Courts to extend 'therapeutic justice' approach from family dispute cases to young offenders: Chief Justice

CNA

23-07-2025

SINGAPORE: The courts will adopt a 'problem-solving, interest-based approach' for cases involving children and young persons with an aim to heal and rehabilitate, similar to the therapeutic approach that is used for divorce proceedings, Chief Justice Sundaresh Menon said on Wednesday (Jul 23).
He was speaking to other judges and guests at the official opening of the Family Justice Courts building – known as the 'Octagon', which is at the former site of the State Courts on Havelock Square.
The newly refurbished Family Justice Courts building began operations in 1975 as the Subordinate Courts, and the iconic octagonal structure was gazetted as a conserved building in 2013, before being renamed as the State Courts in 2014. In 2019, it heard its final case.
Also present at the opening ceremony were President Tharman Shanmugaratnam, Minister for Social and Family Development Masagos Zulkifli and Minister for Law Edwin Tong.
The therapeutic justice approach, previously adopted as an 'overarching philosophy' to legal proceedings by the Family Justice Courts in 2020, seeks to address the parties' underlying issues holistically under the care of specialist family judges and allied professionals, said Chief Justice Menon.
This can serve to restore their relationships to 'a state that enables them to continue to address those persistent ties', he said.
While the focus has been on matrimonial proceedings such as divorce, Chief Justice Menon said the courts "will now direct our attention to another crucial group of court users – children and young persons".
'There is still more that can be done," he said. "We are confident that therapeutic justice principles can be a source of inspiration to bolster our proceedings in the Youth Courts.'
CASES INVOLVING YOUTH AND YOUNG CHILDREN
Elaborating on the cases that the therapeutic justice approach can be used, Chief Justice Menon noted that they can include the treatment and rehabilitation of youth offenders, applications for the care and protection of children or young persons, and applications for family guidance orders in respect of children or young persons.
Adding that there is room for therapeutic justice principles to complement existing practices in the Youth Courts, which he described as the "next frontier", he said a child or young person who needs guidance and rehabilitation lies at the heart of every Youth Court proceeding.
'This essential understanding is already embedded in our approach to youth offenders, where it is well-established that the criminal law does not apply in quite the same way," he said.
For instance, in the Youth Courts, words such as 'conviction' and 'sentence' are not used, and the focus is on rehabilitation.
'The law in this area reflects our belief, as a society, that children and young persons deserve the opportunity to turn their lives around, and that this justifies the creation of a distinct system for dealing with young individuals who may have gone astray, save in cases involving very serious offences,' he said.
There is thus room for therapeutic justice principles to complement existing practices by encouraging children and young persons to 'come before us to take responsibility for their actions and commit to restorative steps that will pave the way forward towards a positive and meaningful future', Chief Justice Menon said.
Under this approach, underlying issues that shape a young person's behaviour and circumstances should be identified and addressed together with the legal issues before the Court wherever possible.
'Children and young persons deserve nothing less than a supportive system that keeps them safe, addresses their underlying needs and sets them on a path towards a better future - whether the presenting issue is criminal conduct, family conflict or parental neglect,' he said.
The Youth Court will be housed in the Octagon, alongside the Family and Justice Courts.
OTHER MEASURES TO SUPPORT THERAPEUTIC APPROACH
The Youth Court's processes will also be "calibrated" to incorporate the new therapeutic approach, said Chief Justice Menon.
For one, it will explore the use of a visionary map that is intended to help youth offenders reflect on their past choices, among other objectives.
Thereafter, youth offenders can craft a personal commitment – known as a "promise for change" – to lay out a concrete action plan for change.
This would allow youth offenders "to take responsibility and to commit to positive transformation and rehabilitation", he said.
While the Brutalist architectural features will be retained, the interior of the Family Justice Courts has been "completely transformed" in line with principles of therapeutic justice, said Justice Teh Hwee Hwee, who is the presiding judge of the Family Justice Courts.
Vibrant artworks by youths from the Singapore Boys' and Girls' Homes are featured, and interview rooms will have purpose-built child-friendly furnishings.
"This is a courthouse that serves not just to be a place for deciding cases, but to be a beacon of hope for rebuilding lives with dignity," said Justice Teh.
The Family Justice Courts will also deploy multi-disciplinary teams to deal with select cases in the Youth Courts, who will be entrusted with managing the case and any related matters until their conclusion.
'The consistency and the contextuality that this promotes will help build trust, deepen understanding and promote the delivery of holistic and targeted support over time,' said Chief Justice Menon.
He added that the Youth Courts adopt a "whole of community" approach, where the court, parents, educators, social workers and community partners will "move together" to support every child and young person.
"In the future we are striving to create, every child or young person who enters our justice system should leave with the tools that will ensure that they need never come back," said Chief Justice Menon.
"Our aim is not to be a revolving door, but a one-time intervention that resets a young life on a new and better path."