Media Release: State Courts Workplan 2017 “Advancing Justice: Expanding the Possibilities”

1 The Honourable the Chief Justice Sundaresh Menon delivered the Keynote Address for the State Courts Workplan 2017 at the State Courts Auditorium this morning.

2 The theme of the Workplan was “Advancing Justice: Expanding the Possibilities”, encapsulating the State Courts’ continuous quest to provide the public with meaningful access to justice by constantly improving, innovating and evolving their court initiatives and programmes. In his address, His Honour noted that the State Courts had over the years sought to introduce a wide range of initiatives to promote access to justice for all who need to seek legal redress, and three of the drivers that underpin the initiatives are:

(A) Providing affordable, accessible and effective court processes;
(B) Collaborating with stakeholders to improve substantive outcomes; and
(C) Supporting litigants and improving service excellence. 

3 The initiatives that the State Courts will be introducing in 2017 are borne out of these drivers. The key initiatives are: 

(A) Driver: Providing affordable, accessible and effective court processes

(i) Online Dispute Resolution Platform for Motor Accident Claims
- Providing an online system for parties to resolve their disputes quickly, more efficiently and at lower cost, without having to meet physically, through an Outcome Simulator, e-Settlement Platform and Online Mediation

(ii) Court-annexed Alternative Dispute Resolution Programme
- Providing specialised court-annexed alternative dispute resolution (ADR) training to enhance the skills of ADR practitioners, to enrich the ADR eco-system and reinforce Singapore’s status as a dispute resolution hub Page 2

(iii) Short Mediation and Hearing in the Small Claims Tribunals (SCT)
- Providing a fast track for factually simple SCT cases with no complex legal issues, so that such cases can be resolved expeditiously by reducing the number of court attendances for these cases to just a single one, where possible

(B) Driver: Collaborating with stakeholders to improve substantive outcomes

(iv) Victim Assistance Scheme
- Offering assistance to victims of criminal assault who have not been compensated by the offender, to reduce some of the financial burdens that the victims may suffer

(v) On-site Psychological Services
- Adopting a multi-disciplinary and problem-solving approach to resolving cases that involve litigants with underlying psychological issues by providing on-site psychological services to those who may benefit from a psychological assessment

(vi) Sentencing Conference 2017
- Providing a neutral forum for judges, prosecutors, counsel and other stakeholders in the criminal justice system to share ideas and discuss issues relevant to sentencing

(vii) Improving court volunteer engagement and recognition
- Offering training for court volunteers, fostering their continued interest in volunteering, and providing a dedicated portal for deeper engagement with court volunteers

(C) Driver: Supporting litigants and improving service excellence

(viii) Guidebook for Accused-in-Person
- Giving accused-in-person and their family members critical information about court procedures and processes

(ix) Real-time payment of fines and fees using hand-held devices
- Enabling payment of court fines and fees via the mobile platform

(x) State Courts Conversation 2020
- Engaging internal and external stakeholders to review and refresh the State Courts’ values and strategies for providing effective access to justice 

Issued by: State Courts, Singapore
Date: 17 March 2017 

Enclosed:
(i) Keynote Address by The Honourable the Chief Justice Sundaresh Menon for the State Courts’ Workplan 2017

(ii) Factsheets on the key initiatives

(iii) Translation of key terms

For further information or clarification, please contact:
(i) Ms Michelle Chiang, Assistant Director, Communications Directorate
Tel: 6435 5179 / 9722 6139
Email: michelle_chiang@statecourts.gov.sg

(ii) Ms Cheryl Ho, Senior Executive, Communications Directorate
Tel: 6435 5498 / 9722 6139
Email: cheryl_ho@statecourts.gov.sg 

Factsheet on the Key Initiatives

(A) DRIVER: PROVIDING AFFORDABLE, ACCESSIBLE AND EFFECTIVE COURT PROCESSES

(i) Online Dispute Resolution Platform for Motor Accident Claims
1 The Online Dispute Resolution (ODR) platform harnesses the benefits of technology to allow parties to resolve their disputes quickly, more efficiently and at lower cost, without having to meet physically. This initiative is part of the “Courts of the Future” project, announced by The Honourable the Chief Justice Sundaresh Menon during the Opening of Legal Year 2017, to leverage technological capabilities that will support the strategic direction of the Singapore Judiciary and meet the future needs of court users over a 5- to- 10-year time horizon.

