Criminal law of Singapore
Encyclopedia
Although the legal system of Singapore
is a common law system, the criminal law of Singapore is largely statutory in nature. The general principles of criminal law, as well as the elements and penalties of common criminal offences such as homicide
, theft
and cheating
, are set out in the Penal Code
. Other important offences are created by statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act
and Vandalism Act
.
In addition, there is a perception that Singapore society is highly regulated through the criminalization of many activities which are considered as fairly harmless in other countries. These include failing to flush toilets after use, litter
ing, jaywalking
, the possession of pornography
, the sale of chewing gum
, and sexual activity; such as oral
and anal sex
between men. It has been claimed that one of the results of such heavy regulation is that Singapore has one of the lowest incidences of violent crimes in the world. A catchphrase recently used in a police
anti-crime campaign was "Low crime does not mean no crime".
Singapore retains both corporal punishment
(in the form of caning
) and capital punishment
(by hanging
) as punishments for serious offences. For certain offences, the imposition of these penalties is mandatory. More than 400 people were executed in Singapore, mostly for drug trafficking, between 1991 and 2004. Statistically, Singapore has one of the highest execution rates in the world relative to its population, surpassing Saudi Arabia
. Science fiction
writer William Gibson
famously described Singapore as "Disneyland with the death penalty
".
(comprising Prince of Wales' Island (Penang
), Singapore and Malacca
) was that of the United Kingdom, insofar as local circumstances permitted. There was little doubt that at the time English common law crimes were recognized in these territories. However, due to problems such as doubts as to the applicability of Indian Acts, in 1871 the Straits Settlements Penal Code 1871 was enacted. It came into operation on 16 September 1872. The Code was practically a re-enactment of the Indian Penal Code
.
Over the years, the Penal Code has been amended several times. In 1973 punishments for certain offences were enhanced, and by the Penal Code (Amendment) Act 1984, which came into effect on 31 August 1984, mandatory minimum penalties were introduced for certain offences. A major review of the Code was launched in 2006.
and misdemeanours
. Accordingly, the Criminal Procedure Ordinance 1873 was passed to remedy the situation. The Ordinance also did away with the procedure for indictment
s in favour of charges for all criminal offences; and abolished the grand jury
, and special and common juries.
A new Code of Criminal Procedure was enacted in 1902. The present Criminal Procedure Code was passed by the Legislative Council of the Colony of Singapore on 28 January 1955. All criminal offences under the Penal Code or other statutes are inquired into and tried according to the Criminal Procedure Code.
The Penal Code
, which is the main statute in Singapore relating to criminal law, has over 500 sections and is divided into the following 24 chapters:
The Penal Code defines the elements of each offence and prescribes the maximum, and occasionally also the minimum, penalties for it. The basic form of an offence (commonly referred to as the "simple offence" or, using Latin terminology, as the "offence simpliciter") has the lowest penalties. More serious forms of the offence are defined as separate offences and attract stiffer penalties.
For instance, theft is defined in section 378 of the Code, and section 379 makes simple theft (or theft simpliciter) an offence punishable with imprisonment of up to three years or with fine or both. Section 379A punishes the theft of a motor vehicle or any component part of a motor vehicle with imprisonment of not less than one year and not more than seven years and a fine. Sections 380 and 381 respectively make it offences to commit theft in any building, tent or vessel which is used as a human dwelling or for the custody of property; and, while being a clerk or servant, or being employed in the capacity of a clerk or servant, to commit theft of any property in the possession of one's master or employer. In both cases the penalty is imprisonment of up to seven years and a fine. The most serious theft offence is that of committing theft, having made preparation for causing death or hurt or restraint, or fear of death or of hurt or of restraint, to any person in order to commit the theft, or in order to effect an escape after committing the theft, or in order to retain property taken by the theft. The maximum penalty is imprisonment for up to ten years and caning with not less than three strokes.
An offender is usually charged with the most serious offences that can be established on the facts of the case. On representations being made by the offender's lawyer to the prosecuting authority, the Prosecution may agree to charge the offender with lesser offences provided that he or she agrees to plead guilty to the reduced charges.
are very strict. Anyone caught with more than 15 gram (0.529109431576679 oz) of heroin (diamorphine), 30 grams (1.1 oz) of cocaine
or morphine
, 250 grams (8.8 oz) of methamphetamine
, or 500 grams (17.6 oz) of cannabis
faces mandatory capital punishment
, as they are deemed to be trafficking in these substances. The stated quantities are the net weight of the substances after they have been isolated by laboratory analysis. Between 1991 and 2004, 400 people were hanged in Singapore, mostly for drug trafficking, one of the highest per-capita execution rates in the world.
