It may be a little early to declare that a major transition of the judiciary is under way, and in fact, the republic will not relax its punishment of serious crime – including hanging and caning – any time soon.

But on several instances in recent weeks, the courts have pulled back from sending youths to prison and instead gave them probation, a second chance or just a warning to avoid scarring their lives.

This coincides with a programme called “Yellow Ribbons” to help released prisoners get jobs and return to a normal life.

This is a departure from past norms when courts took a tough stance to ensure social stability.

Recent exceptions included:

* An 18-year-old girl shed tears of relief when she was given two years’ probation, instead of a jail term, for multiple counts of counterfeiting currency and using fake S$50 bills.

* A polytechnic student, whose mother was jailed for maid abuse, was given another chance by a district judge who placed her on probation for similar offences.

* The High Court judge reduced a woman’s 33-month jail term to probation for seven credit card fraud charges because of a sanguine probation report that she deserves another chance.

* A Singaporean blogger has received a stern warning but escaped imprisonment for Sedition after posting cartoons mocking Jesus Christ on his online journal, instead of a possible three years’ jail and/or S$5000 fine.

It is not known if they were mere coincidence or the result of a new government policy or the doings of Singapore’s new Chief Justice Chan Sek Keong, who replaced tough-minded Yong Pung How in April this year. Yong, a long-time friend of Minister Mentor Lee Kuan Yew (they are said to share many views), was known to be very firm on the use of punishment as a deterrent to crime.

Although some Singaporeans found Yong’s sentencing too harsh, it nevertheless gained fans among Singaporean heartlanders when he cracked down hard on recalcitrant or violent criminals, rapists or drug offenders.

To a large extent, it has helped create today’s law-and-order environment that has drawn accolades from locals and occasionally even Westerners.

Recently, New Zealander Peter Jenkins, who operated the Sensible Sentencing Trust website, wrote about his visit to Singapore’s lower courts.

“I witnessed a sentencing session where 20 offenders were dispatched in the space of less than an hour,” he said.

The sentences were very much tougher than in New Zealand, he added, giving the following examples:

1. Shoplifting goods to the value of S$45 – three months.

2. Four assaults (30 months each) to be served consecutively not concurrently as would have been in New Zealand, making a total of 90 months or over seven-and-a-half years.

3. A sexual assault – 10 years.

4. A number of other offenders – shoplifting and other relatively minor charges plus some with drugs charges – were also sentenced for sentences ranging from six weeks or more (for a first offender).

A repeat offender who stole numerous ATM cards and withdrew S$25,000 from them was jailed for eight years. Punishment for rape is not less than eight years, not more than 20, plus at least 12 strokes of the cane, he observed.

A man with previous convictions for armed robbery and housebreaking who vandalised a welfare home in which he had been placed, causing S$4000 damage, was sentenced to 42 months in jail – and eight strokes of the cane.

“Another thing I could not help but notice about the court on arrival – there were no intimidating low-lives hanging around who are often found lounging around outside NZ courts. And there was no graffiti inside or outside the court,” Jenkins added.

Singapore’s new Prime Minister Lee Hsien Loong is restructuring the society and the judiciary will eventually reflect the change, too.

Taking a softer line against first-time juvenile offenders on less serious offences could be a start. The objective is to avoid a jail sentence that could mark their lives.

Lee is working hard to win over young Singaporeans disenchanted with “excessive” control in preparation for the next general election due in 2011.

In the recent election, many post-1965 Singaporeans turned against them, and more than half of youths recently told a survey they would emigrate if the chance arose.

The new Chief Justice is paying special attention to young offenders.

He has announced the setting up of a new Community Court that will deal with juvenile offenders (aged 16 to 18), including sex with an underage girl, family violence and neighbourhood disputes where offenders may escape prison.

Traditionally, Singaporean judges are more likely to turn an unsympathetic ear to pleas for leniency. The general perception is that individuals are responsible for their own actions.

Generally prisons are not regarded as reform centres but holding pens to keep criminals away from society. An increasing minority of Singaporeans, however, wants to see a softer handling of criminals and more emphasis on rehabilitation.

In Singapore’s case, bigger prisons do mean less crime.

In Russia, some 599 people out of every 100,000 population are in jail, the world’s highest ratio. Singapore, surprisingly, ranks fifth with 350 – higher than 17th place Malaysia with 141.

Besides, the relapse rate here is high; some 76% of released prisoners go back to crime.

o Seah Chiang Nee is a veteran journalist and editor of the information website littlespeck.com

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