- A letter of representation asks the Prosecution to reconsider whether to charge you, or what to charge you with.
- It can be sent during investigations or after you are charged.
- It can ask for no further action, a lesser charge, fewer charges or a warning instead.
- There is no official limit on the number of letters, but success is never guaranteed.
What a letter of representation is
The Attorney-General’s Chambers (AGC) acts as the Public Prosecutor. It decides whether a person is charged, what they are charged with and whether a prosecution continues. A letter of representation is a written request, usually from the accused person’s lawyer, asking the Prosecution to look again at that decision.
It gives your side of the story to the people who decide the charge, before the matter is settled in court.
What it can ask for
Depending on the case, a representation might ask the Prosecution to:
- take no further action, or withdraw a charge
- give a warning instead of prosecuting
- reduce the charge to a less serious one
- proceed on fewer charges, with others taken into consideration for sentencing
- take a particular position on sentence if you plead guilty
When to send one
Representations can be sent while investigations are still going on or after you have been charged in court. Firms suggest they work best early, before the Prosecution’s position becomes fixed, although they can still help later in a case.
There is no official limit on how many letters can be sent. Lawyers often write again when new facts or evidence come to light.
What makes a representation persuasive
A representation should set out the request, the evidence and the reasons behind it. Firms point to gaps between the charge and the evidence, a charge that overstates what happened, genuine mitigating factors such as restitution or a clean record, and the public interest.
You may write to the AGC yourself, but firms recommend getting a lawyer to do it. A careless sentence can amount to an admission, and deciding what to say involves legal judgment.
Possible outcomes
The Prosecution may agree, partly agree, or proceed with the original charges. If a charge is withdrawn, the court may grant a discharge not amounting to an acquittal. This ends the case without a conviction, but the charge could in principle be brought again. A discharge amounting to an acquittal is final.
Representations are advocacy, not a guarantee. Where the evidence is strong and the offence serious, the realistic aim may be a fair charge and a fair sentencing position. This guide is general information only.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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