111TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS

THE ROLE OF POLICE, PROSECUTION AND THE JUDICIARY IN THE CHANGING SOCIETY - THE APPROACH

Judge Suriakumari Sidambaram*

I. INTRODUCTION and adjudication authorities in all countries. Singapore prevents and controls We live in a world of constant change. through two essential means : Trade and technology interact to accelerate the rate of change. Science and technology a. a body of penal legislation which of today may become history tomorrow, prescribes which acts (and omissions) while the knowledge and skills we acquire constitute , the procedure by now may fast become obsolete. As a result, which suspected offenders may be the current operations in an ever-changing apprehended and brought to justice, environment are constantly faced with new and the forms of punishment which challenges. With the arrival of the may be imposed on proven offenders; information age, complex crimes such as and computer crimes, phone cloning and other b. criminal justice system which high-technology crimes have emerged. administers and enforces this White collar crimes consequently increase. legislation, seeking to ensure its Constant training and upgrading to tie in compliance. This system includes the with the overall social and economic public prosecutor, the police (and other advancement is the only way to adapt to law enforcement agencies), the changes very quickly. judiciary and the prisons (and other correctional apparatus). Singapore has been transformed from a poor Third World city, to a highly The aim of the Singapore criminal justice industrialized economy within a short system is to reduce crime and encourage thirty year span. Coupled with better respect for and compliance with the education and increasing influence, criminal law through three basic now expect a high standard approaches, namely, individual prevention, of service quality and efficiency in their general prevention and incapacitation. daily transactions with the public service. They have clear expectations that public The crime rate in Singapore fell for the officers will act correctly, decisively and ninth consecutive year in 1997. Crime with confidence. statistics for the period January - December 1998 indicate a slight increase Crime prevention and rehabilitation of in the overall crime rate. Seizable offences, criminals are two problems every society, however, decreased in the fourth quarter including Singapore, has to contend with. compared to the third quarter. It has Although the nature of crimes and approach however been pointed out that the slight to treatment of criminals may vary from increase should be viewed against the country to country, the urgency of preventing steady decrease of crime rates over the last crime and effectively rehabilitating nine consecutive years and against the criminals are common to law enforcement intensified and effective enforcement action * District Judge, Subordinate Courts, Singapore. by the (SPF) on all

303 RESOURCE MATERIAL SERIES No. 55 fronts. Further, this slight increase could community it serves. In the light of this be likely be associated with the economic trend, efforts to contain crimes have been crisis and increasing retrenchment and stepped up. unemployment rates in Singapore. It has also been noted that the number of arrests The Singapore police are making great and cases solved had also risen, and that and tireless efforts to adapt to the changing Singapore’s crime rate still continues to be society. In addition to their duties to among the lowest in the world. The major eradicate crime in Singapore, the police proportion of crime in Singapore consists also make people realize that they are co- of housebreaking, theft of and from motor producers of public safety. The days when vehicles, snatch theft, molestation and the police were viewed as oppressors or robbery. Analysis shows that the majority persecutors are gone. Police-community of these crimes are committed in a random relationships have been enhanced through and opportunistic way. community policing. About one-third of the arrests of major crimes are made with the II. ROLE OF THE POLICE assistance of members of public. The mission of the Singapore Police A. Community Policing Force (SPF) is to uphold the law, maintain The Neighbourhood Police Posts (NPPs) order and keep the peace in Singapore by in Singapore, set up in densely populated working in partnership with the housing estates since 1983, have served community to protect life and property, round-the-clock as bases for activities of prevent crime and disorder, detect and patrol policemen and as a contact point apprehend offenders and preserve a sense between the police and the public. The aim of security in society. of the NPP system is two-fold: to improve police-community relations in Singapore, In the turbulent years of the 1950s to and to prevent and suppress crime through the early 1970s, the SPF played a critical the co-operation and support from the role in the quelling of labour, racial and community. These police officers at the political unrests that marked the era. The NPP are on constant alert to handle any SPF has built in this sense of history of emergency, thereby living up to the service and loyalty to Singapore in each and demands and expectations of local every individual officer. As such, in May residents. 1996, the Hong Kong based company, Political and Economic Risk Consultancy The NPP system has been successful and (PERC) Limited, rated Singapore as the well received by the public since its safest country in Asia. PERC attributed inception in 1983. However, under the NPP Singapore’s enviable position as “one of the system, the complainant or victim of crime few cities in the world where it is possible who comes to the police has to be referred for foreigners and locals alike to walk just from one party to another. He or she about anywhere, at any time of the day or sometimes may have to repeat his or her night, with little fear of being mugged by story to 4 different groups of officers, for gangsters”, to “a professional and well-paid instance, the officers who first respond to police force”. It attributed the political the case; the officers who guard the scene; stability, high economic growth and the officers who collate the evidence, and affluence of Singapore in no small part to the investigatorial officers who conduct the a competent and impartial police force investigation. The system therefore has which has the full confidence of the some drawbacks in that the best use is not

304 111TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS made of the NPP officers and the strength mobilize the community to take on greater of their local knowledge. The police have responsibility and leadership to ensure its therefore come up with the revamped own safety and security. The formation on Neighbourhood Police Centre (NPC) 27 April 1997 of Neighbourhood Watch system where the officers will be rotated Zones (NWZs), a volunteer citizen among a wider and more challenging range organization formed by local residents for of duties, with increased pro-active promoting crime prevention activities in functions, so that the process is integrated the neighbourhood, is a big step towards into a single service delivery process. Each this aim. It is intended that with the NWZs NPC will have about 100 to 150 police and the new NPC system, the community- officers and will be in charge of 3 to 4 NPPs. police bond will be further strengthened. Eventually, by June 200l, 32 NPCs will be set up island-wide. Each NPC will be The police and the community, including responsible for about 10,000 residents. the NWZs, therefore have strived to provide total solutions to root problems by With this change, the new NPC will working closely in the joint planning and become a one-stop total policing centre, creation of Community Focus Plans carrying out the full range of front-line (CFPs). The CFPs outline the joint policing duties and providing quality one- initiatives, programmes and projects which stop service for the public. Among other will re-focus the police efforts to address things, officers from an NPC will man the specific safety and security needs of the counters at the NPPs, conduct patrols, community, and to nurture a strong bond respond to calls of distress, investigate between the police and the community. crime, and make house visits. Grassroots liaison meetings are now characterised by open dialogue and The NPC system will also optimize the discussion as opposed to the traditional value contributed by police officers and reporting of cases. One of the steps places a lot of emphasis on proactive involved in the creation of the CFPs is community policing. NPPOs will no longer profiling the community’s characteristics, perform mundane tasks. Instead, they will and this is where their extensive network now be totally responsible for the safety in the neighbourhood can be fully utilized. and security of the neighbourhoods that Being leaders, the NWZs can mobilize they are in charge of. The NPCO is residents to take part in activities and required to conduct an on-scene programmes recommended in the CFP. investigation for all cases he or she attends to. This reduces the time spent by the Singapore also has a Voluntary Special complainant at the scene, thus minimizing Constabulary (VSC) with part-time the trauma the complainant has to endure. volunteer police officers who hold full-time The NPCO is competent in his/her job jobs in other fields. The VSC officers often through comprehensive training, and many carry out patrols independently or in of the NPC work processes are IT- partnership with their counterparts in the supported to provide the NPCOs with up- regular and national service components. to-date information so as to enable them They execute their duties with a high level to carry out their tasks more efficiently. of professionalism, discipline and enthusiasm. Under the NPC system, the challenge is to work hand-in-hand with the grass-roots B. Juvenile Delinquencv leaders and other voluntary agencies, to One of the challenges facing Singapore

305 RESOURCE MATERIAL SERIES No. 55 is the rise in juvenile delinquency. The students, parents and teachers on police police hold frequent talks to students in matters. This has resulted in Hon VSCs schools and to juvenile delinquents in the commanding greater respect and thus courts regarding crime prevention, secret being able to perform their disciplinary role society activities, drug prevention and more effectively. The Hon VSCs also problems of juvenile delinquency. In order received better support from the NPPs such to help schools counter juvenile as in increased patrols around the school delinquency, the latest innovative measure after school hours. It is expected that by taken by the SPF is the appointment of the year 2000, this scheme will be extended selected secondary school teachers as with two Hon VSCs in each of the 147 Honorary Volunteer Special Constabulary Secondary schools and 11 institutes of (VSC) officers. This is a system where some technical . of the teachers in each school are given enhanced authority in their management C. Social Services of student behaviour, especially with The Singapore police have been regard to serious disciplinary cases. This providing the public with many kinds of scheme was launched on 16 July 1997. services which are of benefit to the These “Hon VSCs”, trained by the police, community in making and keeping good wear police uniforms and exercise certain relationship between the public and the police powers, such as powers of arrest. police. The “999” call is one of the most The teachers, who are also the Discipline important facilities of the police social Masters/Mistresses or National Police service. It is very useful for the detection Cadet Corp instructors of their respective of crime, as well as for the quick prevention schools, attend a 2-week course where they of crime. The police also give the public are taught elementary law and defence the opportunity to see what the police are tactics, the way to fill out police reports, doing by organizing public exhibitions on call for backup (via PR sets), make arrests crime prevention and distributing leaflets and organise crime prevention talks. In which give local residents very useful addition to being advisors and liaison information on crime preventive measures officers between the school and the police, and the services provided by the NPP. they are also advisors on all police matters in the schools. The police are also engaged in social service work such as handling reports on The Ministry of Education conducted a lost and found articles, dealing with survey on the scheme after 51/2 months grievances and troubles of the local which showed some very positive results. residents and running the Boys Club, The presence of police authority had where activities (including sports) are deterred both recalcitrant and potential conducted for the youth. The police also offenders from committing crimes in and disseminate information on crimes and around the school compound. The students seek the assistance of the public to solve were aware of the presence of police these crimes through the media of the local authority and tended to behave better. newspapers as well as the production of a They were also aware that any breach of local television programme, Crime Watch. the law could result in immediate action The police also provide such information from the Hon VSCs. The Hon VSCs were via the at parents and unsavoury strangers. They also displayed more confidence in advising The SPF also places great emphasis on

