5. Prosecutorial considerations
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5.1 Police procedures

5.1.1 When do the police get involved in domestic disputes or legal actions?

There are various avenues to alert the authorities/police (https://www.msf.gov.sg/policies/Strong-and-Stable-Families/Supporting-Families/Family-Violence/Pages/default.aspx):

  1. dial 999/visit the neighborhood police post
  2. dial/visit a Family Service Centre (run by the Ministry of Social and Family Development)
  3. request to stay at a crisis shelter (through the police or Family Service Centre)
  4. dial/visit PAVE Integrated Services for Individual and Family Protection Specialist Centre or Trans Family Services, they provide information and referral services, Personal Protection Order assistance and casework and counselling
  5. dial the AWARE Hotline to make an appointment

Overall, this would be governed by the CPC (Chapter 68, 2012 Rev Ed). If the police officer has reason to suspect that an arrestable offense has been committed, they must investigate and if appropriate, arrest the offender and report the case to the public prosecutor (Section 17 of the CPC). If it is a non-arrestable offense, the police officer must investigate the case and record their reasons if they decide not to investigate the case (Section 16 of the CPC).

If the offense is arrestable in nature, the police can arrest without a warrant. If not, the police must obtain a warrant of arrest from the court. The definition of "arrestable offense" and "arrestable case" under the CPC, respectively, an offense for which and a case in which a police officer may ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law.

Relevant (non-exhaustive) arrestable offenses in the Penal Code (third column of the First Schedule of the CPC):

  1. Section 73, Enhanced penalties for offenses against domestic workers
  2. Section 74A, Enhanced penalties for offenses against vulnerable persons
  3. Section 74B, Enhanced penalties for offenses against person below 14 years of age
  4. Section 323A, Voluntarily causing hurt which causes grievous hurt
  5. Section 324, Voluntarily causing hurt by dangerous weapons or means
  6. Section 325, Voluntarily causing grievous hurt
  7. Section 335A(5)(a), Allowing neglect or physical or sexual abuse of domestic worker or vulnerable person where death is caused
  8. Section 335A(5)(b), Allowing neglect or physical or sexual abuse of domestic worker or vulnerable person where death is not caused

Relevant non-arrestable offenses in the Penal Code:

  1. Section 323, Voluntarily causing hurt
  2. The police have also taken steps to facilitate social support to victims of family violence (https://www.police.gov.sg/media-room/news/20200514_others_enhancing_police_response_to_combat_family_violence)
5.1.2 What circumstances effect law firm involvement?

Where a person is arrested, they must be informed as soon as may be of the grounds of their arrest and must be allowed to consult and be defended by a legal practitioner of their choice. (Section 9(3), Constitution of Singapore).

Courts have interpreted Section 9(3) that the accused has to be given access to legal counsel "within a reasonable time after their arrest" (James Raj s/o Arokiasamy v. Public Prosecutor [2014] 3 SLR 750).

This applies to both arrestable and non-arrestable offenses.

5.2 Standard of proof

5.2.1 Is proof required by any legal means?

 This question is addressed below in relation to the questions on requirements for evidence, documents and standard of proof.

5.2.2 Are there any requirements regarding evidence and documents?

The CPC and the Evidence Act (Chapter 97, 1997 Rev Ed) are the main legislation governing evidence for criminal cases.

CPC

1. Division 2 – Search and seizure governs when a search warrant can be issued, the powers of police officers and other persons issued with a search warrant when conducting a search and the seizure of property.

2. A search warrant can be issued to another person who is not a police officer (Section 28(1) of the CPC).

3. A court may issue a search warrant if, among others, it considers that a search will serve the purposes of justice or of any investigation, inquiry, trial or other proceeding under the CPC (Section 24(1)(c) of the CPC).

