High Court of Singapore
Encyclopedia
The High Court of the Republic of Singapore is the lower division of the Supreme Court of Singapore
, the upper being the Court of Appeal
. It consists of the Chief Justice of Singapore
and the Judges of the High Court. Judicial Commissioner
s are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration
-related matters. The seat of the High Court is the Supreme Court Building.
The High Court exercises both original jurisdiction
and appellate jurisdiction
in civil and criminal matters. By possessing original jurisdiction, the Court is able to hear cases at first instance – it can deal with trials of matters coming before the courts for the first time. A special aspect of the Court's original jurisdiction is its judicial review jurisdiction, under which it determines the constitutionality
of legislation and actions taken by the Government
. The Court exercises its appellate jurisdiction when it hears appeals from trials originating in the Subordinate Courts
such as District Courts and Magistrates' Courts. The Court also exercises supervisory and revisionary jurisdiction over subordinate courts. The exercise of judicial review of administrative acts carried out by public authorities to ensure that they comply with principles of administrative law is an aspect of the Court's supervisory jurisdiction.
Under the principles of stare decisis
(judicial precedent), the High Court is bound by decisions of the Court of Appeal. In turn, decisions of the High Court must be followed by District Courts and Magistrates' Courts. On the other hand, a Judge of the High Court is not bound by previous decisions by other High Court Judges. As a matter of comity
, though, a Court will generally not depart from a previous decision unless there is a good reason to do so. If there are conflicting High Court decisions, it is up to the Court of Appeal to decide which decision is correct.
was united with Malacca
and Prince of Wales' Island (present-day Penang
) to form the Straits Settlements
, which were granted a Court of Judicature by the Second Charter of Justice dated 27 November 1826. The Charter conferred on the Court the jurisdiction of the Courts of King's Bench, Chancery
, Common Pleas
and Exchequer
in civil, criminal and revenue matters, among other things. The judges of the Court were the Governor, the Resident Counsellor, and the Recorder
of Prince of Wales' Island, Singapore and Malacca. The Governor's power to overrule decisions of the Recorder led to dissatisfaction as the Recorder was the only member of the Court who was a professional judge, and there were calls for the executive and judicial branches to be separated. This issue was not resolved by the Third Charter of Justice granted to the Straits Settlements on 12 August 1855, though there were now to be two Recorders, one for Penang and the other for Singapore and Malacca. It was only in 1867 that the Governor and Resident Counsellors ceased to exercise judicial powers.
The Court of Judicature of the Straits Settlements was abolished in 1868 and replaced by the Supreme Court of the Straits Settlements. The Supreme Court was reorganized in 1873 to consist of the Chief Justice, the Judge at Penang, and a Senior and Junior Puisne Judge
. By this time Singapore had become the centre of government and trade in the Straits Settlements, so the Chief Justice and Senior Puisne Judge resided in Singapore, while the Judge of Penang and the Junior Puisne Judge were stationed in Penang. The Supreme Court was also given jurisdiction to sit as a Court of Appeal. As a result of legislation passed in 1885, the Supreme Court consisted of the Chief Justice and three puisne judges. The Court was significantly altered in 1907. It now had two divisions, one exercising original civil and criminal jurisdiction
and the other appellate civil and criminal jurisdiction
.
During the Japanese occupation of Singapore
(1942–1945), all the courts that had operated under the British were replaced by new courts established by the Japanese Military Administration. The Syonan Koto-Hoin (Supreme Court) was formed on 29 May 1942; there was also a Court of Appeal, but it was never convened. Following the end of World War II
, the courts that had existed before the war were restored and remained largely unchanged until Singapore's independence from the United Kingdom through merger with Malaysia in 1963. The judicial power of Malaysia was vested in a Federal Court
, a High Court in Malaya
, a High Court in Borneo
(now the High Court in Sabah
and Sarawak
), and a High Court in Singapore. In 1965 Singapore left the Federation of Malaysia and became an independent republic. However, the High Court remained part of the Federal Court structure until 1969, when Singapore enacted the Supreme Court of Judicature Act to regularize the judicial system. Coming into force on 9 January 1970, the Act declared that the Supreme Court of Singapore now consisted of the Court of Appeal, the Court of Criminal Appeal and the High Court. The Judicial Committee of the Privy Council
remained Singapore's highest appellate court until a permanent Court of Appeal
for both civil and criminal appeals was established. Appeals to the Privy Council were completely abolished in 1994.
of record
. It is superior in the sense that its jurisdiction
to hear civil
and criminal cases
is unlimited compared to the Subordinate Courts of Singapore
, and it hears appeal
s from lower courts. As a court of record, it keeps a perpetual record of its proceedings. The High Court is the lower division of the Supreme Court, the upper one being the Court of Appeal
.
The High Court consists of the Chief Justice of Singapore
and the Judges of the High Court. A person is qualified to be appointed a Judge if he or she has for an aggregate period of not less than ten years been a qualified person within the meaning of the Legal Profession Act or a member of the Singapore Legal Service
, or both. The Chief Justice and Judges of the High Court are appointed by the President of Singapore
if he, acting in his discretion, concurs with the advice of the Prime Minister
. Where the appointment of Judges is concerned, the Prime Minister is required to consult the Chief Justice before tendering advice to the President. In addition, to facilitate the disposal of business in the Supreme Court, the President may, if he concurs with the Prime Minister's advice, appoint people qualified to be judges to be Judicial Commissioner
s of the Supreme Court. Judicial Commissioners exercise the same powers and perform the same functions as Judges of the High Court. However, unlike Judges who generally hold office until the age of 65 years, Judicial Commissioners do not have security of tenure
.
In general, all proceedings in the Court are heard and disposed of before a single judge. Whenever the business of the Court requires, a Judge of Appeal of the Court of Appeal may sit in the High Court and act as a High Court Judge. If the Court feels that it requires assistance in a particular case, it may summon persons of skill and experience in the matter to which the proceedings relate to sit with the Court and act as assessors
.
The Chief Justice may give directions of a general or particular nature to distribute the business of the Court among his fellow Judges. In 2002, it was announced that specialist commercial courts would be set up in the Supreme Court to emphasize the judiciary's "commitment to transform Singapore into a premier international commercial dispute resolution centre in litigation, arbitration and mediation". The Admiralty Court was established in February 2002 to deal with admiralty law
matters, followed in September by the Intellectual Property Court which is presided over by Judges and Judicial Commissioners with expertise in intellectual property
law. In April 2003, Justice Judith Prakash was appointed to preside over all arbitration
matters brought before the High Court; Justices Belinda Ang Saw Ean and V.K. Rajah were similarly appointed in November of the following year.
The High Court sits on every day of the year except Saturdays, Sundays and public holidays, although a Judge may lawfully sit on such days if directed to do so by the Chief Justice or if the Judge is of the opinion that the business to be despatched is extremely urgent. The High Court sits at such times and at such places as the Chief Justice appoints from time to time. When the Supreme Court moved from the Old Supreme Court Building and City Hall Building
at 1 and 3 Saint Andrew's Road respectively to the present Supreme Court Building at 1 Supreme Court Lane, the Chief Justice formally appointed the new building as a place where the High Court sits by way of a notification dated 20 June 2005.
and appellate jurisdiction
in civil and criminal matters. By possessing original jurisdiction, the Court is able to hear cases at first instance; in other words, it can deal with trials of matters coming before the courts for the first time. In theory, the Court has unlimited original jurisdiction – it can hear any type of civil or criminal case, no matter how trivial or serious. However, in practice, parties may be penalized by having to pay higher costs (legal fees) if they choose to bring a civil case before the High Court when it is more appropriately dealt with by a subordinate court. For example, a Magistrate's Court may hear civil cases where the amount claimed does not exceed S$
60,000. If a plaintiff
commences an action in the High Court to recover a sum of money based on contract
, tort
or any written law, and the suit could have been filed in a Magistrate's Court, if the plaintiff eventually succeeds in recovering a sum that does not exceed $60,000, she is not entitled to receive any more costs – legal expenses payable to her by the defendant
– than a Magistrate's Court would have ordered. Generally, except in probate
matters, a civil case must be commenced in the High Court if the value of the claim exceeds S$
250,000. Probate matters are commenced in the High Court only if the value of the deceased's estate exceeds $3 million, or if the case involves the resealing of a foreign grant of probate or letters of administration.
