Singapore High Court Clarifies the Sentencing Regime for Sexual Offences Under Sections 376 and 376A of Penal Code
Singapore High Court in ABC v Public Prosecutor [2022] SGHC 244, clarified the sentencing framework that applies to sexual offences under section 376(3) and section 376A(3) of the Penal Code after amendments were made to these sections with effect from 2020.
How much would it cost for a lawyer to defend me?
There are firms that quote a fixed fee for certain types of cases. We do not practice that because each case is different - from the type of charges and number of charges to the type of defence your require
What happens after I plead guilty?
If the accused indicates to the court that he wishes to plead guilty, a court date will be fixed for him to do so. Prior to indicating that he would be pleading guilty, the accused and/or his lawyers may write to the AGC
I received a stern warning or conditional warning. What does it mean and what happens to me?
Both a stern and conditional warning in Singapore by the Police would have no legal effect.
Can I reject a urine test or polygraph examination by the police?
The short answer is yes, you can reject a urine test or a polygraph examination.
How long can a person be remanded or held in custody for in Singapore?
A person cannot be remanded for more than 48hours without knowing what they have been charged with.
I am being currently being investigated, how long will an investigation by Singapore Police take?
There is no fixed amount of time in which the investigations need to be concluded by. Accordingly, the investigative process can last anywhere between a few weeks to several years.
What can I do if I am dissatisfied with my conviction and/or sentence?
If you are dissatisfied with your conviction and/or sentence, you may lodge an appeal by filing a Notice of Appeal within 14 days of the date on which you were sentenced.
What are Community Based Sentences?
Community Based Sentences (CBS) are sentencing options that emphasise rehabilitation over punishment. In essence, such sentences are generally available to first-time offenders above 16 years old who have been charged
I am below 21 years old, am I eligible for probation?
If you are below 21 years old, you are eligible to be placed on probation instead of receiving a fine or facing jail term for all types of offences. However, the Judge must first call for a probation suitability report, where a probation officer will assess your suitability for probation.
I sought advice from a legal clinic, do I still need a lawyer?
Yes, you are advised to seek legal representation even if you had sought legal advice from a legal clinic. Legal clinics are only able to provide preliminary advice on your matter as their time with you is limited. Further, the lawyer at the legal clinic who advises you on your matter cannot represent you in your legal proceedings.
Can I represent myself in my criminal proceedings in court?
Yes, you may choose not to engage a lawyer to represent you in your criminal proceedings. However, it is not advisable for you to be self-represented, especially if you intend to claim trial to the charges against you.
What are the consequences of pleading guilty or not guilty to a charge?
If you elect to plead guilty to the charge(s) against you, the Prosecution will prepare a Statement of Facts (“SOF”), which you will need to agree to without qualification. The Court will then convict and sentence you based on the SOF.
When should I plead guilty or not guilty?
If you believe that you are innocent and that the charge(s) is not made out, you may contest the charges by claiming trial. If you decide to engage a lawyer, your lawyer will write to the Prosecution requesting that they withdraw the charges against you.
I am being asked to give a statement to the police, should I engage a lawyer at this point?
Accused persons often engage legal counsel only after having their statements recorded by the police. However, there is much benefit to approaching a lawyer and receiving legal advice at an earlier stage.
I received a letter from the police informing me that I am going to be charged, what should I do next?
In such a situation, the letter may also contain a notice to attend court or instructions to attend a police station at a specific date and time (where the charges are formally served on you and you are given a chance to state your position on the charges). Do not panic but seek help from a reliable criminal lawyer who can explain to you the full extent of your liability, as well as to explore your options.
Am I entitled to bail? How much will my bail sum be?
Whether you are entitled to bail as of right depends on the offence(s) you have been charged with.
How is bail furnished?
All bail must be furnished in Singapore Dollars.
If the bail amount is $15,000 and below, your bailor may provide security by proving personal property items. If you don’t have enough money for bail