Even if you are pleading guilty you can disagree with some of the things the police say happened. The court can then proceed to convict and sentence the accused, as mentioned above. You could also lose your licence and get a criminal record (there are some exceptions to this). Can the Public Make a Citizen's Arrest in Singapore? Is it Legal for Drivers to Carpool in Singapore? For example, for speeding or not slowing down at a pedestrian crossing. The practice of plea bargaining came into the spotlight recently after Joshua Robinson was sentenced to a 4 year jail term after pleading guilty to several sexual offences. This article sets out what plea bargaining is about and how it is practiced in Singapore. What happens when one pleads guilty? The courts have made it clear that an accused person will not be allowed to retract his guilty plea merely at a whim. Even after he completes his probation, attends his classes and pays his fees, he will have a criminal record. But since you've told the judge in open court (and under oath) that you want to give up that right to a jury trial and plead "guilty," the factual issues and legal questions won't be decided by a judge or a jury. and pay in advance the fine fixed by the supervising Magistrate. the charges to be taken into consideration), followed by the mitigation plea of the accused, before passing the accused’s sentence. If he does so, the court will be obliged to reject the plea of guilt. STDs: Can I Go to the Police If a Partner Infected Me in Singapore? Fatal Traffic Accidents: Are Drivers Always Punished? And Other FAQs, Surrender of Passport to the Police and How to Get It Back, Extradition: What If I Flee After Committing Crime in Singapore, The Essential Guide to Bail and Personal Bonds in Singapore, Magistrate’s Complaints, Private Summons and Private Prosecutions in Singapore, Plea Bargaining in Singapore: All You Need to Know. What happens when someone pleads guilty The decision should not be taken lightly as once a plea of guilt has been given, it may be difficult to retract it unless there are exceptional circumstances. Penalties & More, Penalties for Financing Terrorist Operations in Singapore, Here are the Penalties for Committing Forgery in Singapore, Penalties for Illegal Immigration and Overstaying in Singapore, Criminal Intimidation: Penalties for Making Threats in Singapore. If the amount stated in the “offer of composition” is paid, there is no need to enter a guilty plea, and the matter is considered settled. Is there no evidence? He is also confident of fighting for persons accused of committing Murder, Drug Trafficking, Robbery, Rape, Sexual Assault, Rioting and offences against Public Servants and has obtained good results. Usually, in all criminal matters, after a certain stage, you have to decide between pleading guilty and claiming trial. Are You Eligible for a Mandatory Treatment Order (MTO)? What happens when you plead guilty or claim trial to a charge? The Prosecuting Officer will read out the Statement of Facts relating to the charge to the Accused. Use of this site constitutes acceptance of our Terms of Service and Privacy Policy. Date Rape: What to Do If Your Drink Has Been Unlawfully Spiked? An accused does not need to plead guilty to all charges the prosecution has raised against him and can instead plead guilty to only specific charges. Will I Be Punished for Trying? There may, however, be times when a defendant is convinced that pleading guilty is the best long-term choice. In very exceptional cases, it is possible for an accused to retract a plea of guilt by raising facts at the mitigation stage which affect whether he should have been convicted of the offence. For minor offences which are usually punishable by a fine, the accused may be given an “offer of composition” which may be paid at an AXS station. or not slowing down at a pedestrian crossing. The accused should therefore raise any facts in mitigating his plea, including the fact that he had pleaded guilty. Deputy Public Prosecutor). Not made by the accused himself (e.g. Your email address will not be published. The court will then have a trial to decide whether you did. What Happens If You’re Caught Speeding in Singapore? If you plead guilty, you could receive a penalty, such as a fine, a good behaviour bond, or for more serious crimes, a prison sentence or intensive corrections order. For example, if the accused thought that he was pleading guilty to a different charge from what he was actually being charged with, this could be found to be misunderstanding the charge such that the plea of guilt would not be valid. In a criminal revision, the accused would need to show that the plea of guilt was not taken in a proper manner such as without the accused fully understanding the statement of facts and the charge, or that the plea of guilt was made under pressure. You can only withdraw your guilty plea in very special circumstances, such as if you are able to demonstrate that you did not know the consequences of pleading guilty, did not know the elements of the offence, or were pressurised into pleading guilty. He is well-versed in criminal litigation, having been a Deputy Public Prosecutor in the Criminal Justice Division of the Attorney General’s Chambers for 5 years. Since joining the firm, aside from a busy general litigation practice, Nakoorsha also engages in