Author
Prof Kumaralingam Amirthalingam
Organisation/Institution
National University of Singapore, Faculty of Law
Country
SINGAPORE
Panel
Criminal Law
Title
Criminal Justice and the Rule of Law: Singapore’s Narratives
Abstract
The administration of criminal is ultimately about seeking the truth and ensuring that only the guilty are punished. Thus, the prosecutor must act independently with the aim of seeking the truth, and not just to seek a conviction. An accused person is entitled to defence counsel for advice and representation. Where the accused person is unable to afford counsel, the State should provide legal assistance to assist the accused person. Prosecutorial ethics and access to justice are fundamental to the administration of criminal justice and the rule of law. This paper examines Singapore’s narrative of criminal justice and how it has evolved from a commitment to the Crime Control Model to a more balanced approach, integrating elements of the Due Process Model as well as the Human Rights Model. This paper will be in two parts. The first deals with prosecutorial ethics, drawing on drug trafficking cases in Singapore. The Attorney-General as Public Prosecutor has a constitutionally vested discretion “to institute, conduct, or discontinue, any proceedings for any offence.” Its interaction with the constitutional rights of individuals, especially the right to life and the right to equality, has been the subject of considerable litigation in drug trafficking cases which involve the death penalty. The second part deals with access to justice, recognition of the vulnerability of offenders, and the importance of criminal legal aid. Historically, Singapore had opposed the provision of criminal legal aid on philosophical grounds. However, that narrative softened over the years with indirect State subsidy of pro bono criminal legal aid. The momentous shift occurred in 2020 when the Government commissioned a study to establish a Public Defender’s Office, which was set up in 2022. Singapore has also developed a regime of stern warning and diversionary programmes to avoid criminal prosecution in appropriate cases to give offenders a second chance. This evolution of Singapore’s narrative on criminal justice reflects the dynamic interaction between State policies on criminal justice and the rule of law.
Biography
Kumaralingam Amirthalingam is a Professor at the National University of Singapore Law School. He obtained his LLB and PhD (in the field of Criminal Law) from the Australian National University. He researches in the areas of Criminal Law (specializing in public prosecutions) and Tort Law (specializing in medical negligence and economic loss). Kumar has served as Vice Dean of the Law School, Director of the Asian Law Institute, and Chair of the NUS Teaching Academy. He is on the International Advisory Board of Medical Law International and the Editorial Advisory Board of Medical Law Review. He was seconded to the Attorney-General’s Chambers for two years as Senior Director (Research & Policy) and Deputy Public Prosecutor for two years. Kumar has served as Amicus Curiae in the Court of Appeal in two drug trafficking cases; was a member of the Penal Code Reform Committee that introduced major amendments in 2020; and was the consultant to the Ministry of Law advising it on the establishment of the Public Defender’s Office, which was launched in 2022.
