Post on 25-Jun-2020
transcript
1
State Courts of Singapore
2
Do More Online
Why, What, How?
3
Brief facts about Singapore
About Singapore
• Singapore is a small, young island-nation with no natural resources
• With a population 5.65 million, it is one of the world’s most densely populated countries, with a size of 718 km2, about the size of New York City
Moving to the New State
Courts Towers by 2020
5
6
Digital-savvy population• Mobile penetration rate– 150.8% (2017 – increasing trend
https://www.imda.gov.sg )
• Residential broadband pentration rate – 94.3% (2017 - reliance
on “land-lines” steadily decreasing, https://www.imda.gov.sg)
• Government-led Free Wifi initiative at many public areas including our Hawker Centres
7
Why Go Online?
• A Whole-of-nation journey to harness
ICT, networks and data for the good of
the country
A Common Login ID
• Singpass is a userid/password that allows users to transact with the Government online and is also a ‘digital signature’ for e-filing purposes.
• Makes it easier for the Judiciary to provide e-services as we do not need to develop our own software to authenticate users, and makes it easier for lawyers and the public to access e-services.
8
9
Why Go Online?
10
Why go online?
10
Online hearings promise to increase
Effectiveness: Online hearings can be supported by a variety of online decision-support tools
Accessibility: Physical attendance not required, tools and data to support litigants in person.
Timeliness: Reduce queues & waiting times, reduce waiting times***************************Free up resources/judicial time for cases where online hearing is currently not the preferred option: eg: Community Court cases
Challenges: Developing Processes & the Software
The first rule of any technology used in a
business is that automation applied to an
efficient operation will magnify the
efficiency.
The second is that automation applied to an
inefficient operation will magnify the
inefficiency.
---- Bill Gates
11
How do we develop new systems and processes? Are present procurement rules optimal?
Costs involved in changing (improving) processes mid-stream while the system is being developed
Whether a legal system has the flexibility to have ‘pilot schemes’ to test out new processes before embarking on IT development (Is there a “Rules Committee” you need to clear first?)
Partnerships with Universities to develop new technologies?
The Danger of Overpromising
12
“But the deeper reason that
technology so often disappoints
and betrays us is that it promises
to make easy things that, by
their intrinsic nature, have to be
hard.”
- New York Times, 16 Nov 2018
Not every aspect of a Court hearing can be simplified and automated. The challenge is to figure out what we can do, and how much we can do.
What are we doing “online”?
• Criminal Justice Division
– Using existing features in the Integrated Case Management and Filing System (ICMS) to deal with interlocutory applications.
– Recent legislative amendments to allow for increased use of video-link for criminal cases.
• Community Justice & Tribunals Division
– The Community Justice and Tribunals System (CJTS), a system for e-filing, e-negotiation, e-mediation of Small Claims.
13
14
Criminal Justice Division
14
Integrated Case Management
& Filing System (ICMS)
• A very brief overview of the ICMS
• To explain how ICMS was essential to going “online” for various pre-trial Criminal matters
15
Handling the Criminal Caseload
• 34 Criminal Courts and 38 Judges handle 99% of all of Singapore’s criminal caseload
• Two end-to-end systems handle the criminal caseload:
– ICMS (2014)
– ROMS (2010 – to be integrated in 2019) Criminal
Mentions
Courts
Community
Courts
Traffic
Court
Bail Court
Night
Courts
Coroner’s
Court
Criminal
Justice
Division
• Initiation
• Scheduling
• Processing
• Hearing
• Tracking
• Committal
• Integrated e-filing, e-workflow & e-court hearing system
• Complete end-to-end electronic management of case life cycle
Integrated Case Management & Filing System(ICMS)
•Without ICMS, it would be
hard to think of conducting
“online hearings”
•24/7 availability
•All stakeholders
18
Standardisation for Data Exchange
• Moving from mere data exchange to Cross-domain interoperability
• Cross-domain: Prosecution / Courts / Prisons
• Interoperability: “Virtual” case file/docket that can be “opened” and accessed by different users who have the appropriate access
19
Innovation and Uniqueness
• Real-time Synchronisation
• End-to-End Integration (including the Finance System)
• Data Standardisation
State CourtsProsecution initiates charges
Prisons
Input / reports
Eg. Health Sciences Authority, Institute of Mental Health, Probation Services Branch
Court makes Order
20
Standardisation for Data Exchange
• Standardisation of data format was developed to ensure interoperability for electronic data exchange between the State Courts and agencies
• 113 data elements were defined (e.g. offence codes, case info, sentencing info) and agreed amongst all agencies
21
• Greater control over timing and location of filing: immediate filing from desktop 24/7 without going to the courthouse
Convenience
• Real-time filings, delivery and access into the Courts’ electronic files and case outcomesReal-time Access
• Case info is entered into the system once, and is auto-populated for subsequent use
• Does away with paper files
Time and resource savings
• Auto-generate court orders such as Warrants of Remand and Warrants of ArrestAuto-generate orders
• Orders are entered directly by judges and immediately sent to the Bail Centre, Finance Section for fine payments or to the relevant agencies (e.g. Prisons)
Faster turnaround time
• Facilitates greater accessibility, accuracy, transparency, and efficiency for criminal justice stakeholders
Single Source of Data
Key Benefits
“Going online?”
