In essence, a voluntary surrender is visiting the law enforcement to confess to a criminal offense you’ve fully commited, rather than 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 into 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 seek advice from offences that allow the law enforcement to help make an arrest with out a warrant, and involve offences like theft, robbery and rape. The guideline is that offences which can be punishable with not less than 3 several years of imprisonment, or a Loss of life sentence, are categorised as arrestable.
On the flip side, a non-arrestable offence is 1 the place the law enforcement will need to get a warrant right before carrying out an arrest. Offences that slide less than this category are voluntarily triggering damage and dishonest misappropriation of home, amid Many others.
When you have dedicated an arrestable offence
When you've got committed an arrestable offence, the law enforcement will observe an arrest process that starts with getting you into custody after 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, also.
Preferably, you have to be rather nicely-versed along with your legal rights in custody, including the right to create a mobile phone simply call to All your family members or to consult a lawyer (offered that these functions will likely not inhibit the investigation). However, it's important to note that the suitable to refer to an attorney usually arises only right after interrogations are done.
For more info, you may want to make reference to our write-up on law enforcement custody in Singapore.
Should you have fully commited a non-arrestable offence
During this scenario, even When you have turned oneself in on the law enforcement, you won't be taken into custody promptly.
In its place, the law enforcement will gather witness reports and document any events concerned. Any attainable target(s) of your respective offence might 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 training course of action 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 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 possible regret and repentance. Your surrender would also enable the law enforcement to take a position their time and methods into other investigations.
This might Engage in a component inside the decide’s selection and you might be provided a lighter sentence to your degree of cooperation.
Case study: No jail term after voluntary surrender
In 2018, then 24-calendar year-aged Ekawit Tangtrakarn, been given a $six,000 high-quality for defaulting on his Nationwide Provider (NS) responsibilities.
Though Ekawit largely lived in Thailand, he was registered as being a Singapore Citizen – making him liable for NS. In Oct 2015, he shed his Singaporean citizenship immediately after failing to go ahead and take Oath of Renunciation, Allegiance and Loyalty in 12 months of his 21st birthday.
Nevertheless, losing his Singaporean citizenship didn't decrease him of his NS obligations, and Ekawit later on voluntarily returned to Singapore to experience his expenses for defaulting on them. His voluntary return Hence held excess weight as a mitigating variable.
As a result, once the courtroom took other mitigating aspects into account, what could have been a most three-12 months imprisonment phrase along with a $ten,000 great, staying the utmost penalties under the Enlistment Act, became a probable nine-week jail term which was finally diminished into a $6,000 fine.
Acquiring your fees taken into consideration for the purposes of sentencing
In regards to your conviction so you are going through numerous rates, voluntarily admitting on your offences also stops the situation of the prosecution continuing with Every single charge versus you independently. This enables for the possibility of you owning these kinds of expenses taken into consideration for sentencing Best criminal lawyer as a substitute.
Therefore, you might face much less expenses or a lessened sentence when compared with in the event you were to deny or dispute the costs.
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Voluntarily surrendering for the law enforcement may well demonstrate to be handy later on in your scenario. Your admission for your criminal offense may be nicely-been given and operate inside your favour, lessening your punishment drastically.
If you're however Uncertain regarding how to commence, you are able to have interaction a legal defence law firm to hunt 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.