A Conditional Remission Order (CRO) in Singapore is a crucial element of the criminal justice system. It offers eligible prisoners the possibility of early release under strict conditions.
Understanding CROs is vital for individuals navigating this process, as it directly impacts their reintegration into society and their legal obligations.
In this article, we will explore the process of obtaining a CRO, the specific conditions attached to it, and the serious legal implications of non-compliance. You will gain a clear understanding of how a CRO operates and what it means for those involved in the criminal justice system.
What Is A Conditional Remission Order (CRO) In Singapore?
A Conditional Remission Order (CRO) in Singapore is a legal mechanism under the Conditional Remission System (CRS) that allows prisoners to be released earlier than their scheduled release date, commonly called parole.
The CRO is an order issued by the Commissioner of Prisons and comes with specific conditions that must be adhered to, even after the prisoner is effectively released.
The primary aim of the CRO is to discourage re-offending and encourage ex-offenders to reintegrate into Singapore’s society. The legal framework for this system is outlined in the Prisons Act.
Under the Conditional Remission System, most inmates with good conduct will be released after serving two-thirds of their sentence.
However, during the remission period, which lasts until the end of the original sentence, ex-offenders must follow the conditions set forth in the CRO. Failure to comply with these conditions can result in severe penalties, including the imposition of an enhanced sentence.
The Conditional Remission Order plays a vital role in the criminal justice system by balancing the need for public safety with the rehabilitation and reintegration of ex-offenders.
It ensures that individuals who have shown good conduct can rejoin society while remaining under certain restrictions to prevent re-offending.
Basic Conditions Of A Conditional Remission Order
When a prisoner is granted early release under a Conditional Remission Order, they must comply with the basic conditions outlined in the order.
According to Section 50S of the Prisons Act 1933, these conditions are crucial for maintaining the integrity of the remission system and ensuring that ex-offenders do not pose a risk to public safety.
The key basic conditions of a CRO are:
- No Offences: The individual must not commit any offence during the remission period. This means they must avoid engaging in any illegal activities that could lead to a prison offence, including those related to infectious disease breaches.
- No Convictions and Sentencing: The ex-offender must not be convicted and sentenced to any of the following during the remission period:
- A sentence of imprisonment (excluding a default sentence)
- Reformative training
- Corrective training
- Preventive detention
If an ex-offender breaches these conditions by committing an offence during the remission period, they are deemed to have violated the CRO on the date of the offence.
This breach can result in the imposition of an enhanced sentence, which will not be eligible for the one-third remission. The length of the enhanced sentence cannot exceed the remaining duration of the CRO from the date of the new offence.
Additionally, a selected group of ex-offenders may be required to undergo the Mandatory Aftercare Scheme as supervisees, where they must comply with further conditions beyond the basic ones.
These conditions are designed to provide continued support and monitoring to prevent re-offending and aid in their reintegration into society.
How Do You Get A CRO In Singapore?
In Singapore, a Conditional Remission Order (CRO) is a form of early release granted to prisoners who have demonstrated good conduct and behaviour during their imprisonment.
Typically, a prisoner becomes eligible for a CRO after they have served two-thirds of their sentence. The process of obtaining a CRO is overseen by the Commissioner of Prisons, who assesses whether the individual meets the necessary criteria for early release.
To get a CRO, the following steps are generally involved:
- Eligibility Review: As a prisoner approaches the two-thirds mark of their sentence, prison officers and auxiliary police officers review their behaviour and conduct during imprisonment.
This review determines whether the individual qualifies for a CRO based on their compliance with prison rules and their efforts toward rehabilitation and reintegration into society. - Documentation and Submission: If the prisoner is deemed eligible, their case is forwarded to the Commissioner of Prisons. The necessary documentation, including records of their behaviour, participation in rehabilitation programs, and any other relevant reports, is submitted for evaluation.
- Issuance of the CRO: If approved, the Commissioner of Prisons will issue the Conditional Remission Order. This order comes with specific conditions that the individual must adhere to during the remainder of their sentence outside of prison.
These conditions generally include not committing any offences during the CRO period and avoiding being sentenced to prison, corrective training, reformative training, or preventive detention. - Notification of Conditions: Once the CRO is issued, the prisoner is informed of the conditions they must follow. This includes understanding the basic condition that they must not commit any offence during the remission period.
The prisoner is also made aware that failing to comply with these conditions can lead to serious consequences, such as the imposition of enhanced sentences or even a return to prison.
