What exactly is a Voluntary Surrender?
In essence, a voluntary surrender is visiting the police to confess to against the law you’ve committed, versus looking forward to the law enforcement to seek out and arrest you.
What Happens If you Voluntarily Surrender to the Police?
The procedures you are going to 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 largely on irrespective of whether you’ve committed an arrestable or non-arrestable offence.
Arrestable offences seek advice from offences that allow the law enforcement to help make an arrest with no warrant, and include things like offences like theft, robbery and rape. The guideline is that offences which can be punishable with not less than 3 several years of imprisonment, or a Loss of life sentence, are categorised as arrestable.
Conversely, a non-arrestable offence is a single wherever the police will need to acquire a warrant before carrying out an arrest. Offences that tumble under this group are voluntarily producing hurt and dishonest misappropriation of house, among the Other people.
In case you have fully commited an arrestable offence
When you have dedicated an arrestable offence, the law enforcement will adhere to an arrest treatment that commences with taking you into custody right after your voluntary surrender.
The law enforcement will then start an investigation, which entails getting witness statements. Alternatively, you'll have to create a recognize assertion if the police decides to go forward with urgent charges.
You might be necessary to have a polygraph (or lie detector) test or take part in an identification parade, through which that you are lined up with other people to allow victims and eyewitnesses to discover you, in addition.
Ideally, you ought to be reasonably very well-versed with your rights in custody, like the suitable to help make a phone get in touch with to Your loved ones or to refer to an attorney (provided that these acts is not going to inhibit the investigation). On the other hand, it can be crucial to note that your proper to refer to an attorney ordinarily occurs only following interrogations have already been carried out.
To learn more, you might want to refer to our post on police custody in Singapore.
For those who have dedicated a non-arrestable offence
With this state of affairs, even if you have turned your self in towards the police, you will not be taken into custody quickly.
As a substitute, the law enforcement will Assemble witness reports and record any parties concerned. Any achievable target(s) of the offence is going to 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 motion is going to be. It's only at this time that a warrant might be issued to just take you into law enforcement custody, If your 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 to your 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 might be offered a lighter sentence for the degree of cooperation.
Case study: 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.
Though Ekawit largely lived in Thailand, he was registered as being 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 excess weight as being a mitigating factor.
As a result, once the courtroom took other mitigating aspects into account, what could have been a most three-12 Criminal Defence Lawyer Singapore months imprisonment phrase along with a $10,000 great, staying the utmost penalties beneath the Enlistment Act, became a possible nine-7 days jail phrase that was eventually lessened to your $6,000 good.
Having your rates taken into account to the functions of sentencing
When it comes to your conviction and you simply are experiencing several 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.
As a result, chances are you'll confront fewer rates or possibly a lowered sentence compared to when you have been to deny or dispute the charges.
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Voluntarily surrendering into the law enforcement might verify to get useful afterwards with your case. Your admission towards your criminal offense might be perfectly-acquired and function in the favour, lowering your punishment significantly.
For anyone who is nevertheless unsure regarding how to continue, you could interact a criminal defence law firm to seek information with your position, together with clarify your legal rights. A seasoned attorney should be able to ideal prepare you on What to anticipate if you turn on your own in and how to tackle any investigations completed versus you.