306 111TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS victims by providing necessary Many of the illegal workers and psychological support and care. It overstayers have also contributed to the collaborates with voluntary welfare rise in foreigner crimes. An area of concern organizations such as the Samaritans of highlighted by the police is where foreign Singapore (SOS), Pertapis Home, criminals, who targeted affluent Marymount Centre, Singapore Council of Singaporeans, would commit crimes and Women’s Organizations (SCWO) and the flee the island immediately after, Association of Women for Action and frustrating police attempts to capture Research (AWARE). them. The police have also stepped up operations against illegal immigrants. 1. Foreigners Careful panning and swift action by the Foreigners joining the Singapore police have resulted in highly successful workforce often arrive with little or no rates of arrests. Those found without valid crime prevention knowledge, creating identification papers are cuffed and opportunities for crime to take place. For brought back to the station. Those unable example, some foreign nationals working to prove lawful entry and stay in Singapore in Singapore are known to have left their are appropriately punished and front doors, grille gates and windows open repatriated. Harbourers and employers of at times when most Singaporeans would illegal immigrants and overstayers, as well have had them locked. The NPP therefore as those who facilitate or encourage these decided to make its foreign worker immigrants to enter and unlawfully remain community more aware of the need for in Singapore, are swiftly dealt with and sensible crime prevention measures, for upon their conviction, deterrent sentences them to work peacefully in Singapore. are handed down to them. House visits were maintained to project police presence, convey a sense of security Preventive measures such as frequent to the residents, deter potential criminals patrols of our territorial waters to intercept and also to enhance crime prevention illegal entry into Singapore and spot awareness among locals and foreigners. checks, gathering intelligence, Crime prevention talks were organized for investigating and prosecuting offenders are the foreign workers and newsletters were some of the ways these criminals could be displayed at both their factory premises prevented from operating. Stronger and on the notice boards of their apartment international ties and collaboration with blocks. neighbouring countries are also required in order to track down and arrest such On the other hand, although the vast cross-border criminals and to solve crimes majority of foreign workers in Singapore committed by foreign nationals. try to make an honest living, there are also those who seem to think that a life of crime D. Case Management is more profitable. Illegal immigration also The emphasis of the SPF has shifted continues to pose a threat to the security from individual investigation to team- and social stability of Singapore. Lured by based investigation and case management. higher wages in Singapore, and affected by Police officers can thus look forward to a the deteriorating economic conditions in more supportive working environment, the region, many foreigners will continue besides benefiting from the cumulative to enter Singapore illegally, or enter legally knowledge and experience of the team. A and subsequently overstay. new specialist CID unit, the Rape Investigation Squad, was launched in

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September 1997. As part of the Major evidence of the murder to disappear in Crime Division of CID, the formation of the various ways, was swiftly brought to justice Rape Investigation Squad has resulted in and sentenced to 6 years imprisonment. all rape investigations being centralized at CID. This move is aimed at providing The Singapore Police Force has proven greater convenience and better service to its mettle by providing incident-free the public, by having better-trained officers security for international events such as more sensitive to the trauma of rape the WTO Conference in 1996. Regionally, victims and a more conducive environment the SPF has taken the lead to enhance to interview rape victims. Another new inter-police co-operation among the specialist CID unit launched in January ASEAN countries. Internationally, the 1997 was the Computer Crime Branch, SPF men in blue have taken part in officially under the Commercial Crime overseas United Nations peacekeeping Branch of the CID. It is responsible for missions, such as policing the former initiating computer crime and major killing fields of Cambodia and ensuring fair telecommunications fraud investigations. elections at Namibia. The key factors for Officers of the branch are also trained to the SPF’s success are enhancing conduct computer forensic examinations, investigative and crime-solving ability, in order to retrieve evidence contained in community policing and the developing of computers, to support the prosecution of a problem-solving approach; manpower offenders in police investigations. To-date, planning and development; discipline, the Computer Crime Branch has handled professionalism and rigorous training to cases of hacking, unauthorized access/ maximize the full potential of the officers. modification of computer materials, computer fraud and pager/handphone F. Technological Improvements cloning. With the introduction of the NPC, selected NPPs will be closed during certain E. Dedicated Service hours of the day where the demand for The Singapore police force also has police services are low (eg. 11 pm to 8 am). dedicated police officers who are willing to The public will however continue to receive make personal sacrifices to solve crimes in essential services and police assistance Singapore. A recent example is the case of through the use of information technology murder of a Bulgarian, Iordanka from a “Virtual Cop”. By leveraging on Apostolova, whose bloated body was technology, the police have developed the discovered in a canal in Tanah Merah on Emergency Communication (EC) System 12 January 1998. With the full attention and Police Kiosks to ensure that no cry for of a group of CID officers to the case, help will go unheard. A console called the catching little sleep during the period, they EC is situated in a conspicuous, brightly managed to solve the case within just 36 lit spot outside each NPP which other hours of discovery of the body. The case passers-by can clearly see. A touch of a was brought to trial and the murderers button puts the complainant in touch with were sentenced to death on 14 August 1998. an officer in an NPC. The console allows The accused appealed but the appeal was two-way interaction so the officer can dismissed by the Court of Appeal on 11 quickly advise you on what to do while the January 1999, just a year from the day the nearest patrol officers are informed of the victim was killed. On 30 January 1999, complainant’s location and problem. The an abettor in the murder, the wife of one of officer at the other end is even able to the accused who helped to cause the activate flashing emergency lights around

308 111TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS the complainant (for instance where the police reports and automatically generate complainant is being pursued) as well as a report numbers. They can capture digital loud alarm to draw the attention of passers- signatures, fingerprints and photographs, by and to deter the pursuer from further and store and retrieve all captured action. The EC is easy to use, and a simple information. Above all, the system allows instruction panel in all four official the user to hold a video conference with an ensures that the officer at the NPC if s/he chooses to report instructions will be clear to most people. the incident or cases, as in a “999” call. The console is designed to be vandal proof, and installed at a height to prevent misuse The police have made successful use of by young children. The NPC officer new technology in their sophisticated deactivates the EC when the NPP is open. Computerized Investigation Management System (CRIMES) - an electronic IP system To prevent the significant reduction of going the way of a paperless work the service level of the NPPs when they are environment. Following the success of the closed, the police have developed the Police pilot implementaton, the system was Kiosk. These kiosks have video implemented Force-wide on 1 July 1997. conferencing capabilities and are linked to a manned service point. If the physical The SPF introduced the Case Property presence of a police officer is required, an System (CASPROS) which aims to replace officer from the patrol team will be the manual system for tracking case dispatched to attend to the caller. Even exhibits and found property, which is based when the NPPs are closed, members of the on register books. CASPROS would be set public will still have access to police up for the various divisional headquarters services via the video conferencing kiosks. and will provide an electronic database to These police kiosks will provide facilities monitor case exhibits and found property, such as enquiry services for members of the in order for all divisional headquarters to public who wish to inquire on police-related share this information, so that a better procedures and policies. With the touch- service can be provided to members of the screen capability of the kiosks, the public public in locating their lost items. will be able to obtain directory services such as legal services and counselling The Automated Vehicle Screening services, locality maps to show the nearest System (AVSS) and the Optical Character NPP and information on operating hours. Recognition (OCR) System were The kiosks will also provide advice and implemented at Singapore’s Second link answer queries on police procedures and with West Malaysia. These two systems matters. The user will also be able to hold greatly enhance the capability of the SPF video conferences with the officer at the to detect vehicles wanted for HDB/URA NPC if s/he needs further clarification or summonses, road traffic offences, and other additional information that is not provided criminal cases. by the kiosk. In January 1998, the SPF commissioned Besides enquiry services, the kiosks also the first computerized ticketing system, the provide reporting services. Members of the Singapore On-The-Spot-Ticketing System public can lodge police reports on crime, (SPOTS) for the Traffic Police, and thereby routine cases and traffic accidents without, displaced the manual issue of summonses. the physical presence of a police officer. The This greatly minimizes the data entry kiosks can provide computerized lodging of errors in the Traffic Computer System due

309 RESOURCE MATERIAL SERIES No. 55 to illegible handwriting on the summons of patrol vessels to meet new challenges forms and also increases the efficiency of and to respond to the changing the Traffic Police Department. circumstances. It has acquired a fleet of 18 high speed patrol boats and 2 command The SPF Intranet launched in October boats at a total cost of $58 million to 1997 provides an essential boost to the apprehend and deter sea robbers, illegal internal communications efforts of the immigrants and smugglers. These patrol police. Not only does the Intranet provide vessels are propelled by water jets which officers with up-to-date information and are well-known for their propulsion power knowledge, it also serves as a depository and low noise and less prone to damage by of crucial information and best practices, submerged objects as compared to making it an invaluable leaning tool. conventional propellers. Apart from their high speed capabilities, these boats also G. Other Improvements come equipped with the latest technology In 1998, SPF procured a fleet of new such as the Integrated Command, Control generation riot control vehicles comprising and Surveillance (C2S) System and the of two new command vehicles and seven Navigational, Communication and new riot buses for the Special Operations computerized Engine Monitoring Control Command. These new vehicles are System. These new boats, which replace improved versions of the current vehicles. the PX class boats that were commissioned Painted an aggressive red, and with their in the early 1980s, will enhance the Police windows protected with wire mesh, these Coast Guard’s ability to fight crime in vehicles arriving at a riot scene Singapore waters, as well as help greatly automatically will instil awe in even the in search and rescue operations. most unruly mobs, and establish a psychological edge and impress on rioters Fast Response Cars (FRCs) ensure that that the police mean business. In the event the police arrive on the scene of a crime of an emergency, the command vehicle quickly in urgent cases, but like all cars, serves as the forward command post and their arrival can be delayed if they are highly trained officers can quickly plan riot caught in heavy traffic. The SPF has come control strategies using the staff-aid up with an effective solution to that provided in the vehicle, which includes contingency - Fast Response Motorcycles detailed sector maps of Singapore. The (FRMs) that can weave through traffic, and turret on top of the command vehicle in emergencies, even hop onto pavements permits trained sharpshooters to station or take short cuts through alleys and any themselves at an advantageous elevated other available routes. On 1 December position to neutralize any foreseeable 1997, this programme was launched and threats. The turret gives a better view of it was found that the response time was the riot scene, which enhances tactical faster compared to the FRCs. The FRMs decision making. The turret also carries are intended for urgent cases only and the public address system which enables deployed during peak periods and at the police troop to warn troublemakers to certain patrol sectors where traffic flow is disperse before action is taken to disperse heavy. They will conduct patrols and them. attend to urgent messages in pairs. FRM officers patrol with standard equipment The Police Coast Guard of the SPF has including bullet-proof vests, breath- also been relentless in its efforts to analyzers, fire extinguishers and first aid constantly upgrade and modernize its fleet boxes. They are not bogged down by bulky

310 111TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS equipment such as road block signs and the pitfalls of and the avoidance of shields. corruption.

