Wed 9 Apr 2008
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
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
The recent amendments to the Penal Code are a good indication that criminal law reform is still well and alive in
Rachel is a first year law student and an associate editor of SLR.
April 9th, 2008 at 12:34 am
[...] An Overview: Singapore Criminal Law and Justice by Rachel Leow 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. (Read More) [...]