4. A court may issue a search warrant for wrongful confinement of a person (Section 30 of the CPC).

5. A police officer investigating an arrestable offense may search without a search warrant if (Section 34(1) of the CPC):

(a) they considers the thing necessary for their investigation and if they have reason to believe that a person who has been issued with an order to produce the document or thing will not or is unlikely to produce it

(b) they have reason to believe that the thing that they considers necessary for their investigation is likely to be removed

(c) it is not known who possesses the thing that they consider necessary for their investigation

6. The occupier/any person in charge of a place must allow the police officer free entry and provide all reasonable facilities for executing a search under Division 2 of the CPC (Section 31(1) of the CPC).

7. If free entry cannot be obtained, then the police officer may break down the door or use any other reasonable means to gain entry (Section 31(2) of the CPC).

8. Part XIV, Division 2, Admissibility of certain types of evidence.

9. Any statement of an accused may be admitted as evidence in court, unless (Section 258(1)):

(a) the statement was made to a police officer below the rank of sergeant (Section 258(2))

(b) if the statement appears to have been caused by inducement, threat or promise in reference to the charge from a person in authority, which would give the accused reasonable grounds for supposing that they would gain advantage or avoid any evil in reference to the proceedings against them (Section 258(3))

10. The court may draw relevant inferences from a failure to mention a fact that the accused relies on later in their defense, if such a fact was something that they could reasonably be expected to mention when questioned. (Section 261(1))

11. The court can draw such inferences to determine: (a) whether to commit the accused for trial (Section 261(1)(a)) (b) whether there is a case to answer (Section 261(1)(b)) (c) whether the accused is guilty of the offense charged (Section 261(1)(c))

Evidence Act

1. Burden of proof lies with the prosecution to prove its case (Section 103(1) of the Evidence Act).

2. The burden of proving the existence of circumstances bringing the case within any of the general exceptions in the Penal Code or within any special exception or proviso contained in the Penal Code is on the accused, and the court will presume the absence of such circumstances (Section 107 of the Evidence Act).

5.2.3 Is proof "beyond a reasonable doubt" required?
Yes, for criminal cases. (Halsbury's Laws of Singapore, Evidence (Vols. 10 and 10(2)), [120.365]). A bare denial or a bald assertion can seldom constitute reasonable doubt. A fanciful or remote possibility is not a reasonable doubt.
5.2.4 Is the standard of proof different for ex parte orders?

Ex parte originating summons are usually used in domestic violence for an application of a Protection Order or Expedited Protection Order under the PHA (Chapter 256A, 2015 Rev Ed), the Women's Charter (Chapter 353, 2009 Rev Ed) or the Vulnerable Adults Act 2018.

PHA

1. For a Protection Order, the court has to be satisfied on a balance of probabilities (Section 12(1) and (2) of the PHA).

2. For an Expedited Protection Order, the court has to be satisfied that there is at least some evidence that (Section 13(1) of the PHA):

  1. respondent has contravened Sections 3, 4, 5 or 7 in respect of the victim
  2. contravention is likely to continue, or the respondent is likely to contravene imminently
  3. the contravention, if continued, is likely to have a substantial adverse effect on the victim or their day to day activities
  4. it is just and equitable for the protection order to be made on an expedited basis

Women's Charter

  1. If the accused is a family member per the definition of "family member" in Section 64 of the Women's Charter, an application may be made for a Protection Order (Section 65(1)) or an Expedited Order (Section 66(1)).
  2. For a Protection Order (Section 65(1)), the court must be satisfied on a balance of probabilities that family violence has been committed or is likely to be committed against a family member and that it is necessary for the protection of the family member.
  3. For an Expedited Order (Section 66(1)), the court must be satisfied that there is imminent danger of family violence.

Vulnerable Adults Act

1. If the person is 18 years and older, and by reason of mental or physical infirmity, disability or incapacity, incapable of protecting himself or herself from abuse, neglect or selfneglect, then they would fall under the provisions of the Vulnerable Adults Act.

