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 andVandalism 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, littering, 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.[13] Science fiction writer William Gibson famously described Singapore as "Disneyland with the death penalty".
Criminal law: The Penal Code
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. 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 felonies and misdemeanours. Accordingly, the Criminal Procedure Ordinance 1873 was passed to remedy the situation. The Ordinance also did away with the procedure for indictments 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.
Article Source : Wikipedia
Article Source : Wikipedia