By K.C. Vijayan, Senior Law Correspondent, The Straits Times, 18 Mar 2017
The woman whose 73-year-old mother was arrested for a municipal offence viewed police footage yesterday and accepted that it clearly showed her mother was not physically restrained at any time while in police custody.
Madam Gertrude Simon, 55, who had all along maintained that her mother had been handcuffed by the police, attended a briefing with her mother at the Ang Mo Kio South Neighbourhood Police Centre (NPC).
Madam Simon said: "I appreciate the unprecedented gesture made by the police to show me the video recordings of the sequence of events during the time when my mother was in police custody."
She added: "Based on the police video shown, it is clear that my mum was not physically restrained at any time when she was in their custody."
Singapore Prison Service (SPS) officers, who were also at the briefing, had clarified that physical restraints were used by their officers in accordance with current SPS procedures during the two occasions when her mother, Madam Josephine Savarimuthu, was transported between the State Courts and Changi Women's Prison.
Madam Simon said she was gratified by the transparency displayed by the authorities in coming forward to share their footage and information.
Madam Gertrude Simon, 55, who had all along maintained that her mother had been handcuffed by the police, attended a briefing with her mother at the Ang Mo Kio South Neighbourhood Police Centre (NPC).
Madam Simon said: "I appreciate the unprecedented gesture made by the police to show me the video recordings of the sequence of events during the time when my mother was in police custody."
She added: "Based on the police video shown, it is clear that my mum was not physically restrained at any time when she was in their custody."
Singapore Prison Service (SPS) officers, who were also at the briefing, had clarified that physical restraints were used by their officers in accordance with current SPS procedures during the two occasions when her mother, Madam Josephine Savarimuthu, was transported between the State Courts and Changi Women's Prison.
Madam Simon said she was gratified by the transparency displayed by the authorities in coming forward to share their footage and information.
"It has helped to bring a good closure to this unfortunate episode of events," she added.
Madam Savarimuthu was arrested by police on March 4 at the same NPC while making a report for a lost pawn ticket. There, it emerged that there was an outstanding warrant of arrest against her issued by the court last year.
Madam Savarimuthu was arrested by police on March 4 at the same NPC while making a report for a lost pawn ticket. There, it emerged that there was an outstanding warrant of arrest against her issued by the court last year.
It was for failing to attend court, relating to a town council summons for $400 - for the wrongful placement of potted plants outside her flat.
Madam Simon explained that her mother was still traumatised and could have mixed up the details of what she went through.
She said: "I do understand that if my mother had been able to provide details of her relatives earlier at the police centre, then we could have bailed her immediately and avoided this suffering for her."
Madam Simon urged the authorities to review whether elderly persons can be exempted from physical restraints when in custody.
"Law enforcement officers must also be able to exercise discretion for varying situations on the ground," she said.
"Law enforcement officers must also be able to exercise discretion for varying situations on the ground," she said.
Custody of elderly woman: Questions over discretion
Observers suggest looking at alternatives when handling seniors who are arrested
By K.C. Vijayan, Senior Law Correspondent, The Straits Times, 17 Mar 2017
The arrest of a 73-year-old woman and the subsequent use of hand and leg restraints on her has raised the question of whether more discretion should be used in the handling of elderly persons in custody.
Several lawyers and observers suggest that the police consider alternatives when dealing with an elderly person such as Madam Josephine Savarimuthu. They also question the need to use security devices in escorting her from prison to court for a low-risk municipal offence.
Madam Savarimuthu was arrested by police on March 4 at a neighbourhood police centre while making a report for a lost pawn ticket.
It emerged there that there was an outstanding warrant of arrest issued by the court last year. This was for failing to attend court relating to a town council summons - for the wrongful placement of potted plants outside her flat.
In a statement yesterday, police maintained she was not restrained while in custody and appeared alert, coherent and communicative.
She was asked if she wanted to call someone to bail her out, once at the police station, and then in court. She declined both times.
