Making this the first option will help reduce the magistrate's
case load
<!-- START OF : div id="storytext"--><!-- more than 4
paragraphs --> THE next time a resident complains to the police
about how his neighbour is making a ruckus or dirtying the
corridor, the police may well refer the parties for mediation.
Proposed changes to the Criminal Procedure Code, which will be
tabled for discussion in next February's Budget debate, will
empower the police to refer such cases to the Community Mediation
Centres (CMC) before the parties turn up before a magistrate with
their complaints, which is now the main recourse. Their refusal to
go for mediation may result in the magistrate dismissing their
complaints.
Under the tabled Criminal Procedure Code Bill,
the police will also be given
greater latitude to shoot to kill suspects whom they believe to be
terrorists.
The Bill, which deals with changes to court procedures and the
powers of law enforcement agencies, will also enable the police to seize cash in a suspect's
bank account or safe deposit box without the need for a bank
order.
Currently, neighbours with quarrels may go before a magistrate,
who will usually recommend mediation.
Making mediation the first option would reduce magistrate's case
load and allow matters to be settled amicably, said lawyer
Christopher Bridges.
Figures from the Subordinate Courts show that the number of
magistrate's complaints involving neighbourly quarrels increased
from 2,367 in 2004 to 3,716 last year - a 56 per cent jump.
A magistrate's complaint can be filed by a person who wishes to
seek redress for an offence that he believes has been committed
against him.
At the CMC, over half of the 539 cases handled last year
involved neighbours.
Often, settling the matter amicably is not what complainants
want.
'They want to shame the other party in an open court, not in
some closed-door mediation session,' said Mr Bridges.
'It just shows how some people get caught up by what they see on
television.'
Mediation makes sense as many disputes between neighbours and
family members are minor, even if they involve some pushing and
shoving, according to criminal lawyer Peter Fernando.
He said that police officers currently advise a person to file a
magistrate's complaint only after they have consulted the
Attorney-General's Chambers (AGC). Even with the proposed changes,
they are likely to check with prosecutors if mediation should be
the first option, he said.
Police would also be given
wider latitude to shoot to kill in terrorist-related incidents.
Currently, an officer can use lethal force in self-defence or to
save a victim from certain death. The change means he can shoot if
there is a reasonable belief that the suspect is a
terrorist.
Mr Fernando said: 'It's very specific and is solely confined to
acts of terrorism and not to crimes under the Penal Code.'
Graphic designer Steve Teoh, 33, is also for the change but
hopes the police do not become 'trigger-happy'.
On their new powers to seize suspects' possessions, he said: 'If
it turns out to be an error, the property is returned. A little
inconvenience is a small price to make sure crime does not
pay.'