Singapore
![]() |
English • español |
---|
ADDITIONAL RESOURCESLEGAL TRAINING RESOURCE CENTER |
1. Introduction
Singapore is a republic with a parliamentary system of Government based on the Westminster Model.
The roots of Singapore’s legal system can be traced back to the English legal system and it has evolved over the years. The sources of law are derived from its Constitution, legislation, subsidiary legislation (e.g. Rules and Regulations et cetera) and judge-made law.
(a) The Constitution[1] is the supreme law of the land and lays down the basic framework for the three organs of state, namely:
(i) Executive
(ii) Legislature
(iii) Judiciary
2. Branches
(a) Executive
The Executive includes the Elected President, the Cabinet and the Attorney-General. The President is elected by the people and is empowered to veto government budgets and appointments to public office. The Cabinet comprises the Prime Minister and Ministers appointed from among the Members of Parliament and is responsible for the general direction and control of the Government and is accountable to Parliament. The Attorney-General is the principal legal advisor to the government and has the power and discretion to prosecute offenders.
Executive power rests with the Cabinet. The Cabinet is led by the Prime Minister, who is appointed by the President. On the advice of the Prime Minister, the President appoints other Ministers from among the Members of Parliament to form the Cabinet. The Cabinet is responsible for all government policies and the day-to-day administration of the affairs of state.
(i) Prime Ministers of Singapore
1959-1990: Mr Lee Kuan Yew
1990-2004: Mr Goh Chok Tong
2004-Present: Mr Lee Hsien Loong
(b) Legislative
The Legislature comprises the President and Parliament and is the legislative authority responsible for enacting legislation. Parliament is made up of elected, non-constituency and nominated Members of Parliament. The President’s assent is required for all bills passed by Parliament and he may in his discretion withhold assent to certain bills.
The Singapore Parliament is unicameral and together with the President of Singapore, is known as the Legislature. It is modelled after the Westminster system of parliamentary democracy, where Members of Parliament (MPs) are voted in at regular General Elections. In Singapore, a General Election must be held at least once every five years. The leader of the political party that secures the majority of seats in Parliament will be asked by the President to become the Prime Minister. MPs consist of either Elected, Non-Constituency or Nominated members.
The present 12th Parliament of Singapore, which opened its first session on 10 October 2011, has 99 MPs, comprising 87 elected MPs, 3 Non-Constituency MPs and 9 Nominated MPs.
(c) Judiciary
The Judiciary is made up of the Supreme Court and the State Courts. The Judiciary administers the law independently of the Executive and this independence is safeguarded by the Constitution. The Supreme Court consists of the Court of Appeal and the High Court. The Chief Justice, Judges of Appeal, Judicial Commissioners and High Court Judges are appointed by the President from candidates recommended by the Prime Minister.
Singapore practices the common law legal system, where the decisions of higher courts constitute binding precedent upon courts of equal or lower status within their jurisdiction, as opposed to the civil law legal system in continental Europe. The current criminal code was preceded by the Indian Penal Code which was adopted when Singapore was a Crown Colony.
Singapore has a comprehensive judicial system. The State Courts (previously known as Subordinate Courts) form the first tier in the judicial hierarchy to administer justice amongst the people. It comprises the District Courts, Magistrates' Courts, specialised courts – Family Court, Juvenile Court, Coroner's Court – Small Claims Tribunals and the Court Mediation Centre. The District Courts, Magistrates’ Courts and Small Claims Tribunals can hear civil matters where disputed amounts do not exceed $250,000, $60,000 and $10,000 respectively.
The second tier is the Supreme Court, made up of the High Court and Court of Appeal (the highest Court in the land). Both courts hear criminal cases and civil claims exceeding $250,000. The Chief Justice, Judges of Appeal, Judges and Judicial Commissioners are appointed by the President on the advice of the Prime Minister.