2. The court can order:

  1. that a person who is abusing, is likely to abuse or has previously abused the vulnerable adult is restrained from further abuse (Section 14(1)(e))
  2. that the vulnerable adult has the right of exclusive occupation of the premises or a specified part of the premises in which the vulnerable adult ordinarily resides, to the exclusion of the abuser or any other person (Section 14(1)(f))
  3. to prohibit a person from entering and remaining in, for a specified period, an area outside the vulnerable adult's place of residence or any other place frequented by the vulnerable adult (Section 14(1)(g))
  4. to prohibit a person from visiting or communicating with the vulnerable adult (Section 14(1)(h))

3. Provided that the court is satisfied on a balance of probabilities that the person making the application has reason to believe that (Section 12(1) and Section 14(1)):

  1. the vulnerable adult has experienced, is experiencing or is at risk of, abuse, neglect or selfneglect
  2. the order is, or the orders are, necessary for the protection and safety of the vulnerable adult

4. The court can also make an expedited order for Section 14(e)-(h) if the court is satisfied on a balance of probabilities that the vulnerable adult is experiencing, or is in imminent danger of, abuse, neglect or selfneglect (Section 15(1)).

5. The court may make the expedited order even if it is not served on the abuser or on the respondent within a reasonable time before the hearing of the application, or where it has been served, when the respondent does not appear at the hearing of the application (Section 15(2)).

5.3 Affirmative defenses

5.3.1 Are affirmative defenses available to the accused?

There are general defenses available in the Penal Code (Chapter 224, 2008 Rev Ed) under Chapter IV that applies to all offenses:

1. Mistake of fact: Nothing is an offense if the accused did it by reason of a mistake of fact or in ignorance of a fact in good faith believes himself/herself to be bound or justified by law in doing it (Section 79(1)).

2. Unsound mind: Nothing is an offense if the person at the time of doing it by reason of unsoundness of mind is (Section 84):

  1. incapable of knowing the nature of the act
  2. incapable of knowing that what they is doing is wrong (whether wrong by the ordinary standards of reasonable and honest persons or wrong as contrary to the law)
  3. completely deprived of any power to control their actions

3. Intoxication: Nothing is an offense if by reason of intoxication the accused (Section 85(2)):

  1. did not know what they were doing
  2. did not know that such act or omission was wrong (whether wrong by the ordinary standards of reasonable and honest persons or wrong as contrary to the law)
  3. the state of intoxication was caused without the knowledge or against the will of the accused
5.3.2 Is willful intent required?

The fault element depends on the offense that the accused is charged with, it refers to any state of mind, proof of which is needed to establish liability under that offense, including but not limited to intention, willfulness, knowledge, rashness and negligence (Section 22A(1) of Penal Code).

Some offenses do not require a fault element (i.e., strict liability offenses).

  1. There are defined as: for every physical element of the offense, there is no corresponding fault element (Section 26H(1) of the Penal Code).
  2. An offense may be a strict liability offense even though it is not expressly described by written law (Section 26H(3) of the Penal Code).
It is a defense for any person charged with a strict liability offense to prove that in committing all the acts or omissions that are physical elements of the offense, they exercised reasonable care (Section 26H(4) of the Penal Code).
5.3.3 Are false accusations punishable for the victim?

There are several offenses in the Penal Code that govern providing false information:

1. Furnishing false information: where victim provides false information that they knows or has reason to believe to be false (Section 177(1)), it is punishable:

  1. with up to six months' imprisonment a fine of SGD 5000 or both
  2. with a fine up to SGD 10,000

2. False information with intent to cause a public servant to use their lawful power to the injury of another person: where the victim provides false information that they knows or has reason to believe to be false, intending to cause or knows it to be likely that it will cause the public servant to exercise their lawful power to the injury or annoyance of any person (Section 182). This is punishable with imprisonment of up to two years, a fine or both

3. Giving false information with respect to an offense committed: where the victim had knowledge or had reason to believe that an offense has been committed, and gives information with regard to that offense that they know or believes to be false (Section 203). This is punishable with imprisonment up to two years, a fine or both.