To be piloted for motor accident claims
2 For a start, the ODR platform will be developed for motor accident claims because these cases account for about one-third of all civil writs filed in the State Courts annually. In addition, alternative dispute resolution (ADR) has proven to be an extremely effective means for resolving motor accident claims over the years. After ADR was mandated for motor accident claims in 2010, on average, about 92% of the motor accident claims referred for ADR at the State Courts Centre for Dispute Resolution were settled annually.

3 The ODR platform comprises three components – the Outcome Simulator, e-Settlement Platform, and Online Mediation – which will be rolled out in two phases.

Phase 1: Outcome Simulator
4 The Outcome Simulator generates possible outcomes using algorithms appropriate for the parameters and data provided by the parties. The likely outcomes will be derived using logicbased rules from information and data recorded in the Electronic Motor Accident Guide and the third edition of the Practitioners’ Library: Assessment of Damages – Personal Injuries and Fatal Accidents, which were both launched by the Chief Justice on 22 February 2017, as well as from precedent cases and historical data.

5 Users will be guided through a Q&A format to arrive at the possible liability outcome(s) in their cases. Having been apprised of the likely outcomes, they will then be able to engage in more meaningful settlement discussions, and be better placed to decide on the best course of action they should take.

6 The Outcome Simulator is targeted to be ready in the first quarter of 2019.

Phase 2: e-Settlement Platform and Online Mediation
7 The e-Settlement Platform will entail an online exchange of settlement proposals by the parties, with the system recommending a settlement amount, based on the information provided by the parties as well as the results generated by the Outcome Simulator. Online mediation, on the other hand, contemplates online judge-facilitated negotiations for more complex cases which parties are unable to resolve on their own.

8 The e-Settlement Platform and Online Mediation are expected to be completed by end-2019

(ii) Court-annexed Alternative Dispute Resolution Programme

1 Court-annexed alternative dispute resolution (ADR) refers to the suite of ADR processes offered by the State Courts that are tailored to the needs of the different types of disputes that are brought before the State Courts Centre for Dispute Resolution (SCCDR). These court dispute resolution sessions are conducted by the judges, court administrators and volunteer mediators appointed by the Court to assist litigants to resolve their disputes amicably without the need for trial.

2 Since court-annexed ADR was first piloted in 1994 for selected civil cases, the State Courts’ distinct and unique brand of ADR has evolved and grown. To raise the local and international profile of and to institutionalise the State Courts’ unique brand of court-annexed dispute resolution/mediation practices, a specialised team from the SCCDR will provide courtannexed ADR training to the judges, court administrators, volunteer mediators and others, such as lawyers and interested foreign judiciaries. It is also hoped that this effort would enrich the ADR eco-system and reinforce Singapore’s status as a dispute resolution hub.

3 A two-day course for judges with an interest to learn court annexed judge-led ADR will be held in the fourth quarter of 2017.

4 Where appropriate, the State Courts will explore partnerships with the Singapore Judicial College, Civil Service College, Singapore Mediation Centre and other relevant institutions to conduct a variety of court ADR programmes both locally and internationally.

5 In the longer term, the State Courts may consider the provision of structured consultancy services to advise interested foreign judiciaries on the implementation or enhancement of court-annexed ADR infrastructure and capabilities.

(iii) Short Mediation and Hearing in the Small Claims Tribunals (SCT) 

1 The Short Mediation and Hearing (SMAH) process fast tracks factually simple SCT cases with no complex legal issues, so that such cases can be resolved expeditiously by reducing the number of court attendances for these cases to just a single one, if possible.

2 Currently, it takes as many as three or four court attendances from the time a case is filed at the SCT before it will be brought to a final conclusion. There is no avenue to differentiate cases and allow simple cases to be fast-tracked.

3 With the SMAH process in place, once a case is filed, it will be screened and where suitable, placed on an expedited track. The parties will then go before a Duty Assistant Registrar (“Duty AR”) who will make the necessary directions and, where appropriate, direct the matter to a short mediation. Should the matter be settled at the mediation session, a consent order will be recorded before the Duty AR.

4 If the parties are unable to settle but are ready to proceed for hearing, the Duty AR will arrange for the case to be heard by a Referee on the same day, or at the very latest, within 24 hours. Thus, in a typical SMAH case, the parties should be able to either settle or have their matter heard and adjudicated on the same day.

