What exactly is a Voluntary Surrender?
In essence, a voluntary surrender is visiting the police to confess to a criminal offense you’ve committed, in contrast to awaiting the law enforcement to discover and arrest you.
What Comes about Once you Voluntarily Surrender into the Police?
The strategies you may facial area once you voluntarily surrender into the police are similar to in the event you were arrested.
The steps taken in opposition to you count mostly on whether or not you’ve dedicated an arrestable or non-arrestable offence.
Arrestable offences refer to offences that allow the law enforcement to make an arrest with out a warrant, and include offences like theft, robbery and rape. The general guideline is the fact that offences which can be punishable with at the least three yrs of imprisonment, or perhaps a Demise sentence, are categorised as arrestable.
On the other hand, a non-arrestable offence is a single where by the police will require to acquire a warrant prior to finishing up an arrest. Offences that tumble below this group are voluntarily producing hurt and dishonest misappropriation of house, 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 after your voluntary surrender.
The police will then start an investigation, which entails using witness statements. Alternatively, you might have to help make a notice statement In case the law enforcement decides to go ahead with pressing fees.
You may well be required to take a polygraph (or lie detector) take a look at or get involved in an identification parade, by which you happen to be lined up with Other individuals to permit victims and eyewitnesses to determine you, at the same time.
Preferably, you ought to be reasonably very well-versed with your rights in custody, like the suitable to help make a cellphone phone to All your family members or to refer to a lawyer (offered that these functions will not likely inhibit the investigation). However, it is vital to notice that the ideal to consult a lawyer normally occurs only just after interrogations have been performed.
To find out more, you might want to check with our article on police custody in Singapore.
For those who have dedicated a non-arrestable offence
With this scenario, even When you have turned oneself in on the law enforcement, you won't be taken into custody straight away.
As an alternative, the law enforcement will Assemble witness reports and record any parties concerned. Any achievable target(s) of the offence might be recommended 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 is going to 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 law enforcement to carry out an investigation in 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 enable the police to take a position their time and assets into other investigations.
This might Perform a component within the judge’s choice and you may be offered a lighter sentence for the degree of cooperation.
Case research: No jail term following voluntary surrender
In 2018, then 24-year-old Ekawit Tangtrakarn, been given a $six,000 great for defaulting on his Countrywide Assistance (NS) responsibilities.
Despite the fact that Ekawit mostly lived in Thailand, he was registered like a Singapore Citizen – producing him accountable for NS. In October 2015, he lost his Singaporean citizenship after failing to go ahead and take Oath of Renunciation, Allegiance and Loyalty in just twelve months of his twenty first birthday.
Nonetheless, dropping Criminal lawyer singapore his Singaporean citizenship did not relieve him of his NS obligations, and Ekawit afterwards voluntarily returned to Singapore to facial area his prices for defaulting on them. His voluntary return Consequently held fat being a mitigating element.
Therefore, after the court docket took other mitigating components into consideration, what could have been a highest 3-calendar year imprisonment time period and also a $10,000 fantastic, becoming the maximum penalties underneath the Enlistment Act, grew to become a achievable 9-week jail time period which was sooner or later decreased to a $six,000 high-quality.
Obtaining your expenses taken into consideration for the applications of sentencing
In regards to your conviction so you are dealing with numerous rates, voluntarily admitting on your offences also stops the specific situation of the prosecution continuing with Every single cost against you independently. This enables for the potential of you having these types of fees taken into consideration for sentencing instead.
Due to this fact, it's possible you'll deal with less charges or simply a diminished sentence in comparison with if you were being to deny or dispute the costs.
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Voluntarily surrendering towards the law enforcement may possibly show to generally be handy later in the scenario. Your admission in your criminal offense may be nicely-been given and operate inside your favour, lessening your punishment appreciably.
If you're continue to Not sure on how to progress, you'll be able to engage a felony defence lawyer to hunt suggestions on your situation, in addition to explain your rights. A seasoned law firm can best get ready you on what to expect if you switch oneself in and the way to manage any investigations carried out from you.