III. CORRUPT PRACTICES IV. CENTRAL NARCOTICS INVESTIGATION BUREAU BUREAU It is also apt to mention here the Corrupt In 1971, the Central Narcotics Bureau Practices Investigation Bureau (CPIB), (CNB) was formed as a result of increasing which is an independent body which drug abuse among youths. The Misuse of investigates and aims to prevent corruption Drugs Act (1973) provides executive power in the public and private sectors in to detain a drug consumer for compulsory Singapore. Established in 1952, it derives treatment and rehabilitation. In 1975, an its powers of investigation from the amendment to the Misuse of Drugs Act Prevention of Corruption Act (Cap 241). provides the death penalty for trafficking The bureau is headed by a director who is of more than 15 grams of pure morphine. directly responsible to the Prime Minister. It was, however, with the mounting of Operation Ferret, on 1 April 1977, in which The CPIB is responsible for safeguarding concerted efforts were directed against the integrity of the public service and drug trafficking and consuming by the encouraging corruption-free transactions CNB, police and customs that success in the private sector. It is also charged with against the drug menace was clearly seen. the responsibility of checking on Punishment meted out for drug offences malpractices by public officers and are severe in Singapore. reporting such cases to the appropriate govemment departments and public bodies The Singapore police are empowered to for disciplinary action. Although the investigate into all kinds of criminal primary function of the Bureau is to offences, and when they complete their investigate corruption under the investigation, they are required to refer the Prevention of Corruption Act, it is offences to public prosecutors who enjoy the empowered to investigate any other exclusive right to prosecute offenders. On seizable offence under any written law 12 April 1997, the Attorney General of which is disclosed in the course of a Singapore, Mr Chan Sek Keong, during the corruption investigation. opening of the newly renovated office of the Senior DPP Courts, paid tribute to police Besides bringing corruption offenders to officers whose good investigative work had book, the Bureau carries out corruption led to successful prosecution. The efficiency prevention by reviewing the work methods and effectiveness of the police in criminal and procedures of corruption - prone trials are reflected specifically in the departments and public bodies to identify number of convictions obtained from guilty administrative weaknesses in the existing pleas or trials, and generally in the systems which could facilitate corruption prevailing low crime rate. and malpractice, and recommends remedial and preventative measure to the V. ROLE OF THE PROSECUTOR heads of the departments concerned. Also The control and direction of most in this regard, officers of the bureau criminal prosecutions and proceedings in regularly conduct lectures and seminars to Singapore rests with the Attorney-General educate public officers, especially those as the Public Prosecutor (Section 336 of the who come into contact with the public, on Singapore Criminal Procedure Code). His

311 RESOURCE MATERIAL SERIES No. 55 power, exercisable at his discretion, “to (Confiscation of Benefits) Act, and other institute, conduct or discontinue roceedings offences disclosed in the course of for any offence”, has been given investigation. constitutional status by Article 35(8) of the Singapore Constitution. The Attorney The role of the public prosecutor in crime General is independent in this role, and not prevention and control must therefore be subject to the control of the government. viewed within the context of this criminal He is assisted by Deputy Public justice system, to be as follows: Prosecutors (DPPs) who conduct prosecutions in Subordinate and High A . The discretion to Prosecute or Court trials, and Magistrate’s and Criminal Not Appeals, as well as appear in the Coroner’s The Constitution of the Republic of Court and at Preliminary Inquiries. The Singapore vests in the Attorney-General Crime Division delegates certain matters, the “powers, exercisable at his discretion, such as criminal trials in the Magistrate to institute, conduct or discontinue any Courts, to the Police Prosecution Branch proceedings for any offence’’ [Article 35(8)]. (PPB). Although not administratively part Section 336(1) of the Criminal Procedure of the Crime Division, the PPB is Code (Cap 68) states that “the Attorney- functionally linked to the Crime Division. General shall be the public prosecutor and shall have the control and direction of all The DPPs work includes prosecuting prosecutions and proceedings under this criminal matters in the courts, directing Code.” law enforcement agencies in their investigations, evaluating and giving B. Advising the Police directions on their investigation papers The police and other law enforcement from the police and other enforcement agencies responsible for investigating agencies, replying to representations from crimes refer their cases whenever accused persons, giving advice on criminal necessary and practicable to the public justice matters to other departments and prosecutor and DPPs for their instruction agencies, and processing applications for as whether to charge and, if so, under private prosecution. which provision of the law the charge should be made. The police are also advised In addition, the Commercial Affairs on matters concerning their investigation, Department (CAD) was established in 1984 to ensure that procedures set by the law under the Ministry of Finance (Revenue are properly followed. Where the need Division) to combat complex commercial arises, suitable instructions and guidelines fraud and white collar crimes in Singapore. are also issued by the DPPs to the police in DPPs in CAD carry out the role of the regard to particular types of offences. public prosecutor in respect of matters dealt with by CAD. The work of the CAD C. Bail Applications includes investigating and prosecuting The objective of bail is to secure the commercial offences under the Securities accused person’s attendance at court Industry Act, the Companies Act, proceedings, and at the same time, to set particularly in relation to financial them at liberty before the trial or appeal. institutions and providing advice on inter- It is often a difficult question whether bail agency projects, making applications for should be allowed. The prosecution takes the production, confiscation and restraint a stand in each case where the accused orders under the Drug Trafficking person applies to the court for bail, whether

312 111TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS before trial or pending appeal, opposing generally results in a more severe sentence, such applications or agreeing to them and a reduced charge in a lesser one. In (subject to a suitable quantum of bail being the case of an offender facing multiple offered), according to the facts of the charges, the DPPs may also decide to particular case and to the legal provisions proceed on only one count or a number of and principles that govern bail. counts, applying to the court either to take into consideration, for the purposes of D. Trials sentencing the remainder of the charges Prosecution in court is a crucial stage of or to withdraw them. In cases where the bringing an offender to justice, for it is at accused person pleads guilty, the gravity the trial that the evidence relevant to the of the offence (as reflected in the alleged offence is presented and tested, that prosecution’s statement of facts) the charge must be proved and, if proved, constitutes a factor in the sentencing the sentence pronounced. Singapore process. adheres to the principle that every person is presumed innocent until proven guilty, F. Appeals and the onus is on the prosecution to prove The prosecution process does not always the charge beyond a reasonable doubt. end with the conclusion of a trial, for an appeal to a higher court may be lodged The public prosecutor and the DPP against the decision of the trial court. In conduct all criminal prosecutions before the Singapore, the prosecution has the right High Court. The DPPs also conduct a to appeal against an order of acquittal, just number of criminal prosecutions before the as the defence has the right to appeal Subordinate Courts, which includes against a conviction. Both sides may also prosecutions for offences under the Penal appeal against the sentence imposed. Code, the Prevention of Corruption Act (Cap 241) and various commercial and Appeals from decisions of the financial crimes. A majority of Subordinate Subordinate Courts, or “Magistrate’s Court prosecutions, however, are Appeals”, are heard by the High Court undertaken by the police and government exercising its appellate jurisdiction. Under departments. The DPP’s role here is to Section 60(1) of the Supreme Court of direct and advise these prosecutors. Judicature Act (Cap 322), where in the course of such an appeal any question of E. Sentencing law of public interest arises, any party may Before sentence is passed on a particular apply to the court for the question to be offender, the defence mitigates on their reserved for the decision of the Court of behalf. The prosecution, in suitable cases, Criminal Appeal. Where the public also addresses the court on sentence. This prosecutor so applies, such an application occurs when, in the prosecution’s opinion, shall be granted. Appeals from decisions a deterrent sentence is necessary; often of the High Court exercising its original such a deterrence is required because of jurisdiction in criminal cases are heard in the prevalence and increasing rate of the the Court of Crimninal Appeal. type of crime for which the offender has been found guilty. All appeals filed by the prosecution in the High Court or the Court of Criminal In deciding on the charge to be preferred, Appeal are argued by the DPPs. They also the DPPs also plays a role in regard to appear to respond to appeals lodged by the sentencing because a more serious charge defence. To succeed in an appeal against

313 RESOURCE MATERIAL SERIES No. 55 acquittal, the DPP bears the onerous ensures that cases on the “FAST” track are burden of persuading the appeal court that, promptly resolved. This saves time and on the basis of the evidence presented at ensures more efficient case management. the trial and on principles of law, an order of conviction should be substituted. Where A special Mentor Scheme was also s/he appeals against the sentence, the introduced to ensure closer monitoring of DPPs must establish that the sentence was junior officers, upkeeping the continuity manifestly inadequate and should be and accountability for decisions taken, and enhanced. to foster better rapport between junior and senior officers. All officers at Grade 16 or G. lnitiatives with 2 years or less legal service experience To keep apace with the fast-changing are now paired with a senior officer who world and the speedy progress of work will be responsible for ensuring their processes in the SPF and in the courts, the proper training, and will guide and Crime Division of the Attorney-General’s supervise their work. Chambers has also set up a number of Specialized Committees to respond to the Likewise, the CAD has also used IT to need for specialization in various aspects enhance efficiency. The CAD has devised of their work. Officers in these specialist an on-line procedural manual or Aide teams do in-depth research into, and serve Memoire. A database of relevant case law as core personnel, in their respective areas and legal resource materials was also of law. These committees also organize created. Further, a computerized Case visits, seminars and training sessions. Tracking System was introduced to Among these are the CyberCrime facilitate tracking of cases assigned to Committee, which comprises of officers DPPs. This enabled efficient monitoring conversant with IT and serves as the in- of the progress of the cases. The CAD also house specialist team on Computer and formed a committee to deal with matters Internet Crimes; the Extradition/Mutual relating to the security, storage and Assistance Committee, which deals with retrieval of critical operational information international co-operation over crime in its Department. In July 1997, the CAD related matters; and a Special Task Force had started an in-house, bi-monthly on Immigration to deal with the increasing publication which contain write-ups on number of illegal immigrants. legal issues, investigative procedures and reports on social welfare issues. ACES or “Advisor for Case Sentencing” was developed in 1996 with assistance from The public prosector and the DPPs the Information Technology Institute. This occupy an essential position in the criminal system was introduced to assist DPPs in justice system and actively participate in making submissions on sentences and to every stage of the criminal prosecution determine if appeals should be lodged process. Their vital role within the system where the sentences are inappropriate. serves the overall aim of controlling and The Formalized Accelerated System for reducing crime in society, and promoting Trial-or “FAST” - was also introduced. This respect for the criminal law. scheme works by identifying cases which can be dealt with expeditiously at the VI. ROLE OF THE COURTS earliest possible stage, placing them on the The judiciary is one of the three pillars “FAST” track. Co-operation between the of the State. It administers the law police and DPPs in the subordinate courts

