1. Overview on Victim Remedy in Singapore CONFIDENTIAL 1 ©2011 MinLaw. All Rights Reserved Sherlyn Neo Senior Assistant Director Ministry of Law 14 August 2015

2. Overview of Victim Remedy Victim Impact Statement Compensation Order Victim Composition Restitution

3. Victim Impact Statement (VIS) VIS gives a crime victim an opportunity to be heard before the offender is sentenced – sense of reparation/vindication s 228(2) of the Criminal Procedure Code (CPC) A 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 VIS may be provided by the direct victim of crime or a person who suffered any harm as a direct result of the offence

4. Compensation Under s 359 CPC, our courts are legally obliged to consider whether there is a need to impose a compensation order at the time of conviction Factors to consider: Whether the accused has the means to compensate; If the victim was at “fault” e.g. provoked the accused, started the brawl etc.; Whether it is practical for the victim to seek civil remedies; Whether the compensation quantum is readily ascertainable; Whether damage has been caused to public property; Whether restitution has been made.

5. Victim Composition The third column of the Fourth Schedule to the CPC prescribes the offences which may be compounded by the victim of the offence under s 241 of the CPC Where offence has been investigated into or accused has been charged, the Public Prosecutor must consent before the offence can be compounded Where an offence has been successfully compounded, no further proceedings may be taken against the accused, and if he is charged before the offence is compounded, the court must order a discharge amounting to an acquittal

6. Restitution Our courts recognise making restitution to a victim as a mitigating factor in sentencing This has the effect of encouraging offenders to make restitution to victims before sentencing

7. References Statutes: http://statutes.agc.gov.sghttp://statutes.agc.gov.sg Criminal Procedure Code (Cap. 224, 2012 Rev Ed)

8. Thank you!