Singapore, located on the southern tip of the Malay peninsula, is one of the world’s smallest countries and one of only three city states. Malaya and Singapore were administered as a joint British Colony beginning in 1824. After Japanese occupation during World War II, Singapore was made a separate crown colony in 1946 and joined the Federation of Malaysia in 1963. Singapore became an independent state in 1965. Singapore is composed of 64 islands; three are inhabited, including the mainland which has benefited from the vast majority of the country’s development. Singapore is the largest port city in Southeast Asia and its location at the southern tip of the Strait of Malacca, connecting the Indian Ocean to the South China Sea, contributed to its evolution into an industrial, commercial and financial hub. Its population is largely ethnic Chinese, Malay, and Indian.
Legal System
Influenced by British colonial authorities, Singapore’s legal system is rooted in common law but overtime has developed an autochthonous legal system and jurisprudence that reflect its unique social and economic context. Judges still may look to English case law for guidance; however, these precedents are not binding.
Sources of Law
The Constitution is the highest source of law in Singapore. Its provisions can be amended only by vote of two-thirds of the Members of Parliament. Other sources of law include legislation (Acts of Parliament and subsidiary legislation passed by the government) and judicial precedent.
The Courts
The Singapore Judiciary is made up of the Supreme Court, State Courts and Family Justice Courts – collectively called the Singapore Courts. There are 237 Judges and Judicial Service Officers.
The Supreme Court
The Supreme Court is comprised of the Court of Appeal (apex court) and the High Court. The High Court includes the Appellate Division of the High Court and the General Division of the High Court. The Singapore International Commercial Court is a division of the General Division of the High Court.
The Supreme Court Bench has 35 judges , including the Chief Justice, three Justices of the Court of Appeal, four Judges of the Appellate Division, four Judicial Commissioners, five Senior Judges, 18 Judges of the High Court, and 22 International Judges. Judicial Commissioners have the powers of a judge and are appointed for specific periods to facilitate the Court’s operations.
The Court of Appeal
The Court of Appeal has four members, the Chief Justice and three justices. The Chief Justice may designate a judge of the High Court to sit as a member of the Court of Appeal on a case-by-case basis. The Court of Appeal’s jurisdiction is limited to all criminal appeals against decisions made by the General Division of the High Court in the exercise of its original criminal jurisdiction, prescribed categories of civil appeals, and appeals that are made to the Court of Appeal under written law, including appeals on family-related cases. It also hears appeals against decisions made by the Appellate Division of the High Court.
The High Court
The Appellate Division of the High Court hears civil appeals not heard by the Court of Appeal as well as other appeals prescribed by law, including appeals on family-related cases. It does not have jurisdiction over criminal cases and appeals. The General Division of the High Court has first instance jurisdiction over civil and criminal cases. It also has appellate jurisdiction over cases from the State Courts and the Family Justice Courts. To be heard in the General Division of the High Court, civil actions must have a value in excess of $250,000; probate matters must involve an estate of over $5 million. The High Court has exclusive jurisdiction over admiralty, corporate wind-up, bankruptcy, and a few other specialized matters. It hears criminal cases that involve offenses punishable by imprisonment in excess of 10 years or the death penalty. The High Court hears claims and applications originating in Singapore, originating outside of the country in circumstances authorized by its rules, or where the defendant submits to the Court’s jurisdiction.
The High Court has general supervisory jurisdiction over the District and Magistrates’ Courts. It hears appeals from these courts and may entertain petitions on points of law reserved in special cases submitted by these courts.
Singapore International Commercial Court (SICC):
Established in 2015, the SICC has jurisdiction over international commercial cases and transactions where the parties select the SICC as a forum. Its bench includes local and international judges with relevant expertise. Court procedures are flexible and tailored to the needs of each case. The SICC has its own procedural rules – the “Singapore International Commercial Court Rules 2021.”
The State Courts
The State Courts hear over 80% of Singapore’s judicial caseload and more than 90% of criminal proceedings. There are six different types of state court entities: District Courts, Magistrates’ Courts, Coroners’ Courts, Small Claims Tribunals, Community Dispute Resolution Tribunals, and Employment Claims Tribunals.
