Variety of penalties in the works for lesser offences
By
K. C. Vijayan, Law Correspondent
One radical proposal is for what it calls a Short Detention Order: a week's jail for low-risk, first-time offenders. -- ST PHOTO: WNAG HUI FEN
JAIL terms and fines should not be the only sentences judges can impose on those who commit less serious crimes.
The Law Ministry thinks judges should have a wider range of sentencing options, including ordering offenders to get psychiatric treatment, do community work or report to a designated centre daily.
One radical proposal is for what it calls a Short Detention Order: a week's jail for low-risk, first-time offenders.
Such alternatives would fit the wider range of crimes now prevailing, including anti-social behaviour such as disputes between neighbours.
The proposals are also a response to growing recognition that some crimes are a result of mental disorders which can be treated more fully now.
These recommendations are among several changes proposed to the Criminal Procedure Code, which regulates how criminal investigations and trials are carried out.
The draft Code, made public yesterday for feedback, comes in the wake of amendments to the Penal Code last year which updated existing laws and revised penalties for some offences.
Recent years have seen changes that have given judges more sentencing options.
In 2006, the Community Court was set up to hear cases such as those involving offenders with mental illnesses where the judge can order a period of probation or home detention instead of sticking strictly to jail and fines.
The new proposals, the ministry said, will complement the work of the Community Court and other community-based options such as Corrective Work Orders for litterbugs.
More importantly, they allow for offenders to be punished adequately without disrupting their family life or causing the loss of their jobs.
The ministry said the different options should not be 'overly stigmatising and disruptive', nor would they compromise public safety.
'Only offenders who have committed less serious crimes will be eligible,' it said.
Community involvement would also keep the offender active in society and reduce the risk of his mixing with hardcore convicts. The Short Detention Order, for example, would make offenders feel the 'clang of the prison gates' but not dislodge them from their families and jobs.
Consultant psychiatrist Brian Yeo said having the courts order psychiatric treatment in lieu of imprisonment would make those with mental conditions less afraid of pleading guilty.
'The new move is a positive step for such offenders and recognises treatment as an option,' he added.
Welcoming the new sentencing options for less serious cases, senior lawyer Subhas Anandan said: 'It's pointless to use sledgehammer penalties for mouse offences.' Some offenders who are jailed for a week or two may come out more bitter than when they went in, he felt.
Other proposed changes include giving additional powers to magistrates to impose stiffer sentences, and to the police to use lethal force to prevent terrorist acts.
Another proposal aims to give criminal lawyers more access to statements and evidence gathered by prosecutors ahead of a trial.
Lawyers were surprised by what seems to be an apparent change of heart on the subject of compensating some of those who are acquitted.
The ministry is proposing that the courts can order the prosecution to compensate those against whom 'frivolous or vexatious' charges have been brought.
Feedback may be faxed to the Law Ministry at 6332-8842 or via e-mail to MLAW_Consultation@mlaw.gov.sg up till Feb 5 next year.