Observers suggest looking at alternatives when handling seniors who are arrested
By K.C. Vijayan, Senior Law Correspondent, The Straits Times, 17 Mar 2017
The arrest of a 73-year-old woman and the subsequent use of hand and leg restraints on her has raised the question of whether more discretion should be used in the handling of elderly persons in custody.
Several lawyers and observers suggest that the police consider alternatives when dealing with an elderly person such as Madam Josephine Savarimuthu. They also question the need to use security devices in escorting her from prison to court for a low-risk municipal offence.
Madam Savarimuthu was arrested by police on March 4 at a neighbourhood police centre while making a report for a lost pawn ticket.
It emerged there that there was an outstanding warrant of arrest issued by the court last year. This was for failing to attend court relating to a town council summons - for the wrongful placement of potted plants outside her flat.
In a statement yesterday, police maintained she was not restrained while in custody and appeared alert, coherent and communicative.
She was asked if she wanted to call someone to bail her out, once at the police station, and then in court. She declined both times.
It was only when she was being escorted between the courts and Changi Women's Prison (CWP) that she was restrained at the hands and legs. This is part of the prison service's standard operating procedures, which include preventing people in custody from harming themselves.
Her daughter Gertrude Simon, 55, expressed dismay about her mother's treatment and urged a review of procedures. She came to learn of her mother's case after Madam Savarimuthu was remanded in CWP, about seven hours after the arrest.
Commenting on the case yesterday, Association of Criminal Lawyers of Singapore president Sunil Sudheesan said "sensitivity in dealing with the elderly is vital, but this has to be balanced against the protection of the detained persons from themselves and those escorting such persons".
He added: " I do see the merit of having the next of kin informed within a reasonable time frame. This is, of course, mired in its own difficulties. I have sympathies for both sides."
Veteran lawyer Singa Retnam said it would have been better if police had the discretion to go to her house at the time of arrest to verify who was her next of kin and alert them even if she refused bail.
He said such exceptions could be considered given that she was an elderly person with medical conditions, and her arrest was in relation to a municipal offence.
Ms Jolene Tan, head of civic body Aware's Advocacy and Research Group, said given that Madam Savarimuthu was an elderly woman arrested for a non-serious, non-violent offence and no information had been given about particular risks she posed, neither handcuffs nor leg restraints appear appropriate.
Restraints can be very stressful and intimidating, especially for vulnerable groups.
"In our view, SOPs should not automatically prescribe the use of restraints for people in custody," she said. "Instead, there should be a decision-making process which considers factors such as the severity of the offence, whether it is violent or non-violent, and characteristics of the suspect such as age, gender and disability."
Former civil servant Sheikh Ahmad Adam, 70, who has worked in the security sector, said he was "very disappointed" at seeing a 73-year-old woman in such circumstances, adding that more discretionary measures should have been taken.
But Mr Sunil said:" The problem with discretion is that when things go wrong, the individual officer who decided to exercise an amount of discretion will take the brunt of the blame. So I can understand why there is a strict adherence to established procedures.
"I think procedures were correctly followed here, but we can study the need to handcuff and restrain the elderly, especially in minor cases, and review the arrest process.
"The balance, as always, rests somewhere in between, and I am confident that considered thought will be put into this."
Ms Jolene Tan, head of civic body Aware's Advocacy and Research Group, said given that Madam Savarimuthu was an elderly woman arrested for a non-serious, non-violent offence and no information had been given about particular risks she posed, neither handcuffs nor leg restraints appear appropriate.
Restraints can be very stressful and intimidating, especially for vulnerable groups.
"In our view, SOPs should not automatically prescribe the use of restraints for people in custody," she said. "Instead, there should be a decision-making process which considers factors such as the severity of the offence, whether it is violent or non-violent, and characteristics of the suspect such as age, gender and disability."
Former civil servant Sheikh Ahmad Adam, 70, who has worked in the security sector, said he was "very disappointed" at seeing a 73-year-old woman in such circumstances, adding that more discretionary measures should have been taken.
