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Faishal Ibrahim: Removing mandatory minimum sentences in traffic bill not a leniency signal

Singapore’s Parliament passed a law on 7 January amending mandatory minimum sentences for first-time dangerous and careless driving offenders.

The new Road Traffic (Miscellaneous Amendments) Bill provides courts with greater discretion to impose sentences based on case specifics. |

Although first-time offenders will face penalties, the mandatory minimums for repeat offenders have been reduced. However, concerns were raised by MPs about the potential for perceived leniency.

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SINGAPORE: Parliament passed a law on Tuesday (7 January), removing mandatory minimum sentences and disqualification periods for first-time dangerous and careless driving offenders.

Under the Road Traffic (Miscellaneous Amendments) Bill, the courts now have greater discretion to determine appropriate sentences based on the circumstances of cases, replacing the previous mandatory minimum sentences.

Tabling the Bill for a second reading, Minister of State for Home Affairs Muhammad Faishal Ibrahim emphasised that first-time offenders would still face penalties. These would be determined based on factors such as the “nature and severity of the harm caused to the victim and the level of culpability of the accused.”

Assoc Prof Faishal further noted that the vast majority of criminal offences in Singapore law do not prescribe mandatory minimum penalties, and the courts have discretion to impose a just sentence within statutory limits. “These amendments bring the approach for first-time traffic offenders closer to the norm,” he said.

As part of the changes, mandatory minimum sentences for repeat offenders will also be lowered.

For dangerous driving causing death, the mandatory minimum sentence is reduced from four years to two, while for causing grievous hurt, it is cut from two years to one. The aim is to create a more “gradual progression” in sentencing between first-time and repeat offenders, Assoc Prof Faishal explained.

“The intent of these amendments is not to signal a more lenient stance towards repeat offenders,” he added.

Faishal emphasised that repeat offenders will still face mandatory minimum jail terms and disqualification periods, with the possibility of higher sentences.

He also assured that serious offenders, particularly those driving under the influence of alcohol or drugs, will continue to face severe penalties, including mandatory minimum sentences and maximum penalties such as lifetime imprisonment.

MPs express public concerns over removal of mandatory minimum penalties for first-time offenders under the Road Traffic Bill

MPs including Dennis Tan, Workers’ Party MP for Hougang SMC, PAP MP for Yio Chu Kang SMC Yip Hon Weng, and Tanjong Pagar GRC MP Joan Pereira, Nominated Member of Parliament Razwana Begum, and Non-Constituency MP Hazel Poa expressed concerns raised by the public about the removal of mandatory minimum penalties for first-time offenders.

Yip raised concerns that removing mandatory minimum sentences could be perceived as leniency, undermining public trust in road safety efforts. Pereira criticised the changes as too lenient, arguing that severe penalties were necessary to deter dangerous driving, while Ms Begum suggested a public awareness campaign to clarify the intent of the amendments.

Poa from Progress Singapore Party stated that although the party supported many other proposed amendments, they could not support the change to remove mandatory minimum sentences and disqualification periods for first-time offenders, especially amid rising traffic fatalities and fatal speeding accidents.

Hazel Poa highlights “apparent policy U-turn” following 2019 Road Traffic Act review on stricter penalties

In her speech, Ms Poa pointed to what she called an “apparent policy U-turn”, following the 2019 review of the Road Traffic Act, which increased maximum imprisonment terms, introduced mandatory minimum sentences for offences causing death or grievous harm, and instituted higher penalties for repeat offenders.

In his closing speech, Faishal said the ministry periodically reviews offences and penalties under the Road Traffic Act, having given time for the 2019 amendments to take effect.

“We now assess that amendments are necessary to recalibrate the balance between deterrence and proportionality,” he said.

Responding to Poa’s question about the shift in policy since 2019, Assoc Prof Faishal said the amendments provide a “better option and more flexibility” for fairer sentencing.

“Even though we removed the minimum element, the court will look at the facts of the case, enabling more flexibility and a fairer outcome.”

The minister of state also addressed concerns that the changes might send a wrong message to offenders, reiterating that the intent was not to signal leniency.

“We will continue to punish those who exhibit irresponsible driving behaviour,” he assured, noting that maximum penalties remain unchanged.

Parliament later passed the Bill, with both PSP NCMPs, Hazel Poa and Leong Mun Wai, voting against the amendments, having their dissent formally recorded.

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