Written laws also specify that some criminal matters should be tried in the Subordinate Courts rather than in the High Court. A District Court, for instance, has jurisdiction to try all offences with a maximum term of imprisonment not exceeding ten years or punishable with a fine only, so trials of such offences are generally not held in before the High Court. The Court exercises its appellate jurisdiction when it hears appeals from trials originating in the Subordinate Courts.
The Court also exercises supervisory and revisionary jurisdiction over subordinate courts.
(that is, directed towards a particular person) where:
In particular, the Court has jurisdiction:
The Court exercises concurrent jurisdiction
in certain matters with the Syariah Court of Singapore, which deals with cases involving Muslim matrimonial law. Provided that certain conditions are satisfied, the High Court has jurisdiction to hear and try any civil proceedings within the jurisdiction of the Syariah Court relating to maintenance for any wife
or child
, the custody
of any child, and the disposition or division of property on divorce.
The Chief Justice may direct that the District Court to hear and determine certain types of proceedings when he thinks it is necessary or expedient to improve efficiency in the administration of justice and to provide for the speedier disposal of proceedings started in the High Court. In 1996 aspects of the High Court's jurisdiction to hear matrimonial cases were transferred to a dedicated Family Court, which is constituted as a District Court. As of December 2007, the Family Court hears proceedings relating to divorce, division of matrimonial assets and guardianship of children
, including matters over which it has concurrent jurisdiction with the Syariah Court. However, contested applications for the division of matrimonial assets where the net value asserted by any party to the proceedings is of or above $1.5 million are transferred back to the High Court. Decisions made by the Family Court may be appealed to the High Court, but no further appeal may be brought to the Court of Appeal unless the Court of Appeal or a Judge of the High Court grants leave for such an appeal.
In most civil trials, the plaintiff begins the proceedings by making a speech opening his or her case. After the plaintiff has presented all the evidence on his or her behalf, the defendant must decide whether or not to adduce evidence. If he or she elects not to do so, the plaintiff may make a speech closing his or her case, and the defendant then proceeds to state his or her case. However, if the defendant elects to adduce evidence, he or she proceeds to open his or her case, present the evidence on his or her behalf, and make a speech closing the case. The plaintiff may then make a speech in reply. If any party in his or her final speech raises a fresh point of law
or cites any authority not previously cited, the other party may make a further speech in reply to that point of law or authority.
If the burden of proof of all the issues in the action lies on the defendant, he or she is entitled to begin instead of the plaintiff. The trial then proceeds with the plaintiff responding to the defendant's case, and so on.
The High Court has jurisdiction to try all offences committed:
Before an accused person is committed to trial in the High Court, a committal hearing must be held before an examining magistrate to determine if there is sufficient evidence for the accused to be put on trial. An accused may be committed for trial at once if he or she wishes to plead guilty (except to an offence punishable by death), the facts of the case presented by the prosecution
disclose sufficient grounds for committing the accused, and the magistrate is satisfied that the accused understands the nature of the charge
against him or her and intends to admit without qualification the offence alleged against him or her.
In other cases, the examining magistrate must consider the evidence tendered by the prosecution and decide if there are sufficient grounds for committing the accused for trial. If there are insufficient grounds, the magistrate may discharge the accused. If there are peculiar difficulties or circumstances connected with the case, or if the magistrate is so directed by the Public Prosecutor
, the magistrate must transmit the evidence before the court to the Public Prosecutor so that he or she can give instructions for the disposition of the matter. Otherwise, if the examining magistrate feels that the accused should be committed for trial in the High Court based on the prosecution's evidence, the charge tendered by the prosecution must be read and explained to the accused, and the magistrate must say to him or her the following words or words to similar effect:
If the accused elects to reserve his or her defence
(that is, he or she chooses not to respond to the charge at this stage), the magistrate must commit him or her for trial. If the accused elects to make his or her defence, this may be done by means of a written statement or an oral statement that is taken down in writing by the magistrate. After hearing the defence, the magistrate may either discharge the accused or commit him or her for trial.
For certain sexual offences, no committal hearing is required if the Public Prosecutor is of the opinion that there is sufficient evidence providing a foundation for a full and proper criminal trial. In such cases, the Public Prosecutor may by fiat designate that the case be tried in the High Court, or in a District Court or Magistrate's Court. On receiving a fiat, a magistrate must arrange for the charge against the accused person to be read and explained to him or her, and then transmit the case to the appropriate court for trial.
All criminal trials before the High Court are heard and disposed of before a single Judge of the High Court. When the Court is ready to commence a trial, the accused appears or is brought before the court. The charge is read and explained, and the accused is asked whether he or she is guilty of the offence or claims to be tried. If the accused pleads guilty the plea is recorded, and he or she may be convicted
on it and sentenced
. If the accused refuses to or does not plead, or if he or she claims trial, the Court proceeds to try the case.
Counsel for the Public Prosecutor opens his or her case by stating shortly the nature of the offence charged and the evidence by which the accused's guilt is proposed to be proved. The prosecution witnesses are then examined
, cross-examined
for the defence and, if necessary, re-examined
by the prosecution. When the case for the prosecution is concluded, the defence may invite the Court to dismiss the case on the basis that there is no case to answer
. The Court must decide whether there is evidence against the accused which is not inherently incredible and which satisfies every element of the charge against him or her. If there is no such evidence, the accused must be acquitted
. If the Court finds that a case against the accused has been made out, it must call on the accused to give his or her defence. It is up to the accused to decide whether or not to offer a defence. If the accused elects to do so, he or she, or his or her advocate, may open the case for the defence, stating the facts or law on which the accused intends to rely and commenting on the evidence for the prosecution. The accused may then examine his or her witnesses, and after their cross-examination by the prosecution and re-examination by the defence, may sum up his or her case. The prosecution may then call persons as witnesses or recall persons already examined for re-examination for rebuttal purposes, and such rebuttal witnesses may be cross-examined by the defence and re-examined by the prosecution. Whether or not the accused has adduced evidence, the prosecution has the right to reply on the whole case.
If the Court finds the accused not guilty, it records an order of acquittal. If it finds the accused guilty, it passes sentence on the accused according to law. The High Court is the sole court exercising original criminal jurisdiction that may impose the death penalty
. Also, when a person is convicted of an offence punishable with imprisonment for two years or more and had previously been convicted in Singapore or elsewhere of a similar offence, the Court may, in addition to any other punishment, direct that he or she be subject to police supervision for not more than seven years starting immediately after the sentence passed for the last of these offences expires. In addition, only the High Court and District Courts are empowered to sentence convicted persons to corrective training, reformative training or preventive detention.
