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CRIMES & PUNISHMENT

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WHITE COLLAR CRIMES*

Anti-mo ney laundering matters and repo rting o bligatio ns Breach o f fiduciary duties Bribery and co rruptio n

BLUE COLLAR CRIMES*

Affray

Assault

Carnal co nnectio n

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Co rpo rate fraud (including cheating, fo rgery and breach o f trust) Co rpo rate disclo sure breaches Electro nic and co mputer fraud Co unterfeiting and fo rgery

Criminal trespass

Drug po ssessio n / co nsumptio n / trafficking Ho usebreaking

Immigratio n o ffences under Immigratio ns & Checkpo ints Autho rity (ICA)

Criminal breach o f trust / Embezzlement Insider trading and fraudulent trading Insurance fraud

Ministry o f Manpo wer (MOM) o ffences

Land Transpo rt Autho rity (LTA) o ffences Murder and manslaughter

Kickback

Mo neylending o ffences (unlicensed mo neylender/runner)

Mo ney laundering Multi-level marketing and pyramid selling Securities fraud and market manipulatio n Tax evasio n

Outrage o f mo desty (mo lest) Rape

Ro bbery

Theft Traffic o ffences Unlawful assembly

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Vandalism Miscellaneo us o ffences

* non- exhaustive list

SENTENCING IN THE CRIMINAL COURTS

SENTENCING PHILOSOPHY The four pillars of sentencing are: Retribution; Deterrence; Prevention; and Rehabilitation. The Criminal Courts of Singapore can impose the following punishment: Capital punishment; Imprisonment; Caning; Fines; Probation; Disqualification from driving. NEW SENTENCING OPTIONS COMMUNITY- BASED SENTENCES The Criminal Procedure Code 2010 also provides for new sentencing options which allow judges to sentence offenders so that the punishment fits the offence better. This means judges are no longer restricted to sentencing criminals to jail or fine, which could have an adverse effect on their families and jobs. These are community- based work or attend sentences a reporting whereby centre offenders are ordered to do community regularly for supervision and counselling. 1. MANDATORY TREATMENT ORDERS To allow the Courts to order an offender to undergo psychiatric treatment in lieu of

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imprisonment. No currently.

such power exists

2. SHORT DETENTION ORDERS (SDO) To give first time low- risk offenders a short experience (about one week) of detention. The SDO is less stigmatiz ing than imprisonment period and will limiting the detention prevent

contamination. More importantly, the SDO will not dislodge the offender from his family and job. At the same time the clang of the prison gates helps deter reoffending. 3. DAY REPORTING ORDERS (DRO) To require an offender to report to a Reporting Centre on a regular basis and be electronically tagged, if necessary. This imposes some discipline and aids in rehabilitation as the offenders progress is monitored closely. It can be used very effectively in combination with an SDO. Other countries have used such orders to positive effect. 4 . COMMUNITY WORK ORDERS (COMWO) Modelled after the Corrective Work Order for litterers, to allow for a wider range of offences and types of work to be mandated. The type of community work should have some nexus to the offence committed. 5. EXPANDED COMMUNITY SERVICE ORDERS (CSO) To allow offenders aged 16 and above to make reparation to the community while being punished for their misdeeds. This will require tying up with Voluntary Welfare Organiz ations which can put the offenders service to good use. The proposed length of the CSO is 40 to 240

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hours. 6. EXPANDED CONDITIONAL DISCHARGE To allow the Courts to specify conditions such as participation in programmes or an MTO as a requirement. The maximum term for a to time conditional be discharge is proposed sufficient extended for from the in

current 12 months to 24 months to allow participation programmes. WHAT IS A SPENT CONVICTION? Under the Registration of Criminal Act, certain convictions for minor offences become spent, but it does not erase criminal records. Once spent, it allows the ex- convict to reintegrate into society. He can withhold disclosure of his criminal record, once spent, in certain cases. The person must remain crime- free for a period of 5 years.

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