Law of Singapore
The legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes...
is a common law system, the criminal law of Singapore is largely statutory in nature. The general principles of criminal law, as well as the elements and penalties of common criminal offences such as homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
, theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
and cheating
Cheating (law)
At law, cheating is a specific criminal offence relating to property.Historically, to cheat was to commit a misdemeanour at common law. However, in most jurisdictions, the offence has now been codified into statute....
, are set out in the Penal Code
Penal Code (Singapore)
The Penal Code of Singapore sets out general principles of the criminal law of Singapore, as well as the elements and penalties of common criminal offences such as homicide, theft and cheating...
. Other important offences are created by statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act
Misuse of Drugs Act (Singapore)
The Misuse of Drugs Act is a national drug control law classifying substances into three categories, Classes A, B, and C. Section 44 provides that "The Minister may, by an order published in the Gazette" add, remove, or transfer drugs among the classes...
and Vandalism Act
Vandalism Act (Singapore)
The Vandalism Act is a statute of the Parliament of Singapore that criminalizes a number of different acts done in relation to public and private property, namely, stealing, destroying or damaging public property; and, without the property owner's written consent, writing, drawing, painting,...
.
In addition, there is a perception that Singapore society is highly regulated through the criminalization of many activities which are considered as fairly harmless in other countries. These include failing to flush toilets after use, litter
Litter
Litter consists of waste products such as containers, papers, wrappers or faeces which have been disposed of without consent. Litter can also be used as a verb...
ing, jaywalking
Jaywalking
Jaywalking is an informal term commonly used in North America to refer to illegal or reckless pedestrian crossing of a roadway. Examples include a pedestrian crossing between intersections without yielding to drivers and starting to cross a crosswalk at a signalized intersection without waiting...
, the possession of pornography
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...
, the sale of chewing gum
Chewing gum ban in Singapore
The chewing gum ban in Singapore was enacted in 1992 and revised in 2004 and 2010. It bans the import and sale of chewing gum in Singapore. Since 2004, only chewing gum of therapeutic value is allowed into Singapore following the United States-Singapore Free Trade Agreement .This law was created...
, and sexual activity; such as oral
Oral sex
Oral sex is sexual activity involving the stimulation of the genitalia of a sex partner by the use of the mouth, tongue, teeth or throat. Cunnilingus refers to oral sex performed on females while fellatio refer to oral sex performed on males. Anilingus refers to oral stimulation of a person's anus...
and anal sex
Anal sex
Anal sex is the sex act in which the penis is inserted into the anus of a sexual partner. The term can also include other sexual acts involving the anus, including pegging, anilingus , fingering, and object insertion.Common misconception describes anal sex as practiced almost exclusively by gay men...
between men. It has been claimed that one of the results of such heavy regulation is that Singapore has one of the lowest incidences of violent crimes in the world. A catchphrase recently used in a police
Singapore Police Force
The Singapore Police Force is the main agency tasked with maintaining law and order in the city-state. Formerly known as the Republic of Singapore Police , it has grown from an 11-man organisation to a 38,587 strong force...
anti-crime campaign was "Low crime does not mean no crime".
Singapore retains both corporal punishment
Corporal punishment
Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
(in the form of caning
Caning in Singapore
Caning is a widely used form of legal corporal punishment in Singapore. It can be divided into several contexts: judicial, military, school, reformatory/prison, and domestic/private....
) and capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
(by hanging
Capital punishment in Singapore
Capital punishment is a legal form of punishment in Singapore. The city-state had the highest per-capita execution rate in the world between 1994 and 1999, estimated by the United Nations to be 1.357 executions per hundred thousand of population during that period. The next highest was Turkmenistan...
) as punishments for serious offences. For certain offences, the imposition of these penalties is mandatory. More than 400 people were executed in Singapore, mostly for drug trafficking, between 1991 and 2004. Statistically, Singapore has one of the highest execution rates in the world relative to its population, surpassing Saudi Arabia
Saudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
. Science fiction
Science fiction
Science fiction is a genre of fiction dealing with imaginary but more or less plausible content such as future settings, futuristic science and technology, space travel, aliens, and paranormal abilities...
writer William Gibson
William Gibson
William Gibson is an American-Canadian science fiction author.William Gibson may also refer to:-Association football:*Will Gibson , Scottish footballer...
famously described Singapore as "Disneyland with the death penalty
Disneyland with the Death Penalty
"Disneyland with the Death Penalty" is an article about Singapore written by William Gibson, his first major piece of non-fiction, first published as the cover story for Wired magazine's September/October 1993 issue ....
".
Criminal law: The Penal Code
For most of the 19th century the criminal law which applied in the Straits SettlementsStraits Settlements
The Straits Settlements were a group of British territories located in Southeast Asia.Originally established in 1826 as part of the territories controlled by the British East India Company, the Straits Settlements came under direct British control as a crown colony on 1 April 1867...