At any stage of a trial before the Court before the return of the verdict
, the prosecution may inform the Court that it will not further prosecute the accused upon the charge. All proceedings on the charge against the accused are then stayed
, and he or she is discharged. The prosecution may act in this manner for various reasons; for example, if it no longer believes that the accused committed the offence, if it feels that the case against the accused is weak, or if it is of the view that further investigations are required to gather evidence for its case. Unless the judge expressly directs otherwise, such a discharge does not amount to an acquittal. This means that if the prosecution is able to obtain additional evidence to bolster its case, it may bring criminal proceedings against the accused again at a later stage.
The Constitution of Singapore
is the supreme law of Singapore. Ordinary laws that were in force prior to the Constitution coming into force on 9 August 1965 continue to apply after the Constitution's commencement but must be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution. Any law enacted by the Legislature
after the commencement of the Constitution which is inconsistent with the Constitution is void to the extent of the inconsistency. Thus, the Constitution reflects the principle established in the landmark decision of the Supreme Court of the United States
, Marbury v. Madison
(1803): since it is the role of the courts to interpret the law, they have power to decide whether ordinary laws are inconsistent with the Constitution and, if so, to declare such laws to be void. The Singapore Court of Appeal adopted a similar stance in its judgment in the 1994 case Chan Hiang Leng Colin v. Public Prosecutor:
In criminal proceedings, if a question of law arises as to the interpretation or effect of any provision of the Constitution, a party may apply to the trial court for a case to be stated
on the legal question to a "relevant court" for its decision. Where the trial court is a subordinate court the relevant court is the High Court; and where the trial court is the High Court the relevant court is the Court of Appeal. The Public Prosecutor has a right to be heard at the hearing of the case stated. As there are no corresponding statutory provisions for civil proceedings, when constitutional issues arise in the course of such matters in a subordinate court, they will be dealt with by that court and may then be appealed to the High Court and possibly to the Court of Appeal in the usual manner. Alternatively, a party to the civil proceedings can start a separate action in the High Court for the constitutional issue to be determined.
The High Court may order that any criminal case be transferred from a subordinate criminal court to any other criminal court of equal or superior jurisdiction, or to the Court itself, whenever it appears to the Court that:
Appeals are by way of rehearing; in other words, the High Court is entitled to consider the case afresh and is not bound in any way by the decision made by the court below. However, during an appeal, witness
es do not appear before the Court again to repeat their testimony. Instead, the Court refers to the notes taken by the judge who presided at the trial at first instance, or the full transcript
of the proceedings if this is available. It also listens to legal arguments advanced by the parties' lawyers. During an appeal, the Court has the same powers as the Court of Appeal has when it hears appeals from the High Court.
In general, a person convicted by a District Court or Magistrate's Court may appeal against his or her conviction, sentence or both. However, if he or she has pleaded guilty, the appeal may only be as to the extent or legality of the sentence. The Public Prosecutor is entitled to appeal against a person's acquittal.
The High Court will not reverse or set aside a judgment, sentence or order of a subordinate court unless it is shown to its satisfaction that the judgment, acquittal, sentence or order was either wrong in law or against the weight of the evidence, or, in the case of a sentence, manifestly excessive or inadequate in the circumstances of the case. If there is no sufficient ground for interfering, the Court will dismiss the appeal. Otherwise, the Court may make the following orders:
A District Court or Magistrate's Court may, within ten days from the time of any judgment, sentence or order passed or made, state a case on any question of law arising in the proceedings for the High Court's consideration any question of law
arising in the proceedings either with or without a written application from a party to the proceedings. A subordinate court may refuse to state a case for the High Court if it is of the opinion that the application for it is frivolous, except if the application is made by the Public Prosecutor. If a subordinate court refuses to state a case, an applicant may apply to the High Court for an order to compel the subordinate court to do so. The High Court hears and determines the questions of law arising on cases stated, then either affirms, amends or reverses the subordinate court's decision on the matter, or makes any other order that it sees fit.
One important aspect of the High Court's supervisory jurisdiction is its ability to judicially review the decisions of inferior tribunal
s (including subordinate courts) and other decision-making bodies and persons such as government agencies and officials. The jurisdiction originates from the ancient "jurisdiction in error" exercised by the King's Bench which is now a division of the High Court of Justice of England and Wales. Although the exercise of this jurisdiction by the Singapore High Court is not mentioned in any statute, the Court is specifically empowered to issue to any person or authority any direction, order or writ
for the enforcement of any right conferred by written law or for any other purpose, including the following prerogative orders
:
Such orders were issued by the King's Bench in the exercise of its judicial review jurisdiction.
In theory, when exercising judicial review of administrative action, the Court's task is only to ensure that the decision in question was made according to the law. Even though it may disagree with the decision, it will not substitute its own decision for that of the decision-maker. In practice, however, it is sometimes difficult to tell whether the Court is applying that principle. The branch of law dealing with this facet of the Court's jurisdiction is administrative law.
The High Court may also exercise powers of revision in respect of criminal proceedings and matters in subordinate courts. On calling for and examining the records of criminal proceedings or otherwise, the Court may direct a magistrate to make further inquiries into any complaints of offences that have been dismissed, or into the case of any accused person who has been discharged. The Court may also exercise powers that it exercises upon an appeal, such as reversing a conviction or altering a sentence, except that the Court is not authorized to exercise its revisionary jurisdiction to convert a finding of acquittal into one of conviction. As in civil cases, when the Court is exercising its powers of revision it is up to it to decide whether or not to hear submissions from any party, and no party can claim a right to be heard. However, no order that prejudices an accused shall be made unless he or she has had an opportunity of being heard either personally or by advocate in his or her own defence. When a case has been revised by the High Court, it will certify its decision or order to the trial court, which may then make further orders that conform to the certified decision.
(judicial precedent), the High Court is bound by decisions of the Court of Appeal. This means if there is a decision of the Court of Appeal that is relevant to a case being heard in the High Court, the High Court must apply it even if
it feels that the decision was wrongly decided or may cause injustice. In turn, decisions of the High Court are binding on District Courts and Magistrates' Courts.
A Judge of the High Court is not bound by previous decisions by other High Court Judges. However, as a matter of comity
, a Court will generally not depart from a previous decision unless there is a good reason to do so, particularly if that decision has stood for some time. If there are conflicting High Court decisions, it is up to the Court of Appeal to decide which decision is correct.
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
, the upper being the Court of Appeal
Court of Appeal of Singapore
The Court of Appeal of the Republic of Singapore is the nation's highest court and its court of final appeal. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the Chief Justice of Singapore, who is the President of the...
. It consists of the Chief Justice of Singapore
Chief Justice of Singapore
The Chief Justice of Singapore is the highest post in the judicial system of Singapore. The Chief Justice is appointed by the President, chosen from candidates recommended by the Prime Minister. The present Chief Justice is Chan Sek Keong....
and the Judges of the High Court. Judicial Commissioner
Judicial Commissioner
A Judicial Commissioner in Singapore is appointed to the Supreme Court by the President of Singapore on the advice of the Prime Minister, and has the powers of a Judge. A person may be appointed a Judicial Commissioner if he/she has been a "qualified person" within the meaning of section 2 of the...
s are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
-related matters. The seat of the High Court is the Supreme Court Building.
The High Court exercises both original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
and appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
in civil and criminal matters. By possessing original jurisdiction, the Court is able to hear cases at first instance – it can deal with trials of matters coming before the courts for the first time. A special aspect of the Court's original jurisdiction is its judicial review jurisdiction, under which it determines the constitutionality
Constitution of Singapore
The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
of legislation and actions taken by the Government
Government of Singapore
The Government of Singapore is defined by the Constitution of the Republic of Singapore to mean the Executive branch of government, which is made up of the President and the Cabinet of Singapore. Although the President acts in his personal discretion in the exercise of certain functions as a check...