But Mr Sunil said:" The problem with discretion is that when things go wrong, the individual officer who decided to exercise an amount of discretion will take the brunt of the blame. So I can understand why there is a strict adherence to established procedures.
"I think procedures were correctly followed here, but we can study the need to handcuff and restrain the elderly, especially in minor cases, and review the arrest process.
"The balance, as always, rests somewhere in between, and I am confident that considered thought will be put into this."
Video shows senior was not restrained in police custody
By K. C. Vijayan, The Straits Times, 17 Mar 2017
Video footage from closed-circuit television cameras and cameras worn by police officers show that Madam Josephine Savarimuthu was not restrained by police at any point in time while in their custody.
The police said in a statement yesterday that they have invited the family of the 73-year-old woman to view the footage at their convenience.
They added that the video footage also showed that Madam Savarimuthu was alert, coherent and communicative when in police custody and did not appear to be distressed.
In a Straits Times Forum letter published on Wednesday, Madam Gertrude Simon wrote that her mother, Madam Savarimuthu, was handcuffed and had leg restraints on when she was moved between the police station, Changi Women's Prison and the court.
Madam Simon, 55, had, in an interview with The Straits Times, added that her mother - who lives alone - was also stressed and overwhelmed throughout the ordeal.
The authorities, in a statement on Wednesday, said that only in her transfer to the prison was Madam Savarimuthu restrained at the hands and legs - in line with standard Singapore Prison Service operating procedures.
By K. C. Vijayan, The Straits Times, 17 Mar 2017
Video footage from closed-circuit television cameras and cameras worn by police officers show that Madam Josephine Savarimuthu was not restrained by police at any point in time while in their custody.
The police said in a statement yesterday that they have invited the family of the 73-year-old woman to view the footage at their convenience.
They added that the video footage also showed that Madam Savarimuthu was alert, coherent and communicative when in police custody and did not appear to be distressed.
In a Straits Times Forum letter published on Wednesday, Madam Gertrude Simon wrote that her mother, Madam Savarimuthu, was handcuffed and had leg restraints on when she was moved between the police station, Changi Women's Prison and the court.
Madam Simon, 55, had, in an interview with The Straits Times, added that her mother - who lives alone - was also stressed and overwhelmed throughout the ordeal.
The authorities, in a statement on Wednesday, said that only in her transfer to the prison was Madam Savarimuthu restrained at the hands and legs - in line with standard Singapore Prison Service operating procedures.
Madam Savarimuthu was arrested after she lodged a police report at a neighbourhood police centre.
While processing her report, the police officer discovered that there was an outstanding warrant of arrest against her issued by the court last year for failing to attend court relating to a town council summons.
74-year-old in custody: Procedures followed, say authorities
Police, prison service respond to woman's letter on treatment of detained mother
By K.C. Vijayan, Senior Law Correspondent, The Straits Times, 16 Mar 2017
Standard procedures were followed and several opportunities were given for a 74-year-old woman to contact her family during her arrest, said the prison service and police force.
They were responding to a letter published on Wednesday in The Straits Times Forum pageby Madam Gertrude Simon that her mother Josephine Savarimuthu was handcuffed and had leg restraints on when she was moved between the police station, Changi Women's Prison (CWP) and the court.
She wrote that there was a need for the police and government agencies to re-examine the procedures involving elderly suspects, and that factors like their age, health and mental state, along with the seriousness of the offence, had to be considered.
Police, prison service respond to woman's letter on treatment of detained mother
By K.C. Vijayan, Senior Law Correspondent, The Straits Times, 16 Mar 2017
Standard procedures were followed and several opportunities were given for a 74-year-old woman to contact her family during her arrest, said the prison service and police force.
They were responding to a letter published on Wednesday in The Straits Times Forum pageby Madam Gertrude Simon that her mother Josephine Savarimuthu was handcuffed and had leg restraints on when she was moved between the police station, Changi Women's Prison (CWP) and the court.