(comprising Prince of Wales' Island (Penang
Penang
Penang is a state in Malaysia and the name of its constituent island, located on the northwest coast of Peninsular Malaysia by the Strait of Malacca. It is bordered by Kedah in the north and east, and Perak in the south. Penang is the second smallest Malaysian state in area after Perlis, and the...
), Singapore and Malacca
Malacca
Malacca , dubbed The Historic State or Negeri Bersejarah among locals) is the third smallest Malaysian state, after Perlis and Penang. It is located in the southern region of the Malay Peninsula, on the Straits of Malacca. It borders Negeri Sembilan to the north and the state of Johor to the south...
) was that of the United Kingdom, insofar as local circumstances permitted. There was little doubt that at the time English common law crimes were recognized in these territories. However, due to problems such as doubts as to the applicability of Indian Acts, in 1871 the Straits Settlements Penal Code 1871 was enacted. It came into operation on 16 September 1872. The Code was practically a re-enactment of the Indian Penal Code
Indian Penal Code
Indian Penal Code is the main criminal code of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law. It was drafted in 1860 and came into force in colonial India during the British Raj in 1862...
.
Over the years, the Penal Code has been amended several times. In 1973 punishments for certain offences were enhanced, and by the Penal Code (Amendment) Act 1984, which came into effect on 31 August 1984, mandatory minimum penalties were introduced for certain offences. A major review of the Code was launched in 2006.
Criminal procedure
Prior to 1870 the law relating to criminal procedure in force in Singapore was found mainly in the Indian Criminal Procedure Act 1852, which was applicable because the Supreme Government of India had power to legislate for the Straits Settlements. After the passing of the Penal Code in 1871, the Indian Act was replaced by the Criminal Procedure Ordinance. However, in general it continued to apply the English system of criminal procedure to the Penal Code. This was subsequently found to be impracticable as the Penal Code had done away with the division of crimes into feloniesFelony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
and misdemeanours
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
. Accordingly, the Criminal Procedure Ordinance 1873 was passed to remedy the situation. The Ordinance also did away with the procedure for indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
s in favour of charges for all criminal offences; and abolished the grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
, and special and common juries.
A new Code of Criminal Procedure was enacted in 1902. The present Criminal Procedure Code was passed by the Legislative Council of the Colony of Singapore on 28 January 1955. All criminal offences under the Penal Code or other statutes are inquired into and tried according to the Criminal Procedure Code.
The Penal Code
The Penal Code
Penal Code (Singapore)
The Penal Code of Singapore sets out general principles of the criminal law of Singapore, as well as the elements and penalties of common criminal offences such as homicide, theft and cheating...
, which is the main statute in Singapore relating to criminal law, has over 500 sections and is divided into the following 24 chapters:
- Chapter I: Preliminary.
- Chapter II: General Explanations.
- Chapter III: Punishments.
- Chapter IV: General Exceptions.
- Chapter V: Abetment.
- Chapter VA: Criminal Conspiracy.
- Chapter VI: Offences Against the State.
- Chapter VIA: Piracy.
- Chapter VII: Offences Relating to the Armed Forces.
- Chapter VIII: Offences Against the Public Tranquillity.
- Chapter IX: Offences By or Relating to Public Servants.
- Chapter X: Contempts of the Authority of Public Servants.
- Chapter XI: False Evidence and Offences Against Public Justice.
- Chapter XII: Offences Relating to Coin and Government Stamps.
- Chapter XIII: Offences Relating to Weights and Measures.
- Chapter XIV: Offences Affecting the Public Health, Safety, Convenience, Decency and Morals.
- Chapter XV: Offences Relating to Religion.
- Chapter XVI: Offences Affecting the Human Body.
- Offences Affecting Life.
- Causing Miscarriage; Injuries to Unborn Children; Exposure of Infants; and Concealment of Births.
- Hurt.
- Wrongful Restraint and Wrongful Confinement.
- Criminal Force and Assault.
- Kidnapping, Abduction, Slavery and Forced Labour.
- Rape.
- Outrages on Decency.
- Chapter XVII: Offences Affecting Property.
- Theft.
- Extortion.
- Robbery and Gang-Robbery.
- Criminal Misappropriation of Property.
- Criminal Breach of Trust.
- Receiving Stolen Property.
- Cheating.
- Fraudulent Deeds and Dispositions of Property.
- Mischief.
- Criminal Trespass.
- Chapter XVIII: Offences Relating to Documents and to Currency Notes and Bank Notes.
- Currency Notes and Bank Notes.
- [There is no Chapter XIX.]
- Chapter XX: Offences Relating to Marriage.
- Chapter XXI: Defamation.
- Chapter XXII: Criminal Intimidation, Insult and Annoyance.