. The Court exercises its appellate jurisdiction when it hears appeals from trials originating in the Subordinate Courts
Subordinate Courts of Singapore
The Subordinate Courts of Singapore is one of the two tiers of the court system in Singapore, the other tier being the Supreme Court. The Subordinate Courts comprise the District and Magistrate Courts—both of which oversee civil and criminal matters—as well as specialised family, juvenile,...
such as District Courts and Magistrates' Courts. The Court also exercises supervisory and revisionary jurisdiction over subordinate courts. The exercise of judicial review of administrative acts carried out by public authorities to ensure that they comply with principles of administrative law is an aspect of the Court's supervisory jurisdiction.
Under the principles of stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
(judicial precedent), the High Court is bound by decisions of the Court of Appeal. In turn, decisions of the High Court must be followed by District Courts and Magistrates' Courts. On the other hand, a Judge of the High Court is not bound by previous decisions by other High Court Judges. As a matter of comity
Comity
In law, comity specifically refers to legal reciprocity—the principle that one jurisdiction will extend certain courtesies to other nations , particularly by recognizing the validity and effect of their executive, legislative, and judicial acts...
, though, a Court will generally not depart from a previous decision unless there is a good reason to do so. If there are conflicting High Court decisions, it is up to the Court of Appeal to decide which decision is correct.
History
In 1826, SingaporeSingapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
was united with Malacca
Malacca
Malacca , dubbed The Historic State or Negeri Bersejarah among locals) is the third smallest Malaysian state, after Perlis and Penang. It is located in the southern region of the Malay Peninsula, on the Straits of Malacca. It borders Negeri Sembilan to the north and the state of Johor to the south...
and Prince of Wales' Island (present-day Penang
Penang
Penang is a state in Malaysia and the name of its constituent island, located on the northwest coast of Peninsular Malaysia by the Strait of Malacca. It is bordered by Kedah in the north and east, and Perak in the south. Penang is the second smallest Malaysian state in area after Perlis, and the...
) to form the Straits Settlements
Straits Settlements
The Straits Settlements were a group of British territories located in Southeast Asia.Originally established in 1826 as part of the territories controlled by the British East India Company, the Straits Settlements came under direct British control as a crown colony on 1 April 1867...
, which were granted a Court of Judicature by the Second Charter of Justice dated 27 November 1826. The Charter conferred on the Court the jurisdiction of the Courts of King's Bench, Chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...
, Common Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
and Exchequer
Exchequer of pleas
The Exchequer of Pleas or Court of Exchequer was a court that followed equity, a set of legal principles based on natural law, and common law, in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia during the 1190s, to sit as an...
in civil, criminal and revenue matters, among other things. The judges of the Court were the Governor, the Resident Counsellor, and the Recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
of Prince of Wales' Island, Singapore and Malacca. The Governor's power to overrule decisions of the Recorder led to dissatisfaction as the Recorder was the only member of the Court who was a professional judge, and there were calls for the executive and judicial branches to be separated. This issue was not resolved by the Third Charter of Justice granted to the Straits Settlements on 12 August 1855, though there were now to be two Recorders, one for Penang and the other for Singapore and Malacca. It was only in 1867 that the Governor and Resident Counsellors ceased to exercise judicial powers.
The Court of Judicature of the Straits Settlements was abolished in 1868 and replaced by the Supreme Court of the Straits Settlements. The Supreme Court was reorganized in 1873 to consist of the Chief Justice, the Judge at Penang, and a Senior and Junior Puisne Judge
Puisne Justice
A Puisne Justice or Puisne Judge is the title for a regular member of a Court. This is distinguished from the head of the Court who is known as the Chief Justice or Chief Judge. The term is used almost exclusively in common law jurisdictions such as England, Australia, Kenya, Canada, Sri Lanka,...
. By this time Singapore had become the centre of government and trade in the Straits Settlements, so the Chief Justice and Senior Puisne Judge resided in Singapore, while the Judge of Penang and the Junior Puisne Judge were stationed in Penang. The Supreme Court was also given jurisdiction to sit as a Court of Appeal. As a result of legislation passed in 1885, the Supreme Court consisted of the Chief Justice and three puisne judges. The Court was significantly altered in 1907. It now had two divisions, one exercising original civil and criminal jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
and the other appellate civil and criminal jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
.
During the Japanese occupation of Singapore
Japanese Occupation of Singapore
The Japanese occupation of Singapore in World War II occurred between about 1942 and 1945 after the fall of Singapore on 15 February 1942. Military forces of the Empire of Japan occupied Singapore after defeating the combined Australian, British, Indian and Malayan garrison in the Battle of Singapore...
(1942–1945), all the courts that had operated under the British were replaced by new courts established by the Japanese Military Administration. The Syonan Koto-Hoin (Supreme Court) was formed on 29 May 1942; there was also a Court of Appeal, but it was never convened. Following the end of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, the courts that had existed before the war were restored and remained largely unchanged until Singapore's independence from the United Kingdom through merger with Malaysia in 1963. The judicial power of Malaysia was vested in a Federal Court
Federal Court of Malaysia
The Federal Court of Malaysia is the highest court and the final appellate court in Malaysia. It is housed in the Palace of Justice in Putrajaya...
, a High Court in Malaya
High Courts of Malaysia
The High Courts in Malaysia are the third-highest courts in the hierarchy of courts, after the Federal Court and the Court of Appeal. Article 121 of the Constitution of Malaysia provides that there shall be two High Courts of coordinate jurisdiction—the High Court in Malaya and the High Court...
, a High Court in Borneo
Borneo
Borneo is the third largest island in the world and is located north of Java Island, Indonesia, at the geographic centre of Maritime Southeast Asia....
(now the High Court in Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
and Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...
), and a High Court in Singapore. In 1965 Singapore left the Federation of Malaysia and became an independent republic. However, the High Court remained part of the Federal Court structure until 1969, when Singapore enacted the Supreme Court of Judicature Act to regularize the judicial system. Coming into force on 9 January 1970, the Act declared that the Supreme Court of Singapore now consisted of the Court of Appeal, the Court of Criminal Appeal and the High Court. The Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
remained Singapore's highest appellate court until a permanent Court of Appeal
Court of Appeal of Singapore
The Court of Appeal of the Republic of Singapore is the nation's highest court and its court of final appeal. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the Chief Justice of Singapore, who is the President of the...
for both civil and criminal appeals was established. Appeals to the Privy Council were completely abolished in 1994.
Constitution of the Court
The Supreme Court of Singapore is the nation's superior courtSuperior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
. It is superior in the sense that its jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
to hear civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
and criminal cases
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
is unlimited compared to the Subordinate Courts of Singapore
Subordinate Courts of Singapore
The Subordinate Courts of Singapore is one of the two tiers of the court system in Singapore, the other tier being the Supreme Court. The Subordinate Courts comprise the District and Magistrate Courts—both of which oversee civil and criminal matters—as well as specialised family, juvenile,...
, and it hears appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s from lower courts. As a court of record, it keeps a perpetual record of its proceedings. The High Court is the lower division of the Supreme Court, the upper one being the Court of Appeal
Court of Appeal of Singapore
The Court of Appeal of the Republic of Singapore is the nation's highest court and its court of final appeal. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the Chief Justice of Singapore, who is the President of the...
.
