The accused person will be informed of the sentence imposed by letter.

Any fine so imposed must be paid by the accused person within 7 days from the date on which the courts letter was posted. It should be noted that although the accused person may elect to plead guilty by letter, the Court may direct that there be personal attendance by the accused person. minor traffic and Parking offences For minor traffic and parking offences, an accused person may plead guilty by using the ATOMS [Automated Traffic Offence Management System]. For more information on this, please see the above paragraph, Composition of Offences for Night Courts Cases or access our website at http://www.subcourts.gov.sg in Court When an accused person elects to plead guilty in court, the Prosecuting Officer will read out the Statement of Facts relating to the charge, and state any previous convictions that the accused person may have. The accused person must fully admit to the Statement of Facts before his plea of guilt will be accepted by the Court. The Court will record his plea upon such admission and convict him. Upon conviction, the accused person may make his mitigation plea. The purpose of the mitigation is for the accused person to inform the Court of any relevant factors for consideration before the Court passes sentence on him. The Courts consideration of the sentence will take into account all relevant factors, including the nature of the offence, the facts of the case, the accused persons previous conviction (if any) and the accused persons mitigation plea. Claiming trial In the event the accused person claims trial, his case will be fixed for a Pre-Trial Conference. Trial dates will be fixed when all parties are ready for trial.

sentence of Fine When an offender is sentenced to pay a fine, the Court may impose a default imprisonment term in the event that the fine is not paid. The offender should therefore take the necessary steps to pay the fine immediately. If he is unable to pay the fine in full, he will have to serve the default imprisonment term. If at any point in time while serving the default imprisonment term the offender is able to make payment of the fine, he should inform the relevant officers at his prison immediately so that he may be released upon payment of the fine.

aPPliCation to Pay Fine imPoseD By instalments

An offender may also apply for the fine imposed to be paid in instalments. For more information please refer to the pamphlet on the Fine Instalment Payment System [FIPS].

This pamphlet contains only general information. For more information, please access the website. If you require any legal advice, please consult a lawyer.

Criminal mention Courts suBorDinate Courts

1 Havelock Square Singapore 059724 Website: http://www.subcourts.gov.sg Justice @ the Subordinate Courts

June 2006

A Criminal Mention Court is the first court where an accused person1 in a criminal case will personally have to attend to claim trial, or plead guilty to a charge.2 Criminal Mention Courts include both the day mention courts and the night mention courts [Night Courts]. Night Courts, which were established in April 1992, deal with regulatory and minor traffic offences. Night Courts function during the evening for the convenience of members of the public, so as to assist those who may have to otherwise take a day off from their work.

at tenDanCe at the Criminal mention Courts

Court attendance is compulsory. If the accused person fails to attend court, a Warrant of Arrest may be issued. Furthermore, if he is on bail, his surety will have to attend a Show Cause hearing to explain to the Court why the bail monies should not be forfeited.

aPPliCation to CanCel a Warrant oF arrest

For night Courts cases3 If the accused person has a valid reason for his absence from court and wishes to apply to cancel the Warrant of Arrest issued against him, he will need to submit an application by way of a prescribed Form to the Night Courts (Courts 25N & 26N) counter at the Crime Registry. The prescribed Form can be downloaded from the website http://www.subcourts.gov.sg or obtained from the Night Courts (Courts 25N & 26N) counter at the Crime Registry. The accused person must complete the Form fully and clearly, state the reasons for his absence, and submit the Form with supporting documents [if any]. The application will be considered on its merits and in accordance with the law. For District and magistrate arrest Cases4 For such cases, it is required for the accused person to apply directly, in writing, to the Presiding Judge of the Court which ordered the Warrant of Arrest. The prescribed Form is not applicable for such cases. The application should provide valid reasons for the absence and supported with relevant evidence and copies of documents [if any]. The application will be considered on its merits and in accordance with the law.

The submission of an application for the cancellation of the Warrant of Arrest, whether in the above paragraph, should not be taken to mean that the Warrant of Arrest will automatically be cancelled. The accused person should await the outcome of the Courts decision as well as any directions that may be made by the Court. The application does not operate to stop the execution of the Warrant of Arrest. Until and unless the Warrant of Arrest has been cancelled by the Court, an accused person may be arrested. To avoid the inconvenience and embarrassment of being arrested, it is important for an accused person to attend court as and when required.