While the judicial system has been efficient in dispensing justice, the Government has found it necessary and expedient to complement the courts with other modes of alternative dispute resolution (ADR), namely arbitration and mediation. Having established itself as a major international commercial centre, Singapore has made giant leaps to cater to the demands of business for cheaper, quicker and, at times, confidential dispute resolution. It has positioned itself as a competitive arbitration centre to match that of London and Hong Kong. Major law firms in Singapore now offer arbitration services, and institutions with state-of-the-art hearing facilities are in place to meet the arbitration needs of disputants.
For smaller claims, mediation has been promoted as an alternative method of resolving disputes. The State Courts via their Primary Dispute Resolution Centre and the Singapore Mediation Centre are the two main mediation avenues. The rest are initiatives spearheaded by the Government or industry namely Maintenance of Parents Tribunal, Community Mediation Centre and Consumers’ Association of Singapore.
The Supreme Court is made up of the Court of Appeal and the High Court, and hears both civil and criminal matters. Led by the Honourable the Chief Justice Sundaresh Menon, the Supreme Court Bench consists of the Judges of Appeal, Judges and Judicial Commissioners of the Supreme Court.
Subscript text The High Court has jurisdiction to try all offences committed in Singapore and may also try offences committed outside Singapore in certain circumstances. In criminal cases, the High Court generally tries cases involving capital offences or cases involving imprisonment terms that exceed 10 years. Generally, except in probate matters, a civil case must be commenced in the High Court if the value of the claim exceeds $250,000. Probate matters are commenced in the High Court only if the value of the deceased's estate exceeds $3,000,000 or if the case involves the resealing of a foreign grant. In addition, ancillary matters in family proceedings involving assets of S$1,500,000 or more are also heard in the High Court.
Since 2002, various specialised courts like the Admiralty Court, the Intellectual Property Court and the Arbitration Court have also been set up in the Supreme Court in response to the increasing complexity of commercial cases reaching the judiciary. The establishment of dedicated specialist commercial courts underscores the Supreme Court´s depth of expertise and experience in these areas, and its commitment to position and promote Singapore as a premier centre for dispute resolution and as a jurisdiction of choice for the resolution of both domestic and international commercial disputes.
(b) State Courts of Singapore
The Judiciary is one of the three constitutional pillars of government along with the Legislature and the Executive. As an Organ of State, the Judiciary's function is to independently administer justice. The Chief Justice is the head of the Judiciary which comprises the Supreme Court and the State Courts (originally called Subordinate Courts).
The State Courts of Singapore include the District Courts, the Magistrates´ Courts, the Specialised Courts (i.e. Family Courts, Juvenile Courts, etc.) and the Small Claims Tribunals. As a critical component of the Judiciary, the State Courts handle more than 95% of the Judiciary's caseload.
The Chief District Judge has overall responsibility for the administration of the State Courts. The Chief District Judge leads a team of Judicial Officers who adjudicate on cases brought before the State Courts. He is assisted administratively by the Registrar who is also concurrently the Deputy Chief District Judge.
(c) President (forms part of the Executive branch)
Roles and Responsibilities
The President of Singapore is the Head of State.
Prior to 30 November 1991, the President was a titular Head of State with a largely ceremonial role. On 30 November 1991, the Constitution of the Republic of Singapore was amended to make the President’s office an elected office with discretionary powers relating to the safeguarding of national reserves and the appointment of key personnel in the public sector and certain Government companies. Broadly, the roles and responsibilities of the President can be categorised as follows:
(i) Constitutional
The powers of the Elected President are set out in the Constitution of the Republic of Singapore and these powers largely fall into two categories - discretionary powers and non-discretionary powers.
