Press Release: Publication of Guidelines for Scams Related Offences
The inter-agency Sentencing Advisory Panel (“Panel”) has published the Guidelines for Scams-Related Offences (“the Guidelines”).[1] Parties may raise the Guidelines in their submissions to the court with immediate effect.
Background
Scams are a major and fast-growing concern:
(a) Over the past five years, the number of reported scam cases increased by more than seven-fold, while the amounts lost to scams have quadrupled. In 2023, there were 46,563 scam cases, an increase of 46.8% from 2022.
(b) The total amount of monies lost by scam victims in 2023 alone was $651.8 million.
To combat the growing menace posed by scams, Parliament introduced new offences under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 (“CDSA”) and Computer Misuse Act 1993 (“CMA”) in 2023.[2] The new CDSA and CMA offences target a critical component of the operation of scam syndicates – persons in Singapore who hand over control of their bank accounts or who disclose Singpass credentials to others, who are then able to use these accounts and credentials to commit scams and launder scam proceeds.
Guidelines
The Guidelines aim to provide clarity on how the new CDSA and CMA offences should be sentenced. To send a strong deterrent signal, the Guidelines recommend that significant imprisonment sentences should be the norm for scams-related offences involving the handing over of bank accounts or the disclosure of Singpass credentials. This recommendation applies to all offenders (even young offenders below the age of 21), except juvenile offenders dealt with in the Youth Court.
The Guidelines propose the following starting sentences for such scams-related offences:
|
S/N |
Offence |
Starting sentence |
|
(a) |
Handing over control of one’s bank account to another person, without taking reasonable steps to ascertain that person’s purpose of accessing, operating or controlling the bank account – punishable under section 55A of the CDSA |
6 months’ imprisonment [Prescribed punishment: up to $50,000 fine, or up to 3 years’ imprisonment, or both] |
|
(b) |
Negligently handing over control of one’s bank account to another person – punishable under section 51(1A) of the CDSA |
6 months’ imprisonment [Prescribed punishment: up to $150,000 fine, or up to 3 years’ imprisonment, or both] |
|
(c) |
Rashly handing over control of one’s bank account to another person – punishable under section 51(1A) of the CDSA |
12 months’ imprisonment [Prescribed punishment: up to $250,000 fine, or up to 5 years’ imprisonment, or both] |
|
(d) |
Handing over control of one’s bank account to another person knowing or having reason to believe that this would assist that other person to retain criminal benefits – punishable under section 51(1) of the CDSA |
18 months’ imprisonment [Prescribed punishment: up to $500,000 fine, or up to 10 years’ imprisonment, or both] |
|
(e) |
Disclosing own Singpass credentials – punishable under section 8A of the CMA |
6 months’ imprisonment [Prescribed punishment: up to $10,000 fine, or up to 3 years’ imprisonment, or both] |
|
(f) |
Disclosing another’s Singpass credentials – punishable under section 8B of the CMA |
12 months’ imprisonment [Prescribed punishment for first-time offenders: up to $10,000 fine, or up to 3 years’ imprisonment, or both. Prescribed punishment for repeat offenders: up to $20,000 fine, or up to 5 years imprisonment, or both] |
The Guidelines also recommend that the sentence may be further enhanced if there are aggravating factors, such as if a vulnerable victim was involved, if significant amounts of $100,000 or more had passed through the account after it had been handed over, or if the offender was motivated by gain.
In particular, for cases involving vulnerable victims, such as those who are elderly or unable to protect themselves due to physical or mental infirmity, significant enhancements of at least 25% of the starting sentence are recommended. This is to recognise the devastating impact that scams have on vulnerable victims.
The Guidelines can be accessed at link.
SENTENCING ADVISORY PANEL
21 AUGUST 2024
[1] Guidelines established by the Panel are meant to guide judges in passing sentences in criminal cases, guide the prosecution and defence in their sentencing submissions, as well as assist accused persons in making decisions in criminal proceedings, and defence counsel in advising their clients. The guidelines are not binding on any court.
[2] These offences came into force on 8 February 2024. More information about the CDSA and CMA amendments can be found at https://www.mha.gov.sg/mediaroom/press-releases/amendments-to-the-corruption-drug-trafficking-and-other-serious-crimes-confiscation-of-benefits-act-and-the-computer-misuse-act/.