As solicitors acting for their clients and as officers for the Court, criminal defence counsel hold a dual responsibility. They must navigate their ethical obligations to both their clients and the Court while representing their clients within the criminal justice system.

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Key Topics Covered:

1. What are some of the key obligations?

2. Have these obligations shifted in recent times? 

3. Are defence counsel being held to higher ethical standards? Are we required to conduct ourselves differently? 

4. What are some of the repercussions for breaches of ethical standards?

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Moderator:

Shirin Chew, CLAS Fellow, Pro Bono SG​

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Speakers:

Muslim Albakri, Managing Director, Albakri LLC

Nakoorsha Bin Abdul Kadir, Managing Director, Nakoorsha Law Corporation

The investigation and arrest of an accused person marks the beginning of the criminal justice procedure, and involves restricting an accused’s persons freedom of movement, among others. 

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In this module, we will address investigative procedures and timelines, arrest protocols, the rights of accused persons, issues of bail and more – including a discussion on the recent case of  Mah Kiat Seng v Attorney-General & ors [2023] SGHC 14

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Key Topics Covered:

1. What is an arrest, and when can a police officer arrest someone?

2. What rights does an accused person have while in custody? Is an arrested individual entitled to legal advice whilst in police custody? 

3. What powers of investigation do the authorities have? 

4. What is bail and what is its purpose? How does bail work?
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Moderator:

Benedict Koh, CLAS Fellow, Pro Bono SG

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Speakers:

Steven Lam, Founder and Director, Templars Law LLC

Suang Wijaya, Managing Partner, Eugene Thuraisingam LLC

Andre Jumabhoy, Advocate & Solicitor, Andre Jumabhoy LLC

Representations and CCMS tend to be the first point of contact with the Prosecution, and defence counsel’s first opportunity to advocate on behalf of the client. 

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How can a defence counsel advance their client’s case and interests through Representations? How can defence counsel engage meaningfully in Criminal Case Management System (CCMS) discussions with the Prosecution as a pre-trial discovery and plea-bargaining tool.

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What can be expected of the Prosecution at a CCMS?

Key Topics Covered:

1. How can defence counsel prepare for CCMS?

2. Practical tips on what makes a persuasive letter of representation.

3. How parties can engage in an effective CCMS discussion both from the perspective of the Prosecution and Defence?

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Moderator:

Foong Ke Hui, Community Law Advocate, Pro Bono SG

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Speaker: 

Derek Kang, Managing Director, Cairnhill Law LLC

Wong Woon Kwong, SC, Deputy Chief Prosecutor, Attorney General's Chambers

A plea of guilt can have significant implications for the client and the resulting sentence. What can defence counsel do to facilitate the process for the client?

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The criminal defence counsel will understand the law relating to guilty pleas, learn how and when to advise the client in deciding whether to enter a plea and ensure that the client makes only knowing, voluntary, and intelligent waiver of the right to trial. Defence counsel will also appreciate that a counsel's engagement might not necessarily end once a sentence has been imposed, and that clients (and their family) may require assistance/guidance thereafter.

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Key Topics Covered:

1. The legal framework surrounding pleas of guilt: what is an SOF? What exactly does the client need to agree to?

2. Ensuring informed decisions on part of the client. 

3. How can defence counsel continue to support their clients beyond sentencing – post sentencing considerations.

4. Risks that defence counsel may face.

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Moderator:

Kevin Ho, CLAS Advocate, Pro Bono SG

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Speaker: 

Johannes Hadi, Partner, Eugene Thuraisingam LLC

Marshall Lim, Assistant Chief Public Defender, Public Defender's Office

The criminal defence counsel will understand the various factors that are considered by the Courts in the selection and calibration of the appropriate individual and global sentences.

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The criminal defence counsel will also learn the trends in applying sentencing frameworks as discerned from Supreme Court jurisprudence from 2017 to 2024.

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Key Topics Covered:

1. Sentencing objectives

2. Sentencing frameworks

3. Harm-Culpability matrix and the factors which are considered under each axis

4. Aggravating, mitigating and neutral factors

5. Concurrent and consecutive sentencing, and the role of proportionality in global sentencing

6. Non-imprisonment sentences such as fine, caning, in-default /in-lieu punishments

7. Criminal records

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Moderator:

Pramnath Vijayakumar, Deputy Head of Representation, Pro Bono SG

 

Speakers: 

Eugene Thuraisingam, Partner, Eugene Thuraisingam LLP

Jeremy Pereira, Special Counsel, Withers KhattarWong

Not all mental conditions influence legal outcomes. Some may even influence the outcome in an unexpected way. 

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This module will equip lawyers with the necessary tools to identify the different psychiatric/psychological conditions, and the clients who present with them.  