regulatory and compliance advisory work for private equity and investment firms. the plea of guilt may be accepted and the accused will be convicted. He is an experienced and dedicated trial lawyer who focuses his litigation practice on white collar crimes. The Defence of Unsound Mind in Singapore: What is It? The Constitution guarantees criminal defendants certain rights. A Notice … If an Accused pleads guilty to a charge, he admits fully to the offence. Here are 5 trusted lawyers you can contact directly for a quote. Among these are the right to due process and right to a speedy jury trial. After you have been found guilty and convicted of an offence, the Court will need to consider what type and amount of sentence to impose against you. What Happens After the Accused Pleads Guilty? Pleading Guilty in Singapore: Consequences & Withdrawal of Plea. When you plead guilty to a charge, you will attend an open courtroom hearing (sometimes referred to as a Mention) before a Judge and attended by you or your lawyer (if you have engaged one to represent you) and a Prosecuting Officer (e.g. The Steps Following a Not Guilty Plea. What is a plea in mitigation? Privacy Policy, If you would like to understand more about Law and Legal Matters in Singapore and how the issues discussed in this article may affect you, email. from pleading guilty to pleading not guilty) during mitigation, please be aware that the courts will not allow such a course of action easily. For example, the accused can first plead guilty where he is first officially charged in court. This can happen if the accused claims that the plea of guilt was not made voluntarily such as due to misunderstanding the charge. An accused may be convicted based on the plea of guilt. He has worked on behalf of many local and overseas clients, in cases that include international…, Nakoorsha set up Nakoorsha Law Corporation after gaining extensive experience in commercial litigation and criminal law practice. Defendants who plead guilty or are found guilty by a jury are typically afforded a certain amount of time to wrap up personal and business affairs before reporting to prison. The PTC is a meeting between the prosecution and accused before the trial to prepare for the trial and settle administrative matters. If you have been charged with an offence in Singapore and are unsure if the prosecution has sufficient evidence to prove that you are guilty, it is best to seek legal advice from a criminal lawyer on whether to plead guilty. If a defendant entered into a plea without counsel and did not appear, from a later review of the record, to have made a knowing and intelligent plea, that defendant may have grounds to request that the conviction be stricken (removed) from the defendant’s record, or at least not be considered in any future proceedings. You cannot plead guilty but say that you did not break the law. Criminal Trespass in Singapore: What Happens If You’re Caught? If you decide to plead guilty, the Judge will impose a sentence against you and you will need to fulfil the requirements of the particular sentence imposed (e.g. Ask the magistrate if you do not understand the penalty and what you have to do. A defendant has a right to a delay in sentencing, but most of the time that delay will be waived and we will agree to being sentenced immediately. During a mitigation plea, the court will hear any plea in mitigating (i.e. Three of the faces of the Hong Kong pro-democracy protests have been detained and are awaiting their sentences after pleading guilty to unauthorized assembly charges over a 2019 protest. Those convictions may be considered by the Court when sentencing you. If he does so, the court will be obliged to reject the plea of guilt such that the issue of whether the accused is guilty of the charge proceeds to trial. What happens after you plead guilty or claim trial? You should contact the court in advance of the deadline for making your decision to find out how to enter your plea. Appealing a Conviction After Pleading Guilty. Mitigation Plea: How to Plead for Leniency in Court in Singapore, Guide to Filing a Criminal Appeal in Singapore, Criminal Motion: What is It and How to File One in Singapore, Guide to Filing a Criminal Revision in Singapore. Tracy takes pride in her friendly neighbourhood qualities and ensures that her clients understand their legal rights before providing them with down-to-earth solutions. This can happen if the accused claims that the plea of guilt was not made voluntarily such as due to misunderstanding the charge or if the plea of guilt was made involuntarily under pressure. Singapore's Legal Smoking Age & Common Smoking Offences, Legal Drinking Age and Drinking-Related Laws in Singapore. Tracy's practice areas are mainly in community law such as family law, criminal law, property law and general litigation. In the field of litigation, Wei Chin has handled cases spanning across different courts, including handling High Court applications himself. What Happens After Filing an Appeal? An accused may therefore not wish to plead guilty if he believes that the prosecution does not have enough evidence for him to be convicted of the offence(s) he has been charged with. After you plead guilty and submit any mitigating factors, the judge will impose a sentence. What Should You Do If You Witness a Crime in Singapore? Pleading not guilty