Serious sexual, violent crime convicts can be held indefinitely after jail term under proposed law

In spite of their long jail terms after committing heinous sex offences, some reoffended after being released from prison.

To protect the public from such criminals, even those who are first-time offenders of serious sexual and violent crimes, a new sentencing regime was introduced in Parliament on Jan 10.

Called the Sentence for Enhanced Public Protection (SEPP), it was introduced as part of the Criminal Procedure (Miscellaneous Amendments) Bill.

It is to prevent dangerous offenders from being automatically released from prison after their jail terms end, especially if they show signs of reoffending.

Speaking to the media at the briefing on the Bill, Law and Home Affairs Minister K. Shanmugam said: "In Singapore, what we have seen is people who prey on young girls - may not necessarily be rape. They come out, and then they do it again."

In a joint statement, the Ministry of Law (MinLaw) and Ministry of Home Affairs (MHA) said with current sentencing options being inadequate to deal with such serious offences, the SEPP will ensure serious offenders are detained for as long as needed for public safety.

The SEPP is limited to those who committed serious violent offences such as culpable homicide and attempted murder, and serious sexual offences such as rape and sexual penetration of a minor.

The SEPP will apply to those 21 years old and above, and will not just be for recalcitrant offenders, but for first-time offenders as well.

If sentenced under the SEPP, an offender can be detained between five and 20 years. These offenders will not get remission, which is a discount on their sentence.

At the end of their term, if the offender is found suitable to leave prison, he will be released on licence.

This means he may be required to attend counselling, remain at home during certain hours, and be made to wear an electronic tag. He will be assessed every two years for his suitability to be discharged unconditionally.

Meanwhile, if an offender is not suitable for release, he can continue to be detained indefinitely and even up to life. But his case will be reviewed annually.

Mr Shanmugam added: "There will be a proper assessment. Is he mentally and psychologically fit to be released, or is he going to continue to be a menace to society? If he continues to be a menace to society, he can be kept in."

This is unlike an imprisonment sentence or preventive detention, where the offender must be released after serving the sentence imposed by the court.

Preventive detention is a regime for recalcitrant offenders that does not automatically offer the usual one-third remission.

MinLaw and MHA said the authorities want to ensure that dangerous and high-risk offenders are not released into the community until they no longer pose a threat to public safety.

They noted that for offences that do not call for life imprisonment, the available sentencing options all require an offender to be released automatically after a certain point, regardless of the threat they pose to others.

It will be up to the court to decide if SEPP is appropriate for the offender after considering risk assessment reports, including reports by the Institute of Mental Health (IMH).

Separately, if the Bill is passed, the Corrective Training (CT) regime will be repealed and the Preventive Detention (PD) regime will be amended.

To replace the existing sentences of CT and PD, the Sentence for Public Protection (SPP), which is aimed at recalcitrant offenders, will be introduced.

Currently, the CT regime applies to offenders aged 18 years and above who require corrective training for a substantial period. This is followed by supervision if released before their sentence ends, to prevent them from reoffending.

The PD regime applies to offenders aged 30 years and above who need to be detained for a substantial period. It is reserved for more serious offenders, as compared to the CT regime.

If the Bill is passed, the SPP will be for those aged 21 years and above, and they can be jailed for between five and 20 years.

They may be released on licence by the Minister for Home Affairs after serving two-thirds of their sentence, and must be released after serving the full term.