A mitigation plea is a request made by you (the defendant) to explain (in the form of an oral or written statement) to the Judge the circumstances of the offence that you have been found guilty and convicted.

The Court can then arrive at an appropriate sentence/lighter sentence to reduce the severity of the punishment imposed on you. You can either legally represent yourself or have a criminal defence lawyer who specialises in mitigation and mitigation factors.

Your mitigation plea (known as a plea in mitigation) is to convey relevant mitigating factors designed to help the Judge arrive at a fair, justified and lighter sentence.

Mitigating factors can include reasons, facts or circumstances which seek to persuade the Judge to exercise leniency or explain why your punishment should be less severe.

The relevant factors may include the criminal offence’s unique circumstances or situation. You may plead guilty or be found guilty by the Court. Regardless of the outcome, you have the right to make a plea in mitigation before the Court passes a sentence.

You should include mitigating factors for your mitigation plea in Singapore. These facts and circumstances of the case convince the Judge to give you a lighter sentence. You should only consider factors that apply to your case. Some common mitigating factors include:

1. Your Age

If you are under 21, the Courts may be more lenient than if you are older by considering sentences that focus on your rehabilitation instead of punishing you for the criminal offence committed.

2. Facts Relating To The Circumstances Of The Crime

The Courts may consider other circumstances that are related to the crime committed. Here are some circumstances the Courts may check:

• Do you play a minor role in the commission of the crime?
• Are you a first-time offender? (The Court may consider your criminal history (if any) or other previous convictions before deciding on sentencing.)
• Was the crime committed in the heat of the moment? Was there any premeditation involved?
• Did you commit the crime because you were commissioned or provoked?
• Did the criminal offence that was committed deprive someone of property or cause some harm to a person intentionally?

3. Restitution

The Court will consider the efforts you have made to reduce or compensate for the harm caused to the victim. Compensation for the medical expenses incurred by the victim is called restitution, which is a mitigat­ing factor for a plea during mitigation.

4. Rehabilitation

The Courts will also assess your chances for rehabilitation. In other words, showing or proving to the Court that you will not commit a crime again is very helpful for a plea during mitigation. The Singapore Courts may look into your circumstances, such as

• Your family background, educational and professional achievements and career history; and
• Evidence that pertains specifically to your character.

5. Degree Of Co-Operation

This would include, among others, the following factors:

• Whether you had pleaded guilty to the criminal offence early because you were remorseful for committing it;
• Whether you have cooperated willingly & sufficiently with the police to mitigate the effects of your crime. For example, you are assisting the police with ongoing or previous investigations or surrendering yourself voluntarily to the police.

6. Degree Of Involvement In Crime

The Court may consider the degree of your involvement when deciding whether to impose a prison sentence. For example, if you were just an accessory after the fact, the Court may be less likely to give you a long sentence. Some scenarios are:

• How much do you benefit from the criminal offence committed?
• The extent of your involvement in the commission of the crime.
• If any extraneous reasons and pressures were causing you to break the law, they should be considered when determining whether you’re guilty of the crime.
• Whether serious harm was done to others.
• Whether you were instructed by someone else to commit the crime.
• Whether you had initially planned to commit the criminal offence beforehand.
• Whether you were provoked into committing the criminal offence.

7. Psychiatric Illness

You may also demonstrate that you had a mental illness that contributed to you committing the criminal offence. The Court may consider whether your mental condition contributed to the commission of the crime in determining whether you are fit to plead or stand trial. If you are relying upon this factor in your mitigation request, then you will need to submit evidence to prove all of the items listed below:

• You are suffering from an illness or mental condition (in the form of official medical certification).
• Your mental state was a contributing factor to the commission of the crime.

Preparing a mitigation plea requires careful thought, proper organisation, and relevant supporting evidence. While the structure of a plea may vary, the following steps can help in crafting a compelling argument:

Understand The Charges And Possible Sentences

Before writing a mitigation plea, it’s crucial to understand the specific offence, the sentencing guidelines, and the potential penalties involved. This helps frame the plea appropriately and avoid unrealistic expectations.

Gather Supporting Evidence

Evidence plays a vital role in convincing the Court of your mitigating factors. Examples of supporting documents include:

• Medical reports for health-related claims.
• Employment records to show financial dependency.
• Testimonies from employers, family members, or community leaders attest to your character.

Organise The Key Points

A well-organised plea is easier for the Judge to follow. Group similar points under clear headings, such as:

• Personal background.
• Circumstances of the offence.
• Efforts to reform and remorse.

Here’s a mitigation plea example to illustrate how a plea might be structured:

Your Honour,

I am [Name], the accused in this case. I accept full responsibility for my actions and express my deepest regret for committing this offence. This is my first offence, and I am genuinely remorseful for the harm caused.

I am currently employed as [Occupation] and the sole provider for my family, including my elderly parents and two young children. The loss of my employment due to a custodial sentence would cause significant hardship to my dependents.

Since the incident, I have taken proactive steps to reform, including attending [Rehabilitation Programme], to ensure I do not repeat my mistake. I have also cooperated fully with the authorities throughout the investigation.

I respectfully ask the Court for leniency in sentencing and to consider my circumstances in determining an appropriate punishment.

Thank you, Your Honour.

Submitting a mitigation plea is a crucial step in sentencing. It allows the offender to present reasons for a more lenient sentence. Choosing the right method depends on the plea’s complexity and the circumstances of the case.

1. Submitting Online For State Court Cases

If your case is being heard in the State Courts and you are out on bail, you can submit your mitigation plea online through the Integrated Case Management System (ICMS). This platform allows you to file essential documents without appearing in person.

2. Submitting In Person For High Court Cases

The submission process differs slightly for cases being heard in the High Court. If you are out on bail, you must physically submit your mitigation plea and supporting documents at the LawNet & CrimsonLogic Service Bureau. This ensures the Court receives hard copies of your plea and relevant evidence.

3. Submitting In Person In Court

If you cannot submit your mitigation plea in advance, you still have the option to submit it directly in Court on the day of your sentencing. You must present a hard copy of your plea to the Judge, along with any supporting documents.

Whilst it is ultimately your decision whether to enter into a plea bargain or to claim trial, you are strongly encouraged to be represented by a competent and capable Criminal Defence lawyer during the plea negotiations process.

It ensures you are properly advised on whether the Prosecution’s proposal or offer is reasonable.

Some aspects of the plea bargaining process can also only be conducted with the assistance of a lawyer, such as CCMS discussions and CCR conferences, which occur between defence lawyers and prosecuting officers.

You won’t be entitled to participate in the process if you are unrepresented.

A well-prepared mitigation plea in Singapore can significantly influence the outcome of a criminal case. By providing comprehensive details about your circumstances and the specifics of the offence, you can help the Court understand your situation better and potentially receive a lighter sentence.

Engaging a skilled Criminal Defence lawyer to craft your mitigation plea is essential to ensure all relevant factors are effectively presented.

Let Tembusu Law find the best solution for your unique situation. If you would like to understand more about mitigation pleas in Singapore and how the issues discussed in this article may affect you, contact our best criminal lawyers in Singapore today.