The High Court consists of the Chief Justice of Singapore
Chief Justice of Singapore
The Chief Justice of Singapore is the highest post in the judicial system of Singapore. The Chief Justice is appointed by the President, chosen from candidates recommended by the Prime Minister. The present Chief Justice is Chan Sek Keong....
and the Judges of the High Court. A person is qualified to be appointed a Judge if he or she has for an aggregate period of not less than ten years been a qualified person within the meaning of the Legal Profession Act or a member of the Singapore Legal Service
Singapore Legal Service
The Singapore Legal Service is the collective body of lawyers who serve in the courts, the Attorney-General's Chambers, and the legal departments of various government ministries and statutory boards in Singapore...
, or both. The Chief Justice and Judges of the High Court are appointed by the President of Singapore
President of Singapore
The President of the Republic of Singapore is Singapore's head of state. In a Westminster parliamentary system, as which Singapore governs itself, the prime minister is the head of the government while the position of president is largely ceremonial. Before 1993, the President of Singapore was...
if he, acting in his discretion, concurs with the advice of the Prime Minister
Prime Minister of Singapore
The Prime Minister of the Republic of Singapore is the head of the government of the Republic of Singapore. The President of Singapore appoints as Prime Minister a Member of Parliament who, in his opinion, is most likely to command the confidence of a majority of MPs.The office of Prime Minister...
. Where the appointment of Judges is concerned, the Prime Minister is required to consult the Chief Justice before tendering advice to the President. In addition, to facilitate the disposal of business in the Supreme Court, the President may, if he concurs with the Prime Minister's advice, appoint people qualified to be judges to be Judicial Commissioner
Judicial Commissioner
A Judicial Commissioner in Singapore is appointed to the Supreme Court by the President of Singapore on the advice of the Prime Minister, and has the powers of a Judge. A person may be appointed a Judicial Commissioner if he/she has been a "qualified person" within the meaning of section 2 of the...
s of the Supreme Court. Judicial Commissioners exercise the same powers and perform the same functions as Judges of the High Court. However, unlike Judges who generally hold office until the age of 65 years, Judicial Commissioners do not have security of tenure
Security of tenure
Security of tenure is a term used in political science to describe a constitutional or legal guarantee that an office-holder cannot be removed from office except in exceptional and specified circumstances....
.
In general, all proceedings in the Court are heard and disposed of before a single judge. Whenever the business of the Court requires, a Judge of Appeal of the Court of Appeal may sit in the High Court and act as a High Court Judge. If the Court feels that it requires assistance in a particular case, it may summon persons of skill and experience in the matter to which the proceedings relate to sit with the Court and act as assessors
Assessor (law)
In some jurisdictions, an assessor is a judge's or magistrate's assistant. This is in fact the historical meaning of this word.-By country:In Denmark, it was the former title given to Supreme Court judges. Today the title is given to Deputy Judges...
.
The Chief Justice may give directions of a general or particular nature to distribute the business of the Court among his fellow Judges. In 2002, it was announced that specialist commercial courts would be set up in the Supreme Court to emphasize the judiciary's "commitment to transform Singapore into a premier international commercial dispute resolution centre in litigation, arbitration and mediation". The Admiralty Court was established in February 2002 to deal with admiralty law
Admiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
matters, followed in September by the Intellectual Property Court which is presided over by Judges and Judicial Commissioners with expertise in intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
law. In April 2003, Justice Judith Prakash was appointed to preside over all arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
matters brought before the High Court; Justices Belinda Ang Saw Ean and V.K. Rajah were similarly appointed in November of the following year.
The High Court sits on every day of the year except Saturdays, Sundays and public holidays, although a Judge may lawfully sit on such days if directed to do so by the Chief Justice or if the Judge is of the opinion that the business to be despatched is extremely urgent. The High Court sits at such times and at such places as the Chief Justice appoints from time to time. When the Supreme Court moved from the Old Supreme Court Building and City Hall Building
City Hall, Singapore
The City Hall in Singapore is a national monument gazetted on 14 February 1992. Located in front of the historical Padang and next door to the Supreme Court of Singapore, it was designed and built by the architects of the municipal government, A. Gordans and F. D. Meadows from 1926 to 1929...
at 1 and 3 Saint Andrew's Road respectively to the present Supreme Court Building at 1 Supreme Court Lane, the Chief Justice formally appointed the new building as a place where the High Court sits by way of a notification dated 20 June 2005.
Jurisdiction
The High Court exercises both original jurisdictionOriginal jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
and appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
in civil and criminal matters. By possessing original jurisdiction, the Court is able to hear cases at first instance; in other words, it can deal with trials of matters coming before the courts for the first time. In theory, the Court has unlimited original jurisdiction – it can hear any type of civil or criminal case, no matter how trivial or serious. However, in practice, parties may be penalized by having to pay higher costs (legal fees) if they choose to bring a civil case before the High Court when it is more appropriately dealt with by a subordinate court. For example, a Magistrate's Court may hear civil cases where the amount claimed does not exceed S$
Singapore dollar
The Singapore dollar or Dollar is the official currency of Singapore. It is normally abbreviated with the dollar sign $, or alternatively S$ to distinguish it from other dollar-denominated currencies...
60,000. If a plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
commences an action in the High Court to recover a sum of money based on contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
, tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
or any written law, and the suit could have been filed in a Magistrate's Court, if the plaintiff eventually succeeds in recovering a sum that does not exceed $60,000, she is not entitled to receive any more costs – legal expenses payable to her by the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
– than a Magistrate's Court would have ordered. Generally, except in probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
matters, a civil case must be commenced in the High Court if the value of the claim exceeds S$
Singapore dollar
The Singapore dollar or Dollar is the official currency of Singapore. It is normally abbreviated with the dollar sign $, or alternatively S$ to distinguish it from other dollar-denominated currencies...
250,000. Probate matters are commenced in the High Court only if the value of the deceased's estate exceeds $3 million, or if the case involves the resealing of a foreign grant of probate or letters of administration.
Written laws also specify that some criminal matters should be tried in the Subordinate Courts rather than in the High Court. A District Court, for instance, has jurisdiction to try all offences with a maximum term of imprisonment not exceeding ten years or punishable with a fine only, so trials of such offences are generally not held in before the High Court. The Court exercises its appellate jurisdiction when it hears appeals from trials originating in the Subordinate Courts.
The Court also exercises supervisory and revisionary jurisdiction over subordinate courts.
Original civil jurisdiction
The High Court has jurisdiction to hear and try any action in personamIn personam
In personam is a Latin phrase meaning "directed toward a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgment applies to that person and is called...
(that is, directed towards a particular person) where:
- the defendant is served with a document specifying the nature and particulars of the plaintiff's claim against him or her – either a writ of summonsSummonsLegally, a summons is a legal document issued by a court or by an administrative agency of government for various purposes.-Judicial summons:...
or some other originating process – in or outside Singapore; or - the defendant submits himself or herself to the Court's jurisdiction.
In particular, the Court has jurisdiction:
- under any written law relating to divorceDivorceDivorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
and matrimonial causesMatrimonial law of SingaporeThe Matrimonial Law of Singapore is governed by two acts, the Muslim Marriages act which falls under the Administration of Muslim Law Act whereas the other is under the Women's Charter...
; - under any written law relating to matters of admiralty;
- under any written law relating to bankruptcyBankruptcyBankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
or to companiesCorporate lawCorporate law is the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment interact with one another. Corporate law is a part of a broader companies law...
