Penal Code (Singapore)
The Penal Code 1871 sets out general principles of the criminal law of Singapore, as well as the elements and penalties of general criminal offences such as assault, criminal intimidation, mischief, grievous hurt, theft, extortion, sex crimes and cheating. The Penal Code does not define and list exhaustively all the criminal offences applicable in Singapore – a large number of these are created by other statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act and Vandalism Act. History For most of the 19th century the criminal law which applied in the Straits Settlements (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. Provisions The Penal Code has over 500 sections, and is divided into 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 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. Charge in court The Attorney-General of Singapore's role as the Public Prosecutor is done by the AGC's Crime Division. Prosecutorial discretion grants AGC the power to institute, conduct or discontinue any prosecution at his discretion. In criminal law, it is the role of the prosecution to must prove the case in court against the accused beyond reasonable doubt. In general, an accused offender is usually first charged with an appropriate offence that can be established on the facts of the case. Upon engaging a lawyer (defence counsel), the defence counsel will make written representations without prejudice legally to the prosecuting authority, the Prosecution may then review, exercise his prosecutorial discretion, and consent to amend the charge with lesser relevant offence, a process known as plea bargaining. This is where the defence counsels will engage without prejudice with the Public