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Removal of mandatory penalties for first-time offenders among proposed changes to Singapore’s road traffic laws
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Removal of mandatory penalties for first-time offenders among proposed changes to Singapore’s road traffic laws

SINGAPORE: Courts may soon have greater discretion to impose appropriate penalties for driving offenses if changes to traffic laws are enacted.

The Road Traffic (Miscellaneous Amendment) Bill was tabled in Parliament on Monday (November 11) by Minister of State for Home Affairs Muhammad Faishal Ibrahim.

The proposed changes include removing the mandatory minimum sentence and disqualification period for first-time dangerous or careless driving offenders.

The mandatory minimum sentence for repeat offenders will also be reduced. For those who cause death, it will be reduced from four years to two years, while for those who cause serious injury, it will be reduced from two years to one.

This includes, for example, an accident where other road users involved exhibited irresponsible or risk-taking behavior and therefore bore some responsibility.

There will be no changes to the maximum sentences for these offences, which were last raised in 2019. Offenders who have been convicted of dangerous driving causing death for the first time face two to eight years in prison, while repeat offenders face up to 15 years.

Mandatory minimum sentences will also remain unchanged for those who drive under the influence of alcohol or drugs. Such offenders also face additional penalties depending on the severity of the injury.

The changes to the law will “recalibrate the balance” between deterrence and proportionality for road crimes, the Ministry of Home Affairs (MHA) said in a press release.

This gives courts greater discretion over sentencing and flexibility for the prosecution to file charges depending on the circumstances of the crime, the ministry added.

For example, the prosecution may proceed with a charge of “injury” even where “serious injury” has in fact been caused, taking into account factors such as the nature of the injury caused.

The Home Office said it regularly reviews the laws to ensure they remain in force. As part of the latest review of road traffic offenses in 2019, criminal penalties have been increased for some offences.

It said the proposed changes “ensure that relatively less egregious behavior is not unduly penalised, while retaining powers to heavily penalize serious offenders”.