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PLEA BARGAINING IN SINGAPORE, DEFENCE’S PERSPECTIVE

THE LAW SOCIETY OF SINGAPORE. PLEA BARGAINING IN SINGAPORE, DEFENCE’S PERSPECTIVE. Wednesday 4 May 2011. Pro Bono Services Office. Current Position.

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PLEA BARGAINING IN SINGAPORE, DEFENCE’S PERSPECTIVE

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  1. THE LAW SOCIETY OF SINGAPORE PLEA BARGAININGIN SINGAPORE, DEFENCE’S PERSPECTIVE Wednesday 4 May 2011 Pro Bono Services Office

  2. Current Position •  Plea bargaining is an informal two-way process between defence counsels and prosecutors. Defence counsels will make representations (written or oral) to Prosecutors in the hopes of tweaking the charge in return for a guilty plea or administering a stern warning. The Law Society Of Singapore 2

  3. Current Position • Defence Counsel’s role starts when Accused is charged in Court and Counsel takes adjournment to complete instructions and to make representations. The Law Society Of Singapore 3

  4. Current Position • Sometimes at the 1st Mention in Court, Prosecution could give an offer. Defence can either accept the offer or Defence Counsel can take an adjournment to discuss with the Accused and to make written representations to Prosecution thereafter. The Law Society Of Singapore 4

  5. Current Position • Defence can opt to take a Pre-Trial Conference (PTC) date if no instructions to claim trial but to make representations for reduction in the charge(s). The Law Society Of Singapore 5

  6. Current Position • Alternatively to take a date for Criminal Case Disclosure Conference (CCDC) date, if instructions is to claim trial. The Law Society Of Singapore 6

  7. Current Position • At the return date for PTC, if representations are turned down and and the Accused wishes to claim trial, parties can opt for Criminal Case Management System (CCMS). The Law Society Of Singapore 7

  8. Current Position • At the CCMS, Defence Counsel and Prosecutor meet at the Prosecution’s office to discuss the case and for Defence Counsel to make oral representations. The Law Society Of Singapore 8

  9. Current Position • At this discussion, it helps the Defence Counsel to assess the Accused’s case. Defence would then have the option to consider if position is to claim trial or to make further written representations or to take a date to plead guilty (PG). The Law Society Of Singapore 9

  10. Current Position • At the following PTC date, Defence Counsel and Prosecution can update the Court on the outcome of the CCMS. The Law Society Of Singapore 10

  11. Current Position • If claiming trial, a date for CCDC would be fixed and directions given by the Court is to be complied with. • If pleading guilty, a date for PG would be given. The Law Society Of Singapore 11

  12. On the PG Date • Defence Counsel can also work with the Prosecution on an Agreed Statement of Facts. • Prosecution to provide the Statement of Facts and any Submissions on Sentence to the Defence. • Defence to prepare written mitigation and to serve one copy on the Prosecution. The Law Society Of Singapore 12

  13. New Developments • 2011, has brought about a change in the current plea bargaining process. [This is still in the pilot process.] The Law Society Of Singapore 13

  14. New Developments • 2011, has brought about a change in the current plea bargaining process. [This is still in the pilot process.] The Law Society Of Singapore 14

  15. New Developments • Instead of a 2-way process, it is now a 3-way process. The Law Society Of Singapore 15

  16. New Developments • This process is called “Criminal Case Resolution” (CCR). The Law Society Of Singapore 16

  17. New Developments • In a CCR, a senior District Judge will sit as a neutral mediator with Prosecution and Defence Counsel to facilitate discussions on the merits of the case, the charges and sentences that may be imposed. The Law Society Of Singapore 17

  18. New Developments • Opting for CCR, helps the parties consider all available options on the table and to reach an informed decision. The Law Society Of Singapore 18

  19. New Developments • At the end of the mediation, the Accused could decide to plead guilty to the original charge, or an amended one, or claim trial. Similarly, the Prosecutors could decide to drop the charge or proceed with an amended one. The Law Society Of Singapore 19

  20. New Developments • For the Defence, CCR is preferred. The Law Society Of Singapore 20

  21. New Developments • In the 2-way process, the difficulties for Defence Counsel is explaining to the Accused person the outcome of their case. • In a 3-way process, parties are in fact negotiating a guilty plea in return for an agreed sentence. The Law Society Of Singapore 21

  22. Benefits/Dangers • The benefits of plea bargaining are well-known (eg. resources, testifying, discount) however, the dangers of plea-bargaining cannot be denied (eg. pressure to PG). The Law Society Of Singapore 22

  23. THE LAW SOCIETY OF SINGAPORE Q & A Pro Bono Services Office

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