CRI 1 - Taking Instructions PDF

The quantum of {{c1::bail}} is determined by {{c2::the bailor\'s money at stake}} and ensuring the bailor fulfills {{c3::responsibilities}}. The bail amount should be sufficient to guarantee that the bailor does not {{c1::evade}} their duties associated with the bail. The {{c1::quantum}} of bail r...

The quantum of {{c1::bail}} is determined by {{c2::the bailor\'s money at stake}} and ensuring the bailor fulfills {{c3::responsibilities}}. The bail amount should be sufficient to guarantee that the bailor does not {{c1::evade}} their duties associated with the bail. The {{c1::quantum}} of bail represents the bailor\'s {{c2::financial stake}} in case the accused flees. The primary purpose of {{c1::bail}} is to ensure that the {{c2::bailor fulfills their responsibilities}}, not solely to prevent the accused from fleeing. Statutory conditions for release on bail/personal bond as per s 94(1), 99(2), (4) CPC include compliance with {{c1::attendance}}, surrender of {{c1::travel documents}}, cooperation in {{c1::investigations}}, non-commitment of further {{c1::offenses}}, non-interference with {{c1::witnesses}}, and restriction on leaving Singapore without {{c1::permission}}. Breaching conditions of release can lead to {{c1::arrest}} without a warrant for {{c2::non-attendance}} or violation of bail/personal bond terms. {{c1::Carve outs}} allow bail under circumstances like the accused being {{c2::a juvenile}} or {{c3::medically unfit}}. Factors considered when deciding bail for non-bailable offences include the {{c1::nature}} of the offence, {{c2::penalty}}, accused\'s likelihood to abscond, and potential {{c3::evidence tampering}}. If there are no reasonable grounds for a non-bailable offence, the accused must be released, subject to exceptions outlined in section 95 of the {{c1::Criminal Procedure Code}}. 95.---(1) An accused must not be released on bail or on personal bond if ---(a) the accused is charged for an offence punishable with death or imprisonment for life;(b) the accused is accused of any non-bailable offence, and the court believes, on any ground prescribed in the Criminal Procedure Rules, that the accused, if released, will not surrender to custody, be available for investigations or attend court; or(c) the accused has been arrested or taken into custody under a warrant issued under section 12 or 34 of the Extradition Act 1968 or endorsed under section 33 of that Act. If there are grounds to investigate another {{c1::bailable offence}}, then the accused must be released for further investigation as per sections 93(2) and (3A). The court retains the authority to arrest the released person per section 93(5) of the CPC, even if {{c1::granted bail}} for {{c2::non-bailable offences}}. The court can order no release on police bail and refuse court bail in specific cases per {{c1::sections 93(3B) CPC}} and Criminal Procedure Rules 2018. According to the CPC, the court has authority to make decisions regarding {{c1::bail}}. The court may exercise its discretion to refuse police bail when it deems it necessary based on {{c1::the facts}} and {{c2::circumstances}} of the case. Prescribed grounds for belief affecting bail considerations include {{c1::Factual considerations}}, such as {{c1::residency}} and {{c1::citizenship}}, along with factors like {{c1::offense severity}} and {{c1::potential sentence}}. The court must offer {{c1::mandatory bail}} for certain offenses when the criteria specified for such offenses are {{c2::met s92 CPC}}. {{c1::Bailable offenses}} are offenses for which {{c2::bail}} is permissible under the law (5th column first schedule CPC). The criteria for bail as outlined in the First Schedule are {{c1::Specific conditions}} that must be met for {{c2::granting bail.}} Before being chargedA counsel should refer to {{c1::s 278 CPC 2012}}, {{c2::s 107 & 108 Evidence Act}}, and {{c3::s 182 Penal Code}} for guidance. Particular attention ought to be paid to the {{c4::defence of alibi (if any)}} because sufficient notice must be given to the prosecution before such evidence may be adduced in the court of trial (see s 278 CPC on notice of alibi).o Such notice cannot be retrieved -- retraction of alibi defence can count as a previous inconsistent statement that the prosecution is entitled to use. After being charged:Possible actions in written representations to the AGC regarding charges include {{c1::review}}, {{c1::reduce}}, proceed with a {{c1::lesser}} number, or {{c1::withdraw}} charges. Cannot provide false representations {{c2::s182}} CPC The {{c1::bailor}} should be a Singapore {{c2::citizen}} or {{c2::PR}}, above {{c2::21}} years old, not {{c2::bankrupt}}, and not {{c2::implicated}} in the case during police investigations. It is suggested to recommend arranging for a {{c1::bailor}} to facilitate the bail process if a client is expected to be charged in court soon, ensuring compliance with legal requirements. B24 CRI - Taking instructions - Obligations under the Legal Profession (Professional Conduct) Rules 2015 - **Prosecution\'s** obligations under the LPC - Rule 14(4) -- Obligation to inform the court - **Defence** Counsel\'s obligations under the LPC - Rule 9(2)(g)-(h), Legal Profession (Professional Conduct) Rules 2015 - Rule 14(3)(b) LPC -- Defending accused regardless of personal opinion - Rule 