Publication Type

Journal Article

Version

Postprint

Publication Date

12-2012

Abstract

The right to presumption of innocence is said to exist in almost all criminal justice systems, including Singapore. Curiously, however, no Singapore case has ever attempted to establish the exact source and contours of this longstanding right. This is unsatisfactory, as this diminishes the meaningfulness of what is supposed to be a fundamental right in the criminal justice process. The primary aim of this article is thus to conduct a preliminary survey of the law on the presumption of innocence in Singapore. It begins by proposing the Woolmington conception as a workable starting point, but posits a guiding principle to further determine the scope of the right (Part I). On that footing it surveys the various sources of law in Singapore to identify the relevant rules that could either protect or detract from the right (Part II), and concludes with some reflections on the results of the survey (Part III), including the tentative suggestion that, on the proposed conceptualisation at least, the right to presumption of innocence could be better protected in Singapore and may need to be properly reconceptualised altogether.

Discipline

Asian Studies | Criminal Law

Research Areas

Law, Society and Governance

Publication

LAWASIA Journal

Volume

7

First Page

78

Last Page

96

ISSN

0047-4207

Embargo Period

4-25-2017

Copyright Owner and License

Author

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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