Your Authoritative Source on Singapore Law

Modernising the Criminal Justice Framework – The Criminal Procedure Code 2010

Melanie Chng

(2011) 23 SAcLJ 23

Abstract:
The concept of “balancing” prevalent in criminal justice discourse is premised on a paradigm where “state” and “individual” interests are perpetually in conflict. This article outlines the key components of the new Criminal Procedure Code 2010 and discusses another dimension of the state-individual relationship. Rather than being inherently incompatible, synergistic common goals can, on occasion, be pursued between the State and an accused. The article will also consider areas in the Criminal Procedure Code 2010 where conflicts between “state” and “individual” interests have in fact arisen, and will outline the pragmatic approach that has been adopted towards their resolution.