Article 9 of the Constitution of Singapore

MC4: OCT SEMESTER 2018/2019

CRIMINAL PROCEDURE & LAW OF EVIDENCE

PROJECT INSTRUCTIONS

1. This is an individual assignment which accounts for 30% of your total assessment in this subject.

2. The assignment is to write an essay of not less than 1000 words and not more than 3000 words on the question below.

3. The assignment will be marked out of 100 marks. In keeping with our mutual aim to cultivate thinking personnel, the marks will be distributed as follows:-

Understanding and explanation of the law - coverage	40 marks
Ability to critically evaluate the law in relation to desired outcomes in practice, suggested reforms including originality of thought	40 marks
Conciseness, language and organisation	20 marks

4. If it is determined that one student has copied from another, both students will be penalised. The extent of the penalty will depend on the circumstances of the case.

5. Any student found plagiarizing from other works, published or unpublished, will be dealt with as in (4) above. All thoughts, ideas and quotes that are not originally the students should be acknowledged in the essay.

6. All assignments are to be submitted at the Temasek Skillsfuture Academy (TSA) by 7.00 p.m. on 17

Jan 2019. Put your assignment in a sealed envelope addressed to:

Criminal Procedure [Your Diploma name] [Attn: JONATHAN TAN]. Please also state your full name, your matriculation number, your course and the subject title on the front page of your assignment. Late assignments will be marked down at 3 marks per working day.

7. You are strongly encouraged to do some of your own research and reading and/or to relate to your personal experience or observations, as this will in all likelihood improve the quality of your assignment.

8. For any clarification or consultation during the assignment, please contact

Jonathan Tan at 67806983 or email to jonsltan@tp.edu.sg.

all the best!!

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ESSAY QUESTION

Article 9 of the Constitution of Singapore states that:

An arrested person has the following rights guaranteed under the Constitution:

(1) to be deprived of his life or liberty only if according to law;

(2) if the detention is unlawful, to apply to the High Court to secure release;

(3) to be informed of the grounds of his arrest as soon as may be;

(4) to be allowed to consult and be defended by a legal practitioner of his choice;

(5) if he is not released, he must without unreasonable delay and in any case within 48 hours (excluding the time for any necessary journey) be produced before a Magistrate who shall decide if he should be further detained.

List 3 examples of case laws in Singapore (one case for each particular right) or any existing Statutes (laws passed by Parliament) where it appears that such 3 rights were not guaranteed as stated in the Constitution. What (if any) recommendations would you make with regard to legal reform (i.e. making the law more just and fair)?

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REFERENCE BOOKS:

1) ‘The Criminal Procedure Code of Singapore’ - Annotations and Commentary by Editor-in-chief, Jennifer Marie, 2012

2) ‘Criminal Procedure’ Halsbury Laws of Singapore

1 NOV 2018