Making this the first option will help reduce the magistrate's case load
THE next time a resident complains to the police about how his neighbour is making a ruckus or dirtying the corridor, the police may well refer the parties for mediation.
Proposed changes to the Criminal Procedure Code, which will be tabled for discussion in next February's Budget debate, will empower the police to refer such cases to the Community Mediation Centres (CMC) before the parties turn up before a magistrate with their complaints, which is now the main recourse. Their refusal to go for mediation may result in the magistrate dismissing their complaints.
Under the tabled Criminal Procedure Code Bill, the police will also be given greater latitude to shoot to kill suspects whom they believe to be terrorists.
The Bill, which deals with changes to court procedures and the powers of law enforcement agencies, will also enable the police to seize cash in a suspect's bank account or safe deposit box without the need for a bank order.
Currently, neighbours with quarrels may go before a magistrate, who will usually recommend mediation.
Making mediation the first option would reduce magistrate's case load and allow matters to be settled amicably, said lawyer Christopher Bridges.
Figures from the Subordinate Courts show that the number of magistrate's complaints involving neighbourly quarrels increased from 2,367 in 2004 to 3,716 last year - a 56 per cent jump.
A magistrate's complaint can be filed by a person who wishes to seek redress for an offence that he believes has been committed against him.
At the CMC, over half of the 539 cases handled last year involved neighbours.
Often, settling the matter amicably is not what complainants want.
'They want to shame the other party in an open court, not in some closed-door mediation session,' said Mr Bridges.
'It just shows how some people get caught up by what they see on television.'
Mediation makes sense as many disputes between neighbours and family members are minor, even if they involve some pushing and shoving, according to criminal lawyer Peter Fernando.
He said that police officers currently advise a person to file a magistrate's complaint only after they have consulted the Attorney-General's Chambers (AGC). Even with the proposed changes, they are likely to check with prosecutors if mediation should be the first option, he said.
Police would also be given wider latitude to shoot to kill in terrorist-related incidents. Currently, an officer can use lethal force in self-defence or to save a victim from certain death. The change means he can shoot if there is a reasonable belief that the suspect is a terrorist.
Mr Fernando said: 'It's very specific and is solely confined to acts of terrorism and not to crimes under the Penal Code.'
Graphic designer Steve Teoh, 33, is also for the change but hopes the police do not become 'trigger-happy'.
On their new powers to seize suspects' possessions, he said: 'If it turns out to be an error, the property is returned. A little inconvenience is a small price to make sure crime does not pay.'