She wrote that there was a need for the police and government agencies to re-examine the procedures involving elderly suspects, and that factors like their age, health and mental state, along with the seriousness of the offence, had to be considered.
A joint statement by the Singapore Prison Service (SPS) and Singapore Police Force (SPF) last night said she was not restrained by the police, and this was done only when she was transferred to prison as part of standard procedures.
"Throughout her time with the police, Madam Simon's mother was not restrained, and was offered food and water. She did not show any sign of being traumatised, and was alert when in police custody," it added.
The statement said Madam Savarimuthu had lodged a police report at Ang Mo Kio South Neighbourhood Police Centre on March 4 - a Saturday - for a missing pawn ticket. While processing her report, the police officer discovered that Madam Savarimuthu had an outstanding warrant of arrest issued by the court in 2016 for failing to attend court relating to a town council summons.
It added that Madam Savarimuthu admitted she had an outstanding case with the town council. She was placed under arrest and transferred to Ang Mo Kio Police Division, where she was allowed to call a bailor but declined to do so, said the agencies, adding that she was transferred to the State Courts the same morning to process her outstanding arrest warrant.
The statement said that at the State Courts, Madam Savarimuthu was again asked if she wished to contact anyone for bail, but she declined again.
"If she had accepted the bail offer, she would have been released that day, and attended court another day," it added.
Madam Savarimuthu was then escorted by SPS officers to CWP to be remanded until March 6, a Monday, which was the next available date for court mention.
In her transfer to prison, Madam Savarimuthu was restrained at the hands and legs, which is part of SPS' standard operating procedures, which include preventing persons in custody from harming themselves, the agencies said.
At the prison, Madam Savarimuthu provided the contact details of her granddaughter, who was reached on the same day about what had happened, the next court date and procedure for bail.
The agencies said Madam Simon went to CWP and was informed by SPS officers on the court procedures for bailing out her mother.
"She was also reassured that SPS was aware of her mother's pre-existing medical condition and that she was being provided with the necessary medication and assistance," it added.
"The police and SPS have a duty to enforce the law and to ensure that the rule of law is respected. At the same time, we are committed to ensuring the well-being and safety of persons in our custody."
Speaking to The Straits Times last night at her Ang Mo Kio flat with Madam Simon by her side, the elderly woman said the town council matter involved the wrongful placement of potted plants outside her flat, which amounted to an offence involving a $400 fine.
Of her encounter, she said: "I feel very sad. Why did they do this to an old woman?"
Speaking to The Straits Times last night at her Ang Mo Kio flat with Madam Simon by her side, the elderly woman said the town council matter involved the wrongful placement of potted plants outside her flat, which amounted to an offence involving a $400 fine.
Of her encounter, she said: "I feel very sad. Why did they do this to an old woman?"
She added of her experience at the police station: "I was confused, I did not know what to say."
Madam Simon, 55, said her mother - who lives alone - could not recall the contact details of any relatives while in custody as she was "stressed and overwhelmed". As a result, the family found out only later that day after a CWP officer contacted them.
Despite the agencies' account, Madam Simon said her mother was handcuffed and restrained when she was moved from the police post to the police division and to the courts. But she said her mother, who suffers from several illness, was thankfully placed in the medical ward in prison, where she received her daily doses of medicine.
"When I saw her after her release, she was very quiet and when I brought her home, she slept with her hands closed to her face, like in handcuffs," she added.
Additional reporting by Seow Bei Yi
"When I saw her after her release, she was very quiet and when I brought her home, she slept with her hands closed to her face, like in handcuffs," she added.
Additional reporting by Seow Bei Yi
The joint statement
Key points of joint statement from the police and prison service:
• When Madam Josephine Savarimuthu was in police custody after her arrest on March 4, she was not restrained, and was offered food and water. She did not show any sign of being traumatised, and was alert when in police custody.
