Understanding acquittal in Singapore is crucial for anyone involved in or interested in the legal process, especially in criminal cases. This article delves into the concept of acquittal, outlining its definition, the various ways an individual can be acquitted, and the legal implications that may follow.
Whether you’re navigating a legal challenge or seeking to broaden your knowledge, grasping these key aspects is essential. We’ll explore the types of acquittal, the potential outcomes after an acquittal, and how these legal principles play a vital role in Singapore’s justice system.
What Is Acquittal In Singapore?
In Singapore, an acquittal is a formal judgement rendered by a Court that declares an accused person not guilty of the criminal offence they were charged with. This outcome is known as a Discharge Amounting to an Acquittal (DATA).
When a person is acquitted, it means the prosecution has failed to prove beyond a reasonable doubt that the accused committed the crime. As a result, the accused person is released from the charges, and the prosecution cannot continue to pursue the same charges against them in the future.
The significance of an acquittal lies in its role in ensuring justice within the criminal justice system. It safeguards against wrongful convictions, ensuring that an accused person is only found guilty if the evidence presented is strong enough to meet the burden of proof.
A well-known example of an acquittal in Singapore occurred in September 2020, when domestic helper Parti Liyani was acquitted of theft charges brought by her former employer, Changi Airport Group chairman Liew Mun Leong.
The Court’s decision to issue a DATA in this case underscored the importance of thorough and fair criminal proceedings.
Who Has That Power To DNAA?
Apart from a Discharge Amounting to an Acquittal (DATA), there is another form of discharge known as a Discharge Not Amounting to an Acquittal (DNAA). This occurs when an accused person is temporarily discharged from the charges against them, but unlike DATA, the accused is not fully acquitted.
This means that while the prosecution will not proceed with the charges at that moment, the accused can still be re-prosecuted for the same offence in the future if new evidence or stronger evidence comes to light.
The power to issue a DNAA lies with the Public Prosecutor, who is also the Attorney General in Singapore, as stipulated in the Criminal Procedure Code. According to Section 254(1) of the Criminal Procedure Code, the Public Prosecutor may decide at any stage of a trial to discontinue the prosecution.
When this happens, the Court will stay the proceedings and discharge the accused person. However, the discharge does not amount to an acquittal, meaning the door remains open for the prosecution to pursue the case again if circumstances change.
The role of the Court in granting a DNAA is somewhat limited, as the decision rests primarily with the Public Prosecutor. The Court cannot refuse the Public Prosecutor’s decision to discontinue the prosecution but has the authority to acquit the accused if the evidence presented justifies such an outcome.
One of the biggest DNAA cases in Malaysia that sparked widespread media coverage and public situation speculation occurred in the Kuala Lumpur High Court.
On 7 February 2019, former Prime Minister Najib Razak was granted a DNAA by the High Court on three additional charges of money laundering amounting to RM47 million.
However, this discharge not amounting to an acquittal did not protect him from further prosecution. The very next day, Najib was re-prosecuted at the Sessions Court for the same charges.
Eventually, the case culminated in his conviction on four other charges related to SRC International, including three charges of criminal breach of trust and one of power abuse.
This process is crucial in complex criminal proceedings where evidence may be incomplete or still under investigation, such as in high-profile corruption cases like the SRC International scandal, where additional charges or new evidence may emerge over time.
The ability to issue a DNAA provides the prosecution with the flexibility to manage cases more effectively while ensuring that justice is not compromised. However, it also leaves the accused in a state of legal uncertainty, as they may still face prosecution for the same charges if new evidence is found.
2 Different Ways An Accused Person Can Be Acquitted
In Singapore, an accused person can be acquitted through two main avenues: either due to insufficient evidence to secure a conviction or because the accused is found to be of unsound mind.
These processes ensure that the legal system upholds justice while protecting the rights of individuals facing criminal charges.
#1. Lack Of Sufficient Evidence To Secure A Conviction
One of the primary reasons an accused may be acquitted is the lack of sufficient evidence. In criminal proceedings, the prosecution must prove the accused’s guilt beyond a reasonable doubt.
This means that the evidence presented during the trial must be compelling enough to leave no reasonable alternative explanation for the accused’s conduct other than their guilt.
