In essence, a voluntary surrender is going to the police to confess to a criminal offense you’ve fully commited, rather than watching for the law enforcement to uncover and arrest you.
What Happens After you Voluntarily Surrender into the Law enforcement?
The procedures you might facial area after you voluntarily surrender to your police are the same as in the event you were arrested.
The steps taken towards you count mostly on irrespective of whether you’ve fully commited an arrestable or non-arrestable offence.
Arrestable offences confer with offences that allow the law enforcement to generate an arrest with no warrant, and include offences like theft, theft and rape. The rule of thumb is usually that offences which have been punishable with at the least 3 yrs of imprisonment, or maybe a Loss of life sentence, are categorised as arrestable.
However, a non-arrestable offence is one wherever the police will need to acquire a warrant ahead of carrying out an arrest. Offences that slide below this classification are voluntarily leading to damage and dishonest misappropriation of residence, amongst others.
Should you have dedicated an arrestable offence
When you have dedicated an arrestable offence, the police will observe an arrest method that begins with getting you into custody after your voluntary surrender.
The law enforcement will then launch an investigation, which involves getting witness statements. Alternatively, you may have to make a observe statement In case the law enforcement decides to go ahead with urgent fees.
You may be necessary to have a polygraph (or lie detector) check or engage in an identification parade, wherein you're lined up with Other individuals to allow victims and eyewitnesses to recognize you, too.
Preferably, you have to be relatively effectively-versed along with your legal rights in custody, such as the appropriate to help make a cellphone phone to All your family members or to consult an attorney (provided that these acts will never inhibit the investigation). Having said that, it's important to note that your proper to refer to an attorney ordinarily occurs only after interrogations have already been carried out.
To learn more, you might want to refer to our post on police custody in Singapore.
For those who have committed a non-arrestable offence
With this situation, even In case you have turned on your own in into the law enforcement, you won't be taken into custody promptly.
In its place, the law enforcement will Assemble witness experiences and history any get-togethers associated. Any probable sufferer(s) within your offence are going to be recommended to file a Magistrate’s Complaint for additional action to be taken.
As soon as the Grievance continues to be gained, the Magistrate will then choose what the most suitable course of motion are going to be. It is only at this time that a warrant is usually issued to get you into police custody, If your Magistrate directs the police to conduct an investigation to the Grievance.
Is Making a Voluntary Surrender a Mitigating Component?
Voluntarily surrendering for the police Top criminal lawyer demonstrates a willingness to cooperate and implies very likely remorse and repentance. Your surrender would also enable the police to take a position their time and sources into other investigations.
This may Engage in a part within the choose’s conclusion and you might be specified a lighter sentence on your degree of cooperation.
Situation review: No jail term immediately after voluntary surrender
In 2018, then 24-year-outdated Ekawit Tangtrakarn, gained a $6,000 wonderful for defaulting on his National Company (NS) responsibilities.
Even though Ekawit mainly lived in Thailand, he was registered as a Singapore Citizen – making him answerable for NS. In Oct 2015, he misplaced his Singaporean citizenship soon after failing to take the Oath of Renunciation, Allegiance and Loyalty in just 12 months of his 21st birthday.
However, dropping his Singaporean citizenship didn't decrease him of his NS obligations, and Ekawit later voluntarily returned to Singapore to experience his charges for defaulting on them. His voluntary return Hence held body weight as a mitigating variable.
Therefore, following the courtroom took other mitigating factors under consideration, what could have been a utmost three-yr imprisonment phrase along with a $ten,000 fantastic, being the most penalties beneath the Enlistment Act, became a attainable 9-7 days jail phrase which was at some point lessened into a $6,000 wonderful.
Obtaining your charges taken into account for the reasons of sentencing
When it comes to your conviction and you simply are struggling with various rates, voluntarily admitting towards your offences also helps prevent the situation of the prosecution continuing with Each individual charge against you separately. This enables for the potential of you obtaining these types of rates taken into account for sentencing alternatively.
Subsequently, chances are you'll experience fewer charges or maybe a reduced sentence when compared to if you have been to deny or dispute the costs.
—
Voluntarily surrendering for the law enforcement may possibly show to generally be valuable later within your scenario. Your admission for your crime may be nicely-obtained and operate in the favour, reducing your punishment substantially.
Should you be however unsure on how to progress, you are able to have interaction a criminal defence lawyer to hunt advice on your situation, together with clarify your rights. A seasoned attorney should be able to most effective get ready you on what to expect if you turn by yourself in and the way to handle any investigations completed versus you.