---
# System prepended metadata

title: 04 Criminal Law & Policy I
tags: [School, Notes, DISM, CLI]

---

---
title: '04 Criminal Law & Policy I'
disqus: hackmd
---

:::info
ST2502 Computer Law & Investigation
:::

Lecture 04 Criminal Law & Policy I
===

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## Table of Contents

[TOC]

Punishments
---
- types
    - death
    - preventive detention
        - 7-20 years for >30 yo, in prison before
    - caning
        - only for men <50 yo
    - imprisonment
    - fine
    - reformative training
        - severe punishment for young offenders 14-21 yo
        - emphasis for repeat offenders
    - corrective training
        - for >18 yo
        - must be fit to undergo
        - repeat offenders
    - probation
        - usually dont count as criminal conviction
        - rehabilitation of young offenders 16-21 yo
    - compensation order to victim
        - imprisonment if payment not made
    - disqualification from driving
    - community sentences
        - eg. psychiatric treatment, comm work orders

### Functions & objectives of punishment
- 4 reasons
    - retribution
    - deterrence
    - prevention
        - incapitation
        - incarceration
    - reformation & rehabilitation
- Eg. teen raped & robbed prostitute gets jail & caning
    - prosecution sought longer jail term due to seriousness of crimes committed with deterrence as main sentencing consideration
    - defence sought reformative training due to age of offender


#### Retribution
- act of punishing for wrongdoing
- theory that there's social equilibrium of duties, responsibilities & interests
- theory that anyone who disturbs this balance of duties & interests shld be held responsible for their actions
    - dealt with severely
- connotes society's hatred of criminal behaviour
- offender shld be suitably punished according o his culpability & seriousness of crime committed

#### Deterrence
- deter - to discourage, restrain
- purpose to discourage commission of similar crimes/offences in future
- may be specific as applying to that particular offender/criminal to discourage him from reoffending
- in wider perspective, may also be general as applying to society or public as whole

#### Prevention
- incarcerate - to confine
    - incapacitate - to deprive/make incapable
- emphasises protection of society from criminals
- necessitates confinement of such criminals away from mainstream society
    - offender locked away so cannot cause further harm

#### Reformation & Rehabilitation
- considers reform & rehabilitation of offender
    - reform - persuade/help person to improve/amend, relinquish or give up what was wrong
    - rehabilitate - help wrongdoer stop his criminal ways
        - change/restore to good condition
- punishment must be sufficient & targeted
- offender might pretend he has made progress in treatment
- once criminal realises errors of his ways & prepared to change for better he can resume norm & useful role in society after paid penalty for his crime
    - SEE: yellow ribbon project

- __Example__
    - yellow ribbon project
    - give ex-convicts chance
    - man wears bib with "2nd chances means not killing them" during yellow ribbon prison run

Crime
---
- any act, default (failure to act) or conduct deemed unacceptable to society as a whole & constitutes an offence & is punishable by law
    - proceedings instituted by state resulting in prosecution in court of law
    - accused is liable to punishment once guilt proven beyond reasonable doubt
- classification of criminal law
    - substantive criminal law
    - procedural criminal law

### Substantive criminal law
- regarded as actual rules of law that forbids act, default or conduct considered crime
    - breach of which attracts the imposing of punishment
- in SG, such rules are principally contained in penal code cap 224 & other statues like computer misuse act cqp 50A & cybersecurity act 2018 (no.9 of 2018)

### Procedural criminal law
- consists of body of rules outlining & detailing formal steps/process taken on any criminal action in court of law
    - may also embody rules of evidence dictating what evidence admissable & what unacceptable
    - focus on procedure
- eg. when can arrest be made w/o warrant?
- contained in criminal procedure code cap 68 & evidence act cap 97

### Sources of criminal law
- major sources
    - penal code cap 224 - substantive law
    - criminal procedure code cap 68 & evidence act cap 97 - procedural law
- case law precedents deriving from SG superior courts are binding
    - indian & english cases highly persuasive
    - these cases apply to both substantive & procedural law

The Penal Code
---
- SG penal code cap 224 based on indian penal code 1860
    - based on eng criminal law of that period
    - penal code consists of 23 parts, subdivided into 511 sections
- is single major source of substantial criminal law
- some prominent offences punishable under code
    - offences affecting body
        - muder, homicide etc
    - offences against property
        - theft, robbery etc
    - imcomplete offences
        - atempts, abetments etc
    - misc offences
        - religion, race, public health, decency, morals etc
- also provides for defenses to offences
    - private def
    - consent of victim
    - necessity
    - accident
    - duress
    - unsoundness of mind
    - intoxication
- also prescribes punishment to accused found guilty
    - ![](https://i.imgur.com/GD5okUx.png)

- updates
    - new cat dealing with emergin crime of cyber-flashing
    - voyeurism addressed directly
    - men can be considered rape victims & peeping toms
    - repeal of marital immunity of rapes
    - decriminalisation of suicide
- Eg. Proposed changes to Penal Code allow men to be considered rape victims, tackle revenge porn


The Criminal Procedure Code
---
- contains bulk of criminal procedure in SG
    - contains 22 distinct parts subdivided into 429 sections
- when police 1st receive info/complaints concerning commission of offence, code needs them to file "First info report" (police report)
    - report triggers police investigation
    - not all complaints received results in prosecutions
        - relatively minor incidents
- code grants police powers of arrest, search & investigation
    - sets out in first schedule a list of offences that are "arrestable" or non-aresstable & which bailable/non-bailable

### Police Officer
- any member of SG police force
    - person employed for police duties under written law in force in sg relating to raising/maintenance of police force or invested under such written law with powers of a police officer

### Arrestable Offences
- offence whr police officer may oridnarily arrest w/o warrant according to 3rd column of First Schedule of CPC
- more srs offences 
    - murder, housebreaking
- police may w/o warrant of arrest, arrest person whom he has reasonable grounds to have committed "arrestable" offence
    - also have auto powers of search if investigating "arrestable" offence
    - empowered to compel witnesses to attend interviews & examine them w/o authorisation from magistrate

### Non-Arrestable Offence
- opposite of arrestable offence

![](https://i.imgur.com/uwftVgy.png)

### Bailable & Non-bailable offences
- accused presumed to be innocent until provn guilty hence law attempts to preserve his liberty during pre-trial period through __bail__
    - bail - release of accused person from custody of police on his giving security/accepting certain specified conditions
- CPC makes distinction between bailable & non-bailable
    - for bailable, accused entitled to be released on bail
    - for non-bailable, police/court has discretion to decide whether to release accused on bail
    - regardless, person will not be able to release on bail if offence is punishable with death/life imprisonment
    - whether bail shld be given is at discretion of court

### Updates to CPC
- CPC 2010 is most significant amendment made since days of Straits Settlements
- amendments include establishing formalised criminal discovery framework for certain criminal trials
    - wide range of comm-based sentencing options for judges
        - mandatory treatment order
        - day reporting order
        - short detention order
- amendments in past 2 years
    - intro to video-recorded statements of vuln victims
    - better protection for victims of sexual crime/child abuse
    - stricter requirements for re-opening concluded criminal cases
    - expand comm sentencing regime
    - make jumping bail an offence
    - change to guidelines for criminal investigations & procedures for criminal hearings/sentencing
        - eg. selected law enforcement agencies (eg. CNB) get investigative powers & removal of possibility of backdating reformative training



###### tags: `CLI` `DISM` `School` `Notes`