Explainer: Is there any time limit on criminal charges?

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Recently, a man who had fled to Malaysia for 14 years returned to Singapore and pleaded guilty to crimes he committed over a decade ago.

Mr Haron Ismail pleaded guilty to three charges related to housebreaking, for serving as a getaway driver in a series of office break-ins and robberies dating back to 2002.This may come as a surprise to some, who may be wondering whether there is any time limit on criminal charges in Singapore.

The usual safeguards apply, that is, the charge must be proved beyond reasonable doubt by the prosecution. In general, actions in tort or contract cannot be brought more than six years after the incident which gives rise to the claim . However, if there is an unexplained and unnecessary delay in prosecution which is not due to the accused’s fault, the court may take that into account when sentencing the accused, out of a sense of basic fairness.The accused would be charged under whatever law would have been applicable at the time of the offence. He would not be charged under the current law, since the law that he broke was the one that was in force at the time he committed the offence.

Fleeing jurisdiction is generally taken to show lack of remorse. It is also frowned upon as it deliberately frustrates the working of the justice system. It is therefore a serious aggravating factor, and the longer the accused stays away, the more aggravating it would be.

 

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