Sentencing Advisory Panel - Publication of Guidelines for Scams-Related Offences

Source: Sentencing Advisory Panel
Article Date: 22 Aug 2024

The Sentencing Advisory Panel has published a set of Guidelines for Scams-Related Offences on 21 August 2024. Parties may raise the Guidelines in their submissions to the court with immediate effect.

The Sentencing Advisory Panel (“Panel”) has published a set of Guidelines for Scams-Related Offences on 21 August 2024. Parties may raise the Guidelines in their submissions to the court with immediate effect.

The Guidelines provide clarity on how offenders facing the new Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 (“CDSA”) and Computer Misuse Act 1993 (“CMA”) offences should be sentenced. These offences were introduced by Parliament in 2023 and came into force on 8 February 2024. They target a critical component of the operation of scam syndicates – persons in Singapore who hand over control of their bank accounts or who disclose Singpass credentials to others, who are then able to use these to commit scams and launder scam proceeds.

The Guidelines aim to provide clarity on how the new CDSA and CMA offences should be sentenced. They include recommended starting sentences as well as the offender- and offence-specific factors to be considered when adjusting the starting sentence (e.g. committing the offence for personal gain, involvement of a vulnerable victim).

To send a strong deterrent signal, the Guidelines recommend that custodial sentences should be the norm for scams-related offences involving the handing over of bank accounts or the disclosure of Singpass credentials. This recommendation applies to all offenders (even young offenders below the age of 21), except juvenile offenders dealt with in the Youth Court.

The Panel is chaired by Justice Tay Yong Kwang, Justice of the Court of Appeal, and brings together members with a wide range of experience and expertise – from the Judiciary, the Ministry of Law, the Ministry of Home Affairs, the Singapore Police Force, the Attorney-General’s Chambers, the Public Defender’s Office and the Defence Bar. The Panel’s key function is to formulate guidelines on matters relating to sentencing, to promote greater consistency, transparency and public awareness. More information on the Panel can be found on its website: <www.sentencingpanel.gov.sg>.