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Review of bail framework to be completed next year

SINGAPORE — The coming review to the bail mechanism — first announced by Law Minister K Shanmugam in the wake of the deadly Sydney siege — is expected to be completed next year, said the Ministry of Law (MinLaw).

SINGAPORE — The coming review to the bail mechanism — first announced by Law Minister K Shanmugam in the wake of the deadly Sydney siege — is expected to be completed next year, said the Ministry of Law (MinLaw).

In response to media queries, a spokesperson said various aspects of the legal framework for bail will be reviewed “to ensure that the regime remains robust and protects public safety, without detaining the accused unnecessarily in remand before trial”.

The ministry will consult relevant stakeholders for the review.

The move was welcomed by lawyers TODAY spoke to. While they felt that conditions for granting bail cannot be too onerous as an accused person is innocent till proven guilty, there was scope for tightening the framework.

On Tuesday evening, Mr Shanmugam said in a Facebook post that he had instructed the ministry to conduct a review, amid revelations that the gunman behind the Sydney siege, Man Haron Monis, was granted bail last December despite facing charges of being an accessory to the murder of his former wife.

The 50-year-old, who was killed when commandos stormed the cafe, also faced more than 40 sexual assault charges and was previously convicted of sending offensive letters to the families of deceased Australian soldiers.

“Understand that the killer was out on bail, while being accused of a serious crime, and had a history. Calls for a careful relook. I have asked MinLaw to review our framework for granting bail,” wrote Mr Shanmugam.

Changes to the bail framework were last passed in Parliament in January 2012 and spelt out situations in which no bail would be granted — for instance, when the accused is charged with a crime punishable by death or life imprisonment.

Under existing legislation, offences are divided into two categories — bailable or non-bailable. For bailable offences, the accused has a right to be granted bail.

Non-bailable offences, however, can be further broken down into crimes punishable by death or life imprisonment, or crimes punishable with alternative penalties. Bail is not allowed for the former, which includes offences such as murder or drug trafficking. As for the latter — which includes crimes such as robbery — the accused may be granted bail at the discretion of the police or the courts.

Criminal lawyer Amolat Singh explained the rationale for awarding bail. “Every person is presumed innocent until proven guilty. Sometimes, the time spent in remand (as investigations continue) may be worth more than the punishment meted out, which could be a fine of S$1,000,” he said. “The default position is that bail should be granted.”

Currently, the court generally takes note of the nature of the crime, as well as the flight risk of the accused, before deciding upon bail, said Mr Singh, founder of Amolat & Partners.

“After what happened in Sydney, I reckon they may relook these factors. There’s no checklist (of considerations for granting bail) right now, but I imagine more factors, like past antecedents and the violent nature of these past crimes, may be included in a checklist,” he said.

Another criminal lawyer, Mr James Lee of law firm Ng, Lee & Partners, felt that other factors — such as the accused’s history of mental illness — should be taken into consideration.

“If they’re known to have mental problems, where they tend to commit similar crimes, threatening or harming others — this can be considered (before granting bail),” he said.

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