District Courts hear criminal cases with a maximum potential prison term that does not exceed 10 years or those that are punishable by fine only. Its civil jurisdiction extends to claims with a value of $60,000 - $250,000 and road traffic accident or personal injury cases with potential claims of up to $500,000. The Magistrates’ Courts hear criminal cases with a maximum sentence of 5 years or those that are punishable by fine only, and civil cases with value of up to $60,000. The Small Claims Tribunals handle civil cases with lesser potential damages and the Community Dispute Resolution Tribunals hear disputes between neighbors that involve claims up to $20,000. The Employment Claims Tribunals hear disputes involving salary and wrongful dismissal claims not exceeding $20,000 (or $30,000 if union members are involved).
Community Criminal Court
Singapore’s Community Criminal Court employs a problem-solving methodology, combining criminal justice and community resources and focusing on rehabilitation and prevention in addition to deterrence and retribution. Examples of cases heard by this court include youth offenders (at least 16 but below 21years old), cases involving offenders with mental illness and special needs, family violence, elderly defendants, race relations, and animal cruelty.
The Family Justice Courts
Singapore’s Family Justice Courts system includes Family Courts, Youth Courts, and the Family Division of the High Court. These courts have jurisdiction over family-related cases such as divorce, probate, adoption, and family violence. The Family Justice Courts also deal with the care and treatment of young persons (below 18 years old). These courts employ therapeutic justice, a multi-disciplinary approach that applies insights from psychology and social science research to achieve more holistic outcomes.
Judicial Appointment
Supreme Court Judges and Judicial Commissioners are appointed by the President on the advice of the Prime Minister. To qualify for appointment, individuals must have at least ten years of legal practice as an advocate or solicitor, an officer of the Singapore Judicial Service, or an officer of the Singapore Legal Service. There is a retirement age of 65 years, although the President, upon the advice of the Prime Minister and in consultation with the Chief Justice, may extend a Justice’s term.
A Supreme Court Judge or Judicial Commissioner may be appointed to serve as the Presiding Judge of the State Courts or the Family Justice Courts. The Presiding Judge is appointed by the President and oversees the administration of the State Courts or the Family Justice Courts. The Presiding Judge may also serve on the State Courts or the Family Justice Courts.
District Judges, Registrars and Magistrates are appointed by the President upon the recommendation of the Chief Justice. Seven years of legal practice is required to be eligible for appointment to serve as a district judge and three years to serve as a magistrate. The retirement age for these judges is 63 years.
Judicial Education
The Singapore Judicial College was established in 2015. It is an institute for higher judicial learning responsible for imparting the necessary competences and skills required of Singapore judges. The College has two institutes. The Institute of Judicial Excellence has three divisions: Judicial Competence; Curriculum and Pedagogy and Innovation; and Systems, Processes, Planning and Resources. The Institute of Judicial Studies engages in multi-method research relating to the courts, the justice system and judicial education.
Jury Trial
Singapore had a jury trial system for more serious criminal cases until 1960, at which time it was restricted to death penalty cases. In 1970, this limited use of juries was abolished and replaced by a two-judge system for capital cases. Beginning in 1992, a single High Court judge hears capital cases.
Judicial Reform and Innovation
Singapore’s judiciary has become a modern and efficient court system, instituting reforms that have reduced case delays. In 1990, a government study estimated that the Supreme Court would need five years to clear all of its pending matters; the backlog in the lower courts was even more substantial. Judiciary leadership responded by developing and then implementing a broad scale reform initiative that focused on raising professional standards, investing in court technologies, and transforming judicial culture.
Strategic planning was prioritized at a national and individual court level; judges and administrators were trained in leadership skills and tasked with developing proactive case management policies and practices. For example, rules were adopted to ensure that cases were heard and resolved on schedule, including the imposition of appropriate sanctions if the court concludes that the parties are impeding the expeditious resolution of proceedings. The lower courts were assigned experienced judges to oversee operations, distribute workloads efficiently, and motivate staff.
The judiciary began to publish annual work reports documenting modernization efforts and clearance rate goals as well as case disposition rates. It also engaged in public outreach to improve communication with stakeholders, increase access to justice, and seek citizen input and engagement.