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THE LAW SOCIETY OF SINGAPORE
PLEA BARGAINING
IN SINGAPORE, DEFENCE’S
PERSPECTIVE
Wednesday 4 May 2011
Pro Bono Services O
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.
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Current Position
• Defence Counsel’s role starts when Accused is
charged in Court and Counsel takes
adjournment to complete instructions and to
make representations.
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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.
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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).
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Current Position
• Alternatively to take a date for Criminal Case
Disclosure Conference (CCDC) date, if
instructions is to claim trial.
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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).
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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.
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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).
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Current Position
• At the following PTC date, Defence Counsel
and Prosecution can update the Court on the
outcome of the CCMS.
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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.
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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.
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New Developments
• 2011, has brought about a change in the
current plea bargaining process. [This is still in
the pilot process.]
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New Developments
• 2011, has brought about a change in the
current plea bargaining process. [This is still in
the pilot process.]
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New Developments
• Instead of a 2-way process, it is now a 3-way
process.
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New Developments
• This process is called “Criminal Case
Resolution” (CCR).
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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.
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New Developments
• Opting for CCR, helps the parties consider all
available options on the table and to reach an
informed decision.
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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.
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New Developments
• For the Defence, CCR is preferred.
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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.
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Benefits/Dangers
• The benefits of plea bargaining are wellknown (eg. resources, testifying, discount)
however, the dangers of plea-bargaining
cannot be denied (eg. pressure to PG).
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THE LAW SOCIETY OF SINGAPORE
Q&A
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