Proposed Changes to Road Traffic Laws Provide Courts with Greater Flexibility in Sentencing

The Ministry of Home Affairs (MHA) has introduced amendments to the Road Traffic Act aimed at enhancing judicial discretion in sentencing road traffic offenders. This comes in light of increasing road traffic incidents in Singapore. The Road Traffic (Miscellaneous Amendments) Bill was presented for the first reading in Parliament on 11 November 2024.

Streamlining Sentencing for Traffic Offenders

One of the significant changes proposed is the removal of mandatory minimum sentences for first-time offenders involved in dangerous driving that causes grievous hurt or death. Instead, courts will now consider the full circumstances surrounding each case, allowing them to impose sentences that may be more proportionate to the offence.

  • Current Sentencing: Minimum sentences of one to two years remain for first-time offenders.
  • Proposed Change: Mandatory minimums removed; judges can impose sentences more fitting to the offender’s actions.

Addressing Repeat Offenders

For repeat offenders, the bill aims to lower mandatory minimum sentences. The minimum for causing death will drop from four years to two, while grievous hurt cases will reduce from two years to one year.

Consideration of Circumstances

The MHA highlights that the amendments allow the prosecution to charge offenders flexibly. For instance, if a situation arises where grievous hurt is caused but other road users shared responsibility, the prosecution may choose to proceed on a lesser charge of ‘hurt’ instead.

Current data indicates an increase in road fatalities. In the first half of 2024, 73 lives were lost—up from 71 during the same period the previous year. Moreover, fatal speeding-related incidents have risen sharply.

Additional Amendments and Revisions

Proposals also include:

  • Restructuring the definition of repeat offenders, limiting it to those with two prior speeding convictions exceeding the speed limit by at least 40km/h within the last five years.
  • Empowering immigration officers at checkpoints to administer breathalyser tests.
  • Changes to how driving disqualifications commence upon conviction or imprisonment.

MHA reassures that these amendments will ensure that less severe offences are not unduly penalised while still providing the courts with the necessary authority to impose strict punishments for more severe violations.