Picture this: you have been arrested in Singapore. You are formally charged in the State Courts and you plead guilty. You are sentenced and sent to jail – only to realise that you did not actually commit the crime you were charged for and pleaded guilty to.
In such as case, filing a petition for criminal revision may be your way forward.
What happens in a criminal revision?
A criminal revision allows the General Division of the High court to review a State Courts criminal matter, examining whether a decision is correct, lawful or proper. Criminal revisions can be initiated by the Parties themselves or even the Court on its own initiative.
Criminal revisions cannot be used to challenge decisions which an Accused could have appealed but failed to do so save where a mandatory minimum sentence should have been imposed but was not and where the sentence actually handed down was one in which the Court could not legally impose.
Some common situations where criminal revisions may be possible include:
- Walking back a plea of guilt.
- Setting aside a conviction.
- Challenging a sentence that the law does not permit.
- Substituting conviction for a certain charge for a different charge.
What happens after you file?
Once your application has been filed, the court will typically fix the matter for hearing where the applicant would be given the chance to present his case to the Court. In appropriate cases, the Court could also decide the matter based solely on the documents submitted without a hearing.
There is no right of appeal against the decision of the Court in a criminal revision.
How do you file a criminal review?
All applications for criminal revision must be filed through eLitigation.
An application should typically include the details of the original case which was heard before the State Courts (such as the case number, date, and parties involved), the relevant Petition of Revision, and a supporting affidavit.
For the Petition of Revision is filed in Form 71 if the application is in relation to a criminal case disclosure conference and in Form 70 for all other State Courts criminal matters.
The application for criminal revision should also be supported with an affidavit.
This publication is not intended to be, nor should it be taken as, legal advice. It is not a substitute for specific legal advice for specific circumstances. You should not take, nor refrain from taking any action(s) based on this publication. We shall not be responsible for, nor do we accept any responsibility for, any loss or damage that may arise from any reliance on this publication.