In essence, a voluntary surrender is visiting the law enforcement 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 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 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 allow the police for making an arrest with no warrant, and include things like offences like theft, robbery and rape. The guideline is usually that offences which are punishable with no less than 3 a long time of imprisonment, or simply a death sentence, are categorised as arrestable.
Then again, a non-arrestable offence is one in which the law enforcement will need to get a warrant in advance of carrying out an arrest. Offences that drop underneath this category are voluntarily leading to damage and dishonest misappropriation of property, amid Some others.
When you have dedicated an arrestable offence
Should you have committed an arrestable offence, the police will follow 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 ahead with urgent rates.
You may be necessary to have a polygraph (or lie detector) exam or participate in an identification parade, during which you happen to be lined up with Other individuals to allow victims and eyewitnesses to recognize you, at the same time.
Preferably, you should be comparatively properly-versed with all your rights in custody, such as the proper for making a cellular phone call to Your loved ones or to consult an attorney (delivered that these functions won't inhibit the investigation). Nonetheless, it is necessary to notice that the right to consult a lawyer generally occurs only just after interrogations have been performed.
To find out more, you may want to confer with our short article on law enforcement custody in Singapore.
If you have committed a non-arrestable offence
On this situation, even In case you have Best criminal lawyer turned on your own in into the law enforcement, you will not be taken into custody immediately.
Rather, the police will Obtain witness studies and report any functions associated. Any probable sufferer(s) of your offence will be advised to file a Magistrate’s Complaint for more action for being taken.
After the Grievance has become gained, the Justice of the peace will then come to a decision just what the most fitted study course of motion might be. It is just at this stage that a warrant is usually issued to choose you into law enforcement custody, Should the Justice of the peace directs the law enforcement to perform an investigation into your Criticism.
Is Earning a Voluntary Surrender a Mitigating Variable?
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 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-outdated Ekawit Tangtrakarn, obtained a $6,000 good for defaulting on his National Service (NS) obligations.
Whilst Ekawit mainly lived in Thailand, he was registered for a Singapore Citizen – building him chargeable 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.
On the other hand, shedding his Singaporean citizenship did not reduce him of his NS obligations, and Ekawit later voluntarily returned to Singapore to face his charges for defaulting on them. His voluntary return So held body weight for a mitigating issue.
Consequently, after the court took other mitigating things under consideration, what might have been a greatest 3-year imprisonment time period and also a $ten,000 fantastic, becoming the maximum penalties underneath the Enlistment Act, turned a attainable 9-week jail time period which was at some point decreased to a $six,000 wonderful.
Possessing your costs taken into consideration with the needs of sentencing
In terms of your conviction and also you are facing various fees, 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 kind of charges taken into account for sentencing as an alternative.
Consequently, it's possible you'll deal with less charges or simply a diminished sentence in comparison to if you were being to deny or dispute the costs.
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Voluntarily surrendering towards the law enforcement may possibly show to generally be valuable later in the scenario. Your admission for your criminal offense may be nicely-been given and perform in your favour, cutting down your punishment substantially.
If you are however Uncertain regarding how to commence, you are able to have interaction a legal defence law firm to seek advice on your own place, and make clear your rights. A seasoned attorney will be able to finest prepare you on What to anticipate if you turn you in and how to handle any investigations completed against you.