Singapore

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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 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

(b) 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.

(c) The Judiciary consists of the Supreme Court and the State Courts and the head of the Judiciary is the Chief Justice. Judicial power in Singapore is vested in the Supreme Court and in such subordinate courts as may be provided for by any written law for the time being in force.

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 to 1990: Mr Lee Kuan Yew 1990 to 2004: Mr Goh Chok Tong 2004 to 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.

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. 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. The judge decides both legal and factual issues. The jury system was abolished in 1970.

Singapore has one of the highest execution rates in the world, and a significant number of those executed include foreign nationals. 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.

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. )

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.

Trial

There are no jury trials and counsel is only provided by the government for death penalty cases. 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.

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.

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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)