314 111TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS independently of the executive. The perception of crime levels and the judiciary is a vital part of Singapore’s legal effectiveness of sentencing. A high 99% of and judicial system. In order to meet the respondents felt safe living in Singapore needs of the changing demographic, social, and affirmed that the judiciary has political, economic and technological contributed much to their sense of security; trends, the judiciary has engaged in future while 93% felt that sentences meted by the strategic planning for the 21st century. courts are effective as a deterrent to potential offenders. The survey also In the administration of justice, the affirmed that the Singapore judiciary courts have focused on instituting a set of meets the public’s expectations of the timeless values which include accessibility, effective administration of justice. expedition and timeliness; equality, fairness and integrity; independence and PERC is an international consulting accountability; and public trust and firm specializing in strategic business confidence. These values serve as beacons information and analysis for companies for the administration of justice in doing business in East and South East Singapore. In line with their core values, Asia. In the August 1998 issue of its the judiciary recognises the importance of fortnightly newsletter, “Asian intelligence”, obtaining feedback from the public to PERC published the findings of its recent provide relevant performance benchmarks survey of over 400 senior business for the courts’ strategic planning and policy executives on the perceived quality of key development initiatives. institutions in certain countries. Singapore was rated as having the best national Recent surveys conducted by various institutions in Asia. In the ranking of the organizations, such as the Singapore-based judiciary and the police, Singapore topped Forbes Research Pty Ltd (Forbes), the again with a score of 2.87, improving from Hong Kong-based Political and Economic 3.07 in 1997. PERC also commented that Risk Consultancy (PERC), and the “The Singapore courts are also effcient in Switzerland-based International Institute dispatching both civil and criminal cases, for Management Development (IMD), have using a legal system modeled on the British all confirmed a high level of confidence in system of justice.” the Singapore judiciary by both local and international communities. The Singapore The core of Singapore’s criminal justice judiciary has scored top marks for the fair system is its judicial system. The administration of justice and is perceived administration of justice is vested in: to contribute significantly to the public’s sense of security, and to the (i) The Supreme Court is a superior court competitiveness of the economy. of record, It consists of the the High Court; the Court of Appeal; and the The main finding of a recent survey Court of Criminal Appeal. The conducted by Forbes Research during May Honourable Chief Justice, the Judges to July 1998, covering 1,519 households, of Appeals, the Judges of the High showed that the Singapore public has full Court and the Judicial Commissioners, confidence in the fair administration of dispense and superintend the justice in Singapore. An impressive 97% administration of justice in Singapore. of survey respondents agreed strongly that The Supreme Court is supported by the the courts administer justice fairly to all. Supreme Court Registry headed by the The courts have also fared well in the public Registrar who, assisted by the Deputy,

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Senior Assistant and Assistant Deputy Registrars in the disposal of Registrars, engages in the day to day civil and criminal cases within the running of the Registry and perform jurisdiction of the subordinate courts. judicial functions such as hearings of In 1998, 53 District Judges and 14 interlocutory applications as well as Magistrates served in the subordinate administrative functions. The Justices’ courts. Some of the judicial officers Law Clerk, who works directly under concurrently hold appointments as the charge of the Chief Justice, assists Deputy Registrars, dealing with civil the judges and judicial commissioners and criminal matters in chambers; by carrying out research on the law, Coroners and Referees of Small Claims particularly for appeals before the Tribunals. Court of Appeal. The subordinate courts introduced In criminal cases, the High Court and formalized its four justice models in generally tries cases where the offences its 1997/1998 workplan, namely: are punishable with death or imprisonment for a term which exceeds 1. Criminal justice - protecting the 10 years. It also hears appeals from public the Subordinate Courts Registrars, 2. Juvenile justice - restorative Magistrates and District Judges, as justice well as the Registrars of the Supreme 3. Civil justice - effective and fair Court. Proceedings in the High Court dispute resolution are normally heard and disposed of by 4. Family justice - protecting family a single judge. The Court of Appeal is obligations the final appellate court in Singapore and the highest court in the land. The These justice models serve as Court of Appeal consists of the Chief reference points in the formulation of Justice and the Judges of Appeal. The judicial policies. Court of Appeal hears appeals from decisions of High Court in both civil and Criminal cases make up about 70% of criminal matters. the cases that are dealt with in the subordinate courts. These include cases (ii) The subordinate courts consist of commenced by the public prosecutor, cases District Courts, Magistrates Courts, prosecuted by the various government the Juvenile Court, the Coroner’s agencies, and private prosecutions. Court, the Family Court and the Small Claims Tribunal. There are presently (a) In criminal cases, the District Court 27 criminal trial courts (including the has jurisdiction to hear most offences Traffic Court) in the subordinate courts, other than those which are punishable apart from two Criminal Mentions with life imprisonment or death. In Courts, one Centralized Sentencing general, it may impose a term of Court and a Court handling imprisonment not exceeding 7 years, a Magistrates Complaints. The fine of up to $10,000, caning of up to 12 subordinate courts are headed by the strokes (for male offenders) or any Senior District Judge, and he is lawful combination of these assisted by District Judges, punishments. It may also impose Magistrates, Coroners, Small Claims probation. In cases of recalcitrant Tribunals Referees, Registrars and offenders, it may also impose

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reformative or corrective training. innovation is the use of an Automated Traffic Offence Management System (b) As compared with the District Court, a (ATOMS), which was launched on 1 Magistrate’s Court can try offences of November 1996 to enhance the a less serious nature where the efficiency and accessibility of the maximum jail sentence does not exceed subordinate courts. This system allows 3 years, or where only a fine can be first time offenders in many minor imposed. In general, it may impose traffic offences to settle traffic tickets imprisonment for a term not exceedig containing an offer of a composition fine 2 years, a fine not exceeding $2,000, at automated kiosks which are located caning of up to 6 strokes (for male throughout Singapore. In cases where offenders) or any lawful combination of the period for payment of the these punishments. It may also impose composition fine has expired, offenders probation. may now plead guilty to the offence at an ATOMS kiosk, instead of having to (c) There are currently two Criminal appear in court. ATOMS is unique in Mentions Courts, which respectively that it is the first automated payment exercise the jurisdiction of a District system in the world which allows the Court and of a Magistrate’s Court. The payment of court fines. It is unlike Criminal Mentions Courts are involved other similar systems in the United in the initial management of criminal States, such as the one in the Long cases and ensure the smooth running Beach Municipal Court which only of the criminal justice system. When handles payment of composition fines accused persons are first charged, their imposed by non-court agencies. The cases are mentioned in one of the launch of ATOMS is the actualization Criminal Mentions Courts. The of the subordinate courts’ vision of a Criminal Mentions Courts deal with a virtual courthouse. Since its launch, wide variety of applications including the service has been well received and applications for bail, remand and utilized by members of the public. adjournments. (f) The Coroner’s Court is presided over (d) If an accused person decides to plead by the State Coroner. The Coroner’s guilty, their case will be dealt with main duty is to ascertain the cause and immediately in the Criminal Mentions circumstances under which a deceased Courts. More serious cases will be sent person came to their death, in cases to the Sentencing Courts. However, if where there is reason to suspect that a the accused person claims trial, the person died in a sudden or an unatural Mentions Court will either fix a date manner, or by violence or where the for trial or for pre-trial conference. A cause of death is not known. The video-conferencing facility for bail Coroner will also determine whether matters and remand of prisoners has any person was criminally involved in been set up between the Mentions the deceased person’s death. Court and the remand prison. (g) The criminal courts are supported by a (e) The Traffic Court manages the conduct Crime Registry which manages all of traffic cases, except in cases where criminal processes in the subordinate death has been caused by a road traffic courts and monitors the progress of accident. One significant technological cases until final disposition (including

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appeals). The Crime Registry also before it. To this end, the Juvenile Court provides information on the status and has introduced innovative measures which progress of cases, crime trends and involve the active participation of the statistics. community in the justice process, such as Family Conferencing, Family Care (h) Mediation has been introduced in Conferencing and Bootcamp Training. private prosecutions, instituted by way of Magistrates Complaints. These A. Family Conferencing cases relate mainly to neighbourhood Family conferencing has its and relational disputes, where parties underpinnings in the phenomenon of are known to each other. Such cases “shame” and “re-integrative shaming”. The include simple assaults and threats, conference brings together the offender and nuisance and causing mischief. Many their family, and the victim and their cases have been successfully concluded family, the offender’s schoolteacher or through mediation. employer, the prosecution, the probation officer and any other significant person. (i) The Juvenile Court was created with The judge is assisted by a facilitator, who, the passing of the Children and Young through skilled interview techniques, Persons Ordinance in 1949. This court facilitate the session in a manner to have deals with all types of criminal offences the offender realize the impact of their by young offenders under the age of 16, offending behaviour on those near and dear and focuses not only on punishment, to them. The facilitator explores reasons but also on the correction, counselling for the negative behaviour and for the and rehabilitation of the juvenile parent’s lack of control. The facilitator will offender. The Juvenile Court deals also formulate concrete steps, through the with three categories of cases, namely: input of participants, which the offender - juvenile offenders; can take to make good their offending act - children and young persons to those affected by it. After the conference, beyond parental control; the offender and their parents appear in - children and young persons in court for the judge to make an order on the need of protection. case. The most common order following a family conference is a probation order for The Juvenile Court’s approach is based 12 to 36 months with or without residency. on a restorative model of justice. In dealing with juveniles, the Court works closely with A family conference is convened for the offender, their parents, peers, teachers selected offenders who have supportive and and principals, and the various care giving concerned parents. Furthermore, these agencies. The paramount concern of the offenders must not be hard core Juvenile Court is that of rehabilitation and delinquents and must be remorseful. Since reformation. Essentially, this means it has its implementation in June 1998, a total of to consider how best to use its powers and 130 family conferences have been available programmes to rehabilitate or conducted. Only 6 out of the 130 (5%) socially reintegrate the juvenile offenders who underwent family constructively back into society. In conferencing have re-offended. This shows choosing the appropriate “instruments of that the programme also helps to minimize reform’’, the Juvenile Court has to be the likelihood of juvenile re-offending. The mindful of the individual strengths and Juvenile Court of Singapore has been limitations of the offender who appear referred to as the only jurisdiction in the

