In essence, a voluntary surrender is going to the law enforcement to confess to a criminal offense you’ve committed, in contrast to looking ahead to the police to find and arrest you.
What Transpires When You Voluntarily Surrender on the Police?
The techniques you will experience after you voluntarily surrender for the law enforcement are the same as when you had been arrested.
The steps taken versus you rely mainly on no matter whether you’ve fully commited an arrestable or non-arrestable offence.
Arrestable offences consult with offences that enable the police to generate an arrest without a warrant, and contain offences like theft, robbery and rape. The general guideline is that offences which might be punishable with at least 3 yrs of imprisonment, or perhaps a Demise sentence, are categorised as arrestable.
Then again, a non-arrestable offence is just one exactly where the law enforcement will require to obtain a warrant in advance of carrying out an arrest. Offences that drop beneath this class are voluntarily resulting in hurt and dishonest misappropriation of residence, among the Other individuals.
Should you have committed an arrestable offence
For those who have fully commited an arrestable offence, the law enforcement will adhere to an arrest treatment that commences with taking you into custody soon after your voluntary surrender.
The law enforcement will then launch an investigation, which entails getting witness statements. Alternatively, you'll have to create a observe assertion 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, too.
Preferably, you should be fairly perfectly-versed along with your legal rights in custody, including the ideal to create a cellphone phone to All your family members or to consult a lawyer (offered that these functions will not likely inhibit the investigation). However, it's important to note that the suitable to refer to an attorney typically arises only right after interrogations are already done.
For more info, you may want to make reference to our write-up on law enforcement custody in Singapore.
When you have dedicated a non-arrestable offence
In this particular circumstance, even When you've got turned you in to the police, you will not be taken into custody right away.
Alternatively, the law enforcement will Acquire witness experiences and history any get-togethers involved. Any possible victim(s) of one's offence will likely be suggested to file a Justice of the peace’s Grievance for even further motion being taken.
As soon as the Criticism has long been gained, the Magistrate will then choose 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 perform an investigation into your Criticism.
Is Building a Voluntary Surrender a Mitigating Component?
Voluntarily surrendering into the police demonstrates a willingness to cooperate and signifies most likely remorse and repentance. Your surrender would also allow the police to invest their time and resources into other investigations.
This could play an element during the choose’s conclusion and you may well be specified a lighter sentence for your personal diploma of cooperation.
Scenario 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 chargeable for NS. In October 2015, he dropped his Singaporean citizenship right after 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 didn't reduce him of his NS obligations, and Ekawit later voluntarily returned to Singapore to encounter his charges for defaulting on them. His voluntary return So held weight like a mitigating component.
Hence, once the court docket took other mitigating variables into consideration, what could have been a maximum three-year imprisonment term in addition to a $ten,000 wonderful, getting the maximum penalties under the Enlistment Act, became a feasible 9-7 days jail expression that was ultimately reduced to the $six,000 wonderful.
Possessing your costs taken into account for that needs of sentencing
In terms of your conviction and also you are facing many fees, voluntarily admitting in your offences also prevents your situation on the prosecution proceeding with each demand from you individually. This allows for the opportunity of you obtaining this sort of charges taken into account for sentencing alternatively.
Consequently, you may deal with less charges or simply a diminished sentence in comparison with if you were being to deny or dispute the costs.
—
Voluntarily surrendering to the law enforcement could show to generally be valuable later in the situation. Your admission to your criminal offense could possibly be well-gained and perform within your favour, decreasing your punishment drastically.
Should you be nevertheless Doubtful regarding Criminal defence lawyer how to continue, you can interact a legal defence lawyer to hunt suggestions on your posture, along with clarify your legal rights. A seasoned lawyer should be able to greatest prepare you on What to anticipate if you turn yourself in and the way to handle any investigations performed in opposition to you.