New Sentencing Regimes Implemented to Protect Public from Serious Violent or Sexual Offences and Recalcitrant Offenders

On 28 July 2026, the Ministry of Home Affairs (“MHA“) announced the commencement of the new Sentence for Enhanced Public Protection (“SEPP“) and Sentence for Public Protection (“SPP“) regimes from 31 July 2026 (“Commencement Date“), applicable to offences committed on or after that date.

The commencement forms part of the final phase of the operationalisation of the Criminal Procedure (Miscellaneous Amendments) Act 2024 (“Act“), which was passed in Parliament on 5 February 2024, and which has been operationalised in various phases. For more information, please refer to our January 2024 NewsBytes article titled “Bill Passed to Amend Criminal Procedure Code by Introducing Sentence for Enhanced Public Protection, Modifying Criminal Case Disclosure Regime“.

SEPP

1. Serious violent or sexual offences: The SEPP is intended to better protect the public from serious violent or sexual offences. It will apply to an offender who:

• • is convicted of an offence specified in the Seventh Schedule of the Criminal Procedure Code 2010, committed on or after the Commencement Date;
  • is aged 21 or above at the time the offence was committed; and
  • either: (i) poses a substantial threat of causing serious physical or sexual harm to any other person; or (ii) was previously convicted of two or more Seventh Schedule offences since the offender reached the age of 16 for which the offender has been punished for each relevant offence with at least two years’ imprisonment, Corrective Training (“CT“), Preventive Detention (“PD“), the SPP or the SEPP.

2. Public protection: If the circumstances above are present, and the sentencing court is satisfied that the SEPP is in the interests of protecting the public, the court must impose the SEPP on the offender (instead of any sentence of imprisonment or of imprisonment and a fine), unless it has special reasons for not doing so (e.g. the SEPP would be gravely disproportionate in all the circumstances, or a lesser sentence will adequately fulfil the aim of protecting the public).
   
   
3. Detention period:

• • Minimum detention period: Under the SEPP, an offender must be detained for a minimum period of between five and 20 years.
  • Suitable for release: Thereafter, the offender may only be released if considered by the Minister for Home Affairs (“Minister“) to be suitable for release. If considered suitable, the offender may be released on licence and subject to certain conditions. Thereafter, the offender may be unconditionally discharged, if appropriate.
  • Unsuitable for release: However, if the offender is considered unsuitable for release, the offender must continue to be detained until found suitable for release. The offender’s suitability for release will continue to be considered at intervals not exceeding 12 months each.

4. Safeguards:

• • Pre-SEPP report: Before imposing the SEPP, the court must or may (as applicable) call for and consider: (i) a report submitted by a psychiatrist on the offender’s risk of causing serious physical or sexual harm to any other person (“Initial Report“); and (ii) any report submitted by the offender or the offender’s advocate on such risk.
  • Suitability for release review: There will be regular reviews to assess the offender’s suitability for release. Among other things, a Release on Licence Review Board (“Board“) will be provided with the Initial Report, a further psychiatrist report for facilitating the review of whether the release on licence should be granted, and any representations made by the offender. The Board will then make recommendations to the Minister, who will consider if the offender is suitable for release. As mentioned above, if considered unsuitable for release, the offender’s suitability for release will continue to be considered annually.
  • Regular reviews – unconditional release: Once released on licence, there will be regular reviews to consider whether the offender should be unconditionally released. The SEPP expires if the offender is so released.

SPP

1. Recalcitrant offenders: The SPP, which replaces the existing CT and PD regimes, is aimed at recalcitrant offenders, including offenders who:

• • (i) are convicted of an offence punishable with imprisonment for two years or more, committed on or after the Commencement Date; (ii) are aged 21 or above at the time the offence was committed; and (iii) have been convicted in Singapore or elsewhere at least twice since they reached 16 years of age of offences punishable with imprisonment for two years or more; or
  • (i) are convicted at one trial of three or more distinct offences punishable with imprisonment for two years or more, committed on or after the Commencement Date; (ii) are aged 21 or above at the time the offences were committed; and (iii) have been convicted and sentenced in Singapore or elsewhere for at least one month since they reached 16 years of age for an offence punishable with imprisonment for two years or more.

2. Public protection: If the circumstances above are present, and the sentencing court is satisfied that it is in the interests of protecting the public that the offender should be detained in custody for a substantial period, followed by a period of supervision if released before the expiry of the sentence, the court must impose the SPP on the offender (instead of any sentence of imprisonment or of imprisonment and a fine), unless it has special reasons for not doing so.
   
   
3. Detention period: The court must impose the SPP for a period of between five and 20 years. An offender may be released on licence by the Minister after serving two-thirds of the sentence and must be released after serving the full sentence term.
   
   
4. Safeguards: Before imposing the SPP, the court must call for and consider a report submitted by the Commissioner of Prisons on the offender’s physical and mental condition and suitability for such a sentence.

Click on the following links for more information:

• MHA Press Release titled “New sentencing regimes to better protect the public from serious violent and sexual offenders or repeat offenders under the Criminal Procedure (Miscellaneous Amendments) Act 2024” and  “Annex – Details of the SEPP and SPP regimes” (available on the MHA website at www.mha.gov.sg) 

If you have any queries on the above, please reach out to our team set out on this page.

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