318 111TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS common law world that makes re- delinquent traits. integration of the child offender an integral part of the juvenile justice system. D. Community Service Orders A Community Service Order (“CSO”) is B. Family Care Conferencing an order of the court compelling the The family care conference is also offender to perform unpaid work for a another integral component of the Juvenile specified number of hours. This is Court programmes. Its philosophy is implemented as a term of the probation similar to that of the family conference, order. Through such an order, the offender except that it is targeted at juveniles who is given an opportunity to make amends are beyond parental control. These may for the offending behaviour by performing include instances where parents have services for the community or its less exhausted all means of disciplining them, fortunate members. Over and above like seeking professional help from a social depriving the offender of leisure time, the service agency, liaising with school CSO also aims to develop a sense of authorities, etc. The aims of the family care empathy and respect in the offender conference include the need: towards people and property, as well as broaden their perspective of the world - To strengthen family units and around them. empower parents and the community to regain control of the A survey was conducted in August 1998 juvenile; to obtain feedback on the CSO placement. - To encourage the juvenile to take On the whole, the probationers found the responsibility for the delinquent CSO placement a worthwhile and behaviour: enriching experience, while all the parents - To reduce the placement of such a expressed the view that the CSO scheme juvenile in institutions was beneficial for their child. The CSO has accommodating offenders; also been effective as a rehabilitative - To reduce the likelihood of the measure, as the responses showed that the juvenile committing an offence. CSO experience had helped the probationers to develop empathy and C. Youth Family Care Programme consideration for others, while gaining The Juvenile Court, in liaison with meaningful social experiences. Most TOUCH Community Services, runs the probationers felt that their CSO placement youth family care programme where had a positive impact on their relationship volunteer families are matched with with their families and have helped them dysfunctional young persons placed on personally in the development of their probation or statutory supervision. These personality and character, and that they families act as positive role models for the have acquired new skills/knowledge/traits. juvenile and their families. A volunteer All the agencies were also satisfied with family will meet the assigned young person the performance of the probationers. The to befriend and encourage them for as long CSO scheme as a condition of probation has as the probation of statutory supervision been effective and has provided the order subsists, or until the court otherwise probationer with a different perspective on orders. The programme is targeted at life. They did not encounter any major helping juvenile offenders and children problems when assigning work to them. beyond parental control, but who are remorseful and do not have ingrained The Community Service Unit (CSU) was

319 RESOURCE MATERIAL SERIES No. 55 set up on 7 December 1996 to implement G. Boot Camp the CSO scheme in close consultation with The subordinate courts conducted their the subordinate courts, participating first “boot camp’’ in 1996. Unlike the boot agencies on the CSO scheme, and camps in other jurisdictions (that are court investigating probation officers. The sentences), this boot camp was deliberately Juvenile Court imposed its first CSO on conducted as a pre-sentence evaluation 17 December 1996. The first CSO for an process. Apart from the strict physical adult probationer was imposed by a regime of the boot camp, counselling subordinate court on 22 June 1997. sessions are held for the juveniles and their parents. Programmes at the boot camp are E. Peer Advisors Programme designed to bring about behaviour changes In this programme, students from under a controlled environment, so that the selected secondary schools are given a supervised behavioural changes will chance to sit in court proceedings, as well remain with the participants once they are as take part in discussions with a Juvenile referred back to society. Court judge in chambers before judgement is passed. The aims of the programme are An integral aspect of this programme is to give the Juvenile Court a contemporary the intensive post-camp follow-up peer group perspective of the offending component designed to address the criminal act. The peer advisors’ offending behaviour of the participants and participation, together with the teachers, to prevent them from committing offences will also benefit them through a better in the future. This aftercare component understanding of the justice process and also aims to develop self-esteem, the consequences of involvement in responsibility, discipline and good work criminal activities. ethics in participants, and to increase their academic and job related skills through F. Teen Development Programme personalized supervision by counsellors. This is a 16 week “After School Care” programme which the court can H. Streetwise Programme incorporate into a community-based option The Streetwise Programme commenced for certain offenders. It aims at non- in 1997. This is a government funded hardcore offenders who have been project and is a developmental programme experiencing problems at home and at aimed at changing the behaviour of youths school. It targets youths residing in the who have unwittingly drifted into gangs. western part of Singapore. This is a non- It is an intensive 6 month structured residential programme aimed at providing programme which incorporates elements of an alternative to institutional care for teens counselling, family conferencing, peer with delinquent traits at home and at support, recreation and academic school, and who may have committed activities. The programme aims to help offences. The programme aims to provide these youths “turn around” and gain a fresh an environment that is safe, structured and start in life. conducive for the development of positive and socially acceptable attitudes and I. Pre-complaint Counselling: Early behaviours like perseverance, self-control, Intervention respect, trust and honesty. It also serves The Juvenile Court recognizes that the as a platform to counsel the juvenile and family unit has the primary responsibility his/her family. of disciplining the child. At the same time, the Children and Young Persons Act allows

320 111TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS parents to seek the Court’s intervention J. Peer Mediation where their children are beyond their On 14 April 1997, the Juvenile Court control. In fulfilling its restorative role of introduced the Peer Mediation programme promoting parental responsibility, the in selected secondary schools, as part of its Juvenile Court has successfully utilized preventive and restorative measures. Peer community resources to intervene in mediation encourages the use of non- families with children who are beyond adversarial conflict resolution as an parental control, as an intermediate step effective alternative to violence and other before the matter is brought into the forms of anti-social behaviour, peer juvenile justice system. This is to avoid mediation aims to undercut disciplinary the situation of having parents lodging problems in schools before they start, by complaints against their children in imputing practical skills to manage and moments of desperation without first resolve conflict before it escalates into a seeking the help of the extended family or behaviour which requires intervention by the resources within the community. This the schools, police or the courts. In the peer also seeks to ameliorate the undesirable mediation programme, the students receive impact on the “pre-delinquent” child, as the special training to enable them to act as latter will likely be remanded in the Boys/ third party mediators between two or more Girls Home, pending the social report, after of their peers in the same school who are the complaint is laid by their parents. This involved in petty quarrels and want to see is to ensure that parents have exhausted it resolved constructively. The results of all available avenues to help their children the inaugural peer mediation scheme have before they are brought into the juvenile been very encouraging. justice system as a last resort. K. Typology of Youth Rioters Pre-complaint counselling is an Besides a number of preventive initiative devised by the Juvenile Court as measures undertaken by various a diversionary measure to keep borderline government and voluntary organizations ‘beyond parental control cases’ away from to deal with this problelm, the courts have the court system. Essentially, the Court also been getting tough with rioting cases. utilizes community intervention at the pre- To gain further insight into the profile of complaint stage. The Court will refer juvenile delinquents, the Research and borderline BPC cases to the Family Service Statistics Unit conducted a study in 1998 Centres when the complaint is laid by their on the profile of youth rioters. The mean parents. The Family Service Centres will age of a young rioter was 16.9 years. do a preliminary assessment of the case to Studies show that in Singapore’s case, the decide if they can work with the family to lack of positive parental guidance, sense help them with the child. In the meantime, of alienalion, powerlessness and low self- the case will be adjourned. If the Family esteem because of a lack of traditional Service Centre is able to work with the support structures such as the family and family, the case will be closed in the school, and built up feelings of frustration Juvenile Court when the family returns on and anger, and a desire to obtain support the adjourned date. If the Family Service outside the traditional institutions, lack of Centre is unable to help the family, the common ground between the offenders and matter proceeds on in the juvenile justice their parents, and negative peer influence, system. seem to be the risk factors for the youths’ violent, delinquent behaviour. While spending time with negative peers, the

321 RESOURCE MATERIAL SERIES No. 55 youth picks up bad habits like smoking, summonses issued by the various alcohol consumption and drugs. Case government departments such as the studies show that the family structure and Housing and Development Board, the socio-economic status of the family have Urban Redevelopment Authority, Central little impact on the youths’ moral values Provident Fund Board, the Registry of and delinquent behaviour. The study Companies and Businesses, and the Inland revealed that in general, the sentences Revenue Authority of Singapore. The other meted out by the courts were mainly (Court 23N) deals with road traffic offences rehabilitative in nature. In most cases, brought by the Traffic Police and regulatory youth rioters were remorseful of their offences brought by the Land Transport offending acts. Tougher sentences had been Authority. meted out to hard core offenders. To-date, the breach rate of these youth rioters Section 137(2) of the CPC also provides remains low. that in any case relating to an offence punishable by fine only or by imprisonment The Juvenile Court, with its restorative not exceeding three months, and in which justice philosophy, has made deep inroads the presence of the accused has been in the management of juvenile offenders. required by a summons issued by a It has been, and will continue to be, the Magistrate, such an accused desiring to catalyst in the development and plead guilty to the offence and be sentenced implementation of innovative juvenile in their absence may, by letter addressed justice measures. It seeks to forge effective to the court, plead guilty and submit to pay links with community resources to address any fine which may be imposed in respect juvenile crime and delinquent behaviour of such offences. Public awareness of this both in the present and as we move into provision would result in less caseloads and the next millenium. unnecessary attendance.

One of the objectives of the subordinate A Multi-door Courthouse (MDC), the courts is the enhancement of access to first such courthouse in the justice for the public through improved Commonwealth and Asia-Pacific region, court services. A large majority of the cases was established on 2 May 1998. The MDC that come before the subordinate courts are is a one-stop service centre for the for offences like littering in public, offences screening and channelling of cases. Thus, against environmental public health and it seeks to increase public awareness of minor traffic violations. For most dispute resolution processes, offer and co- Singaporeans, it is in the subordinate ordinate a selection of high quality dispute courts that they come into direct contact resolution programmes, and assist parties with the various processes of the law. For in selecting the most suitable dispute example, Night Courts were established in resolution process. The MDC pairs a April 1992 to deal with the huge volume of dispute within the jurisdiction of the regulatory and traffic offences. These subordinate courts, with an appropriate courts function for the convenience of the solution forum. It renders information to working public who would otherwise have enable members of the public to make to take time off from work in order to attend informed decisions in respect of their court. These courts function from 6 pm to justice needs in the area of civil, criminal, about 9 pm, Mondays to Fridays. There family and juvenile law, etc. It aims to be are two Night Courts, each with its own a centralized intake and diagnostic centre profile of cases. One (Court 13N) deals with to screen cases to the most appropriate type

