Courts to let some petty criminals seek treatment before sentencing
Chief Justice Sundaresh Menon. TODAY file photo
SINGAPORE — To save petty criminals from getting sucked into a life of crime because of alcohol or addiction problems, the courts will allow them to seek help in shedding their vice, which could see them handed a lighter sentence if they show good progress.
This new sentencing protocol was announced by Chief Justice Sundaresh Menon at the State Courts’ annual workplan seminar on Friday (March 4), where he noted that a fair proportion of petty thefts, public order offences and other minor offences involving less serious violence and threats that arise from alcohol or addiction issues.
“Where the underlying addictions or behavioural issues are not specifically addressed, they tend to persist and result in recurring offending behaviour despite prosecution, convictions and even occasionally imprisonment,” he said.
For those locked in such a cycle of re-offending, another term of imprisonment may not necessarily “hold the key to breaking that sad cycle”, he added. Probation orders and community-based sentencing options may not always be appropriate or available due to the offender’s prior antecedents or the nature of the charge, he noted.
This new measure, expected to be implemented sometime between April and June this year, is available to first-time or repeat offenders, provided they do not claim trial to their offence and show the will to kick their addiction.
If the judge deems the offender suitable for the new protocol after hearing his mitigation plea, the case is sent for in-depth assessment by the Community Court Secretariat, which consists of court psychologists and social workers.
The offender can then be ordered to undergo treatment, receive counselling and take medication for up to six months. They can also sign up for residential or structured addiction rehabilitation programmes offered by voluntary welfare organisations (VWOs). During this time, the Secretariat will periodically check on the offender’s progress.
The offender will return to court thereafter, where the judge will take into consideration his progress in treating his addiction problems before meting out a sentence. An offender who has shown good progress in dealing with the problem could be let off with a conditional discharge that he stays crime-free for a year.
For a start, the Singapore After-Care Association will work with the State Courts on this scheme. The association will provide case management services such as counselling, befriending, and monitoring the offender’s compliance with court directions. Other VWOs may be roped in subsequently.
Where appropriate, post-sentence monitoring will also be imposed to ensure offenders stay focused on dealing with the problems behind their offending behaviour. This will be handled by the Progress Accountability Court.
Criminal lawyers interviewed welcomed the new approach.
Mr Shashi Nathan said it gives the courts time and latitude to see if there can be alternative sentencing or resolutions for every accused person.
Mr Kalidass Murugaiyan noted that the courts already consider an offender’s own efforts to seek treatment or rehabilitation when it comes to sentencing. The new protocol is another step to address the “root of (an offender’s) problems”, he added.
While he had hoped that the courts would consider suspended sentencing, Mr Sunil Sudheesan said the new protocol will nevertheless be useful in giving offenders a chance to prove to the courts that they deserve a better sentence. “More often than not, we ignore the root causes and we look at (the) consequences of the offending ... This new measure will give additional focus (and) weight to why people commit certain petty offences,” he added.
In his keynote address at the workplan seminar on Friday, Chief Justice Menon also said he had previously spoken about how the courts “cannot just carry on with their business as usual” and ignoring the changing realities affecting them.
The courts need to be “keenly attuned to the changes in the profile of the disputes that come before us, the demographics and expectations of our court users, as well as other financial, social, technological and environmental factors that may impact the way in which we go about dispensing justice,” he added.
Among other plans announced on Friday, civil district courts will be allowed to handle cases involving larger sums starting early next year. For a start, the ceiling for personal injury and property damage claims that can be heard by the courts will be raised, although the exact figure is still being worked out. The monetary jurisdictional limit for civil district courts was raised to the current S$250,000 more than 18 years ago.
