Exactly what 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 looking forward to the law enforcement to discover and arrest you.
What Comes about Once you Voluntarily Surrender to the Police?
The strategies 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 make an arrest with out a warrant, and involve offences like theft, robbery and rape. The guideline is that offences which might be punishable with a minimum of three decades of imprisonment, or even a Dying sentence, are categorised as arrestable.
However, a non-arrestable offence is one particular where the police will require to acquire a warrant just before finishing up an arrest. Offences that fall below this group are voluntarily causing harm and dishonest misappropriation of residence, among Other individuals.
When you've got committed an arrestable offence
In case you have fully commited an arrestable offence, the police will abide by an arrest method that starts with getting you into custody immediately after your voluntary surrender.
The law enforcement will then launch an investigation, which entails getting witness statements. Alternatively, you may have to produce a detect assertion When the police decides to go in advance with urgent costs.
You could be needed to have a polygraph (or lie detector) check or engage 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 appropriate for making a cellular phone contact to Your loved ones or to refer to an attorney (delivered that these acts won't inhibit the investigation). Even so, it is crucial to notice that your correct to consult a lawyer commonly occurs only just after interrogations have been performed.
To learn more, you might want to check with our article on police custody in Singapore.
When you have dedicated a non-arrestable offence
In this particular circumstance, even When you've got turned yourself in to the police, you will not be Singapore Criminal Defence Lawyer taken into custody right away.
Alternatively, the law enforcement will Acquire witness experiences and history any parties involved. Any feasible victim(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 system of motion is going to be. It's only 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 Criticism.
Is Building a Voluntary Surrender a Mitigating Component?
Voluntarily surrendering into the law enforcement demonstrates a willingness to cooperate and implies possible regret and repentance. Your surrender would also enable the law enforcement to speculate their time and methods into other investigations.
This might Enjoy a component while in the decide’s determination and you might be provided a lighter sentence to your degree of cooperation.
Situation research: No jail term following voluntary surrender
In 2018, then 24-year-old Ekawit Tangtrakarn, received a $six,000 great for defaulting on his Countrywide Assistance (NS) obligations.
While Ekawit mostly lived in Thailand, he was registered like a Singapore Citizen – producing him responsible for NS. In October 2015, he lost his Singaporean citizenship after failing to take the Oath of Renunciation, Allegiance and Loyalty in just twelve months of his twenty first birthday.
Even so, dropping his Singaporean citizenship did not alleviate him of his NS obligations, and Ekawit later voluntarily returned to Singapore to face his rates for defaulting on them. His voluntary return So held body weight being a mitigating issue.
Consequently, after the court took other mitigating things under consideration, what might have been a highest 3-year imprisonment time period in addition to a $ten,000 wonderful, getting the maximum penalties underneath the Enlistment Act, turned a attainable 9-week jail term which was sooner or later lowered to some $6,000 great.
Acquiring your fees taken into consideration for the purposes of sentencing
On the subject of your conviction so you are going through numerous charges, voluntarily admitting on your offences also stops the specific situation of the prosecution continuing with Just about every cost against you independently. This enables for the potential of you getting these types of prices taken into consideration for sentencing instead.
Subsequently, chances are you'll confront fewer prices or possibly a decreased sentence compared to when you have been to deny or dispute the charges.
—
Voluntarily surrendering into the police may verify to get useful afterwards with your case. Your admission towards your crime could be perfectly-acquired and work as part of your favour, lowering your punishment significantly.
For anyone who is nevertheless unsure regarding how to continue, you could interact a criminal defence attorney to seek information with your position, together with clarify your legal rights. A seasoned attorney will be able to ideal prepare you on What to anticipate if you turn you in and how to handle any investigations completed against you.