Forum: Courts will have discretion to calibrate penalties for first-time offenders

We thank Mr Foo Sing Kheng (

Proposed changes to traffic rules send the wrong signal to road users

, Nov 20) and Mr Gabriel Chia (

Good to give first-time traffic offenders a chance to learn from mistakes

, Nov 22) for their views on the proposed amendments to the Road Traffic Act.

First-time offenders will face punishment. The amendments will give the courts discretion in determining the appropriate sentence for a first-time offender, instead of the current situation where there is a prescribed mandatory minimum sentence.

These offenders will face penalties based on the specific circumstances of their case, including the nature and severity of the harm caused to the victim, and the level of culpability of the accused.

For example, consider a case of a motorist who runs a red light and collides with a motorcyclist who is speeding across the junction well above the speed limit. Assume that as a result of the accident, the motorcyclist has pain in the neck and shoulder and receives 25 days of medical leave.

The law requires the courts to impose a minimum of one year’s imprisonment and a period of disqualification from driving of eight years on the motorist.

However, considering that the motorcyclist had also been speeding and his injuries were not too severe, it can be said that the courts should have the discretion to impose a lesser sentence which might be more proportionate. Under the proposed amendments, the motorist will still face punishment, but not necessarily the current statutory minimums. 

There are no changes to the maximum penalties for dangerous or careless driving offences, the penalties for offenders who drive under the influence of alcohol or drugs, or the mandatory minimum penalties where grievous hurt or death is caused.

The Ministry of Home Affairs also intends to increase the composition sums and demerit points for certain traffic offences to further strengthen deterrence against irresponsible driving behaviour.

Ng Li Sa (Dr)
Director/Policy Development Division
Ministry of Home Affairs