Publication Type

Case note/Digest

Version

acceptedVersion

Publication Date

9-2020

Abstract

Unlike applications to retract guilty pleas, accused persons are not required to provide valid and sufficient reasons when qualifying their guilty pleas in mitigation. In Criminal Reference No. 5 of 2018, the Court of Appeal held that section 228(4) of the Criminal Procedure Code allows accused persons to qualify their guilty pleas in mitigation to the extent that it amounts to a retraction of their guilty pleas unless there is an abuse of the court’s process. This comment considers the desirability of the current law and suggests that the law applying to such withdrawals of guilty pleas should be amended.

Keywords

Criminal Law, Penal Code, Guilty Pleas, Withdrawal

Discipline

Asian Studies | Courts | Criminal Law

Publication

Singapore Journal of Legal Studies

Volume

[2020]

First Page

756

Last Page

768

ISSN

0218-2173

Publisher

National University of Singapore

Embargo Period

6-8-2021

Copyright Owner and License

Authors

Additional URL

https://ssrn.com/abstract=3650730

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