The difference between legal and factual issues A question of law is one which involves only a legal issue and not a factual issue. There is no dispute of fact. Such questions are usually legally complex and may involve technical legal interpretation. Such an issue may sometimes arise in the middle of trial. Either the…
Some of the most common traffic offences include speeding, beating a red light and parking improperly. The following agencies may issue you a ticket notice or notice: Traffic Police Land Transport Authority (LTA) Urban Redevelopment Authority (URA) Housing and Development Board (HDB) Common regulatory offences include littering and smoking violations, amongst others. The following agencies…
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…
The Supreme Court of Singapore hears criminal motions. These consist of a wide range of applications such as: Applications for bail Reviews of decisions made by the State Courts or an Appellate Court Requests to introduce additional evidence on appeal Requests for extensions of time to file a Notice or Petition of Appeal Requests to…
If you believe that a criminal offence has been committed against you, one avenue available under Singapore law is to file a Magistrate’s Complaint. This is a formal application made to a magistrate, requesting that the Magistrate inquires into the alleged offence and decide on the appropriate course of action. This filing is open to…
Bail refers to the sum of money a bailor or surety provides as security in order to procure the temporary release of an accused person from remand while waiting for trial. The bailor has a responsibility to ensure that the accused attends court and complies with other bail conditions. If the accused complies with all…
What happens if you are charged with a crime? Upon arrest in Singapore, the law mandates that you must be brought before a court within 48 hours, where a judge will decide whether you should continue to be held in custody or be released on bail pending further proceedings. Once investigations are concluded and the…
Compensation Claims in Criminal Cases When a criminal offence has been committed, the court has the power to order the offender to compensate the victim. If you are seeking compensation, you should take note of the following matters. Am I eligible to make a compensation claim? Compensation claims are only for persons who have…
Pursuant to the Criminal Procedure Code 2010, if a person is dissatisfied with any judgment, sentence or order of the Court, the person can file a notice of appeal to the appellate court against conviction or conviction and sentence within 14 days after the date of the sentence. The basis for an appeal is either…
In Singapore, the Legal Aid Bureau provides legal aid, advice and assistance to persons who qualify for both a means and merits test. This applies only for civil matters and LAB does not handle criminal matters, which is handled by the Public Defender’s Office, which provides criminal defence aid. Pursuant to section 14 of the…
Can I claim damages against someone who insists on filing frivolous, vexatious and malicious actions in Court or police reports against me? The tort of malicious prosecution is an action under tort law, where a victim can claim damages from a perpetrator who has intentionally initiated criminal or civil proceedings against the victim, without basis…
In this article, we explore what is judicial mercy and the circumstances in which it has been exercised, as well as the circumstances in which the Courts have declined to exercise it notwithstanding there may have been good reasons to do so. What exactly is judicial mercy? The Courts generally follow basic sentencing principles that…
When an offender is sentenced in court, the relevant punishment provisions and the sentencing framework laid down by the Court in previous cases (if any) set the baseline for sentencing. However, the Courts may consider various personal circumstances and other factors, or “mitigating factors” that may warrant a reduction in sentencing severity. What principles do…
The Health Sciences Authority (HSA) has announced the re-classification of etomidate from the Poisons Act to the Misuse of Drugs Act (MDA). This means that users will be treated and punished as drug offenders. The Ministry of Home Affairs (MHA) has also announced its full support for HSA’s crackdown on etomidate-laced vaporisers, also known as…
Outrage of modesty is an offence under Section 354 of the Penal Code 1871 of Singapore (“PC”). The Penal Code does not specifically define the term “modesty,” therefore, factors such as the circumstances in which the incident happened and the victim’s beliefs and race, can be relevant factors in determining if his or her modesty…
Section 64 (1) of the Road Traffic Act 1961 of Singapore (“RTA”) sets out the offence of reckless driving. In summary, it refers to any behaviour behind the wheel that is reckless or endangers public safety, including speeding, weaving between cars or ignoring traffic signals. Singapore imposes strict penalties on such offences to protect road…
Crimes can include anything from minor offences such as certain Road Traffic Offences to more serious offences such as sexual offences, robbery, rioting, extortion, causing hurt or damage to public property, murder, and treason. White Collar crimes, on the other hand, could come in the form of fraud, criminal breach of trust, cheating and other…
In Singapore, harassment is defined as any kind of behaviour that causes alarm, apprehension or distress to an individual. Harassment generally encompasses a range of actions and is governed under numerous laws, including the Protection From Harassment Act (POHA) and the Penal Code. This article provides an overview of the POHA, highlighting key offences, associated…