Eligibility For The CRO
The Conditional Remission Order (CRO) generally applies to regular prison inmates who have served a significant portion of their sentence and have shown good conduct. However, there are specific criteria that must be met, and certain circumstances can disqualify an individual from receiving a CRO:
- Good Conduct: The primary criterion for a CRO is that the prisoner must have displayed good conduct and behaviour during their time in prison. This means adhering to prison rules, participating in rehabilitation programs, and avoiding any offence while incarcerated.
- Length of Prison Sentence: Prisoners who have served two-thirds of their prison sentence are typically eligible for a CRO. However, those with a prison sentence of 14 days or less are generally not entitled to this early release.
- Serious Offences and Breaches: If the prisoner has committed a serious offence while serving their sentence or has previously breached the basic condition of a CRO, they may be disqualified.
- Enhanced sentences imposed due to serious breaches or conditions under the Mandatory Aftercare Order (MAO) can also affect eligibility.
The MAO is part of the Mandatory Aftercare Scheme, designed to support rehabilitation and reintegration into society. It includes conditions such as urine tests, curfews, and mandatory counselling. - Preventive Detention and Corrective Training: Prisoners sentenced to preventive detention or corrective training are not eligible for a CRO.
Instead, they may be released “on licence,” which requires them to follow specific conditions upon release. Failure to comply with these conditions can result in their recall to prison. - Life Imprisonment: For prisoners serving a life sentence, eligibility for a CRO is only considered after they have served at least 20 years of their sentence.
The Minister for Home Affairs reviews such cases to decide whether a CRO should be granted. If the CRO is not issued after 20 years, the case will be reviewed annually to reassess eligibility.
In all cases, the decision to grant or deny a CRO is made based on the individual’s conduct, the nature of their offence, and the likelihood of re-offending. Prisoners are informed if their CRO is forfeited for any reason, ensuring transparency in the process.
When And How Is A CRO Made?
A Conditional Remission Order (CRO) in Singapore is typically made after you have completed two-thirds of your consecutive prison sentence or after 14 days of your sentence, whichever ends later.
This is a crucial point in the imprisonment term when the possibility of early release becomes available, provided that you have displayed good behaviour and adhered to prison regulations.
If you have been sentenced to consecutive prison terms for committing more than one offence, the imprisonment terms for each offence will run one after the other. The CRO will be issued only after you have completed two-thirds of the combined imprisonment term or 14 days, whichever is longer.
In cases where your sentence was enhanced due to breaching a previous CRO or committing a serious breach of a mandatory aftercare condition, the subsequent CRO will be issued only after you have completed both the enhanced sentences.
Additionally, you will be receiving two-thirds of the consecutive prison sentence or 14 days, whichever ends later.
It’s important to note that the time served in prison must be reckonable to count toward the two-thirds or 14-day duration requirement for issuing a CRO. However, certain periods may not be considered reckonable time, such as:
- One-third of any time spent in a punishment cell.
- One-third of any time spent in a hospital is due to your own fault or malingering.
- Any period of remission that was forfeited unless the Superintendent of Prisons restores it.
- Any period of deferment ordered by the President of Singapore due to an offence committed while serving your sentence.
The process of issuing a CRO is not something you can apply for; it is determined by either the Commissioner of Prisons or the Minister for Home Affairs based on your eligibility.
Before your release, the CRO will be issued to you, and its contents will be thoroughly explained. You are required to sign and acknowledge the CRO before being released to ensure that you fully understand the conditions.
What Occurs At The End Of The CRO?
At the end of the CRO, if you have complied with all the basic conditions, the order will simply expire, and you will not be recalled to prison.
This marks the completion of your sentence under the conditional remission, and you can continue your reintegration into society without further obligations related to the CRO.
However, if you breach the CRO, your prison sentence could be enhanced. In such cases, a new CRO will be issued after you have completed the enhanced sentence and two-thirds of the consecutive prison sentence or after 14 days of the new sentence, whichever ends later.
Duration Of A Conditional Remission Order
The duration of a Conditional Remission Order (CRO) is directly related to the remaining period of your original sentence that you would have served if you were still in prison. For instance, if you are released after serving six months of a nine-month sentence, the CRO will last for the remaining three months.
The CRO will typically expire at the end of this remaining period unless there is a reason for an extension.
Extensions can occur in situations where, for example, the Commissioner issues a notice for you to be recalled to prison on a specific date. Still, you fail to comply and return at a later date. In such a case, the CRO may be extended by the amount of time you delay returning to prison.