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 The speakers will assist lawyers in navigating the process of engaging a forensic psychiatrist to prepare a forensic report for the purposes of court proceedings. 

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The speakers will also touch on the treatment of vulnerable witnesses in legal proceedings, and the role of intermediaries such as social workers and the remarkable impact that their increasing involvement with the justice system has made.

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Key Topics Covered:

1. The different relevant psychiatric and psychological conditions

2. Treatment options, and its relevance to sentencing

3. Mandatory Treatment Orders

4. Mental Disorders as a defence?

5. Forensic Reports – what to ask, and how to challenge

6. Treatment of vulnerable witnesses while on the stand

7. Role of social workers in legal proceedings

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Moderator:

Yip Jian Yang, CLAS Advocate, Pro Bono SG

 

Speakers: 

Chooi Jing Yen, Director, Chooi Jing Yen LLC

Suresh Damodara, Managing Director, Damodara Ong LLC

Dr Rajesh Jacob, Senior Consultant Psychiatrist, Promises Healthcare

The Court has emphasised that expert witnesses are quite apart from ordinary witnesses, and that they owe a duty to the Court. 
 
What does this duty entail, and what are the minimum standards expected of expert evidence? 

How can an expert take the necessary steps to ensure that their evidence is “cogent, reliable, and may be gainfully used in the proceedings for which they were prepared”?
 
What is defence counsel’s duty in instructing an expert, and in presenting expert evidence to the Court? 

Critically, how can expert witnesses be effectively cross-examined?
 
In this module, we draw on the wealth of experience of our speakers to address the questions above.

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Moderator:

Cheryl Ng, Counsel, Foxwood LLC

 

Speakers:

Edmund Kronenburg, Managing Partner, Braddell Brothers LLP

Sanjiv Rajan Kumar, Partner, Allen & Gledhill
Andrew Oddie, Managing Director, Construction, Projects & Assets, FTI Consulting

This module will help the defence counsel understand how certain drugs metabolise in the body, and briefly learn about the metabolic pathways of common drugs of abuse.

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We will also address HSA reports in drug cases, and how analysis is done, and presented.

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Armed with this knowledge, the defence counsel will be in a better position to advice their clients of the merits (or lack thereof) of some of the defences their clients may attempt to raise.

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Key Topics Covered:

The more common types of illegal drugs, and their metabolic pathways

1. HSA Reports, and how to read them

2. How drugs are analysed and weighed

3. How tests are conducted on accused persons and the chain of custody for specimens retrieved

4. Common defences​

 

Moderator:

Su Tan, CLAS Fellow, Pro Bono SG

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Speaker:

Johannes Hadi, Partner, Eugene Thuraisingam LLP

Moy Hooi Yan, Laboratory Director, Health Sciences Authority

Nathaniel Sim, Head Forensics, Central Narcotics Bureau

Merula Mangudi, Acting Laboratory Director, Health Sciences Authority

From hair to bodily fluids, hear from the experts on how DNA is extracted and profiled.

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From this module, you will acquire the basic understanding of the work process and laboratory analysis and how to interpret results of forensic examination and how forensic evidence can assist judges in rendering legal decisions.

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We will also consider the issues to be aware of when selecting and instructing a forensic expert, and what types of experts defence counsel should look for.

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Key Topics Covered:

1. DNA Extraction and Profiling: how DNA is extracted and profiled from sources like hair and bodily fluids.

2. How DNA Reports are interpreted.

3. Forensic Work Process: Forensic lab analysis and how to interpret the results.

4. How forensic evidence assists judges in making legal decisions.

5. How to select and instruct a forensic expert.

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Moderator:

V. Santhosh, Senior Associate, Dentons Rodyk

 

Speaker:

Wendell Wong, Partner, Drew & Napier

Chenthil Kumarasingam, Partner, Withers KhattarWong

Lim Xin Li, Acting Laboratory Director, Health Sciences Authority

Digital forensics and AI have transformed the landscape across different professions. What does it mean for criminal lawyers? 

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Discover the cutting-edge technologies currently being used, from predictive analytics to legal research tools, and understand how these advancements are reshaping the way we approach criminal defence.

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In this webinar, we will delve into digital forensics, and how it may be used to support criminal defence work. We will also explore the capabilities of AI language models like ChatGPT, examining their potential as reliable tools for legal professionals. Learn about their strengths, limitations, and practical applications in everyday legal tasks. 

We will also address the critical ethical considerations defence counsel must navigate when incorporating AI into their practice, ensuring that technology enhances rather than compromises the integrity of legal defence.

Finally, we'll explore innovative ways to harness technology in criminal cases, from streamlining case management to enhancing evidence analysis and presentation. Equip yourself with the knowledge and skills to leverage AI and tech effectively, staying ahead in an evolving legal landscape. 

