News

Sentencing Guidelines To Be Reviewed 
Posted on Wednesday, September 27, 2006 - 04:00 PM

Chief Justice Chan Sek Keong said that sentencing guidelines for major offences carrying jail terms are being reviewed in order to strike a new balance between punishing and rehabilitating offenders.

Opening the Yellow Ribbon Conference, a conference on the rehabilitation of ex-offenders, the Chief Justice noted that judges were pulled two ways when weighing punishment against potential for rehabilitation. He said the law must provide a rational and principled basis to reconcile these competing tensions. He added that each time a judge decides to punish an offender, he must also ask himself: 'Why punish?', so that he will remember that the punishment 'should achieve a societal purpose and cannot be an end in itself'.

The issue of making the punishment fit the crime last made the news in July 2006, when High Court judge, Justice V. K. Rajah argued for shorter jail terms for offenders who are unlikely to offend again. This was when he cut the jail term of businessman Tan Kay Beng, 41, from 33 months to three months plus a $1,000 fine for theft and criminal intimidation. In giving his reasons, the judge said Tan was not likely to return to criminal activity, given that he was a happily married family man running a small business that depended on his physical presence and know-how.

The text of his speech is below:

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Introduction

It is my pleasure to be here today, and to deliver the Opening Address for the Second Yellow Ribbon Conference.

2. The Yellow Ribbon Project was launched two years ago, to raise public awareness of the difficulties and challenges facing ex-offenders and their families. This initiative has succeeded in doing so, and has also brought the social dimension of our criminal justice system more sharply into focus.

3. Though criminal justice is commonly associated with punishment and deterrence, this project and the conference today bear testimony to the equally significant public interest in the correction, rehabilitation and reformation of prisoners. All Singaporeans have a vested interest in successfully re-integrating ex-offenders into our community. To begin with, rehabilitation plays an important role in maintaining public safety by reducing the incidence of recidivism. At the same time, social acceptance of ex-offenders demonstrates the ability of a mature and caring community to give its members a second chance in the spirit of forgiveness.

A holistic approach to rehabilitation

4. The success of this project requires a close working relationship between all the stakeholders in our criminal justice system. A holistic approach is essential. This involves more than just considering initiatives in the area of rehabilitation alone. On a broader and more fundamental level, the role of rehabilitation vis-à-vis the other objectives of criminal punishment must also be rationalised.

5. The road to rehabilitation starts with the completion of a trial and the sentencing of an offender to some form of punishment. Where the punishment involves the incarceration of the offender, the judge’s primary concern is to make sure that the sentence fits not only the offence, but also the offender. This will in turn entail considerations of retributive or deterrent punishment, but always with an eye on the offender’s potential for correction and rehabilitation. These considerations may sometimes pull a judge in opposing directions. In such situations, our law must provide a rational and principled basis to reconcile these competing tensions.

6. For these reasons, judges should be aware of the reasons for punishing offenders. Each time a judge decides to punish an offender, he must remember to ask himself the additional question: Why punish? This will remind him that the punishment imposed should achieve a societal purpose and cannot be an end in itself. Custodial sentences should be proportionate to the harm the offenders have done to the community, and in conformity with the cultural and moral values of our people. Offenders who are sent to prison should not be left feeling aggrieved because they have been punished unjustly and excessively. This would only hinder the subsequent goal of rehabilitating them.

7. It follows from this that during an offender’s jail term, the punitive element of imprisonment should not overshadow its reformative aspect. Aside from being punished for his past misconduct, an inmate should also be taught responsibility for his future behaviour. Prison officers should not merely be seen as agents of punishment. The corrective value of imprisonment will only be unleashed if these officers additionally provide timely and effective guidance to inmates under their charge. For these reasons, I welcome and applaud the current vision of the Prison Service to be a Captain of Reformed Lives.

8. Apart from reformation, a period of incarceration should also prepare an inmate for his eventual reintegration. Incarceration should return an inmate better equipped to deal with the demands of living in our society. This requires the development of skills and know-how that will be of value when prisoners return to life outside.

9. This year, some 10,000 inmates will be released from prison back into society. We know from long experience that those who cannot find employment are far more likely to return to the cycle of crime. Given that half the prison population receives less than a primary six education, the strategy of the Prison Service has been to invest in training and education to improve inmates’ literacy and numeracy. This provides a new pathway for these prisoners, and enhances their ability to subsequently integrate into the community.

10. However, rehabilitation should not stop there. The imparting of knowledge and skills is a necessary, but not a sufficient, facet of this process. A successful approach to rehabilitation additionally involves the provision of adequate support networks during the post-release period. Prison officers and voluntary service providers need to work hand in hand to develop policies and programs to ease an inmate’s transition from the prison to his home.

11. As some studies have shown, some inmates require a lengthy period of recovery, readjustment and reestablishment after their release. Those who have no immediate family or other support available are invariably released into a social void. These inmates should not be left to “go it alone” after their release. The social and psychological pressures of re-entering society, coupled with the immediate demands of sustenance, may be overwhelming without someone to extend a helping hand or offer a listening ear. I am sure that many of you have ideas on how we can better cater to this need.

