A Letter of Representation is a written case defence document, sent by the criminal defence lawyer on behalf of one who is accused/charged/or being investigated for an offence, addressed to the prosecution (for example, the Attorney-General’s Chambers) and/or the investigation officer to attempt negotiations/plea bargaining with regard to the charge(s) brought against you.
Letter Of Representation Frequently Asked Questions
In a letter of representation, your criminal defence lawyer assists in putting forth your version of the circumstances surrounding the alleged offence along with arguments as to why the charge should be reduced or dropped. The best-case scenario that may arise is where the prosecution decides to take no further action (NFA) on the charge, which means that the charge will be dropped. There are also instances where the charge is amended to an offence of a lower “severity” or where a stern warning/conditional warning is given in lieu of criminal sanctions.
| Possible Outcomes | ||
| Best & Worst Case Scenario | No Further Action | Charges against you are dropped. |
| Unconditional Stern Warning | Investigations are completed. Though the police/prosecution take the view that you have likely to have committed the offence or have indeed committed the offence, a decision has been made to not pursue this matter further. This means that a second chance has been given to you. It is to be noted that in the event you re-offend, the police/prosecution have the right to take further action and you are unlikely to be given another second chance. | |
| Conditional Stern Warning | This has similar applications as an ‘unconditional stern warning’ which means that the prosecution/police retain the right to prosecute you for this offence or any new offence in the future. The prosecution/police will impose conditions on you during this period, once the conditions have been complied with, a discharge amounting to an acquittal will be granted. | |
| Amended Charges | The prosecution/police may reduce the charge from one that carries a heavier sentence to one that is less severe. | |
| Proceed with Original Charges | The prosecution will proceed with the original charge against you. | |
For e.g., if you are being charged with two (2) charges of outrage of modesty offences (“the 2 OM charges”) and one (1) charge of theft from a supermarket worth $10 (“the shoplifting charge”).
Your criminal defence lawyer, upon understanding your version of events, may be able to explain in a Letter of Representation putting forth what actually happened during the time of the offence(s) you are charged with. In this scenario, it might be the case that you only stole the sandwich and drink in desperation to feed your hungry sibling because of the financial difficulties your family faces. Additionally, you regret your actions and are willing to make full restitution of the stolen sandwich and drink worth $10 from the supermarket.
Your criminal defence lawyer, in a Letter of Representation will assist in informing the prosecution of your circumstances and willingness to make full restitution. In doing so, your criminal defence lawyer will request for the shoplifting charge to be taken into consideration. If a charge is taken into consideration, this will have an effect on sentencing. By taking into consideration the shoplifting charge, the prosecution has the option to proceed with the 2 OM charges or only 1 OM charge and you will be convicted on the proceeded charge with the not proceeded charges taken into consideration for purposes of sentencing.
The charge ultimately determines the course of proceedings that shall follow which would have significant impact on your life and liberty. In addition, future employers may require you to declare any past convictions or subject you to background checks. Given the right circumstances, a Letter of Representation may result in the prosecution/police proceeding on a lesser charge or lead to the charge being withdrawn completely.
It is therefore of worthwhile to commence negotiations / plea bargaining at the soonest instance, be it are pre-court or court stage.
| Example | Original Charge | Amended Charge. |
| Stealing goods in a shopping centre [shoplifting] | Theft in dwelling house, etc under section 380 of the Penal Code punishable with a maximum imprisonment of 7 years, and shall also be liable to fine. | Theft under section 378 of the Penal Code punishable with a maximum imprisonment of 3 years, or with fine, or both. |
| Inflicting bodily harm onto another person | Voluntarily causing grievous hurt under section 322 and 325 of the Penal Code punishable with a maximum imprisonment of 10 years, and with fine or with caning. | Voluntarily causing hurt under section 321 and 323 of the Penal Code punishable with a maximum imprisonment of 2 years, or with fine, or both. |
| Causing the death of another person with the intent to cause death | Murder under section 300 and 302(1) of the Penal Code punishable by death sentence [hanging]. | Culpable homicide under section 299 and 304(a) of the Penal Code punishable with life imprisonment and caning, or a maximum imprisonment of 20 years and caning. |
A Letter of Representation can be sent out after one has been charged in court, asking for the charge(s) to be reduced or for the prosecution to proceed on lesser charges. Alternatively, a Letter of Representation can be sent during the course of investigation in an attempt for a “No Further Action”. This happens before one is charged in court. Therefore, it is advisable to approach a criminal defence lawyer as soon as possible to discuss and explore the viability of writing a Letter of Representation.
There is no limit to the number of Letters of Representation that can be sent. In fact, when new circumstances and evidence arise, further letters should be sent. This is so that your criminal defence lawyer can more convincingly make your case for defence as to why the charge(s) should be withdrawn or reduced.
Our experienced criminal law specialists will be able to assist you in preparing the Letter(s) of Representations, as well as provide you with legal advice on your rights. You may contact us at consult@gjclaw.com.sg for further assistance.
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