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Moderator:

Cheryl Ng, Counsel, Foxwood LLC

 

Speaker:

Wilson Foo, Advocate & Solicitor, Lexcompass LLC

Kien Chung Hoo, Senior Director, Technology, FTI Consulting

Sean Lim, Senior Director, Technology, FTI Consulting

This module will guide criminal defence counsel through the rights and obligations of Prosecution and the Defence in the criminal discovery process before trial.

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Key Topics Covered:

1. What are some of the discovery obligations in criminal proceedings?

2. How have recent cases affected/expanded the scope of disclosure?

3. Drafting of a Case for Defence – What to include

4. What must be included in a Case for Prosecution and Prosecution Supplementary Bundle

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Moderator:

Darrell Low, Partner, Bih Li & Lee

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Speaker:

Sreenivasan Narayanan, SC, Managing Director, Sreenivasan Chambers LLC

Navin Thevar, Director, Davinder Singh Chambers

A trial is not a presentation of every fact and every remotely possible legal argument. It is our job as solicitors to assess the information before trial, organise it and present it to the judge in a simple model that explains why the accused person is innocent of the charge(s) brought against him.

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In this module, our speakers share their tips on developing a perfect case theory and the myriad of decisions that you would need to make as a solicitor in arriving at a viable case theory.

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Moderator:

Sadhana Rai, Head of Representation, Pro Bono SG

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Speaker:

Abraham Vergis, SC, Managing Director, Providence Law Asia

Sunil Sudheesan, Partner, Quahe Woo & Palmer LLC

The art of advocacy is both exacting and inspiring. In this module, our speakers provide helpful suggestions on the preparation of cases to be orally argued before the Courts. Among other matters, issues such as the importance of oral argument, the order and progression of argument, questions from the bench, and proper courtroom etiquette will be discussed.

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Key Topics Covered:

1. How to prepare for Court hearings

2. What does oral argument entail?

3. How to build an effective argument?

4. How to deal with difficult questions from the Court?

5. Courtroom etiquette  

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Moderator:

Kevin Ho, CLAS Advocate, Pro Bono SG

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Speaker:

Sadhana Rai, Head of Representation, Pro Bono SG

Mahesh Rai, Director, Dispute Resolution, Drew & Napier LLC

The last decade has seen an overall increase in the number of sexual crime cases reported and prosecuted in Singapore courts.

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Following our discussion last year, join us for an in-depth conversation on the effect of legislative amendments, sentencing frameworks and institutional responses to the rise in reports of sexual assault cases in Singapore. 

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The speakers will also address the important issue of cross examination of complainants and how defence counsel ought to approach the exercise. 

Key Topics Covered:

1. Different types of sexual offences

2. Sentencing frameworks – is there scope for mitigation? If so, how?

3. Cross-examination of complainants – guidelines for defence counsel 

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Moderator:

Pramnath Vijayakumar, Deputy Head of Representation, Pro Bono SG

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Speaker:

Suresh Damodara, Managing Director, Damodara Ong LLC

Ramesh Tiwary, Director, Ramesh Tiwary Law

If all witnesses honoured the spirit of the oath, there would be no occasion for cross-examination. That is not the world we live in.

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The speakers in this module will draw upon their own experiences and achievements to explain and exemplify the art of cross examination. This module is your key to employing these proven techniques in your own practice.

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Moderator:

Sadhana Rai, Head of Representation, Pro Bono SG

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Speaker:

Ang Cheng Hock, SC, Deputy Attorney-General, Attorney-General's Chambers

Sreenivasan Narayanan, SC, Managing Director, Sreenivasan Chambers LLC

Jaikanth Shankar, Chief Executive Officer, Davinder Singh Chambers LLC

The public has no greater interest than that a youthful or vulnerable offender is rehabilitated and becomes a good citizen. There is also often an interest in keeping such offenders out of the prison environment.

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In this module, our speakers will discuss the rehabilitative sentencing options that are available such as probation and  community-based sentences. The speakers will also discuss recent legislative developments and the latest case law concerning Singapore’s alternative sentencing options.

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Key Topics Covered:

1. Reformative training and Short Detention Order

2. Prison life – Rehabilitation through incarceration

3. Community Court – Objectives and procedures

4. Sentencing options for youth offenders – Community Based Sentences and other rehabilitative options

5. Probation – how is a probationer assessed for suitability, what do probation officers do, how is supervision conducted where probation is granted

6. Court- Directed Pre-Sentencing Protocol

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Moderator:

Su Tan, CLAS Fellow, Pro Bono SG

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Speaker:

Muntaz Zainuddin, Counsel, Ramesh Tiwary Law

Ashvin Hariharan, Managing Director, Ashvin Law Corporation

Li Zhihui, Senior Manager, Probation and Community Rehabilitation Service, Ministry of Social and Family Development