What Happens If you Voluntarily Surrender into the Police

What exactly is a Voluntary Surrender?
In essence, a voluntary surrender is going to the police to confess to a crime you’ve dedicated, in contrast to looking ahead to the law enforcement to find and arrest you.

What Happens When You Voluntarily Surrender into the Law enforcement?
The procedures you'll encounter once you voluntarily surrender for the law enforcement are similar to for those who were arrested.

The steps taken versus you count largely on whether you’ve committed an arrestable or non-arrestable offence.

Arrestable offences refer to offences that allow the police to make an arrest and not using a warrant, and include things like offences like theft, robbery and rape. The rule of thumb is the fact that offences which are punishable with not less than three yrs of imprisonment, or maybe a Demise sentence, are categorised as arrestable.

On the flip side, a non-arrestable offence is one particular the place the police will need to obtain a warrant before finishing up an arrest. Offences that tumble underneath this group are voluntarily creating damage and dishonest misappropriation of property, amid Many others.

When you have dedicated an arrestable offence
When you've got committed an arrestable offence, the law enforcement will abide by an arrest process that starts with having you into custody following your voluntary surrender.

The law enforcement will then start an investigation, which entails using witness statements. Alternatively, you will have to help make a discover assertion If your police decides to go forward with urgent rates.

You may be necessary to have a polygraph (or lie detector) exam or participate in an identification parade, during which you will be lined up with Other individuals to allow victims and eyewitnesses to recognize you, likewise.

Preferably, you should be comparatively very well-versed with all your rights in custody, like the appropriate to help make a telephone phone to All your family members or to consult a lawyer (provided that these acts will never inhibit the investigation). On the other hand, it can be crucial to note that your proper to refer to an attorney ordinarily arises only following interrogations have already been executed.

For more info, you might want to refer to our post on police custody in Singapore.

In case you have fully commited a non-arrestable offence
During this state of affairs, even if you have turned your self in for the law enforcement, you won't be taken into custody promptly.

In its place, the law enforcement will gather witness reviews and document any events concerned. Any attainable target(s) of your respective offence are going to be encouraged to file a Justice of the peace’s Complaint for further action to become taken.

After the Complaint is acquired, the Magistrate will then make a decision exactly what the best suited study course of motion might be. It is just at this stage that a warrant is often issued to choose you into law enforcement custody, Should the Justice of the peace directs the law enforcement to carry out an investigation to the Grievance.

Is Generating a Voluntary Surrender a Mitigating Issue?
Voluntarily surrendering on the law enforcement demonstrates a willingness to cooperate and suggests very likely regret and repentance. Your surrender would also allow the police to take a position their time and sources into other investigations.

This could Perform a part within the judge’s choice and you may be given a lighter sentence for your degree of cooperation.

Case analyze: No jail time period just after voluntary surrender
In 2018, then 24-calendar year-aged Ekawit Tangtrakarn, gained a $six,000 wonderful for defaulting on his Nationwide Support (NS) responsibilities.

Even though Ekawit largely lived in Thailand, he was registered as a Singapore Citizen – making 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 ease him of his NS obligations, and Ekawit afterwards voluntarily returned to Singapore to experience his fees for defaulting on them. His voluntary return Hence held bodyweight as being a mitigating factor.

Hence, once the court docket took other mitigating variables into consideration, what could have been a maximum three-12 months imprisonment expression Criminal Defence Lawyer Singapore as well as a $10,000 fine, remaining the most penalties beneath the Enlistment Act, became a feasible nine-7 days jail term which was finally diminished into a $6,000 fine.

Owning your fees taken into consideration for the purposes of sentencing

On the subject of your conviction therefore you are going through numerous costs, voluntarily admitting on your offences also prevents your situation of your prosecution continuing with Each individual charge against you independently. This enables for the potential of you having these types of fees taken into consideration for sentencing instead.

Subsequently, you could possibly confront fewer prices or possibly a decreased sentence compared to when you have been to deny or dispute the charges.

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Voluntarily surrendering into the police may verify to get useful afterwards with your case. Your admission towards your crime could be very well-acquired and work as part of your favour, lowering your punishment significantly.

For anyone who is nevertheless Doubtful regarding how to continue, you could interact a criminal defence attorney to seek assistance in your posture, and also clarify your legal rights. A seasoned lawyer should be able to greatest get ready you on What to anticipate if you turn by yourself in and how to cope with any investigations carried out versus you.