• She was asked if she wanted to call someone to bail her out, once at the police station and then in court. She declined both times. If she had accepted the bail offer, she would have been released that day, before going to court another day.
• After attending court on the morning of March 4, she was escorted by prison officers to Changi Women's Prison to be remanded until March 6, the next available date for court mention. During her transfer, she was restrained at the hands and legs. This is part of the prison service's standard operating procedures, which include preventing people in custody from harming themselves.
• It was while in remand that she provided the contact number of a family member. The prison made contact on the same day. On March 5, Madam Savarimuthu's daughter went to the prison. She was unable to see her mother as there was no visitation on Sunday. Officers told her that they were aware of her mother's pre-existing medical condition and that she was being provided with the necessary help. The daughter bailed her mother out from the State Courts on March 6.
Key points of joint statement from the police and prison service:
• When Madam Josephine Savarimuthu was in police custody after her arrest on March 4, she was not restrained, and was offered food and water. She did not show any sign of being traumatised, and was alert when in police custody.
• She was asked if she wanted to call someone to bail her out, once at the police station and then in court. She declined both times. If she had accepted the bail offer, she would have been released that day, before going to court another day.
• After attending court on the morning of March 4, she was escorted by prison officers to Changi Women's Prison to be remanded until March 6, the next available date for court mention. During her transfer, she was restrained at the hands and legs. This is part of the prison service's standard operating procedures, which include preventing people in custody from harming themselves.
• It was while in remand that she provided the contact number of a family member. The prison made contact on the same day. On March 5, Madam Savarimuthu's daughter went to the prison. She was unable to see her mother as there was no visitation on Sunday. Officers told her that they were aware of her mother's pre-existing medical condition and that she was being provided with the necessary help. The daughter bailed her mother out from the State Courts on March 6.
Relook how elderly suspects are treated when detained
I am deeply saddened and shocked by the events that took place on March 4.
My mother is 73 years old, frail and suffers from a host of medical conditions.
That morning, she went to the Ang Mo Kio South Neighbourhood Police Centre to report a lost pawn shop ticket.
However, the officer-in-charge informed her that there was a warrant of arrest issued against her in 2015 for failing to appear for a court hearing on a town council-related matter.
They did not provide her with any further details of the offence.
She was detained and taken to the Ang Mo Kio Police Station and, from there, to the State Courts, before being remanded at Changi Women's Prison (CWP).
While in custody, my mother was stressed and overwhelmed, and was unable to recall the contact details of any of her relatives.
Hence, it was only later that afternoon, after we were contacted by a CWP staff member, that we found out about my mother's whereabouts.
She was remanded over the weekend and was not allowed any visits. She was taken to the State Courts on March 6, where bail was offered.
Thankfully, the prison officials had placed my mother in the medical ward, so she received her daily doses of medicine.
My elderly mother was traumatised by the incident.
There is a serious need for the police and government agencies to re-examine the procedures involving our elderly.
When elderly suspects are detained, factors like their age, health and mental state, along with the seriousness of the offence, need to be considered.
Their sudden detention and lack of access to their loved ones can be very traumatic.
I am deeply saddened and shocked by the events that took place on March 4.
My mother is 73 years old, frail and suffers from a host of medical conditions.
That morning, she went to the Ang Mo Kio South Neighbourhood Police Centre to report a lost pawn shop ticket.
However, the officer-in-charge informed her that there was a warrant of arrest issued against her in 2015 for failing to appear for a court hearing on a town council-related matter.
They did not provide her with any further details of the offence.
She was detained and taken to the Ang Mo Kio Police Station and, from there, to the State Courts, before being remanded at Changi Women's Prison (CWP).
While in custody, my mother was stressed and overwhelmed, and was unable to recall the contact details of any of her relatives.
Hence, it was only later that afternoon, after we were contacted by a CWP staff member, that we found out about my mother's whereabouts.
She was remanded over the weekend and was not allowed any visits. She was taken to the State Courts on March 6, where bail was offered.
