Explainer: What is reformative training, and why is it used in wide range of cases in Singapore?
SINGAPORE — Recent cases of young offenders being sentenced to reformative training for crimes ranging from rape to selling e-cigarettes have led some to wonder why such varied offences can fall under this rehabilitative regime.
On Monday (Jan 22), a 19-year-old, who was 16 when he raped a 14-year-old schoolmate, was given such a sentence for a minimum of one year.
Then, on Tuesday, an 18-year-old who advertised the sexual services of two underage girls on Telegram was sentenced to at least six months of reformative training.
And then on Friday, a teenager who helped sell electronic cigarettes to his friends, among other offences such as rioting, was sentenced to a minimum of 12 months’ reformative training.
In light of these cases, some have also wondered what is the difference between this regime and a normal jail term, and what kind of offenders are eligible for the regime.
Some have also questioned whether apparently more severe cases such as rape should even be considered under reformative training, given that prison time appears to come with more punitive options, such as caning.
TODAY speaks to legal experts to find out what reformative training is, and how it is implemented.
WHO USUALLY GETS SENTENCED UNDER REFORMATIVE TRAINING?
Associate Professor Mervyn Cheong, from the National University of Singapore (NUS) and law firm Advocatus Law LLP, said that reformative training is available to offenders aged between 16 and 21.
However, the sentencing regime can also apply to some people aged 14 or 15 if that young offender had previously been ordered to be sent to a juvenile rehabilitation centre, he added.
Still, not all young offenders are sentenced to reformative training.
Mr Alexander Woon, a law lecturer at the Singapore University of Social Sciences, said that rehabilitation is the focus of reformative training, and that young offenders fall under the regime as rehabilitation also happens to be the “primary sentencing objective for young offenders”
However, this general rule of thumb is “not inviolable”.
“It may be displaced in certain cases where a young offender shows zero capacity for reform or where other sentencing objectives might take precedence, for example, where the offence committed is extremely heinous and the harm caused is very high,” Mr Woon, who practises law at RHTLaw Asia, said.
WHAT HAPPENS DURING REFORMATIVE TRAINING?
On the website of the Singapore Prison Service (SPS), it states that the reformative training regime was established here in 1957 with the emphasis on rehabilitating young offenders.
It states that reformative training involves “a programme of activities which will help young offenders to review their past behaviour and encourage the development of more responsible lifestyles in preparation for their return to community”.
Reformative training has two phases: A residential phase at a training centre of up to 36 months, and a statutory supervision phase of up to 54 months from the date of sentencing.
During the residential phase, lasting at least six or 12 months, offenders may undergo a psychology-based correctional programme, educational programmes, employability skills training and personal development programmes, depending on the rehabilitation needs identified, SPS said on its website.
After serving the minimum period of detention and completing the required rehabilitation programmes, offenders will be reviewed by a committee to determine their suitability for release under a supervision order.
The detention period can be extended to up to 54 months should the committee deem the offender unsuitable for release, Assoc Prof Cheong said.
This is higher than the usual limit of 36 months, and is usually for cases who breach certain orders while on the supervision phase.
During the supervision phase, SPS staff members will be assigned to the offender to provide intervention and guidance for their reintegration to the community. He will also undergo electronic tagging.
Offenders may also be required to comply with certain orders such as providing hair and urine samples for testing, and staying indoors at home as required.
Should the offender contravene with the requirements of the supervision, he or she may be recalled to the reformative training centre for “key reintegration issues to be addressed” before being placed on community supervision again, SPS said on its website.
HOW IS REFORMATIVE TRAINING DIFFERENT FROM JAIL TIME AND OTHER FORMS OF DETENTION?
Lawyers said that the key difference between reformative training and imprisonment is that reformative training has a stronger focus on rehabilitation.
“Imprisonment is meant to punish an offender, whereas the primary purpose of reformative training is to reform the offender and reintegrate him into society as quickly and smoothly as possible,” Mr Woon said.
“That does not mean that imprisonment has zero rehabilitative value, just that the focus is different.”
Agreeing, Assoc Prof Cheong said that reformative training is different from “normal jail time" as there are more activities that focus on “getting the young offender to reflect on his actions and become a better person”.
He also noted that the reformative training sentence cannot be backdated to the date of the offender’s remand, unlike a prison sentence.
This is because backdating the sentence shortens the time spent by the offender in prescribed rehabilitation programmes, reducing their effectiveness.
Mr Woon added that reformative training is among a spectrum of sentencing options for offenders.
At the lowest end, the court may impose probation on a young offender, where offenders will be supervised by a probation officer for between six months and three years.
One step up from probation are community sentences, such as day reporting orders, community work or service orders, or a short detention orders. These community sentences, when completed, do not lead to a permanent criminal record, Mr Woon said.
“Reformative training can be thought of as one step above a community sentence — its purpose is still rehabilitative but it is a longer sentence that is administered in a controlled environment,” he said. And unlike community sentences, reformative training will result in a criminal record.
Then, the most serious form of rehabilitative sentence is corrective training, which is generally for mature offenders and involves a minimum term of five years.
WHY ARE THERE SUCH A WIDE RANGE OF CASES CONSIDERED UNDER REFORMATIVE TRAINING?
Some have questioned whether apparently more severe cases involving rape should be considered under reformative training, given that prison time appears to come with more punitive options, such as caning.
Lawyers said that it is a misconception that reformative training is more lenient than time in prison.
“In my experience, in many cases, the accused would rather get imprisonment than go to reformative training,” Mr Woon said.
“This is because imprisonment, depending on the offence, may not have a minimum duration, whereas reformative training always has a minimum duration of six or 12 months.”
For instance, many offenders would much rather get a two-week jail term than six months in reformative training, he said.
Ultimately, the purpose of reformative training is not for a specific kind of crime, but to ensure that those who commit the crimes have a chance to be rehabilitated.
“I think the wide range of offences involved, where reformative training is imposed, is because where rehabilitation is the predominant sentencing consideration, much of the focus is on the offender,” Assoc Prof Cheong said.
“As a result, because people can have very vastly different home environments, temperaments, outlooks, and motivations, this also means that reformative training ends up being applicable to a wide range of offences, so long as rehabilitation remains the predominant sentencing consideration.”
Agreeing, Mr Woon said that the ultimate purpose of criminal law is to keep people safe, be it through punitive measures or rehabilitation.
“If putting someone in reformative training is more likely to turn them into a productive member of society, then it is a far better option than imprisonment, where they may meet and mix with hardcore offenders who might tempt them into committing further crimes after release,” he said.
