In essence, a voluntary surrender is visiting the police to confess to against the law you’ve committed, versus expecting the police to seek out and arrest you.
What Happens If you Voluntarily Surrender to the Law enforcement?
The procedures you may face if you voluntarily surrender to the police are similar to in the event you were arrested.
The actions taken in opposition to you count largely on irrespective of whether you’ve dedicated an arrestable or non-arrestable offence.
Arrestable offences refer to offences that allow the law enforcement to create an arrest and not using a warrant, and include offences like theft, theft and rape. The general guideline is the fact that offences that happen to be punishable with at least three decades of imprisonment, or perhaps a Demise sentence, are categorised as arrestable.
On the other hand, a non-arrestable offence is one particular where by the police will require to acquire a warrant prior to finishing up an arrest. Offences that tumble below this group are voluntarily producing hurt and dishonest misappropriation of house, among the Other people.
In case you have fully commited an arrestable offence
When you have dedicated an arrestable offence, the law enforcement will adhere to an arrest method that commences with taking you into custody right after your voluntary surrender.
The law enforcement will then start an investigation, which entails using witness statements. Alternatively, maybe you have to make a recognize assertion Should the police decides to go forward with urgent rates.
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 to help make a phone get in touch with to Your loved ones or to refer to an attorney (provided that these acts is not going to inhibit the investigation). Even so, it is important to note that your appropriate to refer to an attorney typically arises only right after interrogations are already executed.
For more info, you might want to refer to our post on police custody in Singapore.
In case you have fully commited a non-arrestable offence
During this circumstance, even When you've got turned yourself in for the law enforcement, you won't be taken into custody straight away.
Instead, the police will Collect witness reviews and file any functions included. Any doable sufferer(s) within your offence will be advised to file a Magistrate’s Complaint for further more action to become taken.
After the Grievance is acquired, the Justice of the peace will then make a decision exactly what the most fitted 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 in the Criticism.
Is Building a Voluntary Surrender a Mitigating Component?
Voluntarily surrendering into the law enforcement demonstrates a willingness to cooperate and implies 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 decision and you may be offered a lighter sentence on your diploma of cooperation.
Circumstance review: No jail expression immediately after voluntary surrender
In 2018, then 24-12 months-outdated Ekawit Tangtrakarn, gained a $six,000 fantastic for defaulting on his Nationwide Support (NS) duties.
Even though Ekawit largely lived in Thailand, he was registered as a Singapore Citizen – earning him answerable for NS. In Oct 2015, he missing his Singaporean citizenship immediately after failing to go ahead and take Oath of Renunciation, Allegiance and Loyalty inside of 12 months of his 21st birthday.
However, getting rid of his Singaporean citizenship didn't decrease him of his NS obligations, and Ekawit later on voluntarily returned to Singapore to confront his expenses for defaulting on them. His voluntary return Therefore held weight as a mitigating variable.
For this reason, following the courtroom took other mitigating elements into account, what might have been a utmost three-yr imprisonment phrase and a $ten,000 high-quality, currently being the utmost penalties under the Enlistment Act, became a probable nine-week jail term which was finally diminished into a $6,000 great.
Acquiring your fees taken into consideration for the applications 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 Criminal defence lawyer continuing with Every single charge versus you independently. This enables for the possibility of you owning these expenses taken into consideration for sentencing in its place.
Therefore, you could face much less fees or perhaps a lessened sentence when compared to should you were to deny or dispute the fees.
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Voluntarily surrendering for the police may well confirm to be practical later on inside your circumstance. Your admission in your crime may very well be effectively-received and get the job done within your favour, reducing your punishment appreciably.
Should you be nonetheless Doubtful regarding how to continue, you could interact a criminal defence attorney to seek assistance in your posture, and also clarify your legal rights. A seasoned lawyer should be able to greatest get ready you on what to expect if you switch by yourself in and how to cope with any investigations carried out from you.