5 Parties whose cases come under the SMAH process will no longer need to prepare a summary for hearing. It will also minimise the number of court sessions they have to attend.

6 Besides benefitting the parties, the SCT’s resources can be better managed as more resources can be allocated to managing the more complex cases while the straightforward ones are dealt with quickly, resulting in shorter waiting times for parties and more cases dealt with by the SCT.

7 The SMAH draws its inspiration from a similar programme introduced by the Victorian Civil and Administrative Tribunals in Australia. It is expected to be implemented in the third quarter of 2017. 

(B) DRIVER: COLLABORATING WITH STAKEHOLDERS TO IMPROVE SUBSTANTIVE OUTCOMES

(iv) Victim Assistance Scheme

1 The Victim Assistance Scheme (VAS) offers assistance to victims of criminal assault who have not been compensated by the offender, to reduce some of the financial burdens that the victims may suffer.

2 Under the VAS, after the offender is sentenced by the Court, and where there is no compensation order made by the Court, or the offender is unable to make compensation, the victims can seek reimbursement of their medical fees incurred as a result of the physical injuries sustained from the assault.

3 The maximum amount of a victim’s claim for compensation of the medical fees is $1,000, even if the victim may have incurred medical expenses above $1,000. There are other criteria to be met:

• The applicant is a victim of assault where the accused is convicted of an offence under s.323 or s.324 the Penal Code.
• The accused
  - has not made any voluntary compensation to the victim prior to sentencing or no compensation order is made by the Court; or
  
  - is unable to make payment pursuant to the compensation order under s.359 of the Criminal Procedure Code, and has served the default imprisonment term in full.
• The claim is for medical fees incurred in Singapore as a result of physical injuries sustained from the offence. 
• The offence was committed in Singapore. 
• Original medical receipts are provided. 

4 The VAS will pilot for one year from April 2017 and will be administered by the Community Justice Centre. Suitable victims of assault will be referred by the Courts to apply for the VAS with the Community Justice Centre.  

(v) On-site Psychological Services

1 The State Courts’ Community Justice and Tribunals Division (CJTD), which handles community justice cases such as harassment, neighbour disputes and small claims, will adopt a multi-disciplinary and problem-solving approach to resolving cases that involve litigants with underlying psychological issues by providing on-site psychological services to those who may benefit from a psychological assessment.

2 From its experience in handling community justice cases, the CJTD has noted that a number of litigants in such cases exhibit signs suggesting that they may be suffering from psychiatric illnesses or personality disorders. These might have a direct causal link to the commission of their offending acts. Thus, until and unless these underlying illnesses or disorders are addressed, it may be difficult to resolve the ongoing disputes. Even if the Court makes an order against the offending party, securing compliance may be difficult if the litigant is suffering from an untreated illness or disorder.

3 Unlike the Criminal Procedure Code, the Protection from Harassment Act and the Community Disputes Resolution Act do not empower the Court to remand these litigants at the Institute of Mental Health (IMH) for psychiatric assessment and treatment. What the Court can do, however, is to order the litigants to undergo counselling, and to give the necessary directions for carrying into effect such counselling orders. For any counselling order to be meaningful and effective, it is necessary for any underlying illness or disorder to be diagnosed and addressed.

4 The CJTD, together with IMH, embarked on a nine-month pilot project in July 2016 to have the on-site psychological services at CJTD’s premises. An IMH doctor will be available one morning a week to see litigants referred by the Courts for consultation and assessment. The on-site services are free but if the litigants are subsequently referred to the IMH for further treatment, they will pay for the IMH treatment, at subsidised rates.

5 When the pilot phase ends on 31 March 2017, the initiative will be officially implemented once the budgetary approval and related processes have been completed. 

(vi) Sentencing Conference 2017

1 First organised in October 2014, the second run of the Sentencing Conference will be held on 26 and 27 October 2017 at the Supreme Court Auditorium.

2 The Sentencing Conference will provide a neutral forum for judges, prosecutors, counsel and other stakeholders in the criminal justice system to share ideas and discuss issues relevant to sentencing. For this instalment, some of the topics that are expected to be discussed include:

• the reintegration of offenders into society
• the importance of consistency in sentencing
• community-based sentences
• considerations that affect the sentencing of offenders with mental disorders

3 The Sentencing Conference 2017 will be co-organised with the Singapore Academy of Law. Further details of the Conference will be available from July 2017.