(ii) Discretionary powers
The President has the power to veto or disagree with the Government’s proposals in the following areas:
• Use of Past Reserves – i.e. Reserves not accumulated by the Government during its current term of office
• Appointment and removal of key office holders in the public service and in the statutory boards and Government companies, which are listed in the Fifth Schedule to the Constitution
• Changes to investment powers of the Central Provident Fund Board
• Restraining Orders under the Maintenance of Religious Harmony Act (Cap. 167A)
• Continued detention under the Internal Security Act (Cap. 143)
• Refusal of investigations by the Corrupt Practices Investigation Bureau (CPIB)
Type of System
A former British colony, Singapore is a parliamentary republic with a legal system based on English common law. The constitution is based on the pre-independent State of Singapore Constitution, and it was written in 1959 and amended in 1965. [2] There are three branches of government: executive, legislative, and judicial. The judicial branch has a Supreme Court, divided into the Court of Appeal and the High Court, as well as Subordinate Courts and a Constitutional Tribunal. There are several specialized courts, such as a Community Court and a Bail Court, to encourage efficiency and strict case management. [3] The judge decides both legal and factual issues. The jury system was abolished in 1970. [4]
Singapore has one of the highest execution rates in the world, and a significant number of those executed include foreign nationals. [5]Many narcotics offenses carry a mandatory death penalty sentence, and many vandalism offenses require a mandatory caning sentence. There are also strict penalties for crimes related to various guns and weapons. Jaywalking and littering are also considered crimes. [6]
Sources of Defendants' Rights
The Criminal Procedure Code provides that the defendant must have the charges read and explained to him as soon as the prosecution frames its case. Defendants have the right to a fair trial in front of a judge. There are no jury trials. Defendants have the right to be present at the trial, have a presumption of innocence, and a right of appeal in most cases. (Note an Exception to the Presumption of Innocence: In narcotics cases, the drug act places the burden on the defendant to prove he was not in possession, custody, or control of the substance. ) [7]
Defendants' Rights
Pre-Trial
Criminal cases are heard in the Subordinate Courts and the High Court. More serious offenses are generally heard in the High Court. Accused people may plead guilty or claim trial. If the accused person expresses genuine remorse, a mitigation plea followed by a timely guilty plea can mitigate sentencing. [8]
Trial
There are no jury trials and counsel is only provided by the government for death penalty cases. [9] The Criminal Legal Aid Scheme (CLAS) founded by the Law Society of Singapore provides some representation for people who claim trial. There is a high prosecutorial success rate in Singapore. There is also concern about evidentiary procedures in criminal proceedings, notably the lack of discovery and the questionability of witness statements recorded by police. [10]
Post-Conviction
Criminal cases heard in the Subordinate Court may appeal to the High Court. Criminal cases, usually more serious offenses, heard in the High Court may be appealed to the Court of Appeal.
See Criminal Justice Systems Around the World and Legal Aid in ASEAN countries
QUICK FACTS
- Mid-2009 Prison Population: 12,944 (national prison administration, via Asian and Pacific Conference of Correctional Administrators)
- Official Prison Capacity: 13, 876 (92% occupancy level)
- Mid-2009 Prison Population Composition: 16.3% foreign prisoners, 15.4% pre-trial detainees/remand prisoners, 9.8% female prisoners, 4.7% juveniles/minors/young prisoners (2007 average)
- ↑ Please refer to statutes.agc.gov.sg/ for more information
- ↑ https://www.cia.gov/library/publications/the-world-factbook/geos/sn.html
- ↑ http://www.singaporelaw.sg/content/LegalSyst1.html#Section7
- ↑ http://www.nyulawglobal.org/globalex/Singapore.htm
- ↑ http://web.archive.org/web/20080111225751/http://www.amnesty.org/en/alfresco_asset/aad0c6f3-a509-11dc-a92d-271514ed133d/asa360012004en.html
- ↑ http://travel.state.gov/travel/cis_pa_tw/cis/cis_1017.html#crime
- ↑ http://www.state.gov/g/drl/rls/hrrpt/2009/eap/136008.htm
- ↑ http://www.singaporelawreview.org/2008/04/an-overview-singapore-criminal-law-and-justice/
- ↑ http://travel.state.gov/travel/cis_pa_tw/cis/cis_1017.html#crime
- ↑ http://www.singaporelawreview.org/2008/04/an-overview-singapore-criminal-law-and-justice/