What happens after you plead guilty or claim trial? That said, an accused should still raise all relevant issues at the mitigation plea stage, and the court will decide whether the issues raised affect the validity of the guilty plea. Day Reporting Order: Eligibility and Offender's Obligations, Laws Protecting Informers/Whistleblowers in Singapore, Counterfeit Medicine/Health Products: Redress for Victims in Singapore, Using Your Right to Self-Defence When Attacked in Singapore, Compensation for Crime Victims in Singapore: How to Obtain, Voluntarily Causing Hurt Penalties in Singapore (Non-Arrestable), Murder vs Culpable Homicide in Singapore (and Penalties). In Singapore, depending on the nature of the crime, the court can hand down several different punishments to achieve what it considers appropriate retribution, … After you plead guilty and submit any mitigating factors, the judge will impose a sentence. This can happen if the accused claims that the plea of guilt was not made voluntarily such as due to misunderstanding the charge. Can I Represent Myself in a Criminal Court Case in Singapore and How? What Should You Do If You Witness a Crime in Singapore? it was made by his lawyer instead); Made without understanding the true nature and consequences of his plea; and. Deputy Public Prosecutor). Charged in court / Pleading Guilty What happen when you are charged in court? The information provided does not constitute legal advice. When you plead guilty to a charge, you will attend an open courtroom hearing (sometimes referred to as a Mention) before a Judge and attended by you or your lawyer (if you have engaged one to represent you) and a Prosecuting Officer (e.g. The accused can plead guilty at any point of the criminal proceedings before the judge has made a decision on whether to convict the accused. Appealing a Conviction After Pleading Guilty. The courts have made it clear that an accused person will not be allowed to retract his guilty plea merely at a whim. A CCDC may be applied for by the accused during the PTC wherein the prosecution and accused exchange evidence, and only applies for certain categories of offences listed in the, Second Schedule of the Criminal Procedure Code. or if the plea of guilt was made involuntarily under pressure. or not slowing down at a pedestrian crossing. Other facts include any disagreements with the prosecution’s arguments on sentencing and any factors that are relevant to the sentence (for example, the accused making restitution to the victim in a dishonest misappropriation case). Since joining the firm, aside from a busy general litigation practice, Nakoorsha also engages in regulatory and compliance advisory work for private equity and investment firms. Even if the accused claims trial, he can subsequently inform the court that he intends to plead guilty during the Pre-Trial Conference (PTC) or Criminal Case Disclosure Conference (CCDC, if applicable). The Constitution guarantees criminal defendants certain rights. If the accused fully agrees with the statement of facts and the court is satisfied that the accused understands the nature, consequences and punishment for the offence. She regularly advises corporate and private clients on schemes of arrangement, bankruptcy proceedings, trade disputes, employment disputes and other contractual claims. The problem is that there is no one to protect the defendant’s rights until after the arraignment, unless they had hired an attorney first. Usually, in all criminal matters, after a certain stage, you have to decide between pleading guilty and claiming trial. and pay in advance the fine fixed by the supervising Magistrate. What happens when someone pleads guilty The following will examine what will likely happen after entering a not guilty plea and shed some light on the trial process. He has worked on behalf of many local and overseas clients, in cases that include international…, Nakoorsha set up Nakoorsha Law Corporation after gaining extensive experience in commercial litigation and criminal law practice. If the amount stated in the “offer of composition” is paid, there is no need to enter a guilty plea, and the matter is considered settled. Criminal Breach of Trust (CBT) in Singapore: What is It? If there is insufficient evidence, the judge may find him innocent and acquit him of the charge(s). The Defence of Unsound Mind in Singapore: What is It? After negotiating with the prosecutor, your attorney in some cases may then recommend entering a guilty plea to a lesser charge as part of a plea agreement. Mitigation Plea: How to Plead for Leniency in Court in Singapore, Guide to Filing a Criminal Appeal in Singapore, Criminal Motion: What is It and How to File One in Singapore, Guide to Filing a Criminal Revision in Singapore. Nadia’s practice encompasses Civil and Commercial Litigation, Matrimonial and Syariah Law as well as Criminal Law. If the sentencing judge hears the accused’s arguments for retracting the plea of guilt but nonetheless accepts the plea of guilt and proceeds to sentence the accused, the accused can seek for the conviction to be set aside (i.e. However, the case can still be dropped even after the date is set. Singapore's Drug Laws: Possession, Consumption and Trafficking, Gambling Legally (In Public or Online) in Singapore, The Offence of Human Trafficking in Singapore and Its Penalties, Penalties for Committing Theft in Singapore. Your email address will not be published. Previous convictions: After you have pleaded guilty to the charge and admitted the Statement of Facts, the Prosecutor will tell the Court if you have any previous convictions. Or you can plead not guilty. Privacy Policy, If you would like to understand more about Law and Legal Matters in Singapore and how the issues discussed in this article may affect you, email. Repatriation or Deportation from Singapore: How Does It Work? the charges to be taken into consideration), followed by the mitigation plea of the accused, before passing the accused’s sentence. Is it Legal for Drivers to Carpool in Singapore? With these experiences, she is well-equipped to deliver advice with depth and confidence which is tailored to each and every case distinct. There may, however, be times when a defendant is convinced that pleading guilty is the best long-term choice. After pleading guilty, a defendant can negotiate a plea deal with the judge. Without clear evidence, the accused’s claim is likely to fail, and he  would then be wasting time and costs. Due to how the mistake affected whether the accused had legally committed fraud, the court allowed him to retract his guilty plea. Committing Robbery in Singapore: What are the Penalties? Compounding or Composition of Offences in Singapore, Public Assemblies and Processions in Singapore. Use of this site constitutes acceptance of our Terms of Service and Privacy Policy. After the accused states that he wishes to plead guilty, a statement of facts detailing the offence will be read to the accused. Before the Court decides on and imposes the sentence, you will be given an opportunity to inform the Court of any mitigating factors which you may have. Implications of Pleading Guilty / Not Guilty. Before an Accused decides to plead guilty, he has to fully understand the nature and consequences of his plea. Although we try our best to ensure the accuracy of the information on this website, you rely on it at your own risk. This can happen if the accused claims that the plea of guilt was not made voluntarily such as due to misunderstanding the charge or if the plea of guilt was made involuntarily under pressure. And Other FAQs, Surrender of Passport to the Police and How to Get It Back, Extradition: What If I Flee After Committing Crime in Singapore, The Essential Guide to Bail and Personal Bonds in Singapore, Magistrate’s Complaints, Private Summons and Private Prosecutions in Singapore, Plea Bargaining in Singapore: All You Need to Know. What Happens If You’re Caught Speeding in Singapore? Due to the difficulty in retracting a plea of guilt, the accused may consider claiming trial if he is unsure of whether there is enough evidence to convict him. Judge will impose a sentence you have chosen to plead guilty or not slowing down at whim... 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