; - to appoint and control guardiansLegal guardianA legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
of infants (minorsMinor (law)In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
) and generally over the persons and property of infants; - to appoint and control guardians and keepers of the persons and estates of idiots, mentally disordered persons and persons of unsound mind; and
- jurisdiction to grant probateProbateProbate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
s of wills and testamentsWill (law)A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
, letters of administrationPersonal representativeIn common law jurisdictions, a personal representative is the generic term for an executor for the estate of a deceased person who left a will or the administrator of an intestate estate. In either case, a surrogate court of competent jurisdiction issues a finding of fact, including that a will...
of the estatesEstate (law)An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...
of deceased persons and to alter or revoke such grants.
The Court exercises concurrent jurisdiction
Concurrent jurisdiction
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to...
in certain matters with the Syariah Court of Singapore, which deals with cases involving Muslim matrimonial law. Provided that certain conditions are satisfied, the High Court has jurisdiction to hear and try any civil proceedings within the jurisdiction of the Syariah Court relating to maintenance for any wife
Alimony
Alimony is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce...
or child
Child support
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...
, the custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
of any child, and the disposition or division of property on divorce.
The Chief Justice may direct that the District Court to hear and determine certain types of proceedings when he thinks it is necessary or expedient to improve efficiency in the administration of justice and to provide for the speedier disposal of proceedings started in the High Court. In 1996 aspects of the High Court's jurisdiction to hear matrimonial cases were transferred to a dedicated Family Court, which is constituted as a District Court. As of December 2007, the Family Court hears proceedings relating to divorce, division of matrimonial assets and guardianship of children
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
, including matters over which it has concurrent jurisdiction with the Syariah Court. However, contested applications for the division of matrimonial assets where the net value asserted by any party to the proceedings is of or above $1.5 million are transferred back to the High Court. Decisions made by the Family Court may be appealed to the High Court, but no further appeal may be brought to the Court of Appeal unless the Court of Appeal or a Judge of the High Court grants leave for such an appeal.
Civil trials
In most civil trials, the plaintiff begins the proceedings by making a speech opening his or her case. After the plaintiff has presented all the evidence on his or her behalf, the defendant must decide whether or not to adduce evidence. If he or she elects not to do so, the plaintiff may make a speech closing his or her case, and the defendant then proceeds to state his or her case. However, if the defendant elects to adduce evidence, he or she proceeds to open his or her case, present the evidence on his or her behalf, and make a speech closing the case. The plaintiff may then make a speech in reply. If any party in his or her final speech raises a fresh point of law
Question of law
In jurisprudence, a question of law is a question which must be answered by applying relevant legal principles, by an interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence, and inferences arising from those facts...
or cites any authority not previously cited, the other party may make a further speech in reply to that point of law or authority.
If the burden of proof of all the issues in the action lies on the defendant, he or she is entitled to begin instead of the plaintiff. The trial then proceeds with the plaintiff responding to the defendant's case, and so on.
Original criminal jurisdiction
- within Singapore;
- on board any ship or aircraft registered in Singapore;
- by any person who is a citizen of SingaporeSingaporean nationality lawSingaporean nationality law is derived from the Constitution of Singapore and is based on jus sanguinis and a modified form of jus soli...
on the high seasInternational watersThe terms international waters or trans-boundary waters apply where any of the following types of bodies of water transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems , and wetlands.Oceans,...
or on any aircraft; - by any person on the high seas where the offence is piracyPiracyPiracy is an act of robbery or criminal violence at sea. The term can include acts committed on land, in the air, or in other major bodies of water or on a shore. It does not normally include crimes committed against persons traveling on the same vessel as the perpetrator...
by the law of nations; - by any person within or outside Singapore where the offence is punishable under the Hijacking of Aircraft and Protection of Aircraft and International Airports Act or the Maritime Offences Act; and
- in any place or by any person if it is provided in any written law that the offence is triable in Singapore.
Committal hearings and transmission proceedings
Before an accused person is committed to trial in the High Court, a committal hearing must be held before an examining magistrate to determine if there is sufficient evidence for the accused to be put on trial. An accused may be committed for trial at once if he or she wishes to plead guilty (except to an offence punishable by death), the facts of the case presented by the prosecution
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
disclose sufficient grounds for committing the accused, and the magistrate is satisfied that the accused understands the nature of the charge
Criminal charge
A criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:* complaint...
against him or her and intends to admit without qualification the offence alleged against him or her.
In other cases, the examining magistrate must consider the evidence tendered by the prosecution and decide if there are sufficient grounds for committing the accused for trial. If there are insufficient grounds, the magistrate may discharge the accused. If there are peculiar difficulties or circumstances connected with the case, or if the magistrate is so directed by the Public Prosecutor
Attorney-General of Singapore
The Attorney-General of Singapore is the legal adviser to the government of the Republic of Singapore and its public prosecutor.The office was founded in 1867 as the chief legal officer of the British crown colony of the Straits Settlements. The current requirements for appointment as...
, the magistrate must transmit the evidence before the court to the Public Prosecutor so that he or she can give instructions for the disposition of the matter. Otherwise, if the examining magistrate feels that the accused should be committed for trial in the High Court based on the prosecution's evidence, the charge tendered by the prosecution must be read and explained to the accused, and the magistrate must say to him or her the following words or words to similar effect:
If the accused elects to reserve his or her defence
Defense (legal)
In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability...
(that is, he or she chooses not to respond to the charge at this stage), the magistrate must commit him or her for trial. If the accused elects to make his or her defence, this may be done by means of a written statement or an oral statement that is taken down in writing by the magistrate. After hearing the defence, the magistrate may either discharge the accused or commit him or her for trial.
For certain sexual offences, no committal hearing is required if the Public Prosecutor is of the opinion that there is sufficient evidence providing a foundation for a full and proper criminal trial. In such cases, the Public Prosecutor may by fiat designate that the case be tried in the High Court, or in a District Court or Magistrate's Court. On receiving a fiat, a magistrate must arrange for the charge against the accused person to be read and explained to him or her, and then transmit the case to the appropriate court for trial.
Criminal trials
All criminal trials before the High Court are heard and disposed of before a single Judge of the High Court. When the Court is ready to commence a trial, the accused appears or is brought before the court. The charge is read and explained, and the accused is asked whether he or she is guilty of the offence or claims to be tried. If the accused pleads guilty the plea is recorded, and he or she may be convicted
Conviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
on it and sentenced
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
. If the accused refuses to or does not plead, or if he or she claims trial, the Court proceeds to try the case.
Counsel for the Public Prosecutor opens his or her case by stating shortly the nature of the offence charged and the evidence by which the accused's guilt is proposed to be proved. The prosecution witnesses are then examined
Direct examination
The Direct Examination or Examination-in-Chief is one stage in the process of adducing evidence from witnesses in a court of law. Direct examination is the questioning of a witness by the party who called him or her, in a trial...
, cross-examined
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...
for the defence and, if necessary, re-examined
Redirect examination
Redirect examination is the trial process by which the party who offered the witness has a chance to explain or otherwise qualify any damaging or accusing testimony brought out by the opponent during cross-examination...
by the prosecution. When the case for the prosecution is concluded, the defence may invite the Court to dismiss the case on the basis that there is no case to answer
No case to answer
In UK law, at the close of the prosecution's case during a criminal trial, the defendant may submit to the judge or magistrate that there is no case for the defendant to answer. If the judge agrees, then the matter is dismissed and the defendant is acquitted without having to present any evidence...