Consequences Of Violating Basic Condition And Enhanced Sentence In Singapore
In Singapore, the consequences of violating the basic conditions of a Conditional Remission Order (CRO) are severe and can lead to an enhanced sentence.
According to Section 50T of the Prison Act, if a person commits an offence that breaches the basic condition of their remission order, the Court may impose an enhanced sentence and punishment for the offence itself.
An enhanced sentence can include:
Imprisonment for a term not exceeding the remaining duration of the remission order. This is calculated based on the date of the commission of the offence.
Imprisonment for any term, or even for life, if the duration of the remission order extends for the person’s natural life.
If a person commits multiple offences that breach the basic condition, the Court can impose an enhanced sentence for each offence. However, the total length of all enhanced sentences cannot exceed the remaining duration of the remission order, based on the date of the earliest offence committed.
When deciding whether to impose an enhanced sentence, the Court will consider several factors, including:
The gravity of the offence.
Whether the offence is similar to the one for which the person was originally sentenced.
The length of time the person refrained from committing any offences after being released under the remission order.
All other relevant circumstances.
It’s also important to note that any extension of the remission order after the date of an offence will be disregarded when determining the remaining duration of the order.
Any term of imprisonment imposed as an enhanced sentence must also run consecutively to all other terms of imprisonment, ensuring that the additional time is served separately from other sentences.
The Singapore Prison Service takes violations of CROs very seriously. These orders are intended to support the rehabilitation of ex-offenders while maintaining public safety.
Violating the basic conditions leads to further imprisonment and undermines the individual’s opportunity for reintegration into society.
Mandatory Aftercare Scheme
The Mandatory Aftercare Scheme (MAS) is a crucial component of the Singapore Prison Service’s approach to supporting ex-offenders after their CRO ends.
Established under the Prison Act of 1933, the MAS aims to reduce the risk of re-offending by providing structured support, monitoring, and supervision during the critical period after release.
The MAS involves several key elements:
- Enhanced Community Support: Ex-offenders are provided with ongoing community support, including counselling and case management, to help them navigate the challenges of reintegration into society. This support is essential for addressing issues that may lead to re-offending.
- Supervision and Restrictions: The MAS may include a mandatory residential phase, curfew hours, and electronic monitoring to ensure that ex-offenders adhere to the conditions of their release. These measures help to keep ex-offenders accountable and reduce the likelihood of re-offending.
- Step-down Aftercare Support: As ex-offenders progress through the MAS, they gradually gain more independence while still being monitored and supported. This phased approach helps build their confidence and ability to reintegrate successfully.
According to Section 50U of the Prison Act 1933, the MAS applies in certain cases, such as when a remission order is made under Sections 50I or 50J for a prisoner whose sentence exceeds a certain duration or who has a relevant antecedent for the offence.
For ex-offenders who are not subject to an order removing them from Singapore under the Immigration Act, the MAS provides a structured path toward reintegration.
The combination of supervision, community support, and case management helps to address the root causes of criminal behaviour and supports ex-offenders in becoming law-abiding members of society.
Mandatory Aftercare Conditions
The Mandatory Aftercare Scheme (MAS) is an essential part of Singapore’s approach to ensuring that ex-offenders reintegrate into society successfully while reducing the risk of re-offending.
Under Section 50V of the Prisons Act, the Commissioner of Prisons may impose specific conditions as part of the mandatory aftercare for individuals released under a Conditional Remission Order (CRO).
These mandatory aftercare conditions may include:
- Curfew Restrictions: Individuals may be required to remain indoors at their place of residence or any other location specified by the Commissioner during designated curfew hours. This ensures they are in a controlled environment during high-risk periods.
- Restrictions on Movement: Ex-offenders may be restricted in their movements, with specific conditions that limit where they can go and what activities they can engage in. This is especially important in preventing contact with criminal elements or situations that might lead to re-offending.
- Mandatory Counselling Sessions: The individual may be required to attend counselling, therapy, or other rehabilitation activities as specified by the Commissioner.
These sessions are designed to address underlying issues such as addiction, anger management, or other behavioural concerns that could contribute to criminal behaviour. - Electronic Monitoring: The ex-offender may be required to wear an electronic monitoring device, which tracks their whereabouts to ensure compliance with the conditions of their release.
This includes allowing prison officers to enter the residence for the installation, maintenance, or retrieval of electronic monitoring devices. - Urine Tests and Hair Samples: To monitor for drug use, individuals may be required to report and provide urine or hair samples for testing at any time and place specified by the Commissioner. This helps in maintaining a drug-free status among ex-offenders.