14(5)(a)(i) -- Advising client to **[plead]** - Rule 14(3)(c)-(d) -- **[Absence]** from criminal trial - Rule 14(6) -- Continuing to act if accused **absconds** - Rule 14(8) -- Disclosure of previous convictions - Rule 14(5)(a)(ii) -- Evidence from accused (Silence) - Rule 14(7) -- Mitigation plea - Rule 14(3)(e) -- After conviction and sentence - Rule 14(3)(a) -- Bail, must not provide surety - \(i) **Before** he is charged, i.e. while Police investigations are on-going; or - **[278 CPC]** Notice to Prosecution on the **[defence of alibi]** - 107 Evidence Act - **Burden** of proving that case of accused comes within exceptions (i.e. burden to prove alibi is on the accused) - 108 Evidence Act - **Burden** of proving **[fact especially within knowledge]** - Rule **[9(2)(g)-(h)]**, Legal Profession (Professional Conduct) Rules 2015 **[A legal practitioner should not concot evidence]** - **[s 200]** Penal Code - **False delcarations are** punishable - s 201 Penal Code - Causing **disappearance** of evidence of an offence committed, or giving false information touching it, **to screen** the offender (10 years and/or fine) s 204A Penal Code - **[Obstructing course of justice]**, preventing, perverting or defeating course of justice (7 years and/or fine) - s 213 Penal Code - **Taking gifts**, etc., to screen an offender from punishment (2 years and/or fine) - Advise client to arrange for a bailor prior to being charged in court - **[Requirements of bailor]** - If Client will be charged in Court in the coming days, advise him to arrange for a bailor. If on Agency bail, bailor is to be present in Court at Mention of case Sufficient security to be able to post Client's bail Bailor must bring Passport to Court, if not surrendered to the Investigation Agency earlier Bailor must be: a) Singapore citizen or PR b) Above 21 years old c) Not a bankrupt d) Not involved in the case - \(ii) **After** he is charged - Take client\'s **instructions** - \[1\] Background **information** from Client - 1\. Personal particulars 2. Academic Background 3. Employment Background 4. Family Background 5. Previous Antecedents, if any 6. Medical background, including Medical Reports 7. The Charge(s) 8. Statement(s) to Police 9. Alibi Notice, if any 10. Instructions whether to PG, CT or write to AGC to review case or charge(s) 11. Exhibits for Defence 12. Instructions to call for expert evidence for the Defence, if necessary \[2\] Must explain the charges and provide clarification if any doubts, explain that **there are 2 types of statements** - \(i) 'cautioned statement' s 23 CPC 2010 - **[Accused must be informed of the charge and provided the opportunity to mention facts in his defence]** - \(ii) 'long statement' s 22 CPC 2010 - s22 (2) **[Right to silence]** - \(2) The person examined is bound to state truly what the person knows of the facts and circumstances of the case, except that the [person need not say anything] that might expose the person to a criminal charge, penalty or forfeiture. s22(4) Statement **[must be read]** to the Accused - \(4) Where a statement made by a person examined under this section is recorded in writing, the statement must --- (a) be **[read over to the person;]** (b) if the person does not understand English, be interpreted for the person in a language that the person understands; and (c) be signed by the person. - \[3\] Written **representations** to AGC - Written representations to AGC to review the charge(s): (i) reduce charge(s) (ii) proceed with lesser number of charge (iii) withdrawal of charge(s) To take instructions and advise Client on merits of Prosecution's case To plead guilty to charge(s) or claim trial If plead guilty, to receive instructions and obtain details and background of Client Always obtain documentary evidence in support Obtain Client's approval of the draft representations before submitting to AGC False representations may render Client liable to prosecution for an offence under **[Section 182 Penal Code]** - **[s182 CPC]** - must not give **false information** (2 years and/or fine) - representations to the prosecution are without prejudice and may not be used in court against the other party in court. - Knight Glenn Jeyasingam v PP \[1999\] 1 SLR(R) 1165 - \- Reps addressed to police can attract privilege, just like reps to AGC - Ng Chye Huay and anor v PP \[2006\] 1 SLR(R) 157 - \[4\] Should the Accused person **plead guilty** / What is his defence? - Rule 14(5)(a)(i) -- Advising client to **[plead]** - If case under **Criminal Case Disclosure Conference (CCDC)** - CCDC procedures apply: **(a) Automatic qualification** for offences (1) which are specified in the Second Schedule of the CPC and (2) are to be tried in a District Court (s 159(1) CPC) unless the accused opts out of the CCDC procedures (s 159(2) CPC). o **Offences specified in the Second Schedule CPC** include offences under the Penal Code, Misuse of Drug Act, Sedition Act. **(b) Opt-in:** The CCDC may also apply to offences not falling within s 159(1) CPC if all of the parties, including the prosecution, consent for CCDC to apply **NB: THE ACCUSED HAS A UNILATERAL CHOICE TO OPT OUT -- Prosecution has no say** If case is under the CCDC regime, must advise Client that his Defence must not be inconsistent with information he gave the Investigation Officer and recorded in Statement(s)