Thankfully, the prison officials had placed my mother in the medical ward, so she received her daily doses of medicine.
My elderly mother was traumatised by the incident.
There is a serious need for the police and government agencies to re-examine the procedures involving our elderly.
When elderly suspects are detained, factors like their age, health and mental state, along with the seriousness of the offence, need to be considered.
Their sudden detention and lack of access to their loved ones can be very traumatic.
Their next-of-kin must be contacted; if necessary, the elderly person should be taken home to retrieve phone records.
This would make it easier to make bail arrangements and avoid the need for him to be taken to prison.
Furthermore, when my mother was moved between the police station, CWP and the court, she was handcuffed and had leg restraints on.
It is appalling that a weak old woman was subjected to such harsh treatment.
Law enforcement officers must be empowered to exercise flexibility to handle such cases with empathy and more humane considerations.
I hope our pioneer generation members will not be subjected to such an ordeal in future.
Gertrude Simon (Madam)
ST Forum, 15 Mar 2017
Gertrude Simon (Madam)
ST Forum, 15 Mar 2017
Exercising restraint in the use of restraints
A review is needed in the handling of minor offences and elderly suspects, with alternatives to warrants of arrest worth considering for municipal infringements.
By K.C. Vijayan, Senior Law Correspondent, The Straits Times, 23 Mar 2017
Every year, tens of thousands of Singaporeans fail to pay fines for offences ranging from breaches of town council rules, to illegal parking, speeding and other traffic-related matters, to failure to pay utility bills.
After repeated reminders go unheeded, a warrant of arrest is issued by the courts and that is fed into a police enforcement database.
That is what happened to Madam Josephine Savarimuthu, 73, who had breached town council rules over wrongful placement of potted plants. Her initial fine was $50 but ballooned to $400 by the time she settled the bill on March 7, which included court legal fees.
Madam Savarimuthu was arrested on March 4 when she went to Ang Mo Kio South neighbourhood police centre to report a lost pawn ticket. The police officer discovered an outstanding warrant of arrest for her, issued by the court last year as she had failed to attend court in relation to town council summons.
So on that Saturday, the police offered her bail. She refused. She was then taken to a police station and from there to court. After the matter was processed by the court, she was escorted that same day to Changi Women's Prison - with handcuffs and leg restraints on her.
After being remanded over the weekend, the same restraints were used on her on Monday morning when she was conveyed to the State Courts from the prison to be dealt with for the offence. Her daughter, Madam Gertrude Simon, 55, bailed her out then and on the following day, the fine was settled.
But the manner of her treatment subsequently drew debate. The incident came to public attention after Madam Simon wrote in to The Straits Times Forum to register her unhappiness over the way her mother was treated and to call for law enforcement officers to exercise flexibility in their treatment of elderly folk.
The case actually raises questions about the treatment of two different groups of offenders. The first are elderly suspects in custody, whose numbers could swell in the coming years given the rapid ageing of the population. The second are those guilty of municipal offences and who have, as a result of non-payment of fines, had a warrant of arrest issued against them.
OF FINES AND ARRESTS
Those who commit municipal offences are of all ages and backgrounds. Currently, the police execute warrants of arrest triggered against such defaulters by a host of agencies, such as the Housing Board, Land Transport Authority (LTA) and town councils.
In 2015, the caseload for departmental and statutory board charges and summonses handled by the State Courts rose to 143,700, from 116,865 in 2014. While these figures include charges not handled by police, it stands to reason that at least a share of these cases involve police enforcing warrants of arrest against individuals, as in the case of Madam Savarimuthu. The question is whether this is the best way to deal with such offenders.
A review is needed in the handling of minor offences and elderly suspects, with alternatives to warrants of arrest worth considering for municipal infringements.
By K.C. Vijayan, Senior Law Correspondent, The Straits Times, 23 Mar 2017
Every year, tens of thousands of Singaporeans fail to pay fines for offences ranging from breaches of town council rules, to illegal parking, speeding and other traffic-related matters, to failure to pay utility bills.
