The Limitations of Judicial Discretion in Realising Part III of the Bangkok Rules (PID030)

9am – 9.30am EST, 20 February 2025 ‐ 30 mins

Parallel Workshops

Community-based sentencing entered Singapore’s criminal justice landscape in 2006 with the establishment of the Community Court, a development which came about in recognition of the role played by mental disorders and illnesses in criminal/ antisocial conduct, the need for better solutions to the same, and the importance of community involvement in the penal framework to reducing recidivism. The establishment of the Community Court was quickly followed by the repeal and reenactment of Singapore’s criminal procedure code in 2010, which expanded the community sentencing regime so as to allow more offenders the opportunity for rehabilitation via community sentences.
Fifteen years on, what is the sentencing landscape confronting justice-involved women in Singapore? How are the Bangkok Rules’ objectives implemented in practice – particularly the call for alternative, non-custodial measures for justice-involved women (Rules 57 – 62)?
This presentation traces the evolution of community-based sentencing in Singapore from its 2006 roots to present-day practice, highlights key sentencing principles and considerations guiding sentencing courts in Singapore, and discusses the following from the perspective of Part III of the Bangkok Rules: 
 
(i)    In relation to justice-involved women, what factors are regarded as acceptable mitigation allowing for the exercise of judicial mercy via imposition of non-custodial sentences?
(ii)    Do the various Guidelines and Information Notes formulated and published by Singapore’s Sentencing Advisory Panel ‘mesh’ with the best practices identified in the Bangkok Rules?
(iii)    How far can judicial discretion in sentencing be relied upon in realising the spirit of the Bangkok Rules?