Criminal law plays a vital role in society by ensuring justice and fairness and serves to protect society from injurious acts. Essentially a coercive arm of the law which carries overtones of moral condemnation by society through the criminal label, criminal law differs from many other areas of law. Furthermore, the criminal law has always been the most visible aspect of a country’s legal system and is subject to much public scrutiny.

In Singapore, criminal cases are heard in the Subordinate Courts and in the High Court for more serious offences, with appeals to the High Court and Court of Appeal respectively. Singapore has abolished jury trials for criminal cases since 1970 for reasons including, inter alia, unsuitability of jury trials in Singapore’s racially fragmented society. When charged with an offence, accused persons can plead guilty or claim trial. A mitigation plea can be entered and a timely guilty plea can have mitigating value if it is a genuine expression of remorse, but not when there is no choice other than to plead guilty, or when public interest necessitates a deterrent sentence.

Although some fear that those in the lower income bracket of society will not be able to afford counsel and hence have a poorer chance at justice, pro bono schemes are increasingly accesssible to such persons. In 1985, the Law Society of Singapore started a Criminal Legal Aid Scheme (CLAS) which now covers 15 different statutes, including the Penal Code, for any offences other than those bearing the death penalty. Applicants undergo means testing and if they cannot afford a lawyer, a volunteer lawyer in private practice will be assigned to them. No fees would be charged although one may be required to pay for out-of-pocket expenses such as transportation. The CLAS currently only applies to persons who claim trial, though discretion is retained to allow representation in exceptional cases. The CLAS is currently funded through donations from members of the judiciary and the Bar, amongst others. For offences bearing the death penalty, the State will assign the accused a lawyer if he/she cannot afford one. Yet others fear that high prosecutorial success rates mean that the criminal trial process is inevitably weighed against accused persons. Although the figure may be high, it does not necessarily mean that there is a bias towards the prosecution in proving a case. Viewing this figure in a more positive light, it could mean that criminal proceedings are taken up against accused persons who had a weaker case and hence, that less time and money was spent pursuing convictions which are illusory.

However, in Mr Michael Hwang SC’s speech at the Opening of the Legal Year 2008, he recognized that a perceived bias in evidential matters might discourage legal practitioners from practicing criminal law. He raised two areas of particular concern, namely the statements recorded by the police from witnesses and the lack of discovery in criminal proceedings. Such evidential rules hamper justice and it is noted that amendments to the Criminal Procedure Code are underway.

The recent amendments to the Penal Code are a good indication that criminal law reform is still well and alive in Singapore today. Hopefully, criminal law reform will continue to thrive in order to serve the needs of society in promoting justice and fairness in the law.

Rachel is a first year law student and an associate editor of SLR.