What Does It Mean When Some Of My Criminal Charges Are “Taken Into Consideration” in Singapore?

What Does It Mean When Some Of My Criminal Charges Are “Taken Into Consideration” in Singapore?

What Are Charges That Are “Taken Into Consideration”?

One way of thinking about “Taken Into Consideration” (“TIC”) charges is to think of these charges as unresolved charges which are taken into account in addition to the primary criminal charges that an accused person faces. These charges, which may be unrelated to the primary charges, are taken into account to provide a comprehensive understanding of an offender's criminal behaviour.

After an accused person is convicted in a Singapore Court for the primary charges, the prosecution will update the Court of these TIC charges for the Court to take into consideration for the purpose of sentencing.

Essentially, when an accused person agrees to TIC charges, he is admitting to the offences in the charges without being legally convicted for these charges. However, it should be noted while there is no conviction for TIC charges (and no criminal record for these TIC charges), TIC charges can carry weight during the sentencing process.

Example of TIC Charge

Take for example an incident where an accused person goes up to a stationary vehicle and punches driver and subsequently hits and breaks off the side-view mirror of the vehicle.

A permutation of charges that could occur would be that the accused person would face 1 count of Voluntarily Causing Hurt under Section 323 of the Penal Code for punching the driver and 1 count of Mischief under Section 426 of the Penal Code for breaking the vehicle’s side-view mirror.

In such a situation, the prosecution may choose to proceed only on the Voluntarily Causing Hurt charge and having the charge of Mischief be taken into consideration for the purpose of sentencing. In this case, you will only be convicted and sentenced on 1 charge of Voluntarily Causing Hurt while the other charge of Mischief will be considered by the Court for the sentencing.

Should You Agree To Having Charges “Taken Into Consideration” If You Are Pleading Guilty?

Generally, representations are made to the Prosecution as part of a plea-bargaining process. Usually, if you engage a lawyer to represent you, these representations will be sent to the Prosecution in writing.

It is quite a common request to negotiate the count of charges when there are multiple charges and to try to persuade the Prosecution to proceed on less charges and to TIC the remaining charges.

Having charges TIC may possibly result in a lower global sentence. While a TIC charge may increase the overall sentence, it is still likely to be lower than if the Prosecution had proceeded on all the charges against the accused party.

However, it is not necessarily a given that you will definitely want to agree to have charges TIC as there may be other factors to take into consideration. It is important to note that agreeing to TIC charges means that you are admitting to the offences in those charges, even though you will not be legally convicted for them.

However, as mentioned earlier, in situations where the accused is facing multiple charges and most likely intends to plead guilty, it will likely be to the accused party’s benefit if more charges are TIC.

Common Arguments Used To Request For Charges To Be “Taken Into Consideration”

  1. The accused party faces multiple similar offences.
  2. The accused party faces multiple charges which are punishable with caning. In such situations, the number of strokes may be excessive if all the charges are proceeded on.
  3. The accused party faces a large number of charges, and this number should be whittled down to a more reasonable number.

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Filed under: Criminal Defence
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