Skip to main content

Advertisement

Advertisement

Judicial decisions cannot be influenced by public opinion: Chief Justice

SINGAPORE — The task of dispensing a “just sentence” is now more challenging, with the expectations of a more discerning and vocal public, but judicial decisions cannot be dictated or influenced by public opinion, said Chief Justice Sundaresh Menon yesterday.

SINGAPORE — The task of dispensing a “just sentence” is now more challenging, with the expectations of a more discerning and vocal public, but judicial decisions cannot be dictated or influenced by public opinion, said Chief Justice Sundaresh Menon yesterday.

Comments and observations are today posted freely on the Internet and print media, and while the judiciary should be aware of public sentiments, there is a “vital difference between the public interest and public opinion”, he said.

The Chief Justice made these remarks as he launched the third edition of a book that sets out sentencing principles, considerations and precedents from cases that have passed through the courts.

The previous edition of Practitioners’ Library: Sentencing Principles in the Subordinate Courts was published in 2003 and there have since been major changes to the Penal Code and Criminal Procedure Code, with new offences created and prosecuted.

The third edition, with contributions by 27 District Court judges, comes in two volumes (S$535, available on LexisNexis’ online bookstore).

Before such a tome became available, defence lawyers might have felt handicapped when going to court, not knowing about relevant cases that had not been recorded, said lawyer Amolat Singh.

“Now all the practitioners, judges and prosecutors are, in this sense, on the same page. Sometimes, we call this the ‘great equaliser’,” he said.

The book also helps lawyers’ clients who may be wondering about the sort of punishment they would get.

“After we share this with them, very often, they actually take a step back, think about their case and, sometimes, they even decide to throw in the towel instead of wasting the court’s time,” said Mr Singh.

In his speech, the Chief Justice said judicial decisions must be transparent, readily accessible, well-reasoned and sound in principle.

Judges have to determine the priority given to each of the four sentencing principles — retribution, deterrence, prevention and rehabilitation — while having regard to the facts presented in each case, he said.

“A decision that appears to be out of line with the precedents can lead to concerns about unfairness and arbitrariness,” he said. “Over time, public confidence and trust in the judiciary risk being eroded.”

Earlier this year, Attorney-General Steven Chong made similar observations about a public that was more willing to question prosecutorial decisions, including decisions on whether to charge.

He said prosecutors should “stand firm upon the shifting sands of public opinion” and stressed the need for consistency in professionalism and assistance to help the courts arrive at fair sentences.

Read more of the latest in

Advertisement

Advertisement

Stay in the know. Anytime. Anywhere.

Subscribe to get daily news updates, insights and must reads delivered straight to your inbox.

By clicking subscribe, I agree for my personal data to be used to send me TODAY newsletters, promotional offers and for research and analysis.