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刑罚有不同的目的和作用,它们是:让罪犯补偿社会、复康、重投社会;使罪犯获得报应;阻吓他人;从社会移除害群之马,如监禁。前三者正是社会服务令的目的,它旨在协助罪犯补偿社会,从而改过自新和重投社会怀抱。而在谢霆锋案中,後三者却是很多社会人士所强烈要求的惩罚目的。为了避免日後再有类似的争论发生,社会服务令的重新定位是刻不容缓的。确立社会服务令为短期监禁的代替刑及订立清楚的换算方式,不但会减少争议,也能增加法庭的判刑选择,在扩大运用社区刑罚的同时,也能为上述各种惩罚目的找到更佳的平衡点,这将有助於我们迈向一个富有复和司法的社会。
Sentencing has various objectives and functions, including reparation, rehabilitation, reintegration, retribution, deterrence and removal from society, such as incarceration. Community service orders incorporate the first three functions. They assist offenders to make reparation to society for the crimes they have committed, to turn over a new leaf, and to reintegrate into society. In the case of singer Nicholas Tse, the last three functions were demanded by the community. To avoid similar conflicts in the future, to reposition community service orders is inevitable. There is an urgent need to reiterate community service orders as alternatives to imprisonment, and to establish a clear guideline for conversion between service hours and jail days. This approach would minimise conflicts in society, increase sentencing options and community penalties for the court, strike a balance between different penal goals, and strive for a restorative society.
This paper introduces a restorative justice approach based on four values in strengthening offender management. Restorative justice is a theory of justice that focuses on addressing a crime or a conflict committed by an offender, by involving the victim and related stakeholders. In Singapore, restorative justice is adapted in the management of young offenders, notably in the Youth Court. Globally, restorative justice practices are incorporated in schools, prisons, offender-based institutions and commercial organisations. In 2015, a study looked into the potential of restorative justice in five commercial organisations situated in Singapore. That study analysed the use of values in the development of a compliant work environment. The values described by the leaders were aligned with the values underpinning restorative justice approaches. According to the leaders, a value-based compliance management system provided better outcomes compared with a punitive approach. Based on the outcome of that study, this paper highlights incorporating the values related with restorative justice in the development of a robust offender management framework.