In essence, a voluntary surrender is going to the law enforcement to confess to a crime you’ve fully commited, instead of waiting for the law enforcement to find and arrest you.
What Transpires When You Voluntarily Surrender to the Police?
The strategies you are going to facial area once you voluntarily surrender into the police are similar to if you were arrested.
The steps taken towards you count mostly on whether you’ve dedicated an arrestable or non-arrestable offence.
Arrestable offences consult with offences that enable the police for making an arrest without a warrant, and incorporate offences like theft, theft and rape. The rule of thumb is the fact offences which can be punishable with no less than 3 several years of imprisonment, or simply a Loss of life sentence, are categorised as arrestable.
On the flip side, a non-arrestable offence is one particular where the police will require to obtain a warrant just before finishing up an arrest. Offences that fall beneath this classification are voluntarily creating 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 stick to an arrest technique that begins with using you into custody just after your voluntary surrender.
The police will then launch an investigation, which involves having witness statements. Alternatively, you might have to generate a see statement In the event the law enforcement decides to go in advance with pressing fees.
You may well be required to take a polygraph (or lie detector) examination or get involved in an identification parade, in which you might be lined up with Others to permit victims and eyewitnesses to identify you, also.
Preferably, you have to be rather nicely-versed along with your legal rights in custody, including the right to create a mobile phone simply call to All your family members or to consult a lawyer (offered that these functions will likely not inhibit the investigation). However, it's important to note that the suitable to refer to an attorney typically arises only right after interrogations are done.
For more info, you may want to make reference to our write-up on law enforcement custody in Singapore.
Should you have fully commited a non-arrestable offence
During this scenario, even When you have turned oneself in for the law enforcement, you won't be taken into custody promptly.
In its place, the law enforcement will gather witness reports and document any events concerned. Any attainable target(s) of your respective offence might be encouraged to file a Justice of the peace’s Criticism for further more motion to be taken.
Once the Complaint continues to be obtained, the Magistrate will then choose exactly what the best suited training course of action will likely be. It's only at this time that a warrant might be issued to just take you into law enforcement custody, In case the Justice of the peace directs the police to carry out an investigation to the Grievance.
Is Producing a Voluntary Surrender a Mitigating Element?
Voluntarily surrendering on the police demonstrates a willingness to cooperate and signifies probably remorse and repentance. Your surrender would also allow the police to invest their time and sources into other investigations.
This could play a part in the judge’s conclusion and you may well be specified a lighter sentence for your personal diploma of cooperation.
Circumstance review: No jail expression soon after voluntary surrender
In 2018, then 24-12 months-previous Ekawit Tangtrakarn, obtained a $6,000 good for defaulting on his National Service (NS) obligations.
Whilst Ekawit mainly lived in Thailand, he was registered for a Singapore Citizen – building him responsible for NS. In October 2015, he misplaced his Singaporean citizenship following failing to take the Oath of Renunciation, Allegiance and Loyalty within twelve months of his twenty first birthday.
On the other hand, shedding his Singaporean citizenship did not alleviate him of his NS obligations, and Ekawit later voluntarily returned to Singapore to face his rates for defaulting on them. His voluntary return So held body weight being a mitigating issue.
Consequently, after the court took other mitigating things under consideration, what might have been a highest 3-year imprisonment time period and also a $10,000 fantastic, becoming the most penalties underneath the Enlistment Act, grew to become a achievable 9-7 days jail expression that was at some point reduced to the $six,000 wonderful.
Possessing your costs taken into account for that needs of sentencing
In terms of your conviction and you are struggling with many fees, voluntarily admitting for your offences also prevents your situation on the prosecution proceeding with each demand in opposition to you separately. This permits for the potential for you possessing this kind of rates taken into account for sentencing as an alternative.
As a result, it's possible you'll experience fewer rates or maybe a lowered sentence in comparison to for Criminal defence lawyer those who have been to deny or dispute the charges.
—
Voluntarily surrendering into the law enforcement might verify to get useful afterwards with your case. Your admission towards your crime could be perfectly-acquired and work as part of your favour, lowering your punishment noticeably.
Should you be nonetheless Doubtful on 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 expect if you switch by yourself in and how to cope with any investigations carried out from you.