- Visits by Prison Officers: The individual must permit visits by the Superintendent or authorised prison officers to ensure compliance with the aftercare conditions and facilitate rehabilitation.
The Commissioner may also vary, cancel, or add to these conditions at any time, depending on the individual’s progress or any emerging risks. These adjustments are communicated through written notices, ensuring that the ex-offender is fully aware of any changes to their aftercare requirements.
Minor And Serious Breach Of Mandatory Aftercare Scheme
Breaches of the mandatory aftercare conditions are categorised as either minor or serious, with each type carrying different consequences under the Prisons Act of 1933.
Minor Breaches
Minor breaches could include missing a scheduled counselling session, returning home slightly after curfew hours, or failing to report for a required urine test without a valid reason. These breaches are considered minor prison offences and are typically addressed through administrative measures rather than severe penalties.
If the Commissioner determines that a minor breach has occurred, the consequences may include a written warning, an extension of the Mandatory Aftercare Order (but not beyond the expiry of the remission order), or variations in the existing conditions.
In some cases, the individual may be recalled to prison for a period not exceeding 10 days at a time, with a cumulative period not exceeding 30 days. During this recall, the individual is deemed to be serving their original prison sentence, ensuring that the time is accounted for.
Serious Breaches
Serious breaches include committing a new offence while under the MAS, tampering with electronic monitoring devices, or repeated violations of the aftercare conditions. Such actions may be considered aggravated prison offences, resulting in more severe legal consequences.
A serious breach of the mandatory aftercare condition is treated as a criminal offence under the Criminal Procedure Code.
Upon conviction, the Court may impose an enhanced sentence, which could include imprisonment for a term not exceeding the remaining duration of the remission order or, in certain cases, life imprisonment.
The length of the sentence is determined by factors such as the gravity of the breach, the individual’s previous good conduct, and the time since their release without re-offending.
For those who commit multiple serious breaches, the Court may impose consecutive enhanced sentences, though the total length cannot exceed the remaining duration of the remission order.
In all cases, the Singapore Prison Service and auxiliary police officers are critical in enforcing these conditions and ensuring compliance.
If an individual fails to report to prison after being recalled for a breach, or if they remain unlawfully at large, they may be arrested and immediately imprisoned for the specified recall period.
The Mandatory Aftercare Scheme is designed to balance the need for public safety with the goal of helping ex-offenders reintegrate into society. By adhering to the conditions and avoiding breaches, individuals can successfully complete their remission period and work towards a crime-free future.
Conclusion About The CRO In Singapore Law
Understanding the CRO in Singapore law is crucial for both individuals facing the possibility of early release and society as a whole. A CRO is a legal mechanism that encourages rehabilitation and reintegration while maintaining public safety.
It’s essential for anyone under a CRO, or those supporting them, to fully comprehend the responsibilities and risks involved.
If you or someone you know is navigating a CRO or facing charges that could lead to one, it’s vital to consult with experienced legal professionals who can guide you through this challenging process.
Tembusu Law, one of the best Criminal Defence law firms in Singapore, offers expert legal counsel and representation. Our team of skilled Criminal Defence lawyers is adept at handling various criminal offences, from general regulatory issues to complex corporate crimes.
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Frequently Asked Questions About The CRO In Singapore Law
Does A Conditional Remission Order Apply To All Prisoners In Singapore?
No, a Conditional Remission Order (CRO) applies only to prisoners who meet specific criteria, such as good behaviour and compliance with prison rules. It may not apply to those serving a life sentence or those convicted of a serious offence.
Are There Specific Court Houses Involved In The Review Of Conditional Remission Orders?
While the Court houses play a role in reviewing serious breaches of a CRO, the initial issuance and conditions are typically managed by the Commissioner of Prisons and the Singapore Prison Service.
Is A Person Under A Cro Subject To Regular Monitoring By Prison Officers?
Yes, prison officers monitor individuals under a CRO to ensure compliance with the conditions. This may include checks at the person’s residence and electronic monitoring.
Can A Conditional Remission Order Be Forfeited For Minor Offences?
A CRO can be forfeited if the individual commits a serious offence or repeatedly violates the conditions. Minor offences may lead to warnings or temporary returns to prison, but not necessarily forfeiture.
Where Can A Person Under A Conditional Remission Order Report If They Breach Conditions?
If a breach occurs, the person may be required to report to a specific prison or police station as directed by the Commissioner of Prisons. The notice will specify the location and time for reporting.