322 111TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS of dispute resolution process. It serves to emotionally and financially. This has enhance a paradigm shift from the effectively introduced into our criminal traditional adversarial adjudication of jurisprudence a balance between the rights disputes to management of disputes of the accused and the victim. The through the use of alternative dispute statements are used judiciously, and as resolution mechanisms. part of the mitigation process. The first victim impact statement was presented in The MDC launched the Vulnerable court on 30 June 1997. Witness Support Programme in August 1998. This programme provides support In order to assist the community in to vulnerable witnesses who have to testify accessing justice easily, the subordinate in public prosecution of criminal cases. courts, in collaboration with the Ministry “Vulnerable Witness” refers to victims of of Law, the National Council of Social crimes, such victims of rape or molestation Service, People’s Association and Singapore or family violence cases, or witnesses under Police Force, launched the “Strengthening the age of 16 or those having intellectual Community Links Project”. The primary capacity below the age of 16 years. objective of the project is to institutionalize Amendments have also been made to the and operationalize various community- Singapore Criminal Procedure Code (Cap based programmes and initiatives in order 68) for the evidence of vulnerable to strengthen community links. This is witnesses, in certain types of offences, to done via the integration of the respective be heard through video or television links. primary roles of the various participating With the assistance of the Singapore agencies, and through the provision of a Children’s Society, a support group is being co-ordinated service package to members put into place. In each instance, a support of the public to enhance their welfare, person will help the vulnerable witness security and community bonds. walk-through the court environment before the trial, to allow him/her to understand L. Problems Relating to Court Congestion court procedures so as to alleviate the and Trial Delays stress levels of such witnesses. This will Aside from improving court services, a cut down the anxieties of the vulnerable prime objective of the courts has been to witness. Volunteers will not discuss any maintain a responsive justice system, as matter of the case with the witness or his/ measured by the timely and effective her parents or guardians. Referrals under disposition of cases. In his speech at the the programme are from two sources, Singapore Legal Opening 1999, the namely, the Attorney-General’s Chambers Honourable the Chief Justice said “In 1998 and/or the police. Referrals to the MDC alone, the subordinate courts dealt with, are also made by the counsellors in the in round numbers, a total of 364,000 cases Family Court of victims in family violence and other matters. Compared to the 1997 cases. caseload, there is an increase by 28.1%... Strict case disposition and judgement As part of the sentencing process, Victim timelines continued to be maintained for Impact Statements for sexual offences have all cases. The subordinate courts have no now become a feature of the criminal justice backlog.” His Honour also added that “The process in the courts. A victim impact subordinate courts went further in 1998 to statement is a statement made by the offer, what they called a “Hotwash”; an victim of a crime detailing how the crime opportunity to members of the Bar, the has affected the victim physically, public prosecutor and the other prosecuting

323 RESOURCE MATERIAL SERIES No. 55 and enforcement agencies to have their disposition of cases. Justice delayed is civil or criminal cases heard before the end justice denied. As such, the stand taken of the year and expedited earlier than the has been that the pace of litigation and case prescribed timelines. This invitation was disposition must be set by the courts. initiated along with other pro-active Reforms have been instituted in the measures as part of the subordinate courts’ subordinate courts on the premise that desire and commitment to keep ahead of judges have a major role to play in the the flow of cases and work, and to timely and expeditious disposition of the commence 1999 afresh and on top of things. cases before the courts. It was also an attempt by the courts to meet the special needs of the parties.” Unlike in the past, where judges were expected to play a non-interventionist role, Court congestion, trial delays, protracted case management is now a legitimate hearings and rigid trial procedures are judicial function. The challenge facing all ailments which afflict most judicial courts is to dispose of their cases efficiently systems. The resulting impression is that and expeditiously, without affecting the the machinery of justice is mismanaged quality of justice. This is of primary and inefficiently run. Singapore is mindful importance in the area of criminal case of such pitfalls and solutions are constantly management, where there is a constant sought and reforms introduced to tension between the aim of preventing an streamline the court administration to unnecessary waste of time in the hearing ensure continued fair and speedy trials. and determination of criminal cases and the need to keep intact the basic rights of In the years 1992 to 1993, the courts an accused person which ensure that s/he focused on the problems of clearing the is given a fair trial. backlog of cases awaiting hearing dates and on improving the waiting periods for the In April 1993, a group management of disposal of cases. In 1993 and the years cases (“GMC”) system for criminal cases following, the focus shifted from problem was introduced in the subordinate courts. solving to overhauling the organizational Under this system, trial courts are divided structure and work systems of the courts into four groups and a senior judge is to guide judicial officers in the appointed group manager for a number of administration of justice and the fine- judges, with the task of managing a court tuning of the justice system. In March calendar for their group, to expeditiously 1997, the Chief Justice of Singapore in his dispose the criminal cases allotted to that Keynote Address during the Introduction group. The disposal of the assigned of the Subordinate Courts Sixth Workplan number of cases within specified time for 1997 and 1998 said : “... our vision periods is the responsibility of the group should be for the subordinate courts to manager and the judges in that group. At become world-class; among the best in the the time of its inception, its first aim was world. This vision will further strengthen to clear the backlog of cases which had public confidence in the justice system. On accumulated. Since then, the GMC scheme a broader front, it will enhance Singapore’s has proven to be a success in clearing the reputation for the rule of law.” backlog of cases and making it a thing of the past. The disposition rate attained by The courts have a duty to the State and the GMC groups has been consistently all persons involved in legal proceedings high. to facilitate the timely and expeditious

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The introduction of Pre-trial plead guilty, these cases would be Conferences (PTCs) in 1993 coincided with transferred immediately to the Centralized the implementation of the GMC scheme Sentencing Court (Court 24) for sentencing. and marked a paradigm shift in the philosophy of the courts towards case In both civil and criminal matters, a management. The courts now play an strict “no adjournment” policy is adopted. active role in the management of cases, by Applications for the adjournment or ascertaining the status of the case and vacation of hearing dates are scrutinized defining and clarifying the contentious carefully, and these applications would be issues of the trial. At PTCs, parties are refused unless there are good grounds. urged to disclose the nature and extent of Strict control is exercised for even those their case, their lists of witnesses and applications for adjournments made on physical evidence. Where parties can agree medical grounds. With effect from 15 on facts which are not in dispute, the court February 1997, only medical certificates, will direct for the preparation of statements which state certain prescribed details such of agreed facts, so that the trial will focus as the diagnosis, full name and designation only on contentious issues. Parties are of the medical practitioner, and a statement encouraged to tender conditioned that the patient is to be excused from court statements (these are statements prepared attendance and not merely from work under conditions that will enable the attendance, are accepted. Lawyers and statements to be admitted during the trial, litigants are now aware that they will have to the same extent as oral evidence). This to be prepared for the trial to proceed at cuts down on the time for hearing and saves the assigned hearing dates. In addition, witnesses the inconvenience of attending efforts are taken to ensure that part-heard court, when their evidence will not be cases are kept to a minimum. The Court’s disputed by the other party. Issues and policy is that cases should be heard and areas of dispute are identified and disposed of within the hearing periods reasonably accurate assessments, in allotted for the trial. Judges are also respect of the time required for the trial, vigilant in ensuring that there is no misuse can then be made. of the legal process through unnecessary and prolonged questioning by counsel, In May 1997, a Differentiated Case resulting in protracted trials. Management (DCM) Scheme has been instituted for two categories of criminal Besides ensuring that waiting periods cases in the subordinate courts, to ensure for trial dates are favourable, the pace of effective, efficient and expeditious case disposition is monitored by the courts management and disposal of such cases. from the time a case is commenced in court. The first is for cases initiated by the CPIB, In criminal cases, the progress and and the second relates to immigration cases disposition of a case is monitored from the involving foreign witnesses. A special court time the accused is first charged in court has been set up to manage each of these through the mechanism of pre-trial categories of cases. After these cases are conferences leading up to the trial. As of mentioned in the Criminal Mentions Court January 1999, the following waiting (Court 26), where the accused claims trial periods for trials were maintained: in such cases, they are fixed for a PTC in their respective special court within one to two weeks from the date of first mention in Court 26. Where the accused elects to

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Criminal Trial Cases District Arrest Cases 2 to 4 weeks from last Pre-trial Conference (PTC) Magistrate’s Arrest Cases 1 to 4 weeks from last mention of PTC Police and Private Summonses 1 to 4 weeks from last mention Traffic Cases: General 1 week from last PTC Drink and Drive 2 weeks from last PTC Coroner’s Cases: General 8 weeks from date of death Special 4 to 6 weeks from date of death

Crime Registry Magistrate’s Complaints 2 weeks from filing of Notice

Juvenile Court Juvenile Arrest Cases (Hearing) 2 weeks from last mention Juvenile Arrest Cases (Sentence Report) 4 to 6 weeks from order of sentence report Family Conferencing 2 weeks from submission of sentence report Family Care Conferencing 2 weeks from submission of social report

M. Harnessing of Technology diffusion of technology will also mean that In his keynote address at the Technology judges and court administrators will have Renaissance Courts Conference on 24 to conduct on-going technology September 1996, the Honourable Chief assessments of the vast opportunities Justice of Singapore, Mr Yong Pung How, offered by technology to the administration said:“As the technology revolution unfolds, of justice. For example, the subordinate there will be implications for the judicial courts are already using video conferencing system. Judges will have to deal with technology to conduct remote bail hearings countless new ways to acquire, receive and from prisons. And through a video link, process data, contend with old information vulnerable witnesses are able to give that is being expanded by the new, and evidence away from the courtroom, thereby adjust to changing expectations. And as avoiding direct confrontation with the society changes, so will conflict. The accused person....” judiciary must take the lead in assessing technological and scientific advancements The Chief Justice also said at that to ensure that the law can address the legal conference: “Whatever changes the future issues of tomorrow. The judiciary must be brings, we must always remember that the first to understand advancements in justice must be assisted, not dominated, by biotechnology, molecular biology, robotics, technology. Technology alone does not and artificial intelligence and assess the improve the system. It is people, assisted new legal issues which these changes will by technology, who make the justice system bring. The rapid rate of innovation and work. We must be careful not to blindly