5.3.4 How is consent discussed in the law?

There are a few general defenses in the Penal Code that relate to consent:

  1. Governs what constitutes as consent in the Penal Code (Section 90).
  2. Nothing is an offense if the act was not intended and was not known to be likely to cause death or grievous hurt, and the victim had given consent, whether express or implied to suffer that harm (Section 87).
  3. Nothing is an offense if the act was not intended to cause death, and it was done in good faith, and the victim had given consent to suffer that harm or take the risk of suffering that harm (Section 88).
  4. Nothing is an offense if the act was done in good faith for the benefit of a person under 12 or of unsound mind, if their lawful guardian gave consent on their behalf to suffer that harm (Section 89).
  5. Nothing is an offense if the act was done in good faith for the benefit of the person even without the person's consent, if it was impossible for the person to signify consent, or the person was incapable of giving consent, and had no lawful guardian to obtain consent from in time for the act to be done (Section 92).
5.3.5 Is self-defense or insanity a defense?

Self-defense is a full defense: exercising the right of private defense (Section 96 of the Penal Code).

Preconditions:

  1. The defender must have been the subject of an offense (Section 97).
  2. There must be no reasonable recourse to public authorities (Section 98(2)).

Elements to establish private defense:

  1. Accused had reasonable belief of danger (Section 101(1)): This reasonable belief of danger can extend to other persons and their property (Section 101(1) and Section 104(1)).
  2. The accused acted within the duration of the right of private defense (Section 101(2)). Section 102 (private defense of body) and Section 105 (private defense of property): conditions where the right of private defense extends to causing death.
  3. No more harm was inflicted than was reasonably necessary (Section 98(1)).

Unsoundness of mind (insanity) is a full defense (Section 84 of the Penal Code).

Nothing is an offense if the person at the time of doing it, by reason of unsoundness of mind, is:

  1. incapable of knowing the nature of the act
  2. incapable of knowing that what they are doing is wrong (whether wrong by the ordinary standards of reasonable and honest persons or wrong as contrary to law)
  3. completely deprived of any power to control their actions
5.4 Witness status

5.4.1 What is a witness's duty to testify honestly and completely?

Giving false evidence: Whoever, being legally bound by an oath or by any express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement that is false and that they either know or believes to be false, or does not believe to be true, is said to give false evidence (Section 191 of the Penal Code).

If false evidence is given at any stage of judicial proceeding, they can be imprisoned for up to seven years and liable to a fine, and if false evidence is given in any other case, they can be imprisoned for up to three years and be liable to a fine (punishable under Section 193).

Using evidence known to be false: Whoever corruptly uses or attempts to use as true or genuine evidence any evidence that they know to be false or fabricated, will be punished in the same manner as if they gave or fabricated false evidence (Section 196).

False statement made in any declaration that is, by law, receivable as evidence: Whoever, in any declaration that is made to any court of justice or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement that is false and that they either know or believes to be false, will be punished in the same manner as if they gave false evidence (Section 199).

Intentional omission to give information of an offense by a person bound to inform: Whoever, knowing or having reason to believe that an offense has been committed, intentionally omits to give any information respecting that offense, which they are legally bound to give, will be punished with imprisonment for a term that may extend to six months, or with a fine, or both (Section 202).

Giving false information respecting an offense committed: Whoever, knowing or having reason to believe that an offense has been committed, gives any information respecting that offense that they know or believes to be false, will be punished with imprisonment for a term that may extend to two years, or with a fine, or both (Section 203).

