Debated in Parliament on 9 Jan 2023.
Mr Zhulkarnain Abdul Rahim asked the Minister for Home Affairs with regard to sexual offences or violence cases involving young children (a) whether the Sentencing Advisory Panel that has been recently established will be looking into recommendations for the sentencing framework of offenders who are aged 50 years and above; and (b) whether an expanded age limit for judicial caning with appropriate medical requirements will be considered.
The Sentencing Advisory Panel (Panel), chaired by Justice of the Court of Appeal Steven Chong, makes its own decisions on the areas to study and issue guidelines. In considering which areas to study, it takes into account feedback from Panel members, stakeholder agencies, as well as the public.
In any case, the question of whether to make changes to the statutory age limit for caning has been addressed previously. This was during the Second Reading of the Criminal Law (Miscellaneous Amendments) Bill in September 2021, in response to a similar suggestion to remove the age limit for the caning of serious sexual offenders.
The reasons given were: first, the number of men above the age of 50 at the point of arrest for serious offences that attract the punishment of caning, was significantly lower than that of men aged 50 and younger; second, where an offender was not eligible for caning, the Court had the discretion to impose in lieu, an additional imprisonment term of up to 12 months.
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