A Penal Code Review Committee (PCRC) was formed in July 2016 to “conduct a thorough and comprehensive review” of the Penal Code, Singapore’s primary criminal legislation.

The Penal Code is considered the cornerstone on which Singapore's criminal justice system is built.

The committee has completed its work after more than two years and the government will invite consultation and feedback from the public on the recommendations proposed.

Extensive changes to the Penal Code are proposed, in five areas:

o Enhancing protection for the vulnerable in society;

o Tackling new crime trends;

o Updating the Penal Code;

o Updating the sentencing framework; and

o Harmonising criminal laws.

Which vulnerable groups are protected with this review?

The biggest group of recommendations provide enhanced protection for the most vulnerable in our society.

This is to:

o Introduce new offences to better protect minors against sexual abuse, other sexual predatory behaviour, and also protect children from fatal abuse.

o Enhance penalties for offences committed against vulnerable groups

– children, vulnerable persons like the disabled, and domestic maids

How often do reviews of the Penal Code occur?

The Penal Code is an offshoot of the Indian Penal Code of 1860.

It was imported into the Singapore -- then part of the Straits Settlements -- in 1871 with few revisions.

Piecemeal changes have been enacted over the years.

The latest review of the Penal Code is to ensure that the laws need to reflect the evolving values, imperatives, and aspirations of Singaporeans and Singapore.

In this current review, the committee is examining penal provisions that govern attempted suicide, immunity for marital rape, punishments for sex offenders, as well as creating new criminal offences to deal with the changing crime environment”.

This relates to a rise in voyeurism crimes, such as the use of pinhole cameras to take upskirt videos of unsuspecting victims.

Past review

The last comprehensive review of the Penal Code was completed in 2007. Parliament then considered some 77 amendments and the repeal of four provisions.

Parliament decided during that review to retain section 377A of the code, which criminalises consensual sex between two adult men. It repealed section 377 which prohibited oral and anal sex between consenting adults.

Who is in the PCRC?

The PCRC comprises political office-holders, High Court judges, senior officials from the Attorney-General’s Chambers, the Law and Home Affairs Ministries, as well as the police, law academics, and lawyers.

Here are some of the proposed changes

1. Repeal of marital immunity for rape

This means married women whose husbands no longer exercise reasonable behaviour and inflict sexual violence on them should have the same access to protection as unmarried women.

2. New Offence of voyeurism

This is to target early predatory conduct by adults. Thus, where offender communicates sexually with victim, there will be an offence, even if there is no meeting between the two.

3. New offence of distributing an intimate image

This is the creation of a specific offence of distributing or threatening to distribute an intimate image.

4. Decriminalisation of attempted suicide

This is to repeal section 309 of the Penal Code, which criminalises attempted suicide.

The focus will be on treatment, not prosecution, which is the most appropriate response to persons who are so distressed that they attempt to take their own lives.

5. Protecting minors from being manipulated or exploited for sex

This is to introduce the offence of criminalising sexual penetration of victims between 16 to 18 years of age, where the offender has exploited or manipulated the victim.

It will enhance penalties for offence of sexual penetration of minors under 16, if the offender has exploited or manipulated the victim.

6. Protecting minors from being exploited for child abuse material

This will replace the term “child pornography” with the term “child abuse material” to be used instead, to reflect the true nature of such material and its harms.

In the future, if enacted, it will create offences to punish the supply chain of child abuse material, including:

- using or involving a child in the making of child abuse material, making, distributing, selling, advertising and seeking, accessing, and possession of child abuse material.

It will also cover fictional material, but lower punishments should be prescribed for fictional “child abuse material”, to recognise the fact that fictional material does not involve actual children.

7. Refinement of sexual grooming offence

Section 376E (Sexual Grooming) was introduced in 2007 to protect minors from sexual predators in online and physical realms.

With the proposed changes, it will reduce the required number of instances for prior contact from two to one.

This will make it an offence even if it is the victim who travels to meet the offender and introducing more severe punishment for victims under 14 years of age.

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8. Protecting vulnerable victims from serious abuse

Introduce new provision against offenders who cause or allow the death of a vulnerable victim.

Introduce offence of infliction of sustained abuse leading to the death of a vulnerable victim.

Introduce additional provision to improve laws on preventing abuse of vulnerable victims.