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Introduction
Criminal proceedings seek to answer 2 questions – is the accused guilty of the offence, and what sentence does he or she deserve? We have covered the criminal trial process in respect of the first question (up to the point an accused person is convicted of the charge/s he faces) in a separate article.
This article seeks to explain the process of sentencing in criminal proceedings (the second question) once the Court has ruled that the accused is indeed guilty of the offence and is convicted for it.
An accused person is convicted (found by the Court to be guilty of the offence in question) in 2 situations:
- The accused pleads guilty
a. The charges are read out to the accused, and the accused pleads guilty. Thereafter the Statement of Facts is read out to him. The accused then admits to the facts and is convicted. This will raise the question of what happens after pleading guilty in Singapore.
b. If the accused disagrees with some of the facts, the Court may stand down the case to allow the Defence and the Prosecution to resolve the disagreement. If the disagreement is not resolved and the accused still does not admit to some facts, the plea of guilt is not accepted and the matter proceeds to trial. If the disagreement is resolved and all facts are admitted, the accused is convicted of the offence. - The accused does not plead guilty.
a. He is found guilty only after a full criminal trial.
What then follows the conviction is the sentencing process in criminal courts in Singapore.
We shall cover the 7 steps common to the sentencing process in criminal courts in Singapore. We shall also cover the topic of Newton Hearings briefly. These 8 steps/topics covered in this article are as follows:
- Charges Taken into Consideration (TIC charges)
- Antecedents
- Prosecution’s Submissions on the Appropriate Sentence
- Plea in Mitigation
- Prosecution’s Reply
- Pronouncement of Sentence
- Serving/Postponement of Sentence
- Newton Hearings
1. Charges Taken into Consideration (TIC charges)
Once the accused has been convicted, the Prosecution informs the Court whether there are other charges which they wish the Court to take into consideration for the purpose of sentencing. These charges are known as ‘TIC charges’.
TIC charges are charges which the prosecution did not proceed upon formally with a view to shortening the criminal litigation process and reducing the caseload of the criminal courts. TIC charges also offer an opportunity for the accused person to show his submission to the law – he usually indicates to the prosecution that he intends to plead guilty to some or all of the charges he faces. The usefulness of this scenario is evident when looking at what happens after pleading guilty Singapore with its aim to streamline the legal process. The prosecution then proceeds only on one or some of the charges against him and has the rest of the charges put on hold.
When the TIC charges are read out and explained to him in court, he will be asked whether he admits to the TIC charges and whether he consents to have the TIC charges taken into consideration for the purposes of sentencing. If he agrees, this will have the effect of increasing the sentence meted out to him. If he does not agree, the prosecution reserves the right to proceed on the TIC charges separately. Although agreeing to TIC charges means a higher sentence, it is still less than the sentence the accused may receive if he does not admit it and the prosecution proceeds on the TIC charges separately.
For example, Julian faces 10 counts of theft charges. When Julian indicated that he wanted to plead guilty to the charges, the Prosecution decided to proceed only on 2 charges, with the other 8 charges taken into consideration for the purpose of sentencing. This means that Julian will only be convicted and sentenced on 2 charges, instead of all 10 charges. However, when submitting on the appropriate sentence to be imposed, the Prosecution will ask the Court to consider the fact that Julian has 8 other charges which are being taken into consideration for the purpose of sentencing.
The TIC charges will be explained to the accused person by the interpreter, after which the accused will be asked to indicate whether he admits to the TIC charges and consents to have these charges taken into consideration for the purpose of sentencing. If he refuses to do so, the Judge will not be able to take these charges into consideration and the prosecution may proceed to trial against the accused for the remaining charges.
2. Antecedents
Antecedents refer to a person’s previous criminal records. After addressing the Taken Into Consideration (TIC) charges, the Prosecution informs the Court of the accused person’s antecedents. These records are presented and explained to the accused, and he or she will be asked to confirm if they are accurate. Once the accused agrees, the hearing can progress to the next step – the Prosecution’s submissions on sentencing. However, if there is a dispute regarding the criminal records, a Newton Hearing is required to confirm them. This whole process is a part of what happens after pleading guilty in Singapore.
3. The Prosecution’s Submissions On Sentence
After the agreement on antecedents, the Prosecution will then submit its proposals and arguments about sentencing to the Court. These submissions are based on relevant sentencing precedents, benchmarks, and guidelines available in Singapore’s criminal courts. This forms an integral part of the sentencing process in criminal courts in Singapore after an accused decides to plead guilty.
4. Plea In Mitigation
Following the Prosecution’s submissions on sentencing, the accused or the Defence will be asked to present a mitigation plea to the Court. This plea is the accused person’s chance to argue for a lighter sentence. As part of what happens after pleading guilty in Singapore, the mitigation plea can be made orally or in writing, but it is generally preferable to prepare a written plea. If any elements of the charge are disputed during the plea, the Court might direct the matter to proceed to trial, as a conviction can only be recorded if all elements of the charge are proven or admitted.
In a separate article, we covered the factors which are commonly used by Defences in Singapore in mitigation pleas.
5. Prosecution’s Reply
After you have submitted your mitigation plea, the Prosecution will have a chance to reply.
6. Pronouncement of Sentence
After hearing all arguments by both the Prosecution and the Defence, the Court will decide on the most appropriate sentence. Once the Judge has heard from you and the Prosecution, he will consider and pronounce the appropriate sentence to be imposed. This is an integral part of the sentencing process in criminal courts in Singapore. The pronouncement of the sentence may take place immediately after the mitigation plea is heard, or during a separate hearing later on for the Court to consider matters more carefully.
If the accused person is not satisfied with the sentence, he may file an appeal within 14 calendar days from the pronouncement of the sentence. More information on the Criminal Appeals Process may be found in a separate article.