means that you say you didn't do the crime, or that you had a reasonable excuse for doing so. Committing Robbery in Singapore: What are the Penalties? to pay a fine or serve a period of imprisonment). Kidnapping Scam: Penalties & Responding to a ‘Kidnap Call/Text', Rape Laws in Singapore and How Offenders Can Be Punished, Sexual Misconduct in Singapore: Offences and What Victims Can Do, Legal Age for Sex in Singapore and Common Sexual Offences, Consent in Sexual Offences in Singapore and What Victims Can Do, Accused of Molest: Outrage of Modesty in Singapore. For a Court to accept your plea of guilt and convict you of the charge, you will need to confirm that you understand the nature and consequences of pleading guilty. If the accused does so, he will need to prove that the guilty plea was made involuntarily, at which point it will be retracted. Her…, Family lawyer Ray Louis has had 13 years of experience as a family counsellor to assist you with your separation, contested or uncontested divorce, and other family-related proceedings. You can plead guilty with an explanation or plead nolo contendere, which are useful only in certain situations. Deputy Public Prosecutor). If the accused fully agrees with the statement of facts and the court is satisfied that the accused understands the nature, consequences and punishment for the offence, the plea of guilt may be accepted and the accused will be convicted. The Registrar of the State Courts will subsequently send to the supervising Magistrate a record of the guilty plea and the fine paid. Can I Represent Myself in a Criminal Court Case in Singapore and How? Not made without qualification against the charges brought against him (e.g. If so, the case can move straight to sentencing. Crime of Voyeurism in Singapore (Penalties and Defences). If there is insufficient evidence, the judge may find him innocent and acquit him of the charge(s). After the accused states that he wishes to plead guilty, a statement of facts detailing the offence will be read to the accused. or if the plea of guilt was made involuntarily under pressure. When the police investigation results in a finding that you have committed an offence, the police will issue to you the charges and summons to attend court. Due to the difficulty in retracting a plea of guilt, the accused may consider claiming trial if he is unsure of whether there is enough evidence to convict him. During a mitigation plea, the court will hear any plea in mitigating (i.e. In Singapore, depending on the nature of the crime, the court can hand down several different punishments to achieve what it considers appropriate retribution, … Guilty or Not Guilty. It may also be possible to prove that the accused did not understand the nature and consequences of pleading guilty, such that the court should not accept the plea of guilt. If the accused disagrees with parts of the statement of facts, the court may adjourn to allow the prosecutor and accused resolve the disagreement. These lawyers are selected based on their number of positive reviews and years of experience in this subject you are enquiring about. Police Custody in Singapore: What You Should Know, Search Warrant: The Issuance and Execution of It in Singapore, Penalties for Lying to the Authorities in Singapore, Can You Say No to a Lie Detector Test in Singapore? Ashvin has also assisted numerous clients through investigations and interviews by the Singapore Police Force, Corrupt Practices Investigation Bureau (CPIB) and the Federal Bureau of Investigation (FBI). This time is generally only afforded to those whom a judge believes do pose a threat to the public and who isn’t considered a flight risk to leave the country in an effort to escape going to prison. This will allow the judge to review the evidence and decide whether the accused is in fact guilty of the offence (all of which will be explained in detail below). LawGuide December 9, 2016 0 Comments If you decide to plead guilty, you will be given an opportunity to inform the Judge of any mitigating factors which you may have and the Judge impose a sentence against you (e.g. Due to how the mistake affected whether the accused had legally committed fraud, the court allowed him to retract his guilty plea. You can pay the fine, which is similar to pleading guilty. Prior to incorporating Abbots, Gino headed the criminal litigation departments of firms he practiced in. Get a 20-minute phone call with a lawyer for only $59, August Law Corporation | 9 years experience | English, Malay, Ray Louis Law Corporation | 12 years experience | English, Malay, Nakoorsha Law Corporation | 19 years experience | Bahasa Indonesia, English, Malay, Covenant Chambers LLC | 10 years experience | English, Mandarin, Kalidass Law Corporation | 8 years experience | English, Hokkien, Mandarin, Covenant Chambers LLC | 8 years experience | English, Mandarin, Tracy Wang Law Practice | 6 years experience | English, Hokkien, Mandarin, Abbots Chambers LLC | 21 years experience | English, Kalidass Law Corporation | 4 years experience | English, Tamil. ), , it is possible for an accused to retract a plea of guilt by raising facts at the mitigation stage which affect whether he should have been convicted of the offence. Can move straight to sentencing to a pretrial or trial date accused is guilty the. 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