If the prosecution fails to meet this burden, the judge will issue a judgement acquitting the accused. Scenarios where evidence may fall short include unreliable witness testimony, lack of physical evidence, or inconsistencies in the prosecution’s case.
For instance, in cases involving serious offences like corruption or when there are three additional charges or four other charges against the accused, the absence of credible evidence can lead to an acquittal.
An illustrative example is the case of Parti Liyani, a domestic helper who was initially convicted of theft. Upon appeal, the High Court judge acquitted her after finding that the prosecution’s witnesses lacked credibility and the evidence presented did not convincingly prove her guilt.
The judgement emphasised the importance of a thorough investigation and strong legal representation in ensuring that only those who are truly guilty are convicted.
#2. The Accused Is Found To Be Of Unsound Mind
Another way an accused person may be acquitted is if they are found to be of unsound mind.
Under Singaporean law, a person is considered to be of unsound mind if, at the time of committing the criminal offence, they were incapable of understanding what they were doing, unable to comprehend that their actions were wrong, or unable to control their behaviour.
When an accused person is found to be of unsound mind, they may be acquitted even if they physically committed the criminal act.
However, instead of facing traditional punishment, the individual may be remanded to a psychiatric institution or another secure facility for treatment until they are deemed fit for discharge.
The legal process for determining whether an accused is of unsound mind involves psychiatric evaluations and expert testimony. The Court will rely on these assessments to make a determination.
This process is crucial in cases where mental health issues may have played a role in the accused’s actions, ensuring that those who are not fully aware of their actions receive appropriate care instead of punitive measures.
Does An Acquittal Mean A Person Is Innocent?
An acquittal in a Court of law does not necessarily mean that an accused person is innocent. Instead, it signifies that the prosecution could not prove the case beyond a reasonable doubt. This distinction between legal acquittal and factual innocence is crucial in understanding the outcome of a criminal trial.
Legal Acquittal Vs Factual Innocence
In Singapore, the legal process is designed to establish whether an accused person is guilty of a criminal offence, not to prove their innocence.
An acquittal occurs when the evidence presented during the trial does not meet the high standard required for a conviction. This could happen even if the accused had committed the offence but the prosecution could not present sufficient proof.
For instance, there are generally three outcomes of a trial:
- The accused person committed the crime and is found guilty.
- The accused person committed the crime, but the offence is not proven sufficiently, resulting in an acquittal.
- The accused person is innocent, and therefore, they are acquitted.
In the second scenario, an acquittal does not equate to innocence. It simply means that the Court is not sufficiently convinced of the accused’s guilt. This underscores the principle that the legal system must favour acquitting the guilty rather than wrongfully convicting the innocent.
Public Perception Vs Legal Reality
Public perception often conflates acquittal with innocence, which can lead to misunderstandings about the legal process.
An acquittal might be seen by the public as a definitive statement of innocence, but legally, it only reflects the prosecution’s inability to prove the case beyond a reasonable doubt. This can affect the lives of those acquitted, as they may continue to face stigma and suspicion despite the Court’s judgement.
For example, in high-profile cases, media coverage can shape public opinion, impacting the accused person’s reputation, regardless of the acquittal. The legal reality is that the law prioritises the need for a fair trial, but this does not always translate into public vindication.
Civil Proceedings After An Acquittal
It is also important to note that an acquittal in criminal Court does not necessarily protect an accused person from all legal consequences. While an acquittal means that the person is not criminally liable, they may still face civil proceedings related to the same incident.
In civil cases, the standard of proof is lower than in criminal trials, which means that an individual who was acquitted might still be found liable in a civil Court for damages or other penalties.
For example, a person acquitted of a criminal breach may still be sued in a civil Court for financial damages related to the same incident. This illustrates that an acquittal does not absolve an individual from all forms of legal responsibility.
3 Orders In Singapore That Are Similar To Acquittal
#1. No Further Action
In Singapore, there are several legal orders that resemble an acquittal but are distinct in their implications. These orders typically involve decisions where charges are not pursued or individuals are allowed to avoid prosecution under specific conditions.
“No Further Action” (NFA) is a decision by the authorities not to continue with investigations or prosecutions after reviewing a case. This usually occurs when there is insufficient evidence to support the elements of a criminal offence or when continuing with the case is not deemed to serve the public interest.
