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MARCH 2015

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ARREST & COURT

PROCEDURE

COURTS JURISDICTION &

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BAIL

CRIMES & PUNISHMENT

Stages of Criminal Process in Singapore

1. Reporting of crime
2. Police Investigation (may be proactive or reactive
policing)
-> YOU MAY SEEK A DEFENCE LAWYER FROM HERE
ONWARDS
3. Your Arrest

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4. Prosecutorial deliberation and Pre-Trial Decision

Making
a) Decision on whether you may be released on bail
b) If you are not granted bail, the prosecutors choice of
offence (severity/ type) to charge you based on (at the
prosecutors discretion)
i. This directly impacts punishment since some offences
carry mandatory punishments
c) Opportunity for Negotiations
i. You may plead guilty to lesser charge resulting in some
charges dropped
ii. This increases efficiency and is thus a consensual case
disposal encouraged by Singapore courts
d) Opportunity for Compounding of offences
i. Only an option when the offence that you have committed
is a minor offence where no public interest has been
affected.
ii. The public policy rationale behind this is that although
your behaviour is one recognised as harmful necessitating
state interval, where parties can compound in agreement,
this would save state resources (e.g. trial, etc.)
iii. Compounding will succeed only if parties involved can
reach an agreement and there is consent from the judicial
officer
iv. A situation where an attempt to compound has failed is
evidenced in Ho Yean Theng Jill v PP where the court
rejected a proposed composition for maid abuse and upheld
4 months imprisonment for the employer.
5. Trial
a) No jury system in Singapore
b) Judge as trier of fact and law
6. Conviction and sentencing

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Rape
September 03, 2014

Criminal Breach of Trust

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7. Appeal
a) Both prosecution and your defence counsel may choose
to appeal against judges decision
b) Usually on points of law only (seldom variation on facts)
Should you have any questions or require legal
representation, kindly contact Gloria James-Civetta & Co on
6337-0469 for a free consultation, or email to
consult@gjclaw.com.sg

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