• Criminal Proceedings by Video-link (all parties need to be present at the same time)
22
• Criminal Proceedings by way of online forms/applications (parties need not be present at the same time).
Video-link Proceedings
23
Video link to various prosecuting agencies
Pre-trial Conferences are conducted with Prosecutors attending by video-link.
Demand by various prosecuting agencies to attend PTCs by video-link will exceed the current system capability of 4 concurrent users.
Lawyers and unrepresented defendants on bail currently attend in person
Defendants in remand will be connected by video-link. They will be able to speak to their lawyer immediately before or after the PTC session using a consultation room next door.
As and when there are cases involving persons in remand, Prisons will connect via-video link
If interpretation is required, interpreters currently have to be physically present in the room, but we are exploring remote interpretation as well.
Video-link Proceedings
• Pre-trial Conference/ Case Disclosure Conferences may be heard via video-link (s.222 CPC)
• Certain other types of Criminal Matters may be heard by video-link such as bail applications.
• This year, the law amended to allow for “pleading guilty” by video link(s.281(3) CPC)
24
Video-link Proceedings
Other ongoing projects in the State Courts may be useful to Video-Link proceedings:
• Development of a Speech Transcription System for automated real-time generation of a record of proceedings.
• Remote interpretation services
25
ICMS: Opportunities for virtual/online hearings
• An Electronic Casefile and Electronic Judge’s Minutes sheets creates opportunities for virtual/online hearings.
• All parties, including Accused persons (whether on bail or in remand), are allowed electronic access to their case files and documents uploaded by the prosecution.
• Login via Singpass.
26
ICMS: Opportunities for virtual/online hearings
• Prosecution/Defence/Accused allowed to file online applications in ICMS
– Drop down options to guide applicant on the nature of the application as well as an “Others” option.
– Supporting documents such as e-mail from the other party can be uploading.
– Application can be dealt with by the PTC Judge “offline” with no need for parties’ attendance.
– Automatic notification via ICMS of the applications outcome (approved/ rejected – with reasons – eg: insufficient supporting document(s) attached)
27
28
ICMS
Applications
“Notification” should be
more informative –
shouldn’t need to click
to find out more.
Any type pre-trial
/interlocutory
application can
be made via
online
applications
(Judge has to
decide whether
parties have to be
heard or whether
matter can be
decided ‘offline’.
29
Tabs can be clicked to review case information
Application is a standard template generated in PDF form
Supporting documents can be uploaded
I can use ICMS to give internal directions (rarely used)
Directions can be given here and parties will be notified
ICMS
Applications
• Many pre-trial matters can be dealt with through ICMS online applications.
• No need for parties to attend a pre-trial conference for such matters, especially if they are uncontested:
– Case adjournments (Parties’ should upload progress updates or provide good reasons for adjournments)
– Criminal Case Disclosure Directions
– Applications to Leave Jurisdiction
– Applications for dates for a guilty plea
30
ICMS
Applications
• Applications can be filed and dealt with during or after office hours.
• Certain types of “fully automated” applications are available which the system will generate the next date.
– Very short adjournments
– Application for dates to plead guilty (with certain restrictions)
31
ICMS
Applications
• Currently, affected parties are notified of the results of ICMS applications (and other changes) only if they log into ICMS.
• System will be enhanced to provide e-mail and phone messaging notifications.
32
ICMS
ApplicationsFuture Enhancements
Expanding Possibilities
• We have various ongoing projects whose deliverables may facilitate an expansion in online hearings.
