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What you ought to Know about Compounding or Composition of Offences in Singapore
In 2016, a man charged with sexual harassment because of unlawful stalking a woman was able to avoid a maximum of 12-month jail sentence and a fine of $5000 by compounding the matter. He was acquitted after the woman agreed to the composition. In turn, he gave $4000 to the charity the victim has chosen and made an open court apology.
Singapore laws allow the alleged victim and the accused to settle the matter without entering a conviction. Usually, the accused issues a public apology to the victim and pays a monetary compensation to the victim. When the victim accepts the composition (compounds it), the magistrate acquits the accused of his crime.
No. The lawyer of the accused often initiates the compounding. For example, your lawyer may offer the victim any or all of the following composition:
Monetary compensation
Apology
An undertaking that you will not do it again
Donation to charity
For it to be valid, the offer to compound must be made by those who are legally allowed to do so. So, if you are a minor, or you have been declared to be legally incompetent, a person who is legally empowered to act on your behalf may offer to compound the charge.
While the accused can initiate the composition it is the victim or any of the following authorities can compound it.
Alleged victim: If the accused is not yet formally charged, the victim can compound an offence. However, if there is an on-going police investigation or the case is already in court, the matter can only be compounded upon the consent of the prosecutor.
Public Prosecutor: They can compound offences by collecting $5000 from the accused or a maximum of 50% of the maximum amount of fine for an offence, whichever is lower.
Relevant authorities: They have the power to compound an offence under the Enlistment Act, and other victimless crimes.
It is important to consult a lawyer who will explain to you the consequences of accepting and rejecting the offer of composition. If you are agreeable to the composition the public prosecutor will consider the facts and your acceptance of the composition, and if found valid, will consent to the composition.
Disclaimer: The article can not be considered as legal advice or opinion on the topic which has been discussed and one should not rely on it. In no way, it should be taken as the statement of law and practice in this area. If you need any legal advice you should consult a lawyer in your jurisdiction. None of the members. partner or consultant who is a part of Bishop Law assumes or holds any responsibility or liability, to any person in respect of the content shared above.
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