Criminal Procedure Code 2010, Division 3 — Plead guilty procedures (s 227–s 228) — Singapore Act

Procedure if accused pleads guilty, etc.

s 227

227.—(1) If the accused pleads guilty to the charge after it has been read and explained to the accused, whether as originally framed or as amended, the accused’s plea must be recorded and the accused may be convicted on it.[4/2014] (2) Before the court records a plea of guilty, it must —(a) if the accused is not represented by an advocate, be satisfied that the accused —(i) understands the nature and consequences of the accused’s plea and the punishment prescribed for the offence; and (ii) intends to admit to the offence without qualification; or (b) if the accused is represented by an advocate, record the advocate’s confirmation that the accused —(i) understands the nature and consequences of the accused’s plea; and (ii) intends to admit to the offence without qualification. (3) The General Division of the High Court must not record a plea of guilty in a case where the accused pleads guilty to an offence punishable with death unless evidence is led by the prosecution to prove its case at the trial.[19/2018; 40/2019] (4) Where a case is transmitted for trial in the General Division of the High Court under Division 5 of Part 10, the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters mentioned in section 212, and the criminal case disclosure procedures in Division 5 of Part 10 apply, with the necessary modifications, in relation to the case, if —(a) either of the following applies:(i) the accused is charged with an offence mentioned in section 211A(1); (ii) the accused is charged with any other offence that is to be tried in the General Division of the High Court, and all parties consent to have those procedures apply to that offence; (b) a date is fixed for a plea of guilty to be taken from the accused; and (c) on that date, the accused refuses to plead, does not plead or claims trial.[19/2018; 40/2019] (5) Where —(a) the criminal case disclosure procedures apply by virtue of section 159 in relation to a case; (b) a date is fixed for a plea of guilty to be taken from the accused to whom the case relates; and (c) on that date, the accused refuses to plead, does not plead or claims trial, the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters mentioned in section 160 and the procedures in Division 2 of Part 9 apply, with the necessary modifications, in relation to the case. —(1) If the accused pleads guilty to the charge after it has been read and explained to the accused, whether as originally framed or as amended, the accused’s plea must be recorded and the accused may be convicted on it.[4/2014] (2) Before the court records a plea of guilty, it must —(a) if the accused is not represented by an advocate, be satisfied that the accused —(i) understands the nature and consequences of the accused’s plea and the punishment prescribed for the offence; and (ii) intends to admit to the offence without qualification; or (b) if the accused is represented by an advocate, record the advocate’s confirmation that the accused —(i) understands the nature and consequences of the accused’s plea; and (ii) intends to admit to the offence without qualification. (3) The General Division of the High Court must not record a plea of guilty in a case where the accused pleads guilty to an offence punishable with death unless evidence is led by the prosecution to prove its case at the trial.[19/2018; 40/2019] (4) Where a case is transmitted for trial in the General Division of the High Court under Division 5 of Part 10, the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters mentioned in section 212, and the criminal case disclosure procedures in Division 5 of Part 10 apply, with the necessary modifications, in relation to the case, if —(a) either of the following applies:(i) the accused is charged with an offence mentioned in section 211A(1); (ii) the accused is charged with any other offence that is to be tried in the General Division of the High Court, and all parties consent to have those procedures apply to that offence; (b) a date is fixed for a plea of guilty to be taken from the accused; and (c) on that date, the accused refuses to plead, does not plead or claims trial.[19/2018; 40/2019] (5) Where —(a) the criminal case disclosure procedures apply by virtue of section 159 in relation to a case; (b) a date is fixed for a plea of guilty to be taken from the accused to whom the case relates; and (c) on that date, the accused refuses to plead, does not plead or claims trial, the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters mentioned in section 160 and the procedures in Division 2 of Part 9 apply, with the necessary modifications, in relation to the case.

Address on sentence, mitigation and sentence

s 228

228.—(1) On the conviction of the accused, the prosecution may where it thinks fit address the court on sentence.(2) The address on sentence may include —(a) the criminal records of the accused; (b) any victim impact statement; and (c) any relevant factors which may affect the sentence. (3) The court must then hear any plea in mitigation of sentence by the accused and the prosecution has a right of reply. (4) Where the court is satisfied that any matter raised in the plea in mitigation materially affects any legal condition required by law to constitute the offence charged, the court must reject the plea of guilty. (5) After the court has heard the plea in mitigation, it may —(a) at its discretion or on the application of the prosecution or the accused hear any evidence to determine the truth or otherwise of the matters raised before the court which may materially affect the sentence; and (b) attach such weight to the matter raised as it considers appropriate after hearing the evidence. (6) The court must then pass sentence according to law immediately or on such day as it thinks fit. (7) In this section, “victim impact statement” means any statement relating to any harm suffered by any person as a direct result of an offence, which includes physical bodily harm or psychological or psychiatric harm. —(1) On the conviction of the accused, the prosecution may where it thinks fit address the court on sentence. (2) The address on sentence may include —(a) the criminal records of the accused; (b) any victim impact statement; and (c) any relevant factors which may affect the sentence. (3) The court must then hear any plea in mitigation of sentence by the accused and the prosecution has a right of reply. (4) Where the court is satisfied that any matter raised in the plea in mitigation materially affects any legal condition required by law to constitute the offence charged, the court must reject the plea of guilty. (5) After the court has heard the plea in mitigation, it may —(a) at its discretion or on the application of the prosecution or the accused hear any evidence to determine the truth or otherwise of the matters raised before the court which may materially affect the sentence; and (b) attach such weight to the matter raised as it considers appropriate after hearing the evidence. (6) The court must then pass sentence according to law immediately or on such day as it thinks fit. (7) In this section, “victim impact statement” means any statement relating to any harm suffered by any person as a direct result of an offence, which includes physical bodily harm or psychological or psychiatric harm.