7. Serving/Postponement of the Sentence
If a sentence of imprisonment is imposed on the accused person, he or she will have to plead guilty and serve the sentence immediately.
However, it is still possible, in some circumstances, to obtain a postponement or deferment of the sentence. Once the sentence has been pronounced by the Court, the accused person should inform the Court immediately of its request for postponement, with valid reasons. If the accused person is on bail, the bailor should be present and consent to the request for postponement.
The Prosecution will then be asked to respond to the postponement request. They have the right to consent or object to the request. Although the Prosecution may very well agree to the request, do take note that it is highly likely that the Prosecution will apply for bail to be imposed (if the accused is not already on bail) or apply for the existing bail to be increased (if the accused is already on bail). If the Court agrees with the Prosecution on bail or increased bail amounts and the accused is not able to raise bail, the sentence will commence immediately.
If the request for postponement is approved by the Court, please be mindful that the Court may also impose other conditions which the accused has to comply with.
Once the postponement period is over, the accused person must surrender to the Court, after which the sentence is served immediately. This is part of what happens after pleading guilty in Singapore.
8. Newton Hearing
A Newton Hearing is a special hearing that may be convened by the Court at any stage of the sentencing process when there is a dispute about facts that may significantly influence the sentence to be imposed on a person following his conviction. These disputes may arise due to conflicting specialist reports, which would modify the blameworthiness of the person, a fact pointed out by the accused person in his mitigation plea that directly contradicts an element of the charges, or even the past criminal records of the person.
The process of a Newton Hearing resembles a trial – the Prosecution and the Defence summon witnesses before closing submissions. At the termination of the Newton Hearing, the Court will declare its decision on the disputed fact. Once the decision is made, the remainder of the sentencing process in criminal courts in Singapore is resumed.
Conclusion
The sentencing process in criminal proceedings may be an incredibly crucial part of the proceedings. It is of great importance for people in trouble with the law to be well-aware of aspects such as actually what happens after pleading guilty in Singapore and other parts of the sentencing process.
This knowledge becomes even more pivotal when it comes to the point when they must plead guilty and engage a layer. Even if you or a loved one intends to plead guilty to charges, an experienced criminal lawyer can help lighten the sentence, especially by highlighting relevant factors in your mitigation plea and conducting the defence professionally through the entirety of the sentencing process. Here at IRB Law, our panel of criminal defence lawyers are equipped to guide you through the stages that begin when you plead guilty, helping secure a lighter sentence.
Do not hesitate to contact us immediately if you ever come in trouble with the law. We’re always available to assist.
Glossary and Key Terms
Conviction: The legal finding by the court that the accused is guilty of the criminal charges brought against them.
Plea of Guilty: When the accused admits to the charges brought against them and accepts guilt for the alleged offence.
Charges Taken into Consideration (TIC charges): Additional charges that the prosecution asks the court to consider during sentencing, even if they were not formally proceeded upon during the trial.
Antecedents: The accused person’s previous criminal records or history of past convictions.
Plea in Mitigation: The accused person’s opportunity to present reasons to the court for a more lenient sentence during the sentencing process.
Prosecution’s Submissions on Sentence: The prosecution’s proposals and arguments on the appropriate sentence for the convicted individual, based on precedents and guidelines.
Pronouncement of Sentence: The court’s decision and announcement of the sentence to be imposed on the convicted person.
Postponement of Sentence: The court’s decision to delay the commencement of the sentence for a specified period, subject to certain conditions.
Newton Hearing: A special hearing convened by the court to resolve disputes about facts that may significantly impact the sentence to be imposed.
Criminal Appeals Process: The process of challenging a court’s decision or sentence through an appeal.
Frequently Asked Questions
Q: What is the sentencing process in criminal courts in Singapore?
A: Once the court has ruled that the accused is guilty of the offence, the sentencing process begins. The process involves determining factors like antecedents, submissions from prosecution and defence, and ultimately applying an appropriate sentence. It is a significant stage especially for those who plead guilty.
Q: What are TIC charges in criminal proceedings?
A: TIC charges are additional charges that the prosecution requests the court to work out during sentencing. These are considered even if they weren’t part of the proceedings during the trial, but become relevant when one decides to plead guilty.
Q: What happens during a Plea in Mitigation when one decides to plead guilty?
A: A Plea in Mitigation offers the accused an opportunity to argue for leniency in sentencing, by disagreeing with the prosecution’s proposed sentencing. It is a key stage in understanding what happens after pleading guilty in Singapore.
Q: Can the accused request a postponement of the sentence?
A: Yes, the accused can request a postponement of the sentence. However, this is subject to the court’s approval and, depending on the situation, bail conditions may be imposed.
Q: What is a Newton hearing during the sentencing process in criminal courts in Singapore?
A Newton Hearing is a special hearing convened by the court to resolve factual disputes that may significantly affect the sentence to be imposed on the convicted person.
Q: How can an experienced criminal lawyer help if I plead guilty during the sentencing process?
A: An experienced criminal lawyer can present strong mitigating factors, challenge inaccurate information, and conduct the defence professionally, aiming to secure a lighter sentence for the accused.
Q: Is it essential to engage a lawyer for the sentencing process in criminal proceedings?
A: Engaging a lawyer is highly recommended for the sentencing process, as they can navigate the complex legal procedures, present a compelling defence, and help secure a fair sentence for the accused.
Q: What happens after pleading guilty in Singapore, in terms of possible outcomes after the sentencing process?
A: After the sentencing process, the convicted person may receive various penalties, such as fines, imprisonment, probation, community service, or a combination of these, depending on the severity of the offence and the circumstances of the case.