After repeated reminders go unheeded, a warrant of arrest is issued by the courts and that is fed into a police enforcement database.
That is what happened to Madam Josephine Savarimuthu, 73, who had breached town council rules over wrongful placement of potted plants. Her initial fine was $50 but ballooned to $400 by the time she settled the bill on March 7, which included court legal fees.
Madam Savarimuthu was arrested on March 4 when she went to Ang Mo Kio South neighbourhood police centre to report a lost pawn ticket. The police officer discovered an outstanding warrant of arrest for her, issued by the court last year as she had failed to attend court in relation to town council summons.
So on that Saturday, the police offered her bail. She refused. She was then taken to a police station and from there to court. After the matter was processed by the court, she was escorted that same day to Changi Women's Prison - with handcuffs and leg restraints on her.
After being remanded over the weekend, the same restraints were used on her on Monday morning when she was conveyed to the State Courts from the prison to be dealt with for the offence. Her daughter, Madam Gertrude Simon, 55, bailed her out then and on the following day, the fine was settled.
But the manner of her treatment subsequently drew debate. The incident came to public attention after Madam Simon wrote in to The Straits Times Forum to register her unhappiness over the way her mother was treated and to call for law enforcement officers to exercise flexibility in their treatment of elderly folk.
The case actually raises questions about the treatment of two different groups of offenders. The first are elderly suspects in custody, whose numbers could swell in the coming years given the rapid ageing of the population. The second are those guilty of municipal offences and who have, as a result of non-payment of fines, had a warrant of arrest issued against them.
OF FINES AND ARRESTS
Those who commit municipal offences are of all ages and backgrounds. Currently, the police execute warrants of arrest triggered against such defaulters by a host of agencies, such as the Housing Board, Land Transport Authority (LTA) and town councils.
In 2015, the caseload for departmental and statutory board charges and summonses handled by the State Courts rose to 143,700, from 116,865 in 2014. While these figures include charges not handled by police, it stands to reason that at least a share of these cases involve police enforcing warrants of arrest against individuals, as in the case of Madam Savarimuthu. The question is whether this is the best way to deal with such offenders.
There is also the matter of resource allocation, as current process takes up scarce police resources and incurs court costs. Alternative options are worth exploring, especially as other countries, such as Australia, have found different means to deal with such offences.
In the state of New South Wales (NSW), for example, most minor offences would not result in an arrest warrant, a police spokesman for the state said in response to questions from The Straits Times. "Ultimately, the non-payment of fines sees the matter fowarded to the State Debt Recovery Office. They take action to recover the money and then are able to cancel drivers' licences in NSW, for instance in the case of driving offences," he said.
The State Debt Recovery Office (SDRO) administers the NSW fine enforcement system and is responsible for the receipt and collection of outstanding fines and penalties. These fines are for miscellaneous minor infringements, such as parking offences, failure to pay bills like ambulance fees or election-related breaches.
The SDRO is armed with remedies such as garnishing the sums payable from the offender's employer or placing a charge on property and, if such actions fail, then an order for community service is issued.
No equivalent of the SDRO may be justified here in cost-benefit terms but it stands to reason to consider a scenario where agencies like the town councils are empowered to deal with municipal breaches on their own, armed perhaps with remedies similar to those made available to the SDRO. After all, it seems more appropriate for municipal offences to attract penalties proportionate to the nature of the breach.
A review of current processes could also help to shift the burden of enforcement action away from the police and free them to focus on more serious challenges to safety in the face of new security threats.
SENIORS IN TROUBLE
Singapore is not the only country grappling with the issue of senior citizen arrests. In Britain, police arrest some 40 senior citizens a day on average, according to 2010 figures reported in the Daily Mail.
A review of current processes could also help to shift the burden of enforcement action away from the police and free them to focus on more serious challenges to safety in the face of new security threats.
