period, not exceeding one month, as may be necessary to enable him to form an opinion as to the state of mind of that person, and shall forward a copy of his opinion, in writing, to the Public Prosecutor. Essentially, when person is suspected to have some unsoundness of mind or other mental condition, court will send him for psy exam to determine whether fit to plea Then he will be remanded in IMH for a mth and it will send psy report to the court and court will assess whether he is fit to plead If yes, then case will cont (if he wishes to plead guilty still) If not, then provisions in sns will apply and if person unsound, then court wil record this to be so and he is acquitted of the offence but only on ppr he will be sent to mental institn Minister of Home Affairs will decide if he stays in mental institn or come out after a period The accused person can be remanded to a mental hospital Application has to be made to the judge Case will be adjourned Mental institution will then report to the judge or PP after observation as to whether the accused was of sound mind when he committed the offence.

-

S 309, if the Medical Superintendent (defined as Medical Officer in charge of mental hospital) certifies the accused is of sound mind and capable of making his defence, the court will proceed with the inquiry or trial [unless satisfied to the contrary] What it the accused was of Sound Mind at the Trial/inquiry but unsound of mind when committing the offence? The court will proceed with the inquiry or commit him to trial. When accused appears to have been of unsound mind. 313. When the accused appears to be of sound mind at the time of any inquiry before a Magistrates Court and the Court is satisfied from the evidence given before it that there is reason to believe that the accused committed an act which if he had been of sound mind would have been an offence and that he was at the time when the act was committed by reason of unsoundness of mind incapable of knowing the nature of the act or that it was wrong or contrary to law, the Court shall proceed with the case and, if the accused ought otherwise to be committed to the High Court, send him for trial.

-

P v Ismail bin Ibrahim [1998] 3 MLJ 243 explains why a plea of guilt should not be accepted by the court in such circumstances. Accused was shown to be suffering from schizophrenia at the time of committing the offence but was capable of making his defence at trial. If fact, the accused entered a guilty plea understanding the consequences of his decision, which was accepted by the Magistrate who convicted him. DPP applied for revision on the ground that the Magistrate should not have accepted the guilty plea. Held: o (1).It is the duty of the court to ensure that an accused is fit to plead. Once the court is satisfied that the accused is fit to stand trial, then the trial should proceed even though he was of unsound mind at the time of the commission of the offence. If the accused can then establish that he was of unsound mind at the time of the commission if the offence, he is entitled to raise the defence of insanity under s 84 of the Penal Code o (2).To argue therefore that the right to plead guilty as on the facts of this case is within the exclusive domain of the accused is contradictory to some of the fundamental principles of criminal jurisprudence. In such circumstances, the guilty plea of the accused must not be accepted by the court and a plea of not guilty must be entered. The corollary is that an accused person who has insanity available to him as a defence is not at liberty to enter a plea of guilty. o (3).A plea of insanity can only be determined in a full trial. It cannot be done after a guilty plea has been accepted for two reasons. First as a successful plea of insanity will result in an order of acquittal, a full trial is warranted as such an order cannot be made after a plea of guilty. This is for the reason that an order for acquittal can be made only after hearing all evidence. Secondly, the court would require all available evidence, in particular the manner in which the offence was committed to enable it to make a ruling in the plea. Such evidence will be available only in full trial. Thus, where a guilty plea has not been accepted by the court on the ground that a plea of insanity has been disclosed, it should be treated as a plea of not guilty and the trial should proceed (see p 260B-E); PP v Nageswari [1994] 3 MLJ 463 followed. o In this case, there was sufficient prima facie evidence on record to show that the accused was of unsound mind at the time of the commission of the alleged offence. The learned magistrate ought to have rejected the plea of guilty of the accused and entered a plea of not guilty instead 3) Must be unequivocal signify without doubt and qualify admission to all ingredients of offence and all averments of charge Court must ensure that accused understand NATURE and CONSEQUENCE of his plea: s180(b) CPC. o Court must ensure that it is accused himself who wishes to plead guilty from accused own mouth and not counsels. Unless defendant is corporate defendant, which has authorized counsel as it representatives under s57 CPC to plead guilty or if summons case punishable with fine or imprisonment up to 3 years or both where accused personal attendance can be dispensed with: s137 CPC.

