SINGAPORE: The Subordinate Courts have set up two centres to help those who are not represented by lawyers to find out more about court processes and procedures.
For some, the legal system is complicated and confusing, and many
end up representing themselves in court because they are unable or
unwilling to pay for a lawyer.
They account for one-third of criminal cases and more than 90 per cent of cases heard in the family courts.
Recognising this, the courts have set up two centres with resources such as legal clinics run by volunteer lawyers.
A facility known as the Helping to Empower Litigants-in-Person
(HELP) Centre begins operating on Friday at the Subordinates Court.
Another HELP Centre also opened its doors at the Juvenile and Family
Court Building.
The centres are fully manned by experienced members of the court
staff. The centres are also equipped with facilities such as
educational videos and Internet access to better serve the public.
Members of the public may get help in layman terms on how the legal system operates, but staff will not give legal advice.
Speaking at this year's Subordinate Courts Workplan Seminar, Chief
Justice Chan Sek Keong said the Law Society and the Association of
Criminal Lawyers of Singapore are looking into providing free legal
advice at the HELP Centres starting next month.
Chief Justice Chan said the launch of the HELP Centres is part of
the Subordinate Courts' plan to ensure that those in need of legal
services are not shut out due to factors such as ignorance and poverty.
A new court will come into operation on March 1 to hear cases under
the current Mental Capacity Act. The Mental Capacity Court will have
the power to make decisions on behalf of a person who lacks mental
capacity.
It may also appoint a deputy to make decisions on the person's behalf.
Chief Justice Chan said the Civil Justice Division also seeks to streamline processes to better serve the public.
Under the Act, Singaporeans may appoint a person to manage their affairs should they lose the mental capacity to do so.
Parents with intellectually disabled children may also appoint a
court deputy to ensure that their children's care is arranged should
the parents die or lose their mental faculties. The court will be able
to hear on such cases.
The courts will encourage a shift towards Alternative Dispute Resolution as the first stop.
A larger pool of lawyers, known as Associate Mediators, has been
developed to help expand the mediation services available at the
Subordinate Courts.
The Division will also roll out a protocol for personal injury
cases to expedite the claim procedure for such cases. It will introduce
a guide that will provide information on the range of damages which may
be awarded.
Aside from ensuring easy access to justice, the courts also need to ensure that resources are well-allocated.
One problem it currently faces is that four in 10 criminal cases do
not go to trial even after trial dates have been fixed. This is due to
either the accused pleaded guilty, or the cases were withdrawn.
It is a serious concern for the courts, says the Chief Justice,
because it means a waste of trial dates for other cases waiting to be
heard.
Hence, the courts are exploring the idea of plea bargaining, where parties need not go to trial at all.
Until this happens, a senior District Judge will mediate between the prosecution and defence under a pilot scheme.
Chief Justice Chan notes that this is a policy issue, and needs
further discussion with the Public Prosecutor. But pending a decision
on plea bargaining, he will introduce a voluntary criminal case
resolution programme for public prosecutors. This allows a senior
District Judge to act as a neutral mediator between the Prosecutor and
Defence.
Another strain on resources arises from the increasing number of Magistrate's Complaints lodged with the Subordinate Courts.
Between 2005 and 2009, the number has risen from 3,193 to 4,569.
Chief Justice Chan says these complaints were often made "for the
wrong reasons" - sometimes to air grievances, or to "put the fear of
criminal proceedings on the other party to settle the dispute".
The courts will be discussing with the Public Prosecutor how to tackle the problem better.
- CNA/sc/yb
step in the right direction.
This HELP centre got use meh?
its just like the free legal clinic that CC provide. Not much use unless the lawyer can defend for you for free..