In essence, a voluntary surrender is going to the police to confess to a criminal offense you’ve committed, in contrast to looking forward to the law enforcement to seek out 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 if you had been arrested.
The steps taken towards you count largely on no matter if you’ve committed an arrestable or non-arrestable offence.
Arrestable offences confer with offences that enable the law enforcement to make an arrest with out a warrant, and involve offences like theft, robbery and rape. The general guideline is that offences which might be punishable with at least 3 yrs of imprisonment, or possibly a death sentence, are categorised as arrestable.
On the flip side, 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.
Should you have committed an arrestable offence
For those who have fully commited an arrestable offence, the police will stick to an arrest technique 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 if the police decides to go forward with urgent charges.
You might be necessary to have a polygraph (or lie detector) take a look at or participate in an identification parade, during which you will be lined up with other people to allow victims and eyewitnesses to recognize you, likewise.
Preferably, you should be comparatively very well-versed together with your rights in custody, like the ideal to make a telephone phone to All your family members or to refer to a lawyer (supplied that these acts will never inhibit the investigation). Having said that, it is important to notice that the proper to refer to an attorney ordinarily occurs only following interrogations have already been carried out.
To learn more, you might want to check with our report on law enforcement custody in Singapore.
When you've got fully commited a non-arrestable offence
In this scenario, even For those who have turned by yourself in on the law enforcement, you won't be taken into custody promptly.
In Criminal lawyer its place, the police will gather witness reviews and document any events concerned. Any attainable target(s) of your respective offence are going to 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 choose exactly what the best suited system 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, In case the Justice of the peace directs the law enforcement to carry out an investigation to the Grievance.
Is Generating a Voluntary Surrender a Mitigating Issue?
Voluntarily surrendering on the law enforcement demonstrates a willingness to cooperate and suggests very likely remorse and repentance. Your surrender would also allow the police to take a position their time and sources into other investigations.
This could Perform a part within the judge’s decision and you may be given a lighter sentence for your diploma of cooperation.
Circumstance analyze: No jail time period immediately after voluntary surrender
In 2018, then 24-12 months-outdated Ekawit Tangtrakarn, acquired a $6,000 fantastic for defaulting on his National Service (NS) obligations.
Whilst Ekawit mainly lived in Thailand, he was registered for a Singapore Citizen – generating him responsible for NS. In October 2015, he misplaced his Singaporean citizenship following failing to take the Oath of Renunciation, Allegiance and Loyalty within twelve months of his twenty first birthday.
Even so, shedding 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 Consequently held body weight being a mitigating element.
Therefore, after the court docket took other mitigating things under consideration, what could have been a highest 3-calendar year imprisonment time period plus a $10,000 good, being the most penalties underneath the Enlistment Act, grew to become a achievable 9-7 days jail expression that was ultimately reduced to the $six,000 fantastic.
Getting your charges taken into account for that purposes of sentencing
When it comes to your conviction and you simply are experiencing several costs, voluntarily admitting to your offences also helps prevent the specific situation from the prosecution continuing with Just about every cost towards you independently. This enables for the potential of you having these types of prices taken into consideration for sentencing instead.
Subsequently, you could possibly confront fewer prices or even a decreased sentence as compared to when you ended up to deny or dispute the fees.
—
Voluntarily surrendering for the police may well demonstrate to be handy later on within your case. Your admission on your crime could be properly-acquired and perform in your favour, cutting down your punishment appreciably.
In case you are still Not sure on how to progress, you'll be able to engage a felony defence lawyer to hunt suggestions on the placement, in addition to explain your rights. A seasoned law firm can most effective put together you on what to expect if you switch your self in and the way to deal with any investigations performed in opposition to you.