[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-0-en-105":3,"doc-seo-637226-105":59,"doc-detail-637226-en":130},{"code":4,"msg":5,"data":6},0,"success",[7,13,18,23,28,33,38,43,48,51,55],{"id":8,"doc_module":4,"doc_module_name":9,"category_name":10,"show_sort_weight":11,"slug":12},1,"Document","Story & Novel",90,"story-novel",{"id":14,"doc_module":4,"doc_module_name":9,"category_name":15,"show_sort_weight":16,"slug":17},2,"Literature",80,"literature",{"id":19,"doc_module":4,"doc_module_name":9,"category_name":20,"show_sort_weight":21,"slug":22},4,"Exam",70,"exam",{"id":24,"doc_module":4,"doc_module_name":9,"category_name":25,"show_sort_weight":26,"slug":27},5,"Comic",60,"comic",{"id":29,"doc_module":4,"doc_module_name":9,"category_name":30,"show_sort_weight":31,"slug":32},6,"Technology",50,"technology",{"id":34,"doc_module":4,"doc_module_name":9,"category_name":35,"show_sort_weight":36,"slug":37},7,"Healthcare",40,"healthcare",{"id":39,"doc_module":4,"doc_module_name":9,"category_name":40,"show_sort_weight":41,"slug":42},8,"Research & Report",30,"research-report",{"id":44,"doc_module":4,"doc_module_name":9,"category_name":45,"show_sort_weight":46,"slug":47},9,"Religion & Spirituality",20,"religion-spirituality",{"id":46,"doc_module":4,"doc_module_name":9,"category_name":49,"show_sort_weight":46,"slug":50},"World Cup","world-cup",{"id":52,"doc_module":4,"doc_module_name":9,"category_name":53,"show_sort_weight":52,"slug":54},10,"Lifestyle","lifestyle",{"id":56,"doc_module":4,"doc_module_name":9,"category_name":57,"show_sort_weight":24,"slug":58},19,"General","general",{"code":4,"msg":60,"data":61},"ok",{"site_id":62,"language":63,"slug":64,"title":65,"keywords":66,"description":67,"schema_data":68,"social_meta":123,"head_meta":125,"extra_data":127,"updated_unix":129},105,"en","prosecutorial-discretion-and-prosecution-guidelines-prosecutorial-discretion-and-prosecution-guidelines","PROSECUTORIAL DISCRETION AND PROSECUTION GUIDELINES - Professorial discretion and prosecution guidelines","","Prosecutorial discretion is treated as a constitutionally protected core of Singapore’s criminal justice system, vested in the Attorney-General as Public Prosecutor. Recent litigation has challenged its use under principles of equal treatment. The article analyzes the foundations of prosecutorial discretion and evaluates the need for prosecution guidelines to support decisions that are consistent and fair, with discussion of judicial review concerns.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/prosecutorial-discretion-and-prosecution-guidelines-prosecutorial-discretion-and-prosecution-guidelines/637226/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/prosecutorial-discretion-and-prosecution-guidelines-prosecutorial-discretion-and-prosecution-guidelines/637226.png","ImageObject",300,407,{"name":92,"@type":93},"acoobca","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-01","2026-10-22",true,{"@type":102,"interactionType":103,"userInteractionCount":39},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What does the article identify as the role of prosecutorial discretion in Singapore’s criminal justice system?","Question",{"text":112,"@type":113},"It identifies prosecutorial discretion as a constitutionally protected element vested in the Attorney-General acting as the Public Prosecutor, covering decisions throughout the criminal process.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"Why has prosecutorial discretion faced challenges according to the article?",{"text":117,"@type":113},"Challenges arise from allegations that discretion violates constitutionally protected rights to equal treatment and can lead to abuse or inconsistent application.",{"name":119,"@type":110,"acceptedAnswer":120},"How does the article justify developing prosecution guidelines?",{"text":121,"@type":113},"It argues guidelines can help prosecutors make decisions consistently and fairly, supporting clearer and more uniform charging determinations.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},637226,1793044417,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":39,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":139,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":145},3985747870733,"https://ap-avatar.wpscdn.com/davatar_a8503ba1806abce46bf441b54a3ca4cd","Singapore Journal of Legal Studies [2013] 50–75  \nPROSECUTORIAL DISCRETION AND  \nPROSECUTION GUIDELINES  \nKumaralingam Amirthalingam∗  \nProsecutorial discretion is an essential element of our criminal justice. This discretion vests in the Attorney-General as the Public Prosecutor and is constitutionally protected. Recently, there have been several challenges to the exercise of this discretion on the basis of alleged violation of the constitutionally protected right to equal treatment. This article examines the basis of the prosecutorial discretion and considers the value of developing prosecution guidelines to assist prosecutors in making decisions consistently and fairly.  \nI. Introduction  \nConsider the following scenario. Two individuals, Leong and Rajan, enter Singapore riding a motorcycle. Immigration officials find 50g of diamorphine and a packet of Class C drugs hidden in the motorcycle. Both admit that they were carrying the drugs to be delivered to a third person in Singapore. The Public Prosecutor, having considered all the relevant factors and circumstances surrounding the case, charges Leong with trafficking in Class C drugs and Rajan with trafficking in 50g of diamorphine. The death penalty is mandatory for anyone guilty of trafficking more than 15g of diamorphine.1 The minimum punishment fortrafficking in Class C drugs is 2 years’ imprisonment and 2 strokes of the cane.2  \nFaced with the death penalty, Rajan demands an explanation for the Public Prosecutor’s decision to charge him with an offence carrying the death penalty while charging Leong with a lower offence for essentially the same conduct. The Public Prosecutor refuses to explain the charging decision. One offender is hanged and one is jailed for two years. On the face of it, the two have been treated unequally, with dire consequences for one. This result is the direct consequence of the Public Prosecutor’s exercise of discretion in the charging decision.  \n∗  \n1 2  \nProfessor, Faculty of Law, National University of Singapore; Senior Director (Research & Policy), Attorney-General’s Chambers, Singapore. The views expressed in this article are the author’s own and do not necessarily represent those of either institution with which the author is affiliated. This research was supported by a Singapore Ministry of Education Academic Research Fund Tier 1 (WBSNo: R-241-000-103-112) .  \nMisuse of Drugs Act (Cap. 185, 2008 Rev. Ed. Sing.), ss. 5, 33 and the Second Schedule.  \nIbid.  \nSing. J.L.S. Prosecutorial Discretion and Prosecution Guidelines 51  \nThe Public Prosecutor enjoys almost unfettered discretion in all aspects of the criminal process including instituting, conducting and discontinuing criminal proceedings.3 In Singapore, this discretion is enshrined in art. 35(8) of the Constitution4 and its sanctity has been reaffirmed in the Court of Appeal. This discretion exists in similar measure in other common law jurisdictions, including the United States,5 the United Kingdom,6 Australia7 and Hong Kong.8 It has raised concerns about the potential for abuse or inconsistent application and there have been attempts to have prosecutorial discretion judicially reviewed in Singapore.9  \nThe Singapore Court of Appeal in three separate decisions last year considered the extent to which the Public Prosecutor’s exercise of discretion was subject to judicial review, especially when it was alleged to have violated the constitutional protection of equality guaranteed under art. 12 of the Constitution.10 The court also considered the relationship between art. 35(8) and art. 93 of the Constitution, respectively dealing with the power of the Attorney-General and of the judiciary.11  \n3 The Attorney-General’s independence in exercising the discretion with respect to criminal prosecutions has a long pedigree. See J.Ll.J. Edwards, The Law Officers of the Crown: A study of the offices of Attorney-General and Solicitor-General of England with an account of the office of the Director of Publi","cbCainvNxglRmLYT","https://ap.wps.com/l/cbCainvNxglRmLYT","pdf",144416,26,"English","# I. Introduction\n## Prosecutorial discretion as constitutionally protected power\n## Challenges based on equality and judicial review","[{\"question\":\"What does the article identify as the role of prosecutorial discretion in Singapore’s criminal justice system?\",\"answer\":\"It identifies prosecutorial discretion as a constitutionally protected element vested in the Attorney-General acting as the Public Prosecutor, covering decisions throughout the criminal process.\"},{\"question\":\"Why has prosecutorial discretion faced challenges according to the article?\",\"answer\":\"Challenges arise from allegations that discretion violates constitutionally protected rights to equal treatment and can lead to abuse or inconsistent application.\"},{\"question\":\"How does the article justify developing prosecution guidelines?\",\"answer\":\"It argues guidelines can help prosecutors make decisions consistently and fairly, supporting clearer and more uniform charging determinations.\"}]","PROSECUTORIAL DISCRETION AND PROSECUTION GUIDELINES - Professorial discretion and prosecution guidelines | PDF",1792680099,66]