4)

o

Understand the nature of the plea = he must know what exactly he is being charged with nature of the offence. Hence, if he is charged for an offence under Section 379 of the Penal Code, he must know he is charged for theft simpliciter and not robbery. Understand the consequence of the plea means that his attention is drawn to the max prescribed punishment under the law such that he knows exactly the possible sentence he could receive upon a conviction. Hence, he must know that under Section 379 of the Penal Code, he is liable to imprisonment up to three years or a fine or both. This is particularly important where the offence carries a mandatory sentence of any nature Tt accused intends to admit without qualifn the offence alleged against him =>< court under duty to ensure tt all ingreidnet soncstig offence are included in SOF and admittred eihtout qualifn Toh Lam Seng 2003 2 SLR 346; etc

o

o

Facts The petitioner had pleaded guilty to a charge of voluntarily causing hurt under s 323 of the Penal Code (Cap 224). In his mitigation plea, the petitioner raised the fact of provocation in some detail. He was convicted and sentenced to 12 months of imprisonment. The petition was premised on the fact that he had qualified his plea of guilt by raising the fact of provocation and that it constituted a separate offence under s 334 Penal Code. He also appealed against his sentence on the ground that it was manifestly excessive. Held, dismissing both the petition and appeal: (1) The allegation of provocation did not contradict the petitioners admission to the material elements of the offence under s 323 of the Penal Code. The existence of provocation did not automatically take the offence out of s 323 of the Penal Code. The allegation of provocation fell short of grave and sudden provocation. Provocation was raised merely as a mitigating circumstance: at [16] to [18]. (2) Where the mitigation by the accused might qualify his plea of guilt, the judge ought to have made further enquiry of the accused to ensure that he truly intended to unequivocally plead guilty to the charge. Although this was not done, there was no injustice caused in the circumstance: at [10] to [11] and [19]. (3) Although the victim had essentially precipitated the attack, the petitioners numerous antecedents for violent behaviour could not be disregarded. The sentence was not manifestly excessive: at [23] to [24]. Koh Thian Huat v PP [2002] 3 SLR 28; Facts The petitioner (Koh) was charged with theft under s 380 of the Penal Code (Cap 224). At his trial, the court interpreter read and explained the charge to him in Mandarin, and he was convicted after he pleaded guilty and admitted to the entire statement of facts (SOF) without qualification. Koh later indicated that he wished to retract his guilty plea and to engage counsel. The judge dismissed this and sentenced him to seven years corrective training in view of his antecedents. In his petition for revision, Koh argued that - (a) he did not have the requisite mens rea at the time of the offence, and (b) his plea was invalid as he was uaware that he had a valid defence when he pleaded guilty being unrepresented then. Koh appealed against his sentence as well. Held, dismissing the petition and allowing the appeal against sentence to be withdrawn: (1) The power of criminal revision was to facilitate the High Courts supervisory and superintending jurisdiction over criminal proceedings before a subordinate court so as to correct, if necessary, a miscarriage of justice arising from the correctness, legality or propriety of any finding, sentence or order recorded or passed, and also to the regularity of that courts proceedings. (2) The High Courts revisionary powers were to be exercised judiciously and it must be satisfied that serious injustice had resulted, or would result if it did not intervene. The onus lay on Koh to satisfy the court that serious injustice would result if leave to withdraw his plea was denied. Further, the serious injustice had to be of a nature and degree that warranted the courts intervention and exercise of its revisionary powers in order to rectify an error, or a purported error, of law or procedure made by the judge. (3) Kohs claim that he lacked the requisite mens rea failed. First, he admitted without qualification to the SOF when he pleaded guilty and did not challenge it till much later. Second, he was unable to provide any valid explanation for the inconsistencies between his version of facts and the SOF. (4) There was nothing to suggest that Koh did not understand the salient aspects of his case when he pleaded guilty. First, the interpreter had explained the entire proceedings to him in Mandarin. Second, the judge observed that he appeared to understand what he was doing when asked to enter his plea, which was