5.4.2 Who may abstain from testifying in certain situations?

Situations in which the witness can abstain from testifying:

  1. Where the accused gives evidence, they cannot be asked any question that reveals to the court that (Section 122(4) of the Evidence Act):
  1. they have committed or has been charged with or convicted or acquitted of any offense other than the offense charged
  2. that they are, generally or in a particular respect, a person of bad disposition and reputation

Situations in which the witness must still testify:

  1. All persons must be competent to testify unless the court considers that they are prevented from understanding the questions put to them or from giving rational answers to those questions by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind (Section 120 of the Evidence Act).
  2. In criminal proceedings against any person, the husband or wife of such person respectively must be a competent witness (Section 122(2) of the Evidence Act).
A witness must not be excused from answering any question upon the grounds that the answer may incriminate such witness or expose the witness to a penalty or forfeiture of any kind (Section 134(1) of the Evidence Act). However, Section 134(2) prevents the answer given by the witness subjecting them to arrest or prosecution or proving against them in any criminal proceedings, except a prosecution for giving false evidence.
5.4.3 What potential "excuses" can a witness raise to refuse to testify in a domestic violence action?
There does not appear to be any special exceptions for witnesses in a domestic violence action. To be excused from testimony per Section 120 of the Evidence Act, the court has to deem that the witness is unable to understand the questions put to them or is unable to give rational answers to those questions.
5.4.4 What is the impact of domestic violence on witnesses who are children?

This question is addressed below through the questions on whether children can testify and the penalties if the victim is a child.

5.4.5 Can children be called upon to testify?

Yes, per Section 120 of the Evidence Act. All persons must be competent to testify unless the court considers that they are prevented from understanding the questions put to them or from giving rational answers to those questions by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.

Hence, unless the court deems that the child is unable to understand the questions asked or is unable to provide rational answers to those questions, children can be called upon to testify.

Per Section 62A(1)(a) of the Evidence Act, if the proceedings are not criminal proceedings, and if the witness is below 18 years of age, they may, with the leave of the court, give evidence through a live video link.

Per Section 153(1) of the Women's Charter, if the accused is charged with an offense under Part XI of the Women's Charter, or with section 354, 354A, 375, 376, 376A, 376B, 376C, 376D, 376E, 376F, 376G or 377B of the Penal Code in respect of any woman or girl, the court may order all proceedings to be dealt with in camera.

  1. Section 153(2): If such an order is made, the court will not be an open court, and the court can order that no person will have access or remain in the court unless they are necessary for the purpose of the proceedings.
  2. Section 153(3): If the offense referred to in Section 153(1) was committed on a girl under 16, the court must order any proceedings to be dealt with in camera.
5.4.6 What is the effect of a child victim on the charges against the offender?

In terms of sexual offenses, there are specific offenses relating to underage victims in the Penal Code that do not require the lack of consent to be proved, or allow consent as a defense.

  1. Section 376A: Sexual penetration of a minor under 16
  2. Section 376AA: Exploitative sexual penetration of a minor above 16 but below 18 years of age
  3. Section 376B: Commercial sex with minor under 18
  4. Section 376E: Sexual grooming of a minor under 16
  5. Section 376EA: Exploitative sexual grooming of a minor above 16 but below 18 years of age
  6. Section 376EB: Sexual communication with a minor below 16
  7. Section 376EC: Exploitative sexual communication with a minor of or above 16 but below 18 years of age
  8. Section 376ED: Sexual activity or image in the presence of a minor below 16 years of age
  9. Section 376EE: Exploitative sexual activity or image in the presence of a minor above 16 but below 18 years of age
  10. Section 377CA: Meaning of exploitative relationship:

(a) Whether the accused's relationship with a person under 18 is exploitative depends on the following factors:

(i) age of the minor

(ii) difference between the ages of the accused and the minor

(iii) nature of the relationship

(iv) degree or control exercised by the accused person over the minor

Section 377CA(2) lists some relationships that are presumed to be exploitative unless the contrary is proved. These include relationships of trust: parent/child; teacher/student; doctor/patient; counsellor/client, etc.

5.5 Penalties and sentencing; penalty enhancements

5.5.1 What are the penalties and sentencing laws for first-time domestic violence offenses?

These depend on what particular offense the offender has been charged with. For a violation of protection orders under the PHA or the Women's Charter, see point 5.5.3 below.

