Deferred Prosecution Agreements in Singapore: What Is the Appropriate Standard for Judicial Approval?

International Commentary on Evidence, 2020

25 Pages Posted: 2 Jun 2020

See all articles by Eunice Chua

Eunice Chua

Singapore Management University

Benedict Chan

affiliation not provided to SSRN

Date Written: April 1, 2020

Abstract

Originating from the US, deferred prosecution agreements (“DPAs”) have made their way to the UK through the Crime and Courts Act 2013 and Singapore through the Criminal Justice Reform Act 2018. The Singapore model for approval of DPAs draws heavily from the UK and both require proof to a court that DPAs are in the “interests of justice” and that their terms are “fair, reasonable and proportionate” before DPAs can be approved. This paper considers the theoretical basis for the court’s approval of DPAs, critically examines the application of the tests for approval of DPAs in the UK and considers Singapore’s likely approach. Where appropriate, it also draws on the experience of the US and identifies lessons that can be learnt for Singapore.

Keywords: deferred prosecution agreements, evidence, criminal procedure, corporate crime

Suggested Citation

Chua, Eunice and Chan, Benedict, Deferred Prosecution Agreements in Singapore: What Is the Appropriate Standard for Judicial Approval? (April 1, 2020). International Commentary on Evidence, 2020, Available at SSRN: https://ssrn.com/abstract=3565648

Eunice Chua (Contact Author)

Singapore Management University ( email )

55 Armenian Street
Singapore, 179943
Singapore

Benedict Chan

affiliation not provided to SSRN

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