In essence, a voluntary surrender is going to the police to confess to against the law you’ve committed, instead of looking forward to the law enforcement to seek out and arrest you.
What Happens If 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 largely on regardless of 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 having a warrant, and contain offences like theft, theft and rape. The rule of thumb is always that offences which have been punishable with at the very least three years of imprisonment, or possibly a Dying sentence, are categorised as arrestable.
Alternatively, a non-arrestable offence is a person in which the law enforcement will require to obtain a warrant in advance of carrying out an arrest. Offences that drop less than this category are voluntarily triggering damage and dishonest misappropriation of property, amid Many others.
When you have dedicated an arrestable offence
If you have dedicated an arrestable offence, the law enforcement will follow an arrest method that starts with having you into custody following your voluntary surrender.
The police will then start an investigation, which involves using witness statements. Alternatively, you will have to help make a discover statement If your law enforcement decides to go ahead with pressing prices.
You may be necessary to have a polygraph (or lie detector) exam or participate in an identification parade, during which you will be lined up with Other individuals to allow victims and eyewitnesses to recognize you, likewise.
Preferably, you should be comparatively properly-versed with all your rights in custody, such as the proper for making a phone get in touch with to Your loved ones or to refer to an attorney (provided that these acts will never inhibit the investigation). On the other hand, it is important to note that your proper to refer to an attorney ordinarily arises only following interrogations have already been carried out.
For more info, you may want to make reference to our write-up on police custody in Singapore.
In case 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 included. Any doable sufferer(s) within your offence are going to be advised to file a Magistrate’s Complaint for additional action to become taken.
After the Complaint is acquired, the Magistrate will then make a decision exactly what the best suited system of motion is going to be. It is just at this time that a warrant is often issued to acquire you into law enforcement custody, If your Justice of the peace directs the law enforcement to perform 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 probable regret and repentance. Your surrender would also enable the law enforcement to take a position their time and assets into other investigations.
This might Engage in a component inside the decide’s selection and you might be offered a lighter sentence for the degree of cooperation.
Case study: No jail term just after voluntary surrender
In 2018, then 24-year-old Ekawit Tangtrakarn, been given a $6,000 fine for defaulting on his Nationwide Support (NS) responsibilities.
Though Ekawit largely lived in Thailand, he was registered as 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.
However, losing his Singaporean citizenship didn't decrease him of his NS obligations, and Ekawit later on voluntarily returned to Singapore to experience his expenses for defaulting on them. His voluntary return thus held pounds to be a mitigating component.
For this reason, once the court took other mitigating components into account, what could have been a utmost three-year imprisonment term and a $ten,000 high-quality, remaining the most penalties underneath the Enlistment Act, turned a attainable 9-week jail time period which was at some point decreased to a $six,000 high-quality.
Obtaining your costs taken into consideration with the needs of sentencing
In relation to your conviction and also you are facing various prices, voluntarily admitting in your offences also prevents your situation with the prosecution proceeding with Every 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 to if you ended up to deny or dispute the costs.
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Voluntarily surrendering to the law enforcement could prove being beneficial later as part of your situation. Your admission to your criminal offense might be perfectly-gained and function in the favour, minimizing your punishment considerably.
When you are even now unsure regarding how to continue, you could interact a criminal defence law firm to seek assistance with your position, and also clarify your legal rights. A Criminal defence lawyer seasoned lawyer should be able to greatest get ready you on What to anticipate if you turn by yourself in and how to cope with any investigations carried out versus you.