K Shanmugam on Criminal Procedure (Miscellaneous Amendments) Bill
A new type of sentence that the courts can impose to ensure that offenders who continue to pose a real danger to others are not released - this Sentence for Enhanced Public Protection (SEPP) was put up for debate in Parliament on Monday (Feb 5) by Law Minister K Shanmugam. He said Singapore “really ought to deal better” with cases of serious violent or sexual offences, where perpetrators re-offend - sometimes very shortly after they are released from prison. He cited and handed out examples of such cases from Singapore and abroad, noting that they represented patterns of serious abuse. Under the proposal, the court will specify a minimum term of imprisonment which will be subject to review at the end. If the offender is assessed to still pose a risk to others, he can continue to be kept in custody. If he is released, conditions can be imposed such as mandatory counselling, electronic monitoring or curfews. Mr Shanmugam said the SEPP will hopefully promote rehabilitation as offenders will have a very strong incentive to take rehabilitation seriously in the first period of sentencing. He said the SEPP will also allow for a more calibrated approach to sentencing. It could even result in judges imposing shorter sentences upfront as they will be assured that those are only a minimum. Offences subject to the SEPP will be set out in a new schedule and include culpable homicide, attempted murder, rape and sexual penetration of minors. Mr Shanmugam also highlighted proposed changes involving Forensic Medical Examinations (FMEs), which he said have become very important for getting evidence in offences like rape and sexual assault. Police will be able to compel suspects to undergo FMEs even if they do not consent, with “reasonable force” allowed if the FME does not involve intimate body parts or invasive procedures. It will be an offence for an accused person to refuse an FME unless they have a reasonable excuse. The court can also “draw adverse inferences” from refusal, said Mr Shanmugam. Where victims are concerned, consent is generally required, but FMEs may still be conducted if delays will result in loss of evidence and the victim is unable to give consent within a reasonable time due to a physical or mental condition. The minister said evidence collected through FMEs can make the difference between catching a culprit and him going free to commit more offences. He noted that there will be safeguards for both suspects and victims to ensure that FMEs are conducted safely and sensitively.
A new type of sentence that the courts can impose to ensure that offenders who continue to pose a real danger to others are not released - this Sentence for Enhanced Public Protection (SEPP) was put up for debate in Parliament on Monday (Feb 5) by Law Minister K Shanmugam. He said Singapore “really ought to deal better” with cases of serious violent or sexual offences, where perpetrators re-offend - sometimes very shortly after they are released from prison. He cited and handed out examples of such cases from Singapore and abroad, noting that they represented patterns of serious abuse. Under the proposal, the court will specify a minimum term of imprisonment which will be subject to review at the end. If the offender is assessed to still pose a risk to others, he can continue to be kept in custody. If he is released, conditions can be imposed such as mandatory counselling, electronic monitoring or curfews. Mr Shanmugam said the SEPP will hopefully promote rehabilitation as offenders will have a very strong incentive to take rehabilitation seriously in the first period of sentencing. He said the SEPP will also allow for a more calibrated approach to sentencing. It could even result in judges imposing shorter sentences upfront as they will be assured that those are only a minimum. Offences subject to the SEPP will be set out in a new schedule and include culpable homicide, attempted murder, rape and sexual penetration of minors. Mr Shanmugam also highlighted proposed changes involving Forensic Medical Examinations (FMEs), which he said have become very important for getting evidence in offences like rape and sexual assault. Police will be able to compel suspects to undergo FMEs even if they do not consent, with “reasonable force” allowed if the FME does not involve intimate body parts or invasive procedures. It will be an offence for an accused person to refuse an FME unless they have a reasonable excuse. The court can also “draw adverse inferences” from refusal, said Mr Shanmugam. Where victims are concerned, consent is generally required, but FMEs may still be conducted if delays will result in loss of evidence and the victim is unable to give consent within a reasonable time due to a physical or mental condition. The minister said evidence collected through FMEs can make the difference between catching a culprit and him going free to commit more offences. He noted that there will be safeguards for both suspects and victims to ensure that FMEs are conducted safely and sensitively.
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