Sentencing Consistency following Issuance of Singapore Medical Council Sentencing Guidelines

Mr Yip Hon Weng asked the Coordinating Minister for Social Policies and Minister for Health (a) how does the Ministry monitor sentencing disparities and ensure outcomes are fair, proportionate, and consistent since the Singapore Medical Council (SMC) Sentencing Guidelines were issued in 2020; and (b) what is the Ministry's assessment of the effectiveness of the post-2019 reforms of SMC disciplinary process in promoting transparency and predictability, especially given recent public perceptions of disproportionate penalties for misconduct.

The post-2019 changes to the Singapore Medical Council (SMC) disciplinary process were effected through amendments to the Medical Registration Act 1997 on 1 July 2022. Following the changes, the Minister for Health appoints an independent Disciplinary Commission (DC) to convene Disciplinary Tribunals (DTs). DC also oversees the processes of DTs and training of the DT members on legal concepts, such as the rules of natural justice and due process, sentencing principles and proportionate sentencing.

DT members draw on their relevant professional expertise and come to an autonomous decision, while remaining within the guidance provided by the SMC Sentencing Guidelines, case precedents and appeal judgements by the Court of Three Judges (C3J). This compliance with sentencing benchmarks and the appeal judgements of C3J ensure that decisions made are consistent, fair and proportionate to the offences disclosed, and take relevant mitigating circumstances into consideration.

These changes have provided greater transparency and predictability in disciplinary processes and outcomes. This includes the establishment of an Inquiry Committee to first assess whether there is any substantive merit to the complaints made and a time-bar for incidents that happened more than six years from the complainant's knowledge of the incident. The time given to the Complaints Committee and DT to make their respective decisions is further prescribed in the legislation so that disciplinary cases can be closed expediently.