voluntary and unequivocal. Third, Koh was no stranger to court proceedings given his numerous antecedents. (5) There were both statutory and common law safeguards before a guilty plea could be regarded as the basis for a conviction. Section 180(b) of the CPC required that the accused understood the nature and consequences of his plea, and intended to admit without qualification the offence alleged against him. These were also the safeguards under the common law, with the further requirement that the accused himself pleaded guilty and not through his counsel. (6) Kohs conviction was sound as - (a) the facts were straightforward and undisputed, (b) the evidence showed that he knew the nature and consequences of his plea, and (c) the judge had observed and adhered to the safeguards. (7) Koh was allowed to withdraw his appeal against sentence in the light of the judges written grounds of decision and Kohs antecedents. Per curiam: A revisional court confined itself to errors of law or procedure, and dealt only with questions of evidence or disturbed the lower courts finding of fact only in very exceptional circumstances. The main question facing the court was whether substantial justice was done and whether it should interfere in the interests of justice. It should not interfere when substantial justice was done. Balasubramanian Palaniappa Vaiyapuri v PP [2002] 1 SLR 314 Facts The appellant was charged for outrage of modesty under s 354 of the Penal Code (Cap 224). He pleaded guilty, pursuant to the statement of facts which he admitted to without qualification, and was sentenced to 12 months imprisonment. He petitioned for a criminal revision, arguing that - (a) the trial judge had no jurisdiction to hear the matter as consent had not been obtained from the under s 3(2) of the Tokyo Convention Act for the commencement of proceedings, (b) his plea of guilt was not unqualified as he had informed the court during mitigation that he drank heavily before the incident, and (c) the statement of facts was defective as not all the elements of the offence were stated. He also appealed against his sentence on the basis that it was manifestly excessive. Held, dismissing the petition and appeal, and enhancing the sentence: (1) The trial judge had jurisdiction to hear the matter. The Solicitor General had the power to issue the consent as he was the Acting Attorney General at the time in question. Further, his consent was valid as the original charge to which he consented to did not concern an offence that was different from that which the appellant was charged with in court. (2) In determining the validity of the plea of guilt, the following safeguards should be observed: (a) the accused himself must have pleaded, (b) the court must ascertain whether the accused understood the nature and consequences of his plea; nature of the plea meant that the accused must know exactly what he was being charged with, while consequences of the plea meant that he had to be aware of the punishment prescribed by law so that he knew the possible sentence that he would receive on conviction, and (c) the court must establish that the accused intended to admit without qualification to the offence he was charged with. (3) If the mitigation plea qualified the plea of guilt by indicating the lack of mens rea or actus reus, the accused would not be deemed to have admitted to the offence without qualification, and the plea of guilt would be rejected by the court. The appellants mitigating plea did not qualify or modify his plea of guilt, and his claim of intoxication did not necessarily indicate the absence of mens rea for the offence. (4) Some of the relevant considerations in the High Courts exercise of its revisionary powers were - (a) it was to be exercised sparingly, (b) some serious injustice must have occurred before the court would intervene, (c) there was something palpably wrong in the lower courts decision which struck at its basis as an exercise of judicial power, and (d) it should not be used as a form of backdoor appeal against conviction for an accused who had pleaded guilty. (5) It was not manifestly plain that the offence charged was nowhere disclosed in the statement of facts, and no serious injustice had been caused nor was there anything palpably wrong in the trial judges decision. (6) For the defence of intoxication under s 86(2) of the Penal Code to stand, the accused had to prove on a balance of probabilities that he was so intoxicated from consumption of alcohol that he was incapable of forming any intention for the offence. The appellant could not plead the defence as no evidence was adduced to show that he was so intoxicated that he could not form the necessary mens rea. (7) The appellants sentence was not manifestly excessive, and was enhanced to 24 months imprisonment. First, while the standard sentence for an offence where the victims private parts or sexual organs were intruded upon was nine months imprisonment with caning, his offence was aggravated as he repeatedly

took advantage of the victim. Second, his plea of guilt did not automatically merit a discount in sentencing, and had to be balanced against the protection of the public. Third, the weight to be given to his absence of antecedents would be greater where there was positive evidence as to his good character. Fourth, his plea of good character was in fact an aggravating factor as the offence was exacerbated because he should have known better. Fifth, absence of antecedents did not necessarily warrant a discount in sentence, and had to be balanced against other considerations as well. nature refers to the nature of the offence for which he is charged while consequences refers to the maximum punishment prescribed by law which he may be subjected to upon conviction mandatory punishment must be brought to the accuseds attention prosecuting counsel will summarise the facts of the offence by tendering a written SOF prepared by the investigating officer CPC does not direct the court to consider a SOF before it accepts the accuseds plea of guilty Judicial practice for the court to scrutinize a SOF tendered by the prosecution to ensure that all the elements of the charge are made out therein: Mok Swee Kok v PP [1994] 3 SLR 140; Facts The appellant Mok was charged with abetting a robbery with hurt. He pleaded guilty to the charge and was duly convicted. Mok appealed against sentence. On appeal the Court of Appeal referred to the statement of facts presented in the court below. Concern arose as to whether that statement of facts sufficiently supported the charge of abetting robbery with hurt to which Mok had pleaded guilty. The court was faced with the question of the legal status of a statement of facts its power to re-open an appellants conviction where he has pleaded guilty and was appealing only against sentence. The court reserved judgment on 16 January 1992 and on 10 August 1993, a five-judge Court of Appeal was convened to hear further argument on these two issues. Held, allowing the appeal: (1) In Singapore the statement of facts was that the court bore a legal duty to record a statement of facts following an accuseds plea of guilt and to scrutinize the statement for the express purpose of ensuring that all the elements of the charge are made out therein. (2) To constitute a proper plea of guilt, the accused must admit without qualification. It was not necessary, however, for the accused to admit every fact alleged in the statement of facts, as long as what he admitted contained all the essential ingredients of the offence he was charged with and what he disputed (or did not admit) was irrelevant or immaterial to the offence. (3) Once an accused pleaded guilty and was convicted on such a plea, s 44(2) of the Supreme Court of Judicature Act (Cap 322) (the Act) prohibited an appeal against conviction. However, this did not preclude the possibility that the issue of his conviction may come to the notice of the Court of Appeal in the course of an appeal against sentence. The court may in hearing the appeal come upon material which induced serious doubt