Singapore Cp 48 Code Of Practice

The Supreme Court also decided that \"The offences in Schedule 1 (the adult criminal offences) do not include an offence under the Criminal Law (Temporary Provisions) Act. Therefore, the offender can be ordered to repent before he is caned.\"[188] For this reason, caning was originally the sole punishment for certain crimes in addition to a prison sentence. In 1993, the then-Attorney-General, Michael Palmer QC, said that \"The Supreme Court would not endorse the practice of judicial caning, but will regretfully have no option but to comply with it.\".[189] The practice of judicial caning has been widely criticised, especially after the 1994 Michael Fay incident. Amnesty International condemned the practice of judicial caning in Singapore as a \"cruel, inhuman or degrading punishment\".[184] While the United Nations Human Rights Committee has noted that the practice of caning by the Singapore courts is not appropriate, it has not condemned the practice itself as long as the individual continues to be given appropriate medical attention.[190]

There are also strong rules under Section 38(1) of the Criminal Procedure Code, which states that \"An offender who has been charged with or convicted of an offence shall be punished by the Court only in terms of imprisonment or fine or both.\". Despite this rule, some lower courts have ordered canings for convicts to attend their crimes as a means of showing remorse or \"sobriety\".[187]

The Singapore government and the Supreme Court are just as strongly opposed to the practice as the judiciary, and have very stringent rules about how it is carried out. In 1996, on a parole decision on Michael Fay, the Supreme Court said that caning should not be carried out in public. The Parole Board for Corrections, which can parole an offender into the community to serve a sentence under house arrest and supervision, also considers the possibility of the offender being re-incarcerated for a second or latest strike off at any time. Such re-incarceration may happen if offences are committed within three years of a convict being released on parole. 7211a4ac4a