For instance, in September 2020, police reports were made against a blogger, Xiaxue, for allegedly intending to wound religious or racial feelings.
After reviewing the case, the Attorney-General’s Chambers (AGC) decided to take no further action, as the offence’s elements were not established beyond a reasonable doubt.
Like an acquittal, an NFA means the individual will not face charges, but the case can be reopened if new evidence emerges. This order effectively closes the case at the current stage but does not preclude future action.
#2. Stern Warning
A stern warning is an official caution issued to individuals who are under investigation for a criminal offence. This warning serves as a formal notice to discourage the person from committing similar offences in the future.
When a stern warning is issued, it means that no further criminal proceedings will be pursued, and the case is considered closed.
For example, if a person is investigated for a minor or first-time offender, they might receive a stern warning rather than facing prosecution. If the individual had been charged before receiving the stern warning, a DATA would typically follow.
Although a stern warning does not involve a criminal conviction, it can have future legal implications. It is a way to address minor offences without resorting to prosecution, but it serves as a record that might influence future legal situations.
#3. Conditional Warning
A conditional warning is issued when an individual must meet specific conditions to avoid further prosecution. This type of warning involves a probationary period during which the person must adhere to certain requirements set by the authorities.
If the person complies with the conditions, they can avoid a criminal record. However, if the conditions are breached, the authorities can reinstate charges and proceed with prosecution.
For instance, if a person is given a conditional warning after being charged with an offence, the Court will issue a DATA only after the conditions are fulfilled. This allows the person to avoid a conviction if they meet the prescribed conditions, but failure to comply could lead to legal action being resumed.
Possible Convictions After A Previous Acquittal
In Singapore, a previous acquittal does not necessarily mean that all legal avenues for prosecution are closed. There are specific circumstances where a person who has been acquitted may face convictions for the same offence or related issues. Here’s a closer look at the potential for convictions following an acquittal.
No “Double-Charging”
The principle of “double-charging” prevents a person from being tried again for the same offence once they have been acquitted. This means that after an acquittal, a person cannot be prosecuted for the same offence on the same facts, nor for a different offence arising from the same facts.
For example, if someone is acquitted of theft as a servant, they cannot be charged again for theft as a servant based on the same facts. However, this does not prevent prosecution for a different offence related to the same event.
If the acquitted person was involved in a robbery during the theft, they could be charged for the robbery even though they were previously acquitted of the theft.
Being Convicted On Appeal
While double jeopardy protects against being tried for the same offence, a person acquitted in a lower Court can be convicted if the prosecution successfully appeals the acquittal. The appeal process allows the prosecution to challenge the acquittal and seek a retrial or review by a higher Court.
In Singapore, the prosecution has specific timelines to file an appeal or a criminal reference:
- Appeal: Must be filed within 14 days from the decision of the Court.
- Criminal Reference: Must be filed within 1 month from the decision of the lower Court.
If these timelines are missed, the acquittal is usually final unless the Court decides that allowing an appeal outside the time limit is in the “interests of justice.” Factors considered include the length of the delay, the reasons for the delay, and the prospects of the appeal.
For instance, in January 2020, a nursing home employee who was initially acquitted of molesting a patient in 2018 was later convicted by the Court of Appeal.
The prosecution successfully challenged the acquittal through a criminal reference, and the Court of Appeal found the prosecution had proved the case beyond a reasonable doubt, resulting in the employee’s conviction.
How Acquitted Person Seeks Compensation For Losses Incurred During Trial?
When an accused person is acquitted, they may seek compensation for losses incurred during the trial, particularly if the prosecution was “frivolous or vexatious.” This compensation can address financial losses, damage to reputation, and other hardships suffered during the legal proceedings.
Legal Compensation Available
In Singapore, an acquitted person has the right to pursue compensation if they can demonstrate that the prosecution acted without reasonable grounds. If successful, the Court may order the prosecution or the complainant to pay up to $10,000 in compensation.
This sum is intended to cover various losses, such as income lost due to the inability to work during the trial, legal fees, or other costs during the trial process.
A notable example is the case of Parti Liyani, a domestic helper who was acquitted of theft charges. After her acquittal, she sought $71,000 in compensation, claiming that the prosecution against her was frivolous and vexatious.