326 111TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS substitute technology or become slaves of more than 100 automated teller machines technology. Neither should technology be located at convenient public locations. This used to avoid human contact for what is dispenses with the need for defendants to technically feasible, may not always be appear personally in court to answer the desirable. Efficiency, as an objective, charges against them. should never replace thoughtful consideration. Instead, improvements In the Criminal Mention Courts (in generated by technology should Court 26), we have utilized video-link complement tested and proven methods of technologies to connect the courtroom to administering justice. Justice should never the remand prisons, so that applications be on the “cutting-edge” of technology, for for bail can be made through a Bail Video- dignity and due process are too important Link without the need for the prisoner to to jeopardise through potential systems be brought physically to the courtroom. A failure or malfunction.” Witness Video-Link (in Court 16) enables vulnerable witnesses, such as child In its efforts to enhance the efficiency of witnesses or victims of sexual offences, to the courts and to improve standards of give their evidence without being service to the public, the subordinate courts physically present in the courtroom to face have attempted to harness the rapid the accused. Similarly, video conferencing advances of cutting-edge technology. The has also been introduced to hear family courts have made extensive use of violence cases (in Court 46). These cases technological advances to improve court can be heard with the witness testifying services for lawyers and court users, and through video-link instead of in the to enhance the efficiency of the courts. courtroom. By testifying through video Technology will enable the subordinate conferencing, the trauma of the family courts to offer new and more convenient violence victims can be reduced. services to the public. Court services could progressively be made available without Technological innovations have also been the public having to physically come to used to improve the work systems within court. Over time, with information the courts to assist the judicial officers. In technology it would be possible for the addition to being able to carry out legal operation of “virtual” courts, which would research from their personal computers, a allow businesses and individuals to judicial officers’ database was launched in transact court matters from their offices early 1998. Judicial officers are now able and homes. The subordinate courts have to access through their personal computers certainly come a long way since the days bench manuals and other papers in the when it struggled to put a computer on the courts database. This has enhanced the desktop of every officer. dissemination and sharing of resource materials among judicial officers. The courts have adapted such technological advances for use in the justice The Technology Court was launched in system to further enhance the court’s 1995 in the Supreme Court. Various productivity, and these have had a major technologies to facilitate the presentation impact on the justice process and work of evidence and other information have systems. For instance, the ATOMS been installed. Within this Court, there launched by the subordinate courts in are video conferencing facilities, an November 1996, allows the payment of integrated audio-visual system together fines for minor traffic offences through the with a litigation support system. Evidence

327 RESOURCE MATERIAL SERIES No. 55 is recorded digitally as computer files. This (ICJS) which essentially involves the enables transcription to be done much setting up of an integrated networking faster than previously with audio tapes. between the subordinate courts and Almost all judges and judicial agencies such as the Attorney-General’s commissioners have presided over hearings Chambers, Prisons Department and the in the Technology Court and it has been in Police Criminal Records Office. The considerable demand. Likewise, a criminal network will enable these organizations to trial court in the subordinate courts has share information and common operational been converted into a Technology Court. data. The subordinate courts also has 10 Digital Recording Courts and a Technology The Supreme Court Internet website is Chamber. In lengthy trials, the judges may at . All significant speeches of the the evidence of witnesses. All these courts Honourable Chief Justice delivered since are linked up by a computer network which 31 July 1996 are now posted there. The in turn are linked to the subordinate courts subordinate courts launched its Internet network with security protection. website located at on 1 March 1997 which accords In August 1998, the Chief Justice and with the subordinate courts’ strategic plan the Judges of Appeal spearheaded the to maximize the use of information transition into the age of the paperless technology to enhance its services to the court with the introduction of the electronic public. A highlight of the website using hearing of all Magistrates’ Appeals and “photobubble” technology, is a virtual “walk Appeals to the Court of Appeal in both civil through the courts”. This segment takes and criminal matters. This year, it is the viewer on a visual 360 degrees walk planned for electronic hearing to be through of the subordinate courts. extended to trials in both civil and criminal matters also. The conduct of appeals in N. Family Violence the electronic environment has been found The amendments to the Women’s to be much faster and more efficient than Charter took effect from 1 May 1997. in a non-electronic environment, as Pursuant to the amendments, applications documents referred to in the appeal for Personal Protection Orders (PPO) at the hearings could be retrieved and projected Family Court can be made not only for over the monitor screens instantaneously spousal or domestic violence involving and effortlessly for all present in the children, but also by family members such courtroom. as parents, siblings and other family members as deemed fit by the court. The The subordinate courts are currently amendment has therefore resulted in a working on the Singapore Case Recording change in the profile of persons seeking Information Management System protection from family violence at the (SCRIMS), a fully computerized file Family Court. The scope of family violence tracking and information management was expanded to include causing hurt system for criminal cases. The system will knowingly, restraining a family member house databases containing all vital against their will, placing a person in fear information concerning criminal cases of hurt and continual harassment. dealt with in the subordinate courts. Also in the pipeline is the Integrated Criminal Further, “family violence” now includes Justice Information Management System non-physical acts of violence that amount

328 111TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS to abuse of the complainant. The powers carry out risk evaluation (including of the Family Court have also been assessment of the severity of the acts of increased such that parties can be ordered violence), and offer support and advice to to attend counselling. Breach of a PPO is victims on safety measures. Victims of also a criminal offence. These changes give family violence who require long-term greater protection to all members of the emotional support will be referred to family. welfare agencies or crisis shelters in the community for counselling support, shelter The time taken for the issuance of a PPO and other assistance. They may also refer is of utmost importance to a victim of family parties requiring legal advice to the Family violence. Once an application for a PPO is Court Legal Clinic, which is manned by received by the Court, the Court will take volunteer lawyers who offer legal advice at cognizance of the complaint. In cases no charge. Since December 1998, the Unit where there is imminent danger of family even houses a medical clinic operated by violence being committed against the volunteer doctors working on roster from applicant, the Court will issue an expedited the Association of Women Doctors protection order immediately after the (Singapore) to provide free medical lodgement of the complaint. In other examination to applicants for PPOs. This words, the victim will have the benefit of a service enables applicants to procure protection order on the very day when an medical evidence for the hearing when application for protection is made. Such a applying for PPOs. Previously, such protection order is effective from the date applicants were referred to designated of service and is valid for 28 days or until hospitals for expeditious medical the hearing or mention date. examination, after which, the medical examination form would be forwarded to With regard to the application for a PPO, the Court before the next hearing. the application is fixed for mention within one week. Where parties wish to instruct With the setting up of the Family counsel, the case may be fixed for further Protection Unit, the Family Court also mention. PPOs may be granted on the processes applications for PPOs within a mention date in suitable cases. Where a shorter timeframe. In cases where there trial is necessary to ascertain the veracity is imminent danger of family violence being of a complaint, the trial will be fixed within committed against the applicant, the Court one to two weeks. In the interim, will issue an expedited order upon counselling sessions may be fixed in application. The expedited order is served suitable cases. Unlike an expedited on the same day or by the next working protection order, there is no fixed duration day. All applications for PPOs are also fixed for a PPO which is granted on the mention for mention in the Court within one week. date or after trial. The PPO remains valid In other words, parties are brought before until the order is rescinded or set aside. the Court expeditiously so that the application can be dealt with at the earliest Since 1 November 1997, the Family opportunity. Thereafter, the Court will Court has set up the Family Protection closely monitor the progress of a case to Unit, which is a dedicated and specialized ensure that the necessary orders are made unit to handle applications for protection quickly. All these add up to a system orders. Professional court counsellors are whereby protection is afforded to a victim attached to the Unit. They conduct intake without undue delay. interviews of victims of family violence,

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VII. PLANNING FOR THE FUTURE values and principles for the discharge of judicial duties. This Justice Statement The Singapore court system is serves as a constant reminder to judicial continually evolving to meet the needs of officers of their duties, and a written society. To ensure that the Supreme Court commitment by the courts of their duties is well prepared for the challenges ahead, to the public. departmental workplans have been set out annually since 1992 and presented to all “Vision without action is merely a staff at the Supreme Court and dream. Action without vision just passes Subordinate Courts Workplan Seminars, the time. Vision with action can change respectively. The departmental work plans the world”, Joel Arthur Baker. Mere target set out our specific work targets, strategies setting is not enough to inspire true passion for achieving these goals, and the and commitment. It is big goals and indicators or checklist of tasks that we will challenges, and a common purpose, that use to benchmark our performance in the brings on excitement and the sense of work year. The Seminar serves as a fulfillment which makes life worthwhile. compass in our continuing journey towards The core values determine the means of higher levels of excellence and to guide us reaching the destination and are the soul with greater precision and accuracy. As the that guide and align our actions. They are workplans are conceptualized annually, the compass by which we navigate through they enable the courts to reset and map challenges and rapid changes, and advance out immediate goals and targets against towards our ultimate goal. With the core the courts’ long term strategic direction and values as our faithful commandments, the policies. These workplans are not just courts will be serving the public good with mandatory, but fundamental to our goal of conscience. Faithful adherence to these being a world-class judiciary. In fact, in principles is therefore necessary for the his speech at the Opening of the Legal Year courts to become Dignus Honore, or worthy 1999, the Chief Justice of Singapore of honour, of the public trust which the remarked that “the subordinate courts nation and community have bestowed upon have realised their vision of becoming the institution and its officers. world class.” IX. CODE OF ETHICS FOR VIII. THE JUSTICE STATEMENT JUDICIAL OFFICERS The vision of the Sixth Workplan Another management challenge is the Seminar of the Subordinate Courts 1997/ inculcation of judicial ethics in judicial 1998, held on 1 March 1997, was to become officers. It is crucial to any justice system world-class in the 21st Century. More that the judicial officers are committed to emphasis was placed on enhancing honour the spirit and letter of their judicial Singapore’s reputation for the rule of law oath. A Code of Ethics for Judicial Officers and strengthening public confidence in the has been prepared and will provide justice system. To provide a framework of guidance and a framework for regulating values for the judges of the subordinate the conduct of judicial officers, and will also courts bench, it is necessary that timeless enhance the public accountability of the core values are established to guide the judiciary. The areas covered range from judiciary in the administration of justice. personal propriety to judicial duties, as well At the Seminar, the Justice Statement of as extra-judicial activities. The provisions the Subordinate Courts was also unveiled. in the Code reflect the values of judicial It sets out the mission, objectives, core

