A law clarifying the threshold for egregious legal process abuse amounts to contempt of court was passed by Parliament on Wednesday ( Nov 13 ).
The Administration of Justice ( Protection ) ( Amendment ) Bill comes after notable examples of abuse of process have been observed in Singapore, Minister of State for Law Murali Pillai said.
” It is the president’s responsibility to act to safeguard the judicial system, especially when we have repeated declarations from our judges on the abuse of their methods”, he said.
WHAT THE BILL PROPOSES
The Bill amends the Administration of Justice ( Protection ) Act, which was passed in 2016 and consolidates Singapore’s law on contempt of court.
Contempt of court is do that may inhibit the judge’s ability to function. It may involve defiance of court orders or meddling with court trials.
The Act currently covers severe abuse of procedure, but only in large language, Mr Pillai said.
The amendments aim to make it clear that certain types of behavior fall under the purview of contempt of court, and to hinder abuse of approach, he said.
The Bill lists three types of do that would entail contempt of court:
- A person’s knowledge or knowledge of a court proceeding results in false, false, or fabricated statements.
- A person’s knowledge of a court proceeding is obviously unfounded or unfounded, and it also involves the constitutional method being used for a goal that is unjustified or unclear.
- The person knows or should have known that several or subsequent jury trials are blatantly unfounded or unsupported.
Additionally, it is made clear that contempt can be brought against third parties who cause or unlawfully the severe abuse of process.
Mr. Pillai emphasized that the revisions clarify the situation and do not raise the present contempt of court bar.
WHY IT MATTERS
According to Mr. Pillai, severe mistreatment of approach can have a significant impact on public trust in the righteousness system over time.
In cases where there is no need for a court case, plaintiffs are subject to the financial and emotional strain of the legal proceedings.
The court system is put under strain by the limited government and court solutions that are diverted from other eligible cases.
In Singapore and different nations, according to Mr. Pillai, has a pattern of “lawfare”- making legitimate claims that have no merit in order to persecute people or for ulterior purposes.
He cited a 2023 presentation where Chief Justice Sundaresh Menon claimed that current cases indicate that some people have tried to conceal information from the judges or postpone court proceedings without justification.
Mohammad Farid Batra, a pharmaceutical courier who was sentenced to life in prison and punishment, is one such example from the 2022 situation. He filed three post-appeal software.
The High Court decided that Farid’s state was totally unsupported and was made to delay and prevent him from being caned, and dismissed these applications. Criminals aged 50 and over never get caned.
The revisions come two years after the post-appeal programs in investment cases bill, which went into effect in June, were passed by parliament.
Death row captives who have exhausted all means of retribution or mercy may not be able to apply for mercy under the terms of that act.