Guilty pleas earlier in court process can get higher sentencing discount under new guidelines

SINGAPORE - A person who indicates that he wishes to plead guilty soon after he is formally charged in court could get a sentencing discount of up to 30 per cent when he eventually follows through with a guilty plea.

A set of guidelines was published by the inter-agency Sentencing Advisory Panel on Tuesday clearly specifying the potential reduction in sentences that a judge may grant, based on the stage at which an accused person pleads guilty.

In general, the earlier the accused person decides to plead guilty, the greater the reduction in sentence that may be applied. 

The guidelines set out four stages of criminal proceedings, with the reduction in sentences ranging from up to 30 per cent for a guilty plea at the earliest stage, to up to 5 per cent at the last stage.

Both the prosecution and the defence can highlight these guidelines in sentencing arguments to the court from Oct 1.

These are the first official set of sentencing guidelines published by the panel, which was established in 2022 with the aim of providing more consistency, transparency and public awareness in sentencing.

In October 2022, the panel issued two information notes, one giving an overview of sentencing principles and the other relating to offenders who are facing sentencing for multiple offences.

The panel comprises members from the judiciary, the Law Ministry, the Home Affairs Ministry, the police, the Attorney-General’s Chambers and the criminal Bar.

The panel said these guidelines are intended to encourage accused persons who wish to plead guilty to do so as early in the court process as possible.

“An early guilty plea by an accused person allows victims to find closure sooner, and spares victims and witnesses the need to prepare for a trial and to testify in court. It also allows for a faster resolution of cases,” it explained.

The panel said the guidelines will help accused persons in making decisions, and lawyers in advising their clients, and also serve as a reference point for judges in passing sentences.

The guidelines are not binding on the courts, and judges may decide not to apply them in specific cases, such as where it would be contrary to public interest to do so.

The panel noted that the guidelines are not intended to result in reductions in sentences over and above the existing judicial guidelines or precedents; sentences also cannot be reduced below any prescribed minimum sentence.

Other jurisdictions, such as Britain and Australia, also have similar guidelines.

Criminal lawyer Sunil Sudheesan, who is a member of the panel, said it is established that an earlier plea of guilt results in a better sentencing outcome.

He added that the guidelines essentially codify the current practice, with fixed timeframes for certainty.

“This will hopefully push accused persons to get proper legal advice early,” added Mr Sudheesan, who heads the criminal department at law firm Quahe Woo & Palmer.

Assistant Professor Benny Tan of the National University of Singapore law faculty said the guidelines can help the Singapore courts achieve greater consistency in how weight is accorded to a guilty plea as a mitigating factor.

Prof Tan, whose research focus includes sentencing issues, said the guidelines are not intended to encourage accused persons to plead guilty, but to encourage those who have already decided to plead guilty to do so as early as possible.

“England and Wales introduced a similar set of guidelines a few years ago. Based on research done over there, it appears that their guidelines did not end up encouraging more accused persons to plead guilty,” he said.

The guidelines can be accessed at:

https://www.sentencingpanel.gov.sg/resources/guidelines/guilty-pleas