In essence, a voluntary surrender is going to 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 Law enforcement?
The procedures you may face once you voluntarily surrender into the police are similar to should you were arrested.
The actions taken in opposition to you count mostly on no matter if you’ve committed an arrestable or non-arrestable offence.
Arrestable offences confer with offences that allow the police to make an arrest and not using a warrant, and include offences like theft, robbery and rape. The general guideline is the fact that offences which might be punishable with at least 3 decades of imprisonment, or perhaps a Demise sentence, are categorised as arrestable.
On the other hand, a non-arrestable offence is a single where by the police will need to acquire a warrant before carrying out an arrest. Offences that tumble under this class 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 abide by an arrest process that starts with having you into custody following your voluntary surrender.
The police will then start an investigation, which involves taking witness statements. Alternatively, you could have for making a notice statement In case the law enforcement decides to go ahead with pressing fees.
You may well be required to take a polygraph (or lie detector) examination or get involved in an identification parade, in which you might be lined up with Others to permit victims and eyewitnesses to identify you, too.
Preferably, you have to be reasonably perfectly-versed with your rights in custody, like the suitable to help make a telephone 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). On the other hand, it can be crucial to note that your proper to refer to an attorney ordinarily occurs only after interrogations have already been carried out.
To find out more, you might want to seek advice from our article on police custody in Singapore.
When you have dedicated a non-arrestable offence
In this particular circumstance, even Should you have turned you in to the police, you will not be taken into custody right away.
As an alternative, the law enforcement will Get witness stories and history any get-togethers involved. Any possible victim(s) of one's offence will likely be suggested to file a Magistrate’s Grievance for even more motion being taken.
As soon as the Criticism has long been been given, the Justice of the Best criminal lawyer peace will then decide what the most suitable program of action will probably be. It is only at this point that a warrant could be issued to get you into police custody, In the event the Magistrate directs the police to conduct an investigation in to the Complaint.
Is Producing a Voluntary Surrender a Mitigating Element?
Voluntarily surrendering for the police demonstrates a willingness to cooperate and signifies probably remorse and repentance. Your surrender would also allow the police to invest their time and resources into other investigations.
This could Participate in an element during the decide’s final decision and you could be presented a lighter sentence on your degree of cooperation.
Situation research: No jail phrase following voluntary surrender
In 2018, then 24-year-old Ekawit Tangtrakarn, received a $six,000 great for defaulting on his Countrywide Assistance (NS) obligations.
Despite the fact that Ekawit mostly lived in Thailand, he was registered like a Singapore Citizen – producing him accountable for NS. In October 2015, he lost his Singaporean citizenship after failing to go ahead and take Oath of Renunciation, Allegiance and Loyalty in just twelve months of his twenty first birthday.
Nonetheless, dropping his Singaporean citizenship did not relieve him of his NS obligations, and Ekawit afterwards voluntarily returned to Singapore to deal with his prices for defaulting on them. His voluntary return As a result held bodyweight like a mitigating aspect.
Hence, once the court docket took other mitigating variables into consideration, what could have been a maximum three-calendar year imprisonment expression as well as a $10,000 fine, remaining the most penalties beneath the Enlistment Act, grew to become a possible nine-7 days jail expression that was eventually minimized to your $6,000 good.
Having your rates taken into account to the functions of sentencing
When it comes to your conviction and you simply are experiencing several costs, voluntarily admitting to your offences also helps prevent the problem in the prosecution proceeding with Each individual charge towards you independently. This permits for the potential for you getting such rates taken into account for sentencing rather.
As a result, it's possible you'll experience fewer rates or maybe a lowered sentence in comparison to for those who ended up to deny or dispute the charges.
—
Voluntarily surrendering into the law enforcement might verify to get beneficial afterwards with your situation. Your admission towards your criminal offense might be perfectly-acquired and function in the favour, minimizing your punishment noticeably.
For anyone who is nevertheless unsure regarding how to continue, you could interact a criminal defence law firm to seek information with your position, together with clarify your legal rights. A seasoned attorney should be able to ideal prepare you on What to anticipate if you turn on your own in and how to tackle any investigations completed versus you.