• A litigant/defendant who goes online may need help beyond what the typical ‘chatbot’ provides (we have a chatbot for general queries)
33
Highlighting 2 projects:Sentencing Information & Research Repository (SIR)Intelligent Case Retrieval System (ICRS)
34
Sentencing Information & Research Repository (SIR)
• ICMS generates a large amount of structured data
• SIR was created to import and store ICMS sentencing data for the purpose of retrieval, display, and analysis.
Sentencing Factors
Offender Sentence
35
Outcomes from all criminal cases (excluding minor regulatory offences) are automatically transferred to the SIR database
36
Users may ‘drill-down’ to obtain more details from the basic graph
37
Detailed case information made publicly available
Challenges
User Issues
• Large quantity of data
• May be confusing to members of the public/ litigants in person
Input Issues
• Easy to transfer structured data –data transfer can be automated
• Unstructured data is more challenging and currently requires manual intervention
38
Text Analytics: Criminal Cases
Researchers/students from the NTU are helping us develop an algorithm to read unstructured data in ICMS such as:
• The indictment/charge
• The prosecution’s Statement of Facts
If we create an algorithm that can understand unstructured data, we can automate the process of data transfer from ICMS into SIR.
39
Text Analytics: Criminal CasesDeveloping an algorithm that can knows how to read charges and other documents related to a criminal case has another use:
• It can act as an interface between a defendant and the sentencing database
• The defendant can upload his charges for the algorithm to read and the algorithm can access the database to pull out sentencing data and statistics that are relevant to his case.
40
Text Analytics for “intelligent
search” : Civil Cases
• Concurrently, the Judiciary is working with a different group of researchers from the same local university have developed an Intelligent Case Retrieval System (ICRS) as an “intelligent search tool” for Road Traffic Accidents and Personal Injury Matters.
• Assists in assessment of damages by intelligently searching for relevant cases and decisions.
• Superior to reference books as the system is continually updated with the latest cases 41
42
Community Justice &
Tribunals Division
42
Community Justice & Tribunals System
Online Filing and Case Management System
Online Dispute Resolution (ODR) Platform
CJTS Features
Automated Processes
E-Assessment
24x7 Access
E-Negotiation / E-Mediation
Online Applications
Secured Platform
Automated Process
• There are automated processes toassist litigants in filing anduploading documents:
• Drop down list of types ofdisputes
• Auto-population of informationfrom the user’s log-on profile
• Auto-population of Pre-filingChecklist information in theClaim Form
• Validation checks
E-Assessment
• Validate that the claim is within theTribunal’s jurisdiction before theclaimant proceeds to file his claim.
• Reduces the number of claims whichare outside of the Tribunal’sjurisdiction, saving time andresources.
• Prompts the claimant to considerissues carefully and seekindependent legal advice.
• Draws the claimant’s attention topotential issues but does not preventthe claimant from filing his claim.
Are you an undischarged
bankrupt?
Is there an arbitration clause
in your agreement?
Have you paid the stamp
duty on the agreement?
Has the credit term or delivery
date passed?
Did the dispute occur more than a
year ago?
Is the Respondent residing in Singapore?
Do you have the Respondent’s
address for service?
Do you have a memorandum of consent to claim
> $10,000?
Pre-filing Questions
50
Pre-Filing Checklist (CDRT)
51
Pre-Filing Checklist (CDRT)
E-Negotiation
• Parties are able to negotiate anamicable settlement withoutrequiring the intervention of a thirdparty.
• E-negotiation system sends, receivesand stores communications betweenparties in a secured platform.
• Prompts parties to consider a win-win solution.
• Upon reaching a settlement, partiesare able to apply for a consent orderonline.
53
eNegotiation
54
eNegotiation
55
eNegotiation – Agreement
56
Online consent order
E-Mediation
• Conducted within a chatroomsetting.
• Displays key information andprovides easy access to keydocuments.
• Customised mediator tools toassist the mediator in the conductof the mediation.
• Option given to mediator tocommunicate with one partyprivately.
58
eMediation – Mediation Guide
Online Applications
• Parties are able to e-servedocuments through CJTS.
• Applications (e.g. Amendment ofClaim, Change of Dates,Submissions for Hearing, SettingAside, Leave to Appeal) aresubmitted online.
• Eliminates the need to attend courtto submit applications by hand.
