Deferred prosecution agreements in Singapore: What is the appropriate standard for judicial approval
Publication Type
Journal Article
Version
publishedVersion
Publication Date
8-2019
Abstract
Originating from the US, deferred prosecution agreements (“DPAs”) have made their way to the UK through the Crime and Courts Act 2013 and Singapore through the Criminal Justice Reform Act 2018. The Singapore model for approval of DPAs draws heavily from the UK and both require proof to a court that DPAs are in the “interests of justice” and that their terms are “fair, reasonable and proportionate” before DPAs can be approved. This paper considers the theoretical basis for the court’s approval of DPAs, critically examines the application of the tests for approval of DPAs in the UK and considers Singapore’s likely approach. Where appropriate, it also draws on the experience of the US and identifies lessons that can be learnt for Singapore.
Keywords
deferred prosecution agreements, evidence, criminal procedure, corporate crime
Discipline
Criminal Law | Criminal Procedure
Research Areas
Dispute Resolution
Publication
International Commentary on Evidence
Volume
16
First Page
1
Last Page
16
ISSN
1554-4567
Identifier
10.1515/ice-2019-0002
Publisher
De Gruyter
Citation
CHUA, Eunice and CHAN, Benedict Wei Qi.
Deferred prosecution agreements in Singapore: What is the appropriate standard for judicial approval. (2019). International Commentary on Evidence. 16, 1-16.
Available at: https://ink.library.smu.edu.sg/sol_research/3092
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://doi.org/10.1515/ice-2019-0002