(vii) Improving court volunteer engagement and recognition

1 The State Courts Centre for Dispute Resolution (SCCDR) is supported by some 84 volunteer mediators, comprising lawyers, non-lawyers and Justices of the Peace. These volunteers mediate civil, community and criminal disputes at the SCCDR.

Initiatives to enhance the volunteer mediators scheme
2 Volunteer mediators are indispensable to the smooth running of the SCCDR. To keep them engaged, the SCCDR will be implementing various initiatives to enhance the volunteer mediators scheme. The initiatives include:

• Exploring the viability of being a registered service provider with the Singapore International Mediation Institute (SIMI), to enable volunteer mediators to advance their SIMI accreditation through mediating SCCDR cases. 
• Exploring the creation of a higher tier of mediators for outstanding volunteer mediators, who will be accorded a different title to differentiate them from the rest, and placing them on a special panel to co-mediate selected complex cases with a judicial officer from the SCCDR.  

3 To foster continued interest in volunteering their services, the State Courts will also broaden the range of cases which volunteer mediators are assigned and offer specialised training programmes for them. 

Court Volunteers’ Portal
4 Besides the volunteer mediators assisting the SCCDR, there are other volunteers serving the State Courts, including volunteer mediators and referees assisting at the Small Claims Tribunals. To reach out to all the court volunteers and to foster a sense of belonging among them, a dedicated portal will be developed on the State Courts website to update the court volunteers on matters that are relevant to them, e.g. upcoming volunteer events, reference materials, etc. The Court Volunteers’ Portal is expected to be ready by the fourth quarter of 2017.

(C) DRIVER: SUPPORTING LITIGANTS AND IMPROVING SERVICE EXCELLENCE

(viii) Guidebook for Accused-in-Person 

1 To help accused persons who may not have a rudimentary understanding of how to conduct his case, the State Courts will produce a Guidebook for Accused-in-Person (“GAP”) in collaboration with the Community Justice Centre.

2 The GAP complements the existing resources produced by the State Courts that give accused-in-person and their family members critical information on matters such as the first court mention and bail. It consolidates all of this information and provides additional information on a comprehensive list of topics such as mentions, pre-trial conferences, trial, sentencing, the appeal process, and legal aid, in an easy-to-understand and comprehensible manner.

3 The GAP is expected to be available in the second half of 2017.

(ix) Real-time payment of fines and fees using hand-held devices

1 In July 2016, the State Courts rolled out the Automated Collection System (ACS) kiosks for the convenience of court users who need to pay their court bail, fines and fees. The self-service kiosks accept payments in a variety of modes such as cash, cheques, NETS, and credit and debit cards. 

2 To bring further seamless service to court users, court fine instalments can be paid via the Justice@State Courts mobile app through a link with the service provider, AXS. With this mobile payment platform, which will be implemented in April 2017, court users will not need to visit the State Courts to pay their court fine instalments. By the end of 2018, they will also be able to pay court fines and fees using the app.

(x) State Courts Conversation 2020

1 The State Courts are slated to move into the new State Courts Towers in 2020. The completion of the new Towers signals a new chapter for the State Courts and offers the opportunity to renew their commitment towards providing effective access to justice for all.

2 In 2017, the State Courts will initiate the State Courts Conversation 2020 to obtain insights into how their staff and stakeholders in the justice eco-system perceive the State Courts’ mission, vision and values, as well as the value proposition offered by the State Courts, against the larger landscape of the justice system.

3 Focus group discussions for State Courts staff will be held to elicit their views on the State Courts that they would like to work in 2020 and beyond. These discussions will cover their desired workplace culture, as well as how they envision delivering justice to court users. There will also be dialogues with the various stakeholder groups such as court users, lawyers and prosecutors to better understand their concerns and expectations of the State Courts. In addition, interviews with senior leaders from the public and private sectors will be conducted to seek their views on the future of the State Courts.

4 The perspectives gathered from the State Courts Conversation 2020 will help shape the State Courts’ future delivery of services, as well as how they can better collaborate with their key stakeholders. Besides the discussions and interviews, the State Courts will conduct environmental scanning, business analysis and design thinking to review and refresh their values and strategies for providing effective access to justice.