What on earth is a Voluntary Surrender?
In essence, a voluntary surrender is going to the police to confess to a criminal offense you’ve committed, in contrast to looking forward to the law enforcement to discover and arrest you.
What Comes about Once you Voluntarily Surrender to the Police?
The processes you will experience when you voluntarily surrender on the law enforcement are the same as for those who had been arrested.
The steps taken against you rely mainly on no matter whether you’ve committed an arrestable or non-arrestable offence.
Arrestable offences refer to offences that enable the law enforcement to produce an arrest without having a warrant, and consist of offences like theft, theft and rape. The rule of thumb is offences which have been punishable with at the very least three years of imprisonment, or possibly a Dying sentence, are categorised as arrestable.
However, a non-arrestable offence is just one where the police will require to obtain a warrant just before finishing up an arrest. Offences that fall beneath this classification are voluntarily causing harm and dishonest misappropriation of assets, among Other folks.
When you've got committed an arrestable offence
In case you have fully commited an arrestable offence, the police will follow an arrest method that begins with using you into custody immediately after your voluntary surrender.
The police will then launch an investigation, which involves having witness statements. Alternatively, you might have to generate a detect statement In the event the law enforcement decides to go in advance with pressing expenses.
You could be needed to take a polygraph (or lie detector) check or be involved in an identification parade, wherein you're lined up with Others to permit victims and eyewitnesses to detect you, also.
Ideally, try to be reasonably properly-versed together with your legal rights in custody, like the right to generate a cellular phone call to your family or to consult an attorney (delivered that these acts won't inhibit the investigation). Nonetheless, it is crucial to notice that the right to consult a lawyer generally occurs only just after interrogations have been performed.
To find out more, you might want to seek advice from our posting on law enforcement custody in Singapore.
When you have committed a non-arrestable offence
On this circumstance, even Should you have turned you in into the police, you will not be taken into custody instantly.
As an alternative, the police will Get witness stories and report any get-togethers associated. Any probable victim(s) of your offence will probably be suggested to file a Magistrate’s Grievance for more action to get taken.
When the Grievance has actually been gained, the Justice of the peace will then make your mind up just what the most fitted class of motion are going to be. It is just at this stage that a warrant can be issued to take you into police custody, if the Magistrate directs the police to perform an investigation into your Criticism.
Is Making a Voluntary Surrender a Mitigating Factor?
Voluntarily surrendering to the law enforcement demonstrates a willingness to cooperate and implies possible regret Criminal lawyer singapore and repentance. Your surrender would also enable the law enforcement to speculate their time and methods into other investigations.
This may Engage in a component while in the decide’s selection and you might be provided a lighter sentence to your degree of cooperation.
Situation study: No jail term after voluntary surrender
In 2018, then 24-year-aged Ekawit Tangtrakarn, been given a $six,000 high-quality for defaulting on his Nationwide Provider (NS) responsibilities.
Though Ekawit mostly lived in Thailand, he was registered as being a Singapore Citizen – creating him liable for NS. In Oct 2015, he shed his Singaporean citizenship immediately after failing to go ahead and take Oath of Renunciation, Allegiance and Loyalty in 12 months of his 21st birthday.
Nevertheless, losing his Singaporean citizenship didn't decrease him of his NS obligations, and Ekawit afterwards voluntarily returned to Singapore to experience his expenses for defaulting on them. His voluntary return Hence held excess weight as a mitigating factor.
As a result, once the courtroom took other mitigating aspects into account, what could have been a optimum three-calendar year imprisonment expression as well as a $10,000 fine, remaining the most penalties beneath the Enlistment Act, grew to become a possible nine-7 days jail expression that was eventually lessened to your $six,000 good.
Having your rates taken into account to the functions of sentencing
When it comes to your conviction and you simply are experiencing a number of costs, voluntarily admitting to your offences also helps prevent the problem in the prosecution proceeding with Each individual cost towards you separately. This permits for the potential for you getting such prices taken into consideration for sentencing rather.
Subsequently, chances are you'll confront fewer rates or possibly a decreased sentence compared to when you have been to deny or dispute the charges.
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Voluntarily surrendering to your police may establish for being helpful afterwards within your case. Your admission on your crime could be very well-obtained and work as part of your favour, lowering your punishment significantly.
For anyone who is nonetheless Doubtful on how to proceed, you may engage a prison defence attorney to seek tips in your posture, along with explain your legal rights. A seasoned lawyer can very best get ready you on what to expect if you switch oneself in and the way to take care of any investigations carried out from you.