SINGAPORE — Convicts who are jailed under a proposed new sentencing regime for serious violent or sexual offences will not necessarily serve a longer sentence than under the current system, provided they show signs that they will not reoffend when released.

Minister of Home Affairs and Law K Shanmugam said this in a pre-recorded interview aired on Monday (Jan 29) to assuage the public's concerns over proposals under the Criminal Procedure (Miscellaneous Amendment) Bill tabled in Parliament earlier this month. 

Among them is a sentencing regime called the Sentence for Enhanced Public Protection, where dangerous criminals convicted of serious violent or sexual offences may be detained indefinitely if they are assessed by a review board to pose a risk to the public after serving a specified minimum jail time.

When the Government first announced in 2022 that it was studying the Bill, it prompted calls from legal experts for safeguards to be put in place to avoid imprisoning such convicts for an excessive period, or even for life. 

Some online users have also questioned if the proposed regime is excessive, arguing that those who have served time deserve a second chance. 

Speaking to the media during the interview at the Ministry of Home Affairs, Mr Shanmugam said it is a misconception that all convicts who are sentenced under this proposed regime will have longer or even indefinite sentences.

He added that convicts may even have shorter minimum sentences since judges no longer have to factor in more jail time based on the odds of them reoffending. 

He also said it is a "misunderstanding" that the proposed regime takes the sentencing decision entirely out of the court’s hands by allowing the Government to override it.

This is because the court has to decide on whether to sentence the criminal under this regime in the first place, he added. 

He explained to reporters that under the proposed law, when a person is first convicted, the court can choose to sentence the person under the current sentencing structure or use the Sentence for Enhanced Public Protection. 

“So it's complete discretion with the court,” Mr Shanmugam said. “If the court decides that this is a suitable case for an enhanced public protection sentence, then you serve a minimum period. At the end of the minimum period, you are considered, assessed by experts.” 

These experts are part of the panel reporting to the Minister of Home Affairs and it will be composed of persons with experience in forensic psychiatry, psychology or the criminal justice system. 

RELEASE BASED ON 'RISK TO SOCIETY'

Mr Shanmugam said that offenders will be assessed by experts with "a very simple objective": Whether they still pose a risk to society, and if society is better off if they remain in prison.

“And then, the decision will be made by the minister based on expert opinions. The question really is: Does this protect the public better? Because the Government’s key duty is to protect the public.” 

Mr Shanmugam added that during the review process, the inmate can make written representations as well, either through themselves, a family member or a lawyer.

"That is then reviewed by the minister, and if you're no longer causing a high risk to society, you can be released."  

And during the time that the convict is in prison, he or she may also be assessed to have rehabilitated and thus no longer be a threat to society. 

"During (a convict’s time in prison), we will also attempt to rehabilitate the person and we will look at the track record of his ability to rehabilitate. If you rehabilitate, you can be released.

"But if you still pose a high risk, then you can continue to be detained and your case will be reviewed every year."

He cited examples of past cases of repeat sexual offenders, who had committed sexual crimes against minors over the course of decades after being released from prison for prior offences. 

"Under the existing framework, when these offenders finish their sentences, they must be released unconditionally, even if they are still a high risk and are likely to reoffend, and then they go on to reoffend and the consequences are and can be tragic," he said. 

"So the idea is for this fairly small number of dangerous offenders who have committed very serious crimes (to be kept) from doing further harm to the rest of society."

PROPOSED LAW COULD MEAN SHORTER JAIL TIME

Mr Shanmugam said that some people may be detained longer than their initial sentences, but it is a misconception that all convicts who are sentenced under this proposed regime will have longer or even indefinite sentences. 

Conversely, some may even be released earlier than if they were sentenced under the current regime. 

For instance, when a sexual offender is being sentenced, a judge may tend to give the offender a longer sentence for fear of him reoffending. 

"Because the judge doesn't know whether (a sentence of) 10 years is safe, or eight years is safe," Mr Shanmugam said.

"(The judge) might say, 'I better put in a much longer sentence based on the court's assessment up front at the time of sentencing', even though that assessment may not be accurate at the time he is to be released."

With the Sentence for Enhanced Public Protection, the judge who is sentencing would have "greater clarity and greater peace of mind" in imposing a shorter sentence or a certain minimum duration for the crime itself, without having to predict the chances of reoffending. 

"(The judge) doesn't need to go for a much longer sentence, knowing that at the end of the minimum duration, the offender can be released depending on whether he has been rehabilitated," Mr Shanmugam added.