SINGAPORE: Following its recent move to increase the
appeal fee 10-fold to S$50, the Subordinate Courts has disclosed
that the number of criminal appeals has surged in recent
years.
At the same time, the number of appeals that were
withdrawn or lapsed is also on the rise.
A Subordinate Courts spokesperson said: "This
contributes to much wasted work as the record of proceedings is
prepared and compiled, but the appeal is not eventually
heard".
However, lawyers who spoke to Channel NewsAsia
pointed out that there could be various reasons for the withdrawal
of appeals, such as defendants lacking the wish to prolong the
agony of defending, or those who feel their chances of succeeding
are not high after feeling initially aggrieved by the
decision.
As reported by Channel NewsAsia last week, the Subordinate Courts
revised the appeal fee for criminal charges from January 2.
The fee, paid to obtain a copy of the record of proceedings and
grounds of decision, had stood at S$5 since 1985.
The fee hike has sparked concern among some lawyers that other
criminal litigation costs may also increase.
Both the Law Society and the Association of Criminal Lawyers of
Singapore (ACLS) -- who were not consulted on the change -- are
gathering feedback from its members.
Noting some "grumbling" among members, ACLS president Subhas
Anandan said: "If feedback and feelings are strong, we may suggest
a meeting with the Subordinate Courts".
With the exception of white-collar commercial crime, lawyers said
that anecdotally, those accused of criminal offences were mostly
people without much financial means.
Lawyer Sng Kheng Huat said: "To some people, the increase appears
to be a big jump".
Mr Sng added that the appeal fee should only go towards covering
administration costs.
But the Subordinate Courts said 47 per cent of accused persons who
appealed in 2009 did not have to pay the fee.
Defendants who are unrepresented and serving sentence at the time
the fee is payable, and pro bono cases, will have their fees
waived.
A normal record of appeal consists of documents such as charges,
statement of facts (if a person pleads guilty), the accused
person's criminal records, notes of evidence, and the court's
grounds of decision.
The Subordinate Courts spokesperson added: "If a matter has gone to
trial … the record of proceedings often consists of no less than
150 pages, and may run into several volumes. In such a case, the
S$5 fee is insufficient to even cover the cost of printing the
record of proceedings".
But lawyer Tan Hee Joek said it was "strange" to speak about cost
recovery in the context of criminal prosecution.
Mr Tan said he wondered if this would lead to cost recovery for all
failed appeals in the future.
Pointing out that on average, appeals form "less than one per cent
of the criminal cases heard", the Subordinate Courts reiterated
that the revised fee should not discourage genuine cases.
Concurring, lawyer Daniel Atticus Xu pointed out that the
opportunity to get a High Court Judge to preside over a case with a
fine-tooth comb is worth more than the S$50 fee.
Lawyer Amarick Gill added: "If you feel there are merits in your
case, the extra S$45 will not deter you from appealing."
-- TODAY/wk