BAIL COURT

BAIL COURT: * * *

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(Extent of success): **

6.

Ms Sylvia Lim asked the Minister for Law whether and to what extent the Bail Court constituted in 2007 has succeeded in (i) its aims; and (ii) more persons being released on bail pending investigations, trial or appeal.

Mr Shanmugam: (i) Whether the Bail Court has succeeded in its aims:

The Bail Court was set up in 2007 in order to provide a dedicated process to deal with bail review applications by accused persons. Managed centrally by a judge, the Bail Court seeks to bring a consistent approach to bail conditions and quanta of bail set (with the aim generally to, where possible, reduce the bail amounts), reduce time spent in remand and ensure that review applications are dealt with expeditiously. At the same time, it was also intended that there would be an individualised and offender-specific assessment made for each bail review application. The setting up of a specialised Bail Court thus sought to strike a proper balance between the rights of the accused, the victim and public interest.

I am informed by the Subordinate Courts that the Bail Court is meeting its stated objectives. Bail reviews are now conducted daily, from Monday to Friday. The extensive use of video-link facilities has speeded up applications by the accused or through his counsel. In about 30% of the cases it dealt with, the Bail Court has reduced and/or varied bail terms. The Subordinate Courts also work with the Criminal Legal Aid Scheme (CLAS) and the Association of Criminal Lawyers of Singapore (ACLS) to have volunteer lawyers present, where necessary, to assist the remandees in the bail review applications.

The Subordinate Courts have published online the "Bail Guidelines", a comprehensive and useful guide on how bail decisions are made by the Courts, describing factors the Courts take into account, and the general bail formulae. To assist the general public, the Courts have provided information on the bail process and the responsibilities of a surety through the Subordinate Courts Practice Pamphlet.

(ii) Whether more persons being released on bail pending investigations, trial or appeal:

The Subordinate Courts have not kept the data of the number of persons released on bail prior to 2007. It may not be a meaningful exercise to compare whether more persons have been released now on bail compared with any previous year(s). Each bail application must turn on its own specific facts. Whether there is a successful application depends on a variety of factors including: whether an application for bail is made in the first place; the specific facts of the case, including the gravity of the offence; and the Court's assessment of the likelihood of the accused jumping bail. What the setting up of the Bail Court has done is to ensure that there is a dedicated and centrally managed process to deal with bail review applications, to achieve a consistent and expeditious approach towards such applications.

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Nevertheless, the Member may wish to know that from May 2007 (when the Bail Court was first set up) to April 2008, 5,981 cases were fixed for bail review in the Bail Court and 52% of the cases were bailed out (ie, 3,154 cases). The Subordinate Courts closely track the cases of accused persons who are not bailed out and try and ensure that such cases are disposed of fairly and efficiently.

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