Her claim included costs incurred from being unable to continue working and expenses for her stay in a shelter.
Criteria For Compensation
To qualify for compensation, the acquitted person must meet specific criteria:
- Proving Financial Loss: The individual must show that they suffered a direct financial loss due to the prosecution. This could include lost wages, legal fees, or other expenses incurred during the trial.
- Damage to Reputation: If the trial harmed the person’s reputation, leading to a loss of employment or other opportunities, this damage could also be grounds for compensation.
- Frivolous or Vexatious Prosecution: The person must demonstrate that the prosecution was initiated without sufficient grounds or was conducted in a manner that was unfair or malicious.
Seeking Compensation Through Mediation
Rather than pursuing compensation through a costly and time-consuming trial, mediation offers an alternative dispute resolution method.
Mediation involves both parties working together with a neutral mediator to find a mutually acceptable solution. This process is often faster and less expensive than a trial, allowing for more flexible outcomes.
In Parti Liyani’s case, the judge suggested that she consider mediation with the Attorney-General’s Chambers (AGC) to resolve her compensation claim. Mediation provides a practical approach, especially for those who wish to avoid the additional stress and expense of further legal battles.
Conclusion About Acquittal In Singapore
Acquittal is not just the end of a legal battle. It can have lasting implications for the accused, including possible future prosecutions or compensation opportunities. Being aware of these nuances and knowing how to navigate the legal landscape is essential for safeguarding one’s rights and interests.
If you or someone you know is facing criminal charges or has been acquitted, seeking expert legal advice is paramount. The complexities of the acquittal process, potential appeals, and the pursuit of compensation require professional guidance to ensure the best possible outcome.
At Tembusu Law, we are recognised as some of the best Criminal Defence lawyers in Singapore. We offer comprehensive legal support to individuals and corporate entities accused of various offences.
Whether you are dealing with general, regulatory, or complex corporate crimes, our team is equipped to defend your interests with a holistic action plan that addresses every aspect of your case.
If you are looking for a Criminal Litigation law firm in Singapore, look no further than Tembusu Law. Our experienced Criminal Defence Lawyers are here to provide timely, dependable advice and represent you with your best interests at heart.
From arrest to investigation and Court proceedings, we are committed to guiding you through the criminal justice process with discernment and dedication.
Contact with one of our criminal or mitigation lawyers for a free consultation on your case today. Let Tembusu Law be your trusted partner in navigating the complexities of criminal defence in Singapore.
Frequently Asked Questions About Acquittal In Singapore
What Are Acquittal Reasons?
Acquittal in Singapore can occur for several reasons. One common reason is the lack of sufficient evidence to prove the accused’s guilt beyond a reasonable doubt. Other factors include police misconduct, such as mishandling evidence or failing to follow proper arrest procedures.
Additionally, an acquittal may result from a finding that the alleged perpetrator is legally insane or incompetent to stand trial. A mistrial, where the trial is deemed invalid due to procedural errors or a hung jury, can also lead to acquittal.
Is It Common For The Prosecution To Appeal An Acquittal In Singapore?
While it is possible for the prosecution to appeal an acquittal in Singapore, it is not a common occurrence. The prosecution must demonstrate that there was a significant legal error or that the trial Court’s decision was unreasonable to have the acquittal overturned.
Even if an appeal is filed, the higher Courts are generally cautious about overturning acquittals, as doing so could undermine the finality of judicial decisions and the principle of double jeopardy.
Can An Acquittal In Singapore Be Used As Evidence In A Civil Case?
An acquittal in Singapore generally does not serve as direct evidence in a civil case, as the standards of proof differ between criminal and civil proceedings. In criminal cases, the burden of proof is “beyond a reasonable doubt,” whereas in civil cases, it is based on the “balance of probabilities.”
However, the facts and circumstances surrounding the acquittal may be referenced in civil cases, but the acquittal itself does not automatically negate civil liability.
Does An Acquittal Remove All Criminal Charges From A Person’s Record In Singapore?
An acquittal means that the individual is found not guilty of the charges, but it does not necessarily remove all traces of the criminal charges from their record.
The charges and the acquittal may still be documented in the legal records, which can sometimes affect the individual in future legal or employment matters.
However, the acquittal indicates that the person was not convicted, and they are legally considered innocent of the charges brought against them.