• Responses to the applications filedcan be sent to parties through CJTS.
60
Examples of Online Applications
Secured Platform
• System authenticates the parties’identities through a secured loginprocess.
• SingPass (for individuals) andCorpPass (for business entities)which are issued by the government.
• CJTS Pass issued for those noteligible for SingPass or CorpPass,eg, tourists.
e-Negotiatione-Mediation
on Community Justice & Tribunals System
I’ve received a claim against
my shop for $1,500 for a defectiveLet me see if I can e-Negotiate with
him. I can make 3 attempts before
my consultation date. Let’s see
how this goes.
I bought a phone in January
but the button is not responsive
even though it has been replaced
twice. I want a full refund of
$1,500.
CLAIMANT
RESPONDENT
John
Mary
John’s Home
Hi, I’m Jamie. I am here to answer your questions relating to State Courts
e-Negotiation
Respondent says:
Hi, I read your claim. I can offer you a new phone of the same
model.
Claimant says:
I do not trust the phones in your shop anymore. I want my money
back
Community Justice and Tribunals System
ROUND 1
Hi, I’m Jamie. I am here to answer your questions relating to State Courts
e-Negotiation
Respondent says:
I can either repair the phone for you or pay $600
Claimant says:
How about I return the phone to you, and you pay me $1,000?
Community Justice and Tribunals System
ROUND 2
Hi, I’m Jamie. I am here to answer your questions relating to State Courts
e-Negotiation
Respondent says:
The best that I can offer is $800, and I will take the phone back.
Claimant says:
Ok, we have a deal.
Community Justice and Tribunals System
ROUND 3
An overview
Court Users Seamless Experience @State Courts
Live Chat on State Courts Website
Court users can opt for a 'live'
Web Chat Option. A Call Centre Officer will
respond to the Court user in real-
time. The 'live' chat can also be
transferred to Call Centre hotline if
the enquiry is more complex or
case-specific.
i-Help Screen
An interactive touchscreen self-
help screen. Court users can find
directions/ pathfinder,
information about services found on that level. Court users can also speak to a Call
Centre officer for assistance with
the Call-to-Assist intercom button.
Toolkit for self-guided tour
Court users/visitors can do a self-guided
tour at their convenience and own pace. There is an interactive
virtual tour guide, videos,
augmented reality, virtual
reality to enhance the tour
experience.
By Infinity Comms
BUT
What if there is no settlement?
Hi, I’m Jamie. I am here to answer your questions relating to State Courts
e-Negotiation
Respondent says:
The best that I can offer is $800, and I will take the phone back.
Claimant says:
No, I can’t accept your offer, the value is too low.
Community Justice and Tribunals System
ROUND 3
Hi, I’m Jamie. I am here to answer your questions relating to State Courts
e-Mediation
Claimant (private message):
Since I bought the phone, I have not been able to use it. Ask the
respondent to give me a refund $1,000.
MEDIATOR (private message):
Are you willing to give a refund of $1,000?
Community Justice and Tribunals System
I bought a defective phone for $1,500. The respondent has
offered to refund $800 and will take back the phone.
Respondent (private message):
The claimant modified the phone and has voided the warranty. I
can only give a refund of $800.
Hi, I’m Jamie. I am here to answer your questions relating to State Courts
e-Mediation
Claimant (joint session):
I can agree to $850.
MEDIATOR (joint session):
Can claimant and respondent settle at $850?
Community Justice and Tribunals System
I bought a defective phone for $1,500. The respondent can
refund $800 and will take back the phone.
Respondent (joint session):
I can agree to an $850 refund as well.
An overview
Court Users Seamless Experience @State Courts
Live Chat on State Courts Website
Court users can opt for a 'live'
Web Chat Option. A Call Centre Officer will
respond to the Court user in real-
time. The 'live' chat can also be
transferred to Call Centre hotline if
the enquiry is more complex or
case-specific.
i-Help Screen
An interactive touchscreen self-
help screen. Court users can find
directions/ pathfinder,
information about services found on that level. Court users can also speak to a Call
Centre officer for assistance with
the Call-to-Assist intercom button.
Toolkit for self-guided tour
Court users/visitors can do a self-guided
tour at their convenience and own pace. There is an interactive
virtual tour guide, videos,
augmented reality, virtual
reality to enhance the tour
experience.
By Infinity Comms
Settlement is reached
Apply for an e-Court Order