Without Prejudice in Criminal Proceedings is a term that often causes confusion. In Singapore, the phrase “without prejudice” is well-established in civil disputes — it protects settlement discussions so that parties can negotiate freely without their words later being used against them. But in criminal cases, the same protection does not apply automatically, and that makes all the difference for anyone facing charges.
What “Without Prejudice” Means in Civil Law
In civil matters, Section 23 of the Evidence Act 1893 (Cap. 97, 2020 Rev Ed) provides that admissions made on the condition they cannot be used in court are generally inadmissible. Singapore courts also adopt the broad approach, meaning the entire communication is protected, not just selected parts. This allows open settlement talks where parties can explore solutions without fear of weakening their case.
The Position in Criminal Cases
Criminal proceedings are different. There is no statutory rule that guarantees “without prejudice” protection in criminal contexts. For instance:
- Representations to the AGC: When lawyers write to the Attorney-General’s Chambers (AGC) to seek reduced charges or alternative outcomes, these are often treated as confidential, but they are not legally guaranteed the same privilege as in civil disputes.
- Admissions and relevant facts: If a communication includes an admission of guilt or information crucial to the case, the court may still allow it to be used in the interest of fairness or public policy.
Court’s Approach
Recent decisions such as CSO v CSP [2023] SGHC 24 reaffirm the strong protection of “without prejudice” in civil cases. However, there is no corresponding authority that extends this privilege to criminal law. Judges retain wide discretion, and in criminal proceedings, due process and public interest usually take priority over keeping negotiations private.
Why It Matters for the Accused
For anyone facing charges, this distinction is critical. Labeling a statement as “without prejudice” during discussions with prosecutors does not mean it is automatically protected. A misplaced admission can still harm your defence if the court considers it relevant. This is why it is essential to have a lawyer handle negotiations and communications, ensuring that your rights remain safeguarded throughout the process.
Conclusion
The phrase “Without Prejudice in Criminal Proceedings” may sound like a shield, but under Singapore law, it does not carry the same weight as it does in civil disputes. If you are dealing with a criminal matter, proper legal guidance is the safest way to avoid missteps.
At Adel Law LLC, we assist clients in navigating criminal proceedings, including making representations, negotiating with the prosecution, and protecting your rights at every stage. Contact us today to understand your options and take informed steps forward.