The Court may grant an adjournment on such condition(s) as it deems fit. Bail may, or may not be granted, depending on the nature of the charges and the circumstances of each case. For more information on bail matters, please refer to the pamphlet entitled Your Right to Bail. remand Remand is the stage when an accused person is held in custody of the Police pending investigation. In cases where no bail is offered or bail is offered but not taken up, the accused person will be remanded in the Prison until the bail is furnished or the case concluded, whichever is earlier. When the accused person is required to be in remand pending police investigations, the prosecution will make the necessary application to the Court. The Court will decide on the application based on the merits of the application and in accordance with established legal principles. Pleading guilty By Letter (PGL)

ComPosition oF oFFenCes night Courts Cases

For

ProCeeDings at the Criminal mention Courts

Commencement Upon the announcement of the accused persons case number at the Court concerned, the charge and the prescribed punishment will be read and explained to the accused person. The accused person may then choose to either Plead Guilty5 or Claim Trial.6 application for adjournments The accused person or the prosecution may apply to the Court to adjourn [postpone] the case. The application will be considered on its merits and in accordance with the law.

An accused person may compound an offence if composition is offered by the prosecuting agency. Payment should be made before the expiry date of the offer of composition, failing which the accused person will have to attend Court. If convicted by the Court, the Court fine imposed will generally be higher than the amount of composition. Accused persons should therefore check with the respective prosecuting agency for more information on the composition of their offences. For minor traffic and parking offences prosecuted by the Traffic Police, Land Transport Authority, Housing and Development Board and the Urban Redevelopment Authority, the accused person may compound the offence at the Automated Traffic Offence Management System [ATOMS] which is found in all AXS kiosks located islandwide. Payment at ATOMS is made through the ATM card. ATOMS is a convenient way of paying the composition fine. There are more than 350 AXS kiosks that operate 24 hours every day of the week. If the period allowed to compound the offence has expired, an offender can also plead guilty to the offence and pay the court fine using ATOMS.
1

In criminal proceedings, persons alleged to have committed an offence are known as accused persons. They are sometimes also referred to as defendants. The charge is an official document prepared by the prosecution that would include information on the date, time, place and nature of the offence alleged to have been committed by the accused person.

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These are cases prosecuted in the Night Courts. District Arrest and Magistrate Arrest Cases refer to those cases which charges bear DAC or MAC numbers. District Arrest Cases are heard in the District Courts and Magistrate Arrest Cases in the Magistrates Courts.

Plead Guilty means admitting fully and unconditionally to the charge and the Statement of Facts. The Statement of Facts, prepared by the prosecution, contains the circumstances of the offence for which the accused person is alleged to have committed. The Statement of Facts is read to the accused person when he informs the Court that he chooses to plead guilty. Claim trial means disputing the charge with an intention to defend the case. When the accused person claims trial, a date for Pre-Trial Conference (PTC) will be fixed for him. The PTC is held by a Judge in the presence of the prosecutor and the accused person. The PTC is convened to determine if parties are ready to proceed to trial and to crystallize the issues. The PTC also aids in the assessment of the length of trial. If the accused person intends to conduct his own defence, he may wish to refer for information to the pamphlet entitled Conducting A Criminal Case Yourself .

Where in any case relating to an offence punishable by fine, or by imprisonment not exceeding 3 months, or by both and in which a Magistrate has issued a summons, an accused person desiring to plead guilty and be convicted and sentenced in his absence may by letter addressed to the Court plead guilty and submit to pay any fine which may be imposed in respect of that offence. The letter must be addressed to the Court where the case is fixed for mention and provide the postal address of the accused person so that he can be informed of the sentence imposed. The Court may thereupon record a plea of guilty and convict him according to law, and may sentence him to a fine with or without a sentence of imprisonment in default of payment of the fine. 7
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The information of the prescribed punishment is usually found on the charge itself. If unsure, the accused person should liaise directly with the Investigating Officer of the prosecuting agency.