Frequently Asked Questions

If there is sufficient evidence to prove that an offence has been committed, the accused person can either be given a warning or charged in court.

The accused person will be given the opportunity to mitigate (i.e. persuade the judge why he should be treated leniently) before he is sentenced.

If an accused person has pleaded guilty to his charge, he can only appeal against his sentence and not against his conviction.

At the end of the trial, the judge will assess the evidence, and determine whether the Prosecution has proven the charge against the accused person beyond a reasonable doubt. If the judge finds that the Prosecution has proven the charge, the accused person will be sentenced. If the judge finds that the Prosecution has not proven the charge, the accused person will be acquitted.

A private prosecution is brought by a private individual to seek redress for a wrong done unto him. If the subject of the prosecution is found guilty and convicted, he will be duly sentenced by the Court, even though the Prosecution was not instituted by the State. A private prosecution is thus “a prosecution by a private individual which, if successful, relies on the state machinery to mete out the sentence imposed”- per Yong CJ, in Cheng William v Loo Ngee Long Edmund [2001] 2 SLR(R) 626. The private individual may conduct the prosecution himself if he does not have a lawyer.

Generally, Singapore does not have extra-territorial jurisdiction to prosecute criminal offences committed overseas. However, such a person may be prosecuted under the laws of the jurisdiction he is in. Also, there are certain offences which have been legislated by Parliament to have extra-territorial effect, for example corruption offences (see: section 37 of the Prevention of Corruption Act) and offences of having commercial sex with a minor under 18 outside Singapore (see section 376C of the Penal Code).

Prosecutors routinely interview witnesses and victims of crime in order to assess the case fully before deciding whether or not to prosecute the accused person. In addition, prosecutors may also interview witnesses and victims of crime before a trial for a better understanding of the evidence that the witnesses and victims of crime are likely to give in court. These interviews are designed to allow prosecutors to acquire a deeper understanding of the facts of the case, and will involve the prosecutors asking some questions in order to clarify what had transpired. The questions asked are not meant to intimidate, and witnesses and victims are only required to relate the relevant events to the extent that their memories allow.

Interviews with prosecutors are usually conducted in the presence of the investigating officer in a meeting room in AGC. Interpreters may also be present where necessary.

If you wish to make a representation, you can email it to AGC at AGC_Crime_Representations@agc.gov.sg.

No. The CCMS applies to cases prosecuted in both the High Court and the State Courts. CCMS sessions for cases prosecuted in the High Court may be arranged through requests to the relevant DPP.

A magistrate’s complaint can be filed by any person who wishes to seek redress for an offence they believe has been committed against them. This can be done without any email or approval from AGC. The manner in which a magistrate’s complaint may be filed can be found at the State Court’s website.