330 111TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS oaths of office and allegiance. The Code legal forces will be closely monitored does not seek to govern but to guide judicial in order that the subordinate courts officers, and as such, it does not impinge can effectively lead and manage on independence in judicial decision change amidst a rapidly changing making. national and global environment; (h)The subordinate courts will be A. The Strategic Framework adequately staffed by the best judges To ensure that the subordinate courts and court personnel, who will be remain focused on achieving their mission supported by continuing education of administering justice faithfully in the and performance evaluations. evolving environment of the next millenium, the courts established a This framework, together with the strategic framework. In his Keynote Subordinate Courts Justice Statement, Address at the Introduction of the Seventh provides a reference or benchmark against Workplan Seminar of the Subordinate which future activities should be assessed. Courts 1998/1999, the Honourable Chief Justice, Mr Yong Pung How, set out the B. The Courts Charter elements of such a framework to be as On 15 February 1997, the judiciary follows: launched a charter for court users (“The (a)The public perception of the Courts Charter”) in an effort to further Singapore justice system must be one increase public understanding of our court of confidence in and respect for system and to enhance its accessibility. Singapore courts and the rule of law. Copies of the Charter are distributed free (b) The justice system must maintain to the public at the various service human dignity, uphold the rule of law, counters. There is overwhelming demand and enhance access to justice; for copies of it. The Charter is also (c) All persons will have ready access to available on the Supreme Court’s website. justice in the subordinate courts, The Charter sets out the mission of the which will provide a range of effective courts as professionalism and excellence in and expeditious means of dispute the expeditious and efficient dispensing of resolution, without undue cost, justice in accordance with the law. It also inconvenience or delay; lays out our values to be accessibility, (d) The subordinate courts will ensure expedition, equality, fairness and integrity, independent, fair and equal independence and accountability, and application of the judicial process and public trust and confidence. The Charter administer justice in accordance with describes the range of services and the the law; response or processing time for these (e) The subordinate courts will be services. It will serve as a useful administered in accordance with performance indicator of the effectiveness sound court governance principles and efficiency of the judicial system. As which foster the efficient use of public the Chief Justice of Singapore, Mr Yong resources and enhance performance; Pung How, said at the Opening of the Legal (f) Technology will be strategically Year 1997, “For without public trust and employed to increase access, confidence in the justice system, the rule convenience and ease of use of court of law will not have any practical meaning.” services, and to assist the courts in enhancing the quality of justice; The Courts Charter was also included (g) The impact of socio-economic and in the Creativity 27, by the US-based “The

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Creativity Annual”, a publication which XII. THE CENTRE FOR JUDICIAL records outstanding international creative EDUCATION AND LEARNING works. The Charter was chosen among 77 (CJEL) entries from the United States and The Centre for Judicial Education and countries around the world. Learning (CJEL) was established in mid- 1996. Programmes and lectures during the X. THE JUSTICE POLICY GROUP year focused on enhancing bench skills, The Singapore judiciary recognizes that professional knowledge, case management, as one of the institutions in the justice ethics and good practice, and social context system, it must remain relevant to the education. Some of these courses were also society which it operates within. The extended to court administrators. courts must be prepared to deal with the challenges resulting from changes in the The criminal justice system embodies conditions and environment within which and secures the rule of law and protects it operates. The anticipation of future the public. The openness of our economy challenges, and the measures to be taken, cannot prevent us from insulating against are important components in the long-term regional crime trends. The range of crimes strategic planning and direction of the is becoming increasingly broad and courts, and the formulation of judicial complex. The subordinate courts continue policies. The courts have taken a pro-active to anticipate the changing trends of crime. approach in this respect. Future planning Sentences and sentencing philosophy are for the century ahead has commenced and reviewed. Effective deterrent and severe a Justice Policy Group (JPG), serving as a punishments are imposed on offenders who think-tank, has been formed. The JPG will commit crimes of particular concern to the advise on and assist in the formation of public, as well as dangerous and chronic judicial policies. It is also concerned with offenders. the charting of strategic directions for the subordinate courts. The JPG’s chief role is The courts will adopt appropriate to facilitate research and development in measures to further enhance and extend various disciplines. It also sources the quality and scope of their services to pertinent ideas from eminent foreign the public. More attention and resources experts in this respect. The results of this will also be focused on public awareness research will then form a credible basis programmes to reach out to the public. The from which informed policy decisions level of public awareness of the emanate. programmes implemented by the Singapore courts is relatively high. The XI. ANNUAL REPORTS main sources of information for such programmes were gathered through the The Supreme Court and the subordinate media of newspapers and the television. courts jointly issue a report annually. The The feedback obtained will also be relevant annual reports set out all the developments for setting performance benchmarks for the and achivements for the past year, together judiciary. with the milestones for future activities. The annual reports not only enhance the XIII. CONCLUSION efforts of the courts towards public accountability and commitment, but also In the face of news of countries where shape and mould the perception of our drugs, crime and violence seem common- constituents and the public. place, Singapore has been able through the

332 111TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS efforts of the police, the prosecutors and to anticipate and plan ahead for any crisis. the courts, managed to keep its crime rates In this respect, the subordinate courts place down for nine successive years. As the strategic goals and milestones into their Chinese saying goes, “To develop a business annual workplans. As the Honourable is difficult, to keep the business going is Chief Justice, Mr Yong Pung How, said at even more difficult.” Success management the Asia - Pacific Courts Conference in is therefore a challenge for our community. August 1997: “As leaders, there are three The police, the prosecutors and the courts errors which I think we must avoid at all can constantly survey their service quality cost. They are the failure to learn from and public perception of and confidence in the past, the failure to adapt to the present, their organizations. The officers in these and the failure to anticipate the future.” organizations should uphold their core values, mission, goals, objectives and key With fast changing techology, the nature priorities. Management in these of crime, especially in the commercial organizations should be effectively engaged world, will become complex and in strategic planning and, at the same time, sophisticated. We must be alert to harness work with their subordinates to discover such advances in technologies to help us ways to provide quality service to the in achieving better performance to benefit public. If an organization’s structure fails our society. By constantly applying and to serve its purpose, it needs to be changed. testing such advances in our work environment, we can explore the greatest The future depends on initiative. It value of technological advancement. depends on people taking action, reflecting Officers will therefore need to have the on the consequences, and finding ways of knowledge to deal with high-tech crime as doing it better next time. Learning fast the new century unfolds. Moreover, the enough to survive is becoming an essential nature of crime usually involves the police, requirement for success. This requires the prosecutors and the courts, it may be police, prosecutors and the courts to be in necessary to harness the knowledge of a position to change its services and these strategic partners with the aid of processes to reflect what is learned. modern technology. Creating the future, which once lay in the hands of others, has become the Combating crime is not only the responsibility of all. Therefore, the responsibility of the police, but the public potential of all officers, be it the police, prosecutor and the courts as well. Crime prosecutors or judges, should be developed will continue to occur and evolve in more and utilized, so that instead of being sophisticated and complex ways. Criminal passive observers of events unfolding minds manoeuvre within the loopholes of before them, they may be active the law and policies, using their expertise participants in exploring and finding better and positions. The competency of the ways in the future, so that the country and police, the prosecutors and the judges is its people can really benefit from their vital to handle sophisticated crimes. energies and capabilities. Training is fundamental to gain the expertise and resources to be in a position The most important task is to anticipate to battle complex and especially, white- crisis. To wait until crisis hits is already collar and computer crimes. abdication. Management in the police and public prosecutor’s offices, as well as in the As Singapore becomes an even more courts, are engaged in strategic planning global, cosmopolitan city in the 21st

333 RESOURCE MATERIAL SERIES No. 55 century, drawing talents from around the The Singapore Prime Minister, Mr Goh world, the social composition and structure Chok Tons, has said that “We, cannot afford of the country will inevitably change. To a mindset that instinctively shuts off add fuel to the engine of our economic challenges to the existing status quo. We growth, Singapore has to compete to attract must always be willing to look at issues foreign talents to its shores. The public afresh. From time to time, when a will therefore no longer remain particular strategy or policy has served its homogeneously local. Foreign usefulness, we must dare to break the professionals and workers alike will bring mould and start anew. ” with them their different expectations and culture. In turn, Singaporeans might In today’s fast changing world, follow this new benchmark. To meet the yesterday’s successfull practices may no challenges ahead, the Singapore police, longer be effective today. Our organizations prosecutors and the courts should be must not be complacent about their past trained to better relate to and communicate successes and start to rest on its laurels. with the public. As the saying goes, “Success is a journey, and not a destination.” The path is never- International ties with police forces all ending; human competitive nature to over the world are essential as crime goes better yesterday’s achievements and to international; a result of the growing reign supreme in the rat-race provides affluence and information age. strong impetus to continually raise the International ties could be in the form of standards of performance, and to reach for inter-forces games, liaison meetings, that pot of gold at the further end of the training work attachments, joint rainbow. Besides valuing the past, the operations and criminal arrests. As a result leadership must keep challenging existing of such close ties, more exchange of assumptions and existing ways of thinking intelligence, networking of liaison officers and acting. of direct contact and shared database systems can be made possible. In the same Scenario planning, which is not trying way, closer ties with other departments of to predict the future but perceiving the the home team can also be established. future in the present for each organization, i.e., on what to do if a certain event takes The widespread unemployment and place, may be useful to better prepare for rising prices in South East Asia will have the future. To operate in an uncertain a ripple effect on the crime situation in world, we need to question the assumptions Singapore, with the threat of illegal about the way the world works, so as to immigrants entering Singapore and have a clear view of the world and how the committing crimes. Being a mere city- world may impact on the police force. The state, Singapore’s margin for error is end result for scenario planning is not to extremely small and therefore there is a present an accurate picture of tomorrow, constant need to improve and upgrade but to provide better decisions about the services for its people, who are its most future and how worldwide events affect us. important asset, in whatever they do and to continue to enhance their capability to The challenges ahead for the police, the meet the challenges that lie ahead. The prosecution and the courts as they move ability of its people to change quickly is into the 21st century, with their impressive essential. and successful track records so far, perhaps resonates with the broader challenge for

334 111TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS our government on how the three arms of • The Singapore Judiciary Annual justice can continue to attract the best and Reports 1997 & 1998. optimize the development of our officers as • The Singapore Police Force Annual a vibrant organization. The future seems Report 1997/1998. to be pointing towards the trend of global learning. Therefore, a much wider perspective than the past is required and emphasis on organizational learning and service excellence will propel us to greater heights of success and achievement. Organizational learning is where the organization continually enhances its capabilities, and through innovative thinking on different ideas and approaches, discover how to create results it truly desires for its future. In reality, learning and training are the two sides of the same coin. The purpose of training is to help someone to learn, and to learn how to learn. Learning is said to have taken place when a person acquires new skills, knowledge and behaviour. Gandhi once said “we must become the change we want to see. ”

Therefore, as we prepare for the dawn of the new millenium, the three arms of criminal justice should be spurred by their achievements and milestones to continue their hard work and effort in the journey towards an even brighter and better tomorrow.

Sources

• Keynote Address of the Chief Justice at the Introduction of the Subordinate Courts Workplan for the years 1997/ 1998 and 1998/1999. • The Chief Justice’s Speech at the Opening of the Legal Year 1997, 1998 and 1999. • Keynote Address of the Chief Justice at the 1997 and 1998 AIJA/APIC Conference. • Keynote Address of the Chief Justice at the Technology Renaissance Courts Conference on 24 September 1996.

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