- Chapter XXIII: Attempts to Commit Offences.
The Penal Code defines the elements of each offence and prescribes the maximum, and occasionally also the minimum, penalties for it. The basic form of an offence (commonly referred to as the "simple offence" or, using Latin terminology, as the "offence simpliciter") has the lowest penalties. More serious forms of the offence are defined as separate offences and attract stiffer penalties.
For instance, theft is defined in section 378 of the Code, and section 379 makes simple theft (or theft simpliciter) an offence punishable with imprisonment of up to three years or with fine or both. Section 379A punishes the theft of a motor vehicle or any component part of a motor vehicle with imprisonment of not less than one year and not more than seven years and a fine. Sections 380 and 381 respectively make it offences to commit theft in any building, tent or vessel which is used as a human dwelling or for the custody of property; and, while being a clerk or servant, or being employed in the capacity of a clerk or servant, to commit theft of any property in the possession of one's master or employer. In both cases the penalty is imprisonment of up to seven years and a fine. The most serious theft offence is that of committing theft, having made preparation for causing death or hurt or restraint, or fear of death or of hurt or of restraint, to any person in order to commit the theft, or in order to effect an escape after committing the theft, or in order to retain property taken by the theft. The maximum penalty is imprisonment for up to ten years and caning with not less than three strokes.
An offender is usually charged with the most serious offences that can be established on the facts of the case. On representations being made by the offender's lawyer to the prosecuting authority, the Prosecution may agree to charge the offender with lesser offences provided that he or she agrees to plead guilty to the reduced charges.
Drug trafficking
Narcotics laws established by the Misuse of Drugs ActMisuse of Drugs Act (Singapore)
The Misuse of Drugs Act is a national drug control law classifying substances into three categories, Classes A, B, and C. Section 44 provides that "The Minister may, by an order published in the Gazette" add, remove, or transfer drugs among the classes...
are very strict. Anyone caught with more than 15 gram (0.529109431576679 oz) of heroin (diamorphine), 30 grams (1.1 oz) of cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
or morphine
Morphine
Morphine is a potent opiate analgesic medication and is considered to be the prototypical opioid. It was first isolated in 1804 by Friedrich Sertürner, first distributed by same in 1817, and first commercially sold by Merck in 1827, which at the time was a single small chemists' shop. It was more...
, 250 grams (8.8 oz) of methamphetamine
Methamphetamine
Methamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
, or 500 grams (17.6 oz) of cannabis
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
faces mandatory capital punishment
Capital punishment in Singapore
Capital punishment is a legal form of punishment in Singapore. The city-state had the highest per-capita execution rate in the world between 1994 and 1999, estimated by the United Nations to be 1.357 executions per hundred thousand of population during that period. The next highest was Turkmenistan...
, as they are deemed to be trafficking in these substances. The stated quantities are the net weight of the substances after they have been isolated by laboratory analysis. Between 1991 and 2004, 400 people were hanged in Singapore, mostly for drug trafficking, one of the highest per-capita execution rates in the world.
See also
- Caning in SingaporeCaning in SingaporeCaning is a widely used form of legal corporal punishment in Singapore. It can be divided into several contexts: judicial, military, school, reformatory/prison, and domestic/private....
- Capital punishment in SingaporeCapital punishment in SingaporeCapital punishment is a legal form of punishment in Singapore. The city-state had the highest per-capita execution rate in the world between 1994 and 1999, estimated by the United Nations to be 1.357 executions per hundred thousand of population during that period. The next highest was Turkmenistan...
- Criminal Law (Temporary Provisions) Act (Singapore)
- Law of SingaporeLaw of SingaporeThe legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes...
Selected Singapore criminal statutes
- Misuse of Drugs Act (Singapore)Misuse of Drugs Act (Singapore)The Misuse of Drugs Act is a national drug control law classifying substances into three categories, Classes A, B, and C. Section 44 provides that "The Minister may, by an order published in the Gazette" add, remove, or transfer drugs among the classes...
- Penal Code (Singapore)Penal Code (Singapore)The Penal Code of Singapore sets out general principles of the criminal law of Singapore, as well as the elements and penalties of common criminal offences such as homicide, theft and cheating...
- Sedition Act (Singapore)Sedition Act (Singapore)The Sedition Act is in Chapter 290 of the Statutes of Singapore. It was last revised in 1985.In September 2005, the Sedition Act was first used on individuals when three men, including a teenager, were charged for making seditious and inflammatory racist comments on the Internet.-Seditious...
- Vandalism Act (Singapore)Vandalism Act (Singapore)The Vandalism Act is a statute of the Parliament of Singapore that criminalizes a number of different acts done in relation to public and private property, namely, stealing, destroying or damaging public property; and, without the property owner's written consent, writing, drawing, painting,...