SENIORS IN TROUBLE
Singapore is not the only country grappling with the issue of senior citizen arrests. In Britain, police arrest some 40 senior citizens a day on average, according to 2010 figures reported in the Daily Mail.
"Their crimes range from failing to pay a fine for overfilling a wheelie bin to not wearing a seat belt or chopping a neighbour's hedge without permission," the newspaper reported.
In Singapore, comparable data is not currently available publicly but The Straits Times reported earlier this month that the number of elderly prisoners has almost doubled in the past five years. The Singapore Prison Service has even retrofitted some prison cells with senior-friendly features like grab bars and handrails. With the ageing of society, the issue of how the elderly should be treated while in police custody gains added significance and urgency.
In the case of Madam Savarimuthu, the prisons officers who handcuffed and used leg restraints on her - virtually maximum-security restraints - were following procedures that have likely evolved over time.
There was one case each in 2007 and 2008 in which remandees attempted to escape.
In 2007, two accused persons broke free from police escorts near District Court 26 in the basement level. They were recaptured within the premises. In June 2008, two accused persons who were not handcuffed fled from the court lock-up but they were promptly apprehended within 100m of the lock-up. Two days later, the pair were back in the then Subordinate Courts, appearing with hands cuffed and legs shackled.
In today's post-Mas Selamat era, the mantra seems to be: Better to be safe than sorry - to a fault. Singaporean terrorist Mas Selamat Kastari escaped from Whitley Road Detention Centre in February 2008 and was on the run before being arrested by the Malaysian Security Branch in April 2009.
In the case of Madam Savarimuthu, the prisons officers who handcuffed and used leg restraints on her - virtually maximum-security restraints - were following procedures that have likely evolved over time.
There was one case each in 2007 and 2008 in which remandees attempted to escape.
In 2007, two accused persons broke free from police escorts near District Court 26 in the basement level. They were recaptured within the premises. In June 2008, two accused persons who were not handcuffed fled from the court lock-up but they were promptly apprehended within 100m of the lock-up. Two days later, the pair were back in the then Subordinate Courts, appearing with hands cuffed and legs shackled.
In today's post-Mas Selamat era, the mantra seems to be: Better to be safe than sorry - to a fault. Singaporean terrorist Mas Selamat Kastari escaped from Whitley Road Detention Centre in February 2008 and was on the run before being arrested by the Malaysian Security Branch in April 2009.
Now, the standard operating procedure (SOP) seems to be for prison inmates and remandees to be handcuffed and shackled not only to ensure secure custody but also to prevent them from harming themselves and others, including the officers. Also, it can be risky to expect ground officers to be able to discern quickly the risk level of a person in custody merely from the nature of their offence or age.
The challenge is for the authorities to find a way to relax procedures for minor offences and elderly offenders without raising risks significantly.
Criminal lawyer Josephus Tan argues for a "calibrated" approach in dealing with the elderly, including making provisions for someone to assist the senior in custody. This is "not just a legal issue but a social issue", he said. "There is no 'one size fits all' but what we see are a sign of things to come, given that we are an ageing society."
Retired award-winning social work professional K.V. Veloo urged prisons and police to start developing an SOP on how to deal with seniors that covers each stage of the process - from arrest, interrogation, confinement in police or prisons' remand to court appearance and disposal.
"I will go a step further: They should be treated as in the case of juvenile offenders under the Children and Young Persons Act, which provides protection and care of such young people. The hallmark of a caring society is seen in how it treats its weakest members," said the former chief probation and after-care officer.
It would also be more ideal if the rule is not to use security restraints on elderly offenders and those involved in minor cases but allow officers the discretion to do so.
That is especially so for the elderly, who may be facing their first run-ins with the law after long years of law-abiding existence.
On this issue, a review is timely.
It would also be more ideal if the rule is not to use security restraints on elderly offenders and those involved in minor cases but allow officers the discretion to do so.
That is especially so for the elderly, who may be facing their first run-ins with the law after long years of law-abiding existence.
On this issue, a review is timely.
No comments:
Post a Comment