In essence, a voluntary surrender is visiting the police to confess to a crime you’ve dedicated, as opposed to looking ahead to the police to uncover and arrest you.
What Takes place After you Voluntarily Surrender for the Law enforcement?
The processes you can encounter any time you voluntarily surrender towards the law enforcement are the same as in case you were arrested.
The actions taken from you depend mostly on no matter whether you’ve committed an arrestable or non-arrestable offence.
Arrestable offences refer to offences that allow the law enforcement to create an arrest and not using a warrant, and include offences like theft, theft and rape. The general guideline is offences that happen to be punishable with a minimum of three decades of imprisonment, or even a Demise sentence, are categorised as arrestable.
On the other hand, a non-arrestable offence is one particular 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, 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 may have to produce a see 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 establish you, too.
Preferably, try to be fairly effectively-versed with the 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 usually arises only soon after interrogations are done.
For more information, 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 on the law enforcement, you won't be taken into custody promptly.
In its place, the police will gather witness reviews 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 action to be taken.
Once the Complaint continues to be obtained, the Magistrate will then come to a decision just what the most fitted class of motion will be. It is only at this point that a warrant can be issued to take you into police custody, if the Magistrate directs the police to conduct an investigation into the Complaint.
Is Making a Voluntary Surrender a Mitigating Factor?
Voluntarily surrendering to the police demonstrates a willingness to cooperate and signifies most likely remorse and repentance. Your surrender would also allow Criminal lawyer the police to invest their time and resources into other investigations.
This may Participate in an element during the choose’s final decision and you may well be supplied a lighter sentence in your diploma of cooperation.
Scenario examine: No jail phrase right after voluntary surrender
In 2018, then 24-yr-old Ekawit Tangtrakarn, received a $6,000 fine for defaulting on his Countrywide Company (NS) obligations.
While 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 his Singaporean citizenship did not relieve him of his NS obligations, and Ekawit afterwards voluntarily returned to Singapore to deal with his prices for defaulting on them. His voluntary return As a result held bodyweight as being a mitigating aspect.
Hence, once the court docket took other mitigating variables into consideration, what could have been a maximum three-12 months imprisonment expression as well as a $10,000 great, remaining the utmost penalties beneath the Enlistment Act, became a feasible 9-7 days jail expression that was eventually lessened to the $six,000 fantastic.
Getting your charges taken into account to the reasons of sentencing
With regards 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 prices or possibly a decreased sentence as compared to when you had been to deny or dispute the charges.
—
Voluntarily surrendering to your police may establish for being helpful afterwards within your case. Your admission on your crime can be properly-obtained and do the job with your favour, decreasing your punishment noticeably.
Should you be still Not sure on how to carry on, it is possible to engage a prison defence lawyer to hunt suggestions on your situation, in addition to explain your rights. A seasoned law firm can best put together you on what to expect if you switch your self in and the way to manage any investigations performed in opposition to you.