12. Efforts should also be taken to minimize the negative effect that imprisonment may have on an inmate’s familial relationships. Imprisonment can be a stressful experience not only for offenders, but also for their loved ones. The period of enforced separation can generate feelings of estrangement that may eventually lead to the breakdown of a family either prior to or following an inmate’s release. The emotional trauma and sense of abandonment which may result can severely impede an offender’s rehabilitation. In addition, concerted efforts are also needed to help prisoners and their families work through the difficult dynamics of reunification.

13. How can family bonds be strengthened during the prison term? How should a parent and child be reunited? Will the stresses of incarceration affect an inmate’s ability to be an effective parent upon his release? These are some of the issues and challenges that will need to be addressed.

Progressive attitudes towards ex-offenders

14. To be successful, these collaborative efforts must be accompanied by a progressive societal attitude towards ex-offenders. Barriers created by entrenched social misconceptions must be overcome. On the one hand, we must teach offenders to accept responsibility for their wrongdoing by educating them on the error of their ways. Yet, at the same time, we should not be quick to judge them for their mistakes, and need to be conscious of why they have taken a wrong turn. In many cases, members of our community would do well to remember the aphorism “There, but for the grace of God, go I”.

15. I recently found out that the community also had a hand in inaugurating the Yellow Ribbon Poem Writing Competition. Volunteers had conducted classes to teach the inmates creative writing skills. This speaks well of these volunteers, who generously gave of their time, and also augurs well for our society. Here, I should also take the opportunity to commend the 9 employers and individuals who will be appointed as this year’s Rehabilitation Ambassadors. Their willingness to hire, mentor and reach out to ex-offenders and their families is highly commendable and worthy of emulation.

16. In the inaugural Yellow Ribbon Poem Writing Competition, inmates and ex-offenders wrote poems about forgiveness, community acceptance and the desire to start afresh. There were over 400 entries in English, Mandarin, Malay and Tamil. This competition was publicised in the media. I was very impressed by the poems that were published. Today, I would like to share the winning poem in the Tamil category with you. This is a translation of the poem, but I am sure that the original is much more moving:

Many a dream she tried to make it a reality
She turned blood to sweat and her love to iron
She showered her endless love on me
What I learned from school wasn’t knowledge to me
My heart and mind took the wrong path
I hated rightness!
And I despised advice!
I basked in my overconfidence!
I disregarded my mother's advice!
I walked the path my feet lead me
I shattered my mother's dream
In the end I drowned in my own tears.

17. This winning poem, titled A Mother’s Dream, was written by a 48-year-old inmate named Ravi in dedication to his late mother, whom he felt he had let down. Ravi is currently serving a six-year jail term for drug-related offences and should be released in about 3 years’ time. Like Ravi, many of the other inmates felt the need to express their great sense of regret about the wrongs they have done and their alienation from society. Through their poems, they shared their fear for the future and their hope for forgiveness and community acceptance.

18. A mature and civilised society must adopt a compassionate approach towards newly released prisoners as they struggle to reconstruct their lives. These ex-offenders have already been punished for their mistakes in accordance with the law. They should not be condemned forever. The community holds the key to unlock the second prison in which societal prejudice and fear of rejection continue to confine them.

19. In this regard, the Yellow Ribbon Project has been extremely successful in educating the public on the need to give ex-offenders a second chance. A recent public survey showed that 9 out of 10 people are aware of the Yellow Ribbon Project and its objectives, and that the public has shown healthy levels of acceptance towards ex-offenders.

Conclusion

20. Not too long ago, it would have been difficult to find an opportunity where researchers, practitioners and policy makers could gather to share their insights on rehabilitation and aftercare programs for ex-offenders. Today, that is no longer the case. The formation of the CARE Network has undoubtedly played a vital role in bridging the gap between these agencies. In addition, I am happy to learn that a number of these aftercare positions have been filled by ex-offenders.

21. This conference provides an added platform to engage in discussion on these issues. I am gratified to see the involvement of professional and community interest groups alike. This reaffirms the need to engage all levels of society in a concerted effort to tackle the problem of recidivism. Such an approach will undeniably involve new policy collaborations and partnerships between governmental and voluntary organisations. I hope that today’s conference will help sow the seeds for these future projects and initiatives.

22. In closing, I commend you for what you are doing. You have shown the way, and I encourage you to stay the course. Singapore is an open and inclusive society. The path beyond the prison gates should be one of hope and optimism. I am convinced that if we work together to provide support for released prisoners, we can and will make an appreciable difference. Today, as you discuss initiatives in the various workshops, remember that you are contributing towards making Singapore a better, safer and more compassionate place to live in.

23. Together, we can unlock the second prison.

24. On this note, I extend all participants my best wishes for a fruitful conference.