The District Court's Sentencing Jurisdiction

Abstract

This article traces the evolution of the summary jurisdiction in Singapore and particularly, the emergence of the distinctions between trial and sentencing jurisdiction and punishability. It shows that in the case of the Magistrate's Court, the distinction between trial and sentencing jurisdiction accommodates the summary trial of an offense which can vary greatly in seriousness of manifestation and ease of proof. It argues that in contrast, the distinction between the trial and sentencing jurisdiction of the District Court responds to the fundamental division between summary and non-summary jurisdiction. As a result, the Parliamentary decision in 1960 to re-allocate non-summary cases to the summary jurisdiction of the District Court required a compromise, that the accused if convicted could never be punished with the full term of imprisonment authorized by the offense-creating provision where that exceeded the limits of the trial jurisdiction, as a trade-off for the loss of the accused's rights to a preliminary inquiry and a non-summary trial. The article concludes that the Court of Appeal's ruling in Louis Pius Gilbert v PP [Public Prosecutor] [2003] 3 SLR [Singapore Law Reports] 418 is correct.

Keywords: Criminal procedure, sentencing, summary criminal jurisdiction, Singapore

JEL Classification: K14, K42