For offenses under the Penal Code, below is a non-exhaustive list along with their range of penalties:

  1. Section 73, Enhanced penalties for offenses against domestic workers — Section 73(1): a court can impose up to twice the maximum punishment for the particular offense that the accused is charged under.
  2. Section 74A, Enhanced penalties for offenses against vulnerable persons — Section 74A(2): a court can impose up to twice the maximum punishment for the particular offense that the accused is charged under, if the accused knew or ought to have reasonably known that the victim was a vulnerable person.
  3. Section 74B, Enhanced penalties for offenses against a person below 14 years of age — Section 74B(2): a court can impose up to twice the maximum punishment for the particular offense that the accused is charged under, if the accused knew or ought to have reasonably known that the victim was below 14 years of age.
  4. Section 323A, Voluntarily causing hurt that causes grievous hurt: imprisonment for up to five years, a fine up to SGD 10,000 or both.
  5. Section 324, Voluntarily causing hurt by dangerous weapons or means: imprisonment for up to seven years, a fine, caning or any combination of these punishments.
  6. Section 325, Voluntarily causing grievous hurt: imprisonment for up to 10 years, a fine or caning.
  7. Section 335A(5)(a), Allowing neglect or physical or sexual abuse of a domestic worker or vulnerable person where death is caused: where death is caused, imprisonment for up to seven years, a fine up to SGD 20,000 or both.
  8. Section 335A(5)(b), Allowing neglect or physical or sexual abuse of a domestic worker or vulnerable person where death is not caused: in any other case, imprisonment for up to four years, a fine up to SGD 4,000 or both.
  9. Section 323, Voluntarily causing hurt: imprisonment for up to three years, a fine up to SGD 5,000 or both.
5.5.2 Are there criminal penalties?

The offenses that are listed in the above point are all criminal and, hence, when convicted, the offenders are liable to a fine, imprisonment or caning.

Violating an existing order of protection also constitutes an offense, for either contempt of court or a criminal offense under the Women's Charter.
5.5.3 What is the result of a violation of an existing order for protection?

PHA

  1. Under Section 16D(4) of the PHA, intentional violation of a Protection Order or an Expedited Protection Order would constitute contempt of court.
  2. Contempt of court is punishable under Section 12(1) of the Administration of Justice (Protection) Act. Where the power to punish for contempt is exercised by the following:
  1. high court of the court of appeal — the accused can be liable to a fine not exceeding SGD 100,000, imprisonment for up to three years or both
  2. High court in relation to contempt in the face of or in connection with any proceedings in a state court, family court or youth court, the accused can be liable to a fine not exceeding SGD 20,000, imprisonment for up to 12 months or both
  3. any other court, with a fine not exceeding SGD 20,000, imprisonment for a term not exceeding 12 months or both

Women's Charter

Under Section 65(8) of the Women's Charter, willful violation of a protection order or expedited order made under the Women's Charter is an offense and is punishable with a fine not exceeding SGD 2,000, imprisonment for up to six months or both. In the case of a subsequent conviction, it is punishable with a fine not exceeding SGD5,000, imprisonment not exceeding 12 months or both.

Vulnerable Person's Act

  1. Under Section 14(10), if a person without reasonable excuse fails to comply with an order made under Section 14(1)(e)-(h), they can be liable for a fine of up to SGD 5,000, imprisonment for up to 12 months or both. If it is for a second or subsequent conviction, they can be liable for a fine of up to SGD 8,000, imprisonment for up to 18 months or both.
  2. Under Section 15(8), if a person without a reasonable excuse fails to comply with an expedited order, they can be liable for a fine of up to SGD 5,000, imprisonment for up to 12 months or both.
5.5.4 What fines and other penalties are imposed besides incarceration and liberty restriction?

The fines range in quantum, as noted in (2) above. Some offenses are punishable by caning, as also noted in (2) above.

5.6 Post-release restrictions

5.6.1 Does the law notify the victim of the offender's release from custody?

No, there is no official registry of prior sex offenders in Singapore.