In essence, a voluntary surrender is going to the police 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 on the Police?
The techniques you will experience whenever you voluntarily surrender to your police are similar to for those who had been arrested.
The steps taken towards you rely largely on no matter if you’ve committed an arrestable or non-arrestable offence.
Arrestable offences confer with offences that enable the police for making an arrest without a warrant, and incorporate offences like theft, theft and rape. The rule of thumb is the fact offences that are punishable with at the least three yrs of imprisonment, or perhaps a Demise sentence, are categorised as arrestable.
Conversely, a non-arrestable offence is a single wherever the police will need to acquire a warrant before carrying out an arrest. Offences that slide under this class are voluntarily resulting in hurt and dishonest misappropriation of house, between others.
For those who have fully commited an arrestable offence
If you have dedicated an arrestable offence, the law enforcement will follow an arrest method that starts with having you into custody following your voluntary surrender.
The law enforcement will then launch an investigation, which entails getting witness statements. Alternatively, you'll have to create a observe assertion if the police decides to go forward with urgent charges.
You might be necessary to have a polygraph (or lie detector) test or take part in an identification parade, through which that you are lined up with other people to allow victims and eyewitnesses to discover you, in addition.
Ideally, you ought to be reasonably very well-versed with your rights in custody, like the appropriate to help make a phone contact to All your family members or to refer to a lawyer (offered that these functions will not likely inhibit the investigation). However, it's important to note that the suitable to refer to an attorney typically arises only right after interrogations are already executed.
For more info, you may want to make reference to our write-up on police custody in Singapore.
In case you have fully commited a non-arrestable offence
During this scenario, even When you have turned oneself in for the police, you won't be taken into custody promptly.
As a substitute, the police will Obtain witness studies and file any functions included. Any doable sufferer(s) within your offence will be advised to file a Magistrate’s Complaint for additional action for being taken.
After the Grievance has become acquired, the Justice of the peace will then make a decision exactly what the best suited 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 Factor?
Voluntarily surrendering to the police demonstrates a willingness to cooperate and indicates likely remorse and repentance. Your surrender would also enable the law enforcement to speculate their time and means into other investigations.
This may Enjoy an element from the decide’s determination and you could be presented a lighter sentence on your degree of cooperation.
Situation research: No jail term following voluntary surrender
In 2018, then 24-year-old Ekawit Tangtrakarn, received a $six,000 great Best criminal lawyer for defaulting on his Countrywide Assistance (NS) responsibilities.
Despite the fact that Ekawit mostly lived in Thailand, he was registered like a Singapore Citizen – creating him accountable for NS. In October 2015, he lost his Singaporean citizenship just after 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 alleviate him of his NS obligations, and Ekawit later voluntarily returned to Singapore to face his rates for defaulting on them. His voluntary return Consequently held body weight being a mitigating element.
Consequently, after the court docket took other mitigating things into consideration, what could have been a optimum 3-calendar year imprisonment time period plus a $10,000 good, being the most penalties underneath the Enlistment Act, grew to become a achievable 9-7 days jail expression that was ultimately reduced to the $six,000 fantastic.
Getting your expenses taken into consideration for the uses of sentencing
In relation to your conviction and you also are dealing with multiple rates, voluntarily admitting to the offences also stops the situation of your prosecution continuing with Each and every charge versus you individually. This allows for the possibility of you acquiring these kinds of costs taken into account for sentencing as a substitute.
Because of this, you might facial area less expenses or a minimized sentence when compared with in the event 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 operate within your favour, decreasing your punishment noticeably.
Should you be still Not sure on how to carry on, it is possible to engage a prison defence attorney to seek advice on your own place, together with make clear your legal rights. A seasoned attorney will be able to ideal prepare you on What to anticipate if you turn you in and how to tackle any investigations completed against you.