Lack of police warrants, extended sentences for sex offenses, and mandatory forensic exams all mooted in Singapore’s new criminal procedure bill.
Singapore’s Ministry of Law and the Ministry of Home Affairs proposed a new bill before Parliament this month which would give authorities greater leeway regarding serious crimes.
The major elements of “Criminal Procedure (Miscellaneous Amendments) Bill 2024” include being able to detain sexual offenders indefinitely if they are still deemed a public threat, the ability for police to search suspects without warrants if necessary, and new rules for forensic medical exams.
Other amendments include allowing suspects on minor charges to be released on personal bond rather than bail and fine-tuning some aspects of pre-trial disclosures.
Law and Home Affairs Minister K. Shanmugam called the latest proposed amendments “very substantive” during a media briefing held on January 10th.
A major aspect of the bill includes the Sentence for Enhanced Public Protection — or Sepp — which would prevent violent or sexual offenders from being released from prison after their jail terms end, particularly if they show signs of reoffending. Offenders would be detained for a minimum term of between five and 20 years and would only be released if assessed to no longer pose a threat.
Sepp would be limited to those who commit offenses such as homicide and attempted murder, as well as serious sexual offenses including rape and penetration of a minor. The law would apply to those who are 21 and over, including both first and repeat offenders. According to queries from The Straits Times, Singapore’s main daily English newspaper, there are currently 200 to 300 violent and serious sexual cases each year in the Southeast Asian city-state.
If an offender is not suitable for release, he or she can continue to be detained indefinitely and even up to life. But their cases will be reviewed annually.
Another element called the Sentence for Public Protection, or SPP, proposes to lower the prison time sentencing threshold from 30 years old to 21 and create a fixed sentencing term for 5–20 years.
Under the SPP guidelines, the Minister for Home Affairs would be allowed to release a prisoner after two-thirds of their sentence is served.
Mandatory forensic exams
Another aspect of the bill calls for those accused in sexual assault cases to take part in a mandatory forensic medical exam during investigations. Those who are requested, but refuse to do so without a viable excuse, may be jailed for up to seven years, fined, or both. The bill also allows for “reasonable necessary force” to be used to obtain the exam but limits the use of force when the exam involves intimate parts or invasive procedures.
“I think it is good to give law enforcement the ability, when circumstances justify, to gather evidence relevant to solving the case,” Stephanie Yuen-Thio, a joint managing partner at TSMP Law Corporation, told The Straits Times. “In fact, it is surprising that they do not have such powers right now, and forensic medical examinations currently need the accused person’s consent.”
While consent will still generally be required, the proposed bill will enable police to waive it if they have “reasonable ground to believe” that victims can’t give consent due to their condition, if a parent or guardian hasn’t given consent or is being investigated, or if any delays would hinder forensic results.
Police searches without a warrant
The new bill would also enable police to search a person without a warrant if they have sufficient reason to believe that a suspect possesses an item needed for an investigation. Under the proposed change, obstructing an officer would be a jailable offense.
Currently, searches without a warrant can only be done if there is reason to believe that a suspect won’t produce such evidence when subjected to an order. Minister Shanmugam claims there is “no downside” to the change because “no one is worse off” when the police conduct a search, regardless of whether they find evidence or not.
The new proposal comes recently on the heels of international criticism last August when UN Human Rights experts urged Singapore to stop its continued executions of those convicted of drug trafficking.
The proposed new bill will have two more readings in Parliament this year. If successful, it will be presented to Singapore President Tharman Shanmugaratnam to sign.