. The Court must decide whether there is evidence against the accused which is not inherently incredible and which satisfies every element of the charge against him or her. If there is no such evidence, the accused must be acquitted
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
. If the Court finds that a case against the accused has been made out, it must call on the accused to give his or her defence. It is up to the accused to decide whether or not to offer a defence. If the accused elects to do so, he or she, or his or her advocate, may open the case for the defence, stating the facts or law on which the accused intends to rely and commenting on the evidence for the prosecution. The accused may then examine his or her witnesses, and after their cross-examination by the prosecution and re-examination by the defence, may sum up his or her case. The prosecution may then call persons as witnesses or recall persons already examined for re-examination for rebuttal purposes, and such rebuttal witnesses may be cross-examined by the defence and re-examined by the prosecution. Whether or not the accused has adduced evidence, the prosecution has the right to reply on the whole case.
If the Court finds the accused not guilty, it records an order of acquittal. If it finds the accused guilty, it passes sentence on the accused according to law. The High Court is the sole court exercising original criminal jurisdiction that may impose the death penalty
Capital punishment in Singapore
Capital punishment is a legal form of punishment in Singapore. The city-state had the highest per-capita execution rate in the world between 1994 and 1999, estimated by the United Nations to be 1.357 executions per hundred thousand of population during that period. The next highest was Turkmenistan...
. Also, when a person is convicted of an offence punishable with imprisonment for two years or more and had previously been convicted in Singapore or elsewhere of a similar offence, the Court may, in addition to any other punishment, direct that he or she be subject to police supervision for not more than seven years starting immediately after the sentence passed for the last of these offences expires. In addition, only the High Court and District Courts are empowered to sentence convicted persons to corrective training, reformative training or preventive detention.
At any stage of a trial before the Court before the return of the verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...
, the prosecution may inform the Court that it will not further prosecute the accused upon the charge. All proceedings on the charge against the accused are then stayed
Stay of proceedings
A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal process in a trial. The court can subsequently lift the stay and resume proceedings. However, a stay is sometimes used as a device to postpone proceedings indefinitely.-United Kingdom:In United...
, and he or she is discharged. The prosecution may act in this manner for various reasons; for example, if it no longer believes that the accused committed the offence, if it feels that the case against the accused is weak, or if it is of the view that further investigations are required to gather evidence for its case. Unless the judge expressly directs otherwise, such a discharge does not amount to an acquittal. This means that if the prosecution is able to obtain additional evidence to bolster its case, it may bring criminal proceedings against the accused again at a later stage.
Judicial review jurisdiction
A special aspect of the High Court's original jurisdiction is its judicial review jurisdiction. This jurisdiction is implied rather than expressly stated in any statute. The Court exercises two types of judicial review: judicial review under the Constitution of Singapore, and judicial review of administrative acts. However, only the first type is an exercise of the Court's judicial review jurisdiction, as judicial review of administrative acts is regarded as falling within the Court's supervisory jurisdiction (see below).The Constitution of Singapore
Constitution of Singapore
The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
is the supreme law of Singapore. Ordinary laws that were in force prior to the Constitution coming into force on 9 August 1965 continue to apply after the Constitution's commencement but must be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution. Any law enacted by the Legislature
Parliament of Singapore
The Parliament of the Republic of Singapore and the President jointly make up the legislature of Singapore. Parliament is unicameral and is made up of Members of Parliament who are elected, as well as Non-constituency Members of Parliament and Nominated Members of Parliament who are appointed...
after the commencement of the Constitution which is inconsistent with the Constitution is void to the extent of the inconsistency. Thus, the Constitution reflects the principle established in the landmark decision of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, Marbury v. Madison
Marbury v. Madison
Marbury v. Madison, is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring...
(1803): since it is the role of the courts to interpret the law, they have power to decide whether ordinary laws are inconsistent with the Constitution and, if so, to declare such laws to be void. The Singapore Court of Appeal adopted a similar stance in its judgment in the 1994 case Chan Hiang Leng Colin v. Public Prosecutor:
In criminal proceedings, if a question of law arises as to the interpretation or effect of any provision of the Constitution, a party may apply to the trial court for a case to be stated
Case Stated
Case stated is an appeal mechanism, a legal function, available in England and Wales to review a magistrates' court decision on a point of law. It is a statement of facts prepared by one court for the opinion of another on a point of law....
on the legal question to a "relevant court" for its decision. Where the trial court is a subordinate court the relevant court is the High Court; and where the trial court is the High Court the relevant court is the Court of Appeal. The Public Prosecutor has a right to be heard at the hearing of the case stated. As there are no corresponding statutory provisions for civil proceedings, when constitutional issues arise in the course of such matters in a subordinate court, they will be dealt with by that court and may then be appealed to the High Court and possibly to the Court of Appeal in the usual manner. Alternatively, a party to the civil proceedings can start a separate action in the High Court for the constitutional issue to be determined.
Powers
The High Court exercises powers that are vested in it by written law. For example, it has the power to:- order that evidenceEvidenceEvidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
be preserved by seizureSearch and seizureSearch and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
, detention, inspection, photographing, the taking of samples, the conduct of experiments or in any manner, both before and after proceedings are commenced; - transfer any proceedings to any other court, or to or from any subordinate court; and
- order the medical examination of a person who is a party to any proceedings where his or her physical or mental condition is relevant to any matter in question in the proceedings.
The High Court may order that any criminal case be transferred from a subordinate criminal court to any other criminal court of equal or superior jurisdiction, or to the Court itself, whenever it appears to the Court that:
- a fair and impartial inquiry or trial cannot be had in any subordinate criminal court;
- some question of law of unusual difficulty is likely to arise; or
- an order is expedient for the ends of justice or is required by any provision of the Criminal Procedure Code or other written law.
Appellate civil jurisdiction
When exercising appellate jurisdiction in civil cases, the High Court hears appeals from District Courts, Magistrates' Courts and other tribunals. The permission of the High Court, a District Court or Magistrate's Court is needed for an appeal from a District Court or Magistrate's Court case where the amount in dispute or the value of the subject-matter does not exceed $50,000. Such appeals are usually heard by a single judge, although if he or she thinks fit the appeal may be fixed before a court of three judges. In such cases, the appeal is decided according to the opinion of the majority of the judges. If the Court is of the view that the trial judge's decision was correct, it will dismiss the appeal and uphold the decision below. Otherwise, the appeal is allowed and the trial judge's decision is overturned.Appeals are by way of rehearing; in other words, the High Court is entitled to consider the case afresh and is not bound in any way by the decision made by the court below. However, during an appeal, witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es do not appear before the Court again to repeat their testimony. Instead, the Court refers to the notes taken by the judge who presided at the trial at first instance, or the full transcript
Transcript (law)
A transcript is a written record of spoken language. In court proceedings, a transcript is usually a record of all decisions of the judge, and the spoken arguments by the litigants' lawyers. A related term used in the US is docket, not a full transcript. The transcript is expected to be an exact...
of the proceedings if this is available. It also listens to legal arguments advanced by the parties' lawyers. During an appeal, the Court has the same powers as the Court of Appeal has when it hears appeals from the High Court.
Appellate criminal jurisdiction
The High Court hears appeals from criminal cases originating in the District Courts and Magistrates' Courts. These inferior courts can also reserve points of law arising in criminal cases to be decided by the High Court.In general, a person convicted by a District Court or Magistrate's Court may appeal against his or her conviction, sentence or both. However, if he or she has pleaded guilty, the appeal may only be as to the extent or legality of the sentence. The Public Prosecutor is entitled to appeal against a person's acquittal.
