Notaries Public. Commissioners for Oaths
Civil law is an area of law that deals with private disputes between individuals, organisations, or entities where one party makes claims against another party for damages (monetary compensation) or an order of court directing a party to do or refrain from doing a particular act, which does not involve the state.
These matters do not involve the state and are distinct from criminal law. Civil cases do not attract criminal penalties such as fines or imprisonment. Examples of civil law cases are:
Criminal law is an area of law that deals with crimes and offences that are prosecuted by the state against individuals. The state—as represented by the public prosecutor, deputy public prosecutor or police prosecutor—prosecutes individual persons for criminal offences. If convicted, these accused persons could be punished by way of fines, imprisonment, caning, or even the death penalty. These are meted out to deter offences, to rehabilitate offenders, to protect the public from crime, and for retribution to ensure that justice is done.
Examples of criminal law cases include cases of:
There are fundamental ways in which civil and criminal law differ in Singapore, from who initiates the case to the types of court orders available.
In civil law, the case is brought by a private individual or entity against another party. In contrast, criminal law cases involve the state taking legal action against the individual who is alleged to have committed a criminal offence.
In civil cases, both the claimant and the defendant engage and pay for their own lawyers (also known as advocates and solicitors) to sue and defend the action. In criminal cases, since the public prosecutor is the one who is representing the state, the public prosecutor may utilise or rely on state resources (such as taxpayer dollars and state organs such as the police) to prosecute the case.
Civil law aims to resolve disputes between individuals and compensate a party that has suffered harm due to another’s actions. On the other hand, criminal law aims to protect society by deterring and punishing behaviour that is harmful, dangerous, or undesirable.
In civil law disputes, a defendant who successfully defends the action will typically be awarded costs against the claimant. However, in criminal law cases, an accused person who successfully defends against the case will typically not be awarded costs against the public prosecutor / the state.
In civil law cases, the standard of proof is on a balance of probabilities only, whereas in criminal law cases, the standard of proof is beyond a reasonable doubt.
In civil law cases, the court is empowered to order a party to:
For criminal law cases, if the accused is found guilty, the court may impose:
To start a civil lawsuit, a claimant typically first engages a lawyer from a law firm – such as one from HOH Law Corporation – to draft an Originating Application, Originating Claim, and/or a Statement of Claim. These documents are then served on the defendant.
Upon receipt of the court documents, the defendant must enter an appearance (notify the court of the notice of intention to contest) and file a Defence to resist the claim. If they fail to do so, the claimant may obtain a default judgement against the defendant. A defendant may also file a counterclaim if they wish to sue the claimant in return.
After pleadings are concluded, parties may also file interlocutory applications, which are requests made to the court for orders or directions before the trial begins. These may include:
Parties present their evidence to the Court by way of affidavits of evidence-in-chief, which are written statements sworn or affirmed before a Commissioner for Oaths or Notary Public. Parties must be entirely truthful and accurate in these documents. At trial, parties will be cross-examined on the evidence that they had given, and the judge will accord the appropriate weight to the testimony and evidence from both sides.
After the trial or case is concluded, the judge orders the defendant to pay damages by way of a judgement or an order of court. If the defendant refuses to pay, the claimant may take out enforcement proceedings to enforce the judgement or order of court. This can be by way of:
Criminal proceedings begin when the accused is formally charged, usually via a charge sheet issued by the Public Prosecutor or Singapore police. This document sets out the nature and particulars of the offence.
After being charged, the accused must state whether they intend to plead guilty or claim trial at a mentions hearing. If they choose to plead not guilty, they may later mount a defence at trial.
Pending trial, the accused may be released on bail. This depends on whether the offence is bailable and other circumstances, such as the seriousness of the offence and whether the accused is able to furnish a bond.
Accused persons typically also engage criminal lawyers in Singapore to submit written representations to the public prosecutor to plead or persuade the public prosecutor to consider extending leniency to the accused person.
Outcomes in a criminal trial may include:
If an accused is found guilty of a criminal offence, the case proceeds to the sentencing stage, where the defence counsel will make submissions to seek to mitigate the potential sentence that may be levied.
Whether you are involved in a civil dispute i.e. you wish to issue a letter of demand or sue a person or company, or if you receive a letter of demand or are being sued by someone; OR are involved in a criminal case i.e. the police or the public prosecutor is investigating or has charged you for a criminal offence; it is important to understand your legal rights and responsibilities under Singapore law.
If you require legal guidance or representation, you can reach out to our civil or criminal lawyers in Singapore for professional advice and support.
While claimants, defendants, or accused persons are permitted to represent themselves in any civil or criminal court proceeding in Singapore (pro se litigant / litigants-in-person), it is generally wise to engage a lawyer. They can better advise you on your legal rights and responsibilities, guide you through procedures, and help you navigate the complexities of the legal system to achieve the best possible outcome.
Yes, civil cases can be settled out of court in Singapore. This is typically achieved through negotiation, mediation, Court Dispute Resolution (CDR), or neutral evaluation, which our lawyers at HOH Law Corporation can guide you through.
Through these processes, parties have a chance of achieving an amicable settlement to their disputes without resorting to acrimonious litigation. Parties typically record their settlement by entering into a settlement agreement, which our lawyers at HOH Law Corporation can draft for you.
If you ignore a civil lawsuit filed against you, the claimant will be able to obtain a default judgement against you (called a judgement in default of notice of intention to contest). This would enable a claimant to win the case without having the substantive merits of the case being argued.
Therefore, it is advisable to approach and engage a lawyer as soon as you receive a letter of demand or court documents such as an Originating Application, Originating Claim or a Statement of Claim.
Yes, civil and criminal cases require witnesses. In order to prove your case, irrespective of whether you are a claimant or defendant, you will need to call witnesses (whether yourself or other persons) to give testimony to the Court to establish your case or your defence. Your witnesses will be required to draft and file affidavits or affidavits of evidence-in-chief setting out their testimony, which our lawyers at HOH Law Corporation can assist with.
Disclaimer: Statements in this article are not to be construed as legal advice, and are meant for general information only. The writer and/or Hoh Law Corporation shall not be responsible or liable for any errors, mistakes, or misinterpretation of any statements found herein.
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