Singapore’s
newly passed law allowing the indefinite detention of "dangerous offenders" beyond completion of their prison sentences has understandably drawn concerns from legal experts and critics around potential infringement on due process and the effectiveness of rehabilitative justice.
The Sentence for Enhanced Public Protection (SEPP), passed on Feb. 5, targets individuals who are at risk of criminal recidivism, covering those aged 21 and above convicted of serious crimes like culpable homicide, rape, and child sexual abuse.
After offenders serve a mandatory minimum jail term of five to 20 years, the Minister for Home Affairs will assess whether they “pose a threat” upon release. If deemed a continuing risk, they face the possibility of a longer stay behind bars, even for life.
Proponents of the law, including Law and Home Affairs Minister K. Shanmugam, have
hailed it as a necessary step to safeguarding the public. But some legal experts have raised concerns that subjecting offenders to yearly assessments with no promises of release
infringes on their right to due process.
When the government first announced the proposed law in 2022, criminal lawyers
urged Parliament to exercise "utmost caution" with the measure.
Lawyer Gino Hardial Singh, founder of Abbots Chambers law firm, said offenders’ “uncertainty” about their release date could make them more reluctant to take up rehabilitation, according to a Today
report.
When Shanmugan
announced that the ministry was studying the proposed law in 2022, he conceded that the United Kingdom's attempt to have a similar approach produced “mixed results,” but he also said that he believes the government "can make it work."
The official was referring to the U.K.’s imprisonment for public protection (IPP) sentences introduced in 2005, which similarly detained “dangerous” criminals with indeterminate sentences until a parole board deemed them safe for release.
The measure, described by British officials as "
the greatest single stain" on the country's criminal justice system,
led to significant psychological harm to offenders, high rates of self-harm, and even suicides among offenders.
International human rights norms also clearly draw the line at keeping people jailed without a clear timeline. Article 9 of the U.N. Declaration of Human Rights
states that no person shall be subjected to "arbitrary arrest, detention or exile." In its jurisprudence, the U.N. Human Rights Committee explained that detention which is initially legal may become "arbitrary" if unduly prolonged or not subjected to periodic review.