The High Court will not reverse or set aside a judgment, sentence or order of a subordinate court unless it is shown to its satisfaction that the judgment, acquittal, sentence or order was either wrong in law or against the weight of the evidence, or, in the case of a sentence, manifestly excessive or inadequate in the circumstances of the case. If there is no sufficient ground for interfering, the Court will dismiss the appeal. Otherwise, the Court may make the following orders:
- in an appeal from an acquittal, it may reverse the order and direct that further inquiry be made or that the accused should be retried or committed for trial, or find him guilty and pass sentence on him or her according to law;
- in an appeal from a conviction, it may:
- reverse the finding and sentence and acquit or discharge the accused or order him or her to be retried or committed for trial;
- alter the finding, maintaining the sentence; or, with or without altering the finding, reduce or enhance the sentence; or
- with or without the reduction or enhancement and with or without altering the finding, alter the nature of the sentence;
- in an appeal as to sentence, reduce or enhance the sentence, or alter the nature of the sentence; or
- in an appeal from any other order, alter or reverse the order.
A District Court or Magistrate's Court may, within ten days from the time of any judgment, sentence or order passed or made, state a case on any question of law arising in the proceedings for the High Court's consideration any question of law
Question of law
In jurisprudence, a question of law is a question which must be answered by applying relevant legal principles, by an interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence, and inferences arising from those facts...
arising in the proceedings either with or without a written application from a party to the proceedings. A subordinate court may refuse to state a case for the High Court if it is of the opinion that the application for it is frivolous, except if the application is made by the Public Prosecutor. If a subordinate court refuses to state a case, an applicant may apply to the High Court for an order to compel the subordinate court to do so. The High Court hears and determines the questions of law arising on cases stated, then either affirms, amends or reverses the subordinate court's decision on the matter, or makes any other order that it sees fit.
Supervisory jurisdiction
The High Court has general supervisory and revisionary jurisdiction over all subordinate courts. If the interests of justice appear to require it, the Court may, either of its own motion or if requested by any interested person, call for the records of any matter or proceeding in a subordinate court, whether civil or criminal, at any stage. It may then order that the matter be transferred to the High Court or give the subordinate court directions regarding how the matter should be conducted, as justice may require. When exercising supervisory or revisionary jurisdiction, it is for the Court to decide whether or not to hear submissions from any party to the proceedings; no party has a right to be heard before the Court. However, if the Court intends to make a final order that is to the prejudice of any person, that person must first be given an opportunity of being heard.One important aspect of the High Court's supervisory jurisdiction is its ability to judicially review the decisions of inferior tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
s (including subordinate courts) and other decision-making bodies and persons such as government agencies and officials. The jurisdiction originates from the ancient "jurisdiction in error" exercised by the King's Bench which is now a division of the High Court of Justice of England and Wales. Although the exercise of this jurisdiction by the Singapore High Court is not mentioned in any statute, the Court is specifically empowered to issue to any person or authority any direction, order or writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
for the enforcement of any right conferred by written law or for any other purpose, including the following prerogative orders
Prerogative writ
Prerogative writs are a class of writs which originate from English law. Originally they were available only to the Crown, but later they were made available to the monarch's subjects through the courts.The prerogative writs are:*certiorari...
:
- a mandatory order (formerly known as mandamusMandamusA writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
); - a prohibiting order (formerly known as a prohibitionProhibition (writ)A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. In practice, the Court directs the Clerk to issue the Writ, and directs the Sheriff to serve it on the subordinate, and the Clerk prepares the Writ and gives it to the Sheriff, who serves it.This...
); - a quashing order (formerly known as certiorariCertiorariCertiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
); and - an order for review of detention (formerly known as a writ of habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
).
Such orders were issued by the King's Bench in the exercise of its judicial review jurisdiction.
In theory, when exercising judicial review of administrative action, the Court's task is only to ensure that the decision in question was made according to the law. Even though it may disagree with the decision, it will not substitute its own decision for that of the decision-maker. In practice, however, it is sometimes difficult to tell whether the Court is applying that principle. The branch of law dealing with this facet of the Court's jurisdiction is administrative law.
Revisionary jurisdiction
The High Court may call for and examine the record of any civil proceedings before any subordinate court to satisfy itself that any decision made was correct, legal and proper, and that the proceedings were not irregular. Having called for the records, the Court may give orders, including directing that a new trial be held, as seem necessary to secure that substantial justice is done. Although the Court can either act on its own motion or at the instance of a party, it will not entertain a request by a party to exercise its power of revision if the party could have appealed from the subordinate court decision but failed to do so.The High Court may also exercise powers of revision in respect of criminal proceedings and matters in subordinate courts. On calling for and examining the records of criminal proceedings or otherwise, the Court may direct a magistrate to make further inquiries into any complaints of offences that have been dismissed, or into the case of any accused person who has been discharged. The Court may also exercise powers that it exercises upon an appeal, such as reversing a conviction or altering a sentence, except that the Court is not authorized to exercise its revisionary jurisdiction to convert a finding of acquittal into one of conviction. As in civil cases, when the Court is exercising its powers of revision it is up to it to decide whether or not to hear submissions from any party, and no party can claim a right to be heard. However, no order that prejudices an accused shall be made unless he or she has had an opportunity of being heard either personally or by advocate in his or her own defence. When a case has been revised by the High Court, it will certify its decision or order to the trial court, which may then make further orders that conform to the certified decision.
Judicial precedent
Under the principles of stare decisisStare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
(judicial precedent), the High Court is bound by decisions of the Court of Appeal. This means if there is a decision of the Court of Appeal that is relevant to a case being heard in the High Court, the High Court must apply it even if
it feels that the decision was wrongly decided or may cause injustice. In turn, decisions of the High Court are binding on District Courts and Magistrates' Courts.
A Judge of the High Court is not bound by previous decisions by other High Court Judges. However, as a matter of comity
Comity
In law, comity specifically refers to legal reciprocity—the principle that one jurisdiction will extend certain courtesies to other nations , particularly by recognizing the validity and effect of their executive, legislative, and judicial acts...
, a Court will generally not depart from a previous decision unless there is a good reason to do so, particularly if that decision has stood for some time. If there are conflicting High Court decisions, it is up to the Court of Appeal to decide which decision is correct.
See also
- Court of Appeal of SingaporeCourt of Appeal of SingaporeThe Court of Appeal of the Republic of Singapore is the nation's highest court and its court of final appeal. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the Chief Justice of Singapore, who is the President of the...
- Judicial officers of the Republic of SingaporeJudicial officers of the Republic of SingaporeThe judicial officers of the Republic of Singapore work in the Supreme Court and the Subordinate Courts to hear and determine disputes between litigants in civil cases and, in criminal matters, to determine the liability of accused persons and their sentences if they are convicted.In the Supreme...
- Judicial system of SingaporeJudicial system of SingaporeThe full Judicial power in Singapore is vested in the Supreme Court as well as subordinate courts by the Constitution of Singapore. The Supreme Court consists of the Court of Appeal and the High Court. The Court of Appeal exercises appellate criminal and civil jurisdiction, while the High Court...
- Law of SingaporeLaw of SingaporeThe legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes...
- Lawyers in SingaporeLawyers in SingaporeLawyers in Singapore are part of a fused profession, meaning that they may act as both a solicitor and as an advocate, although lawyers usually specialize in one of litigation, conveyancing or corporate law....
- Subordinate Courts of SingaporeSubordinate Courts of SingaporeThe Subordinate Courts of Singapore is one of the two tiers of the court system in Singapore, the other tier being the Supreme Court. The Subordinate Courts comprise the District and Magistrate Courts—both of which oversee civil and criminal matters—as well as specialised family, juvenile,...
- Supreme Court of Singapore