For those of you who are contemplating committing an offence or already have, here are some things you might like to know, especially when you get arrested in Singapore.

1. Will you be able to contact a lawyer?

No.

In majority of cases, you won’t be given an opportunity to speak to your lawyer before the police interview and a lawyer is not allowed to be with you during the interview with the police.

2. When can you contact a lawyer?

The police has to be allowed to carry out their investigations. So, expect to be allowed to contact a lawyer within a reasonable time.

This means the duration depends on the facts and circumstances of each case.

If the police can show that allowing you to contact your lawyer would hinder their investigations or the administration of justice, the duration may be increased.

3. How long can you be detained for after your arrest?

You can remain in custody for up to a maximum of 48 hours from the time of your arrest.

Once 48 hours has passed, you should be released on the condition that you promise to a present yourself whenever your attendance is next required.

This includes appearing at a police station to assist with investigations or to attend court to answer formal charges.

The police has to obtain the court’s permission and explain why your detention should be extended to detain you beyond the first 48 hours.

4. When you know you are about to get arrested, what can you do?

You are allowed to ask the arresting officer for his formal identification and the reason for your arrest during an arrest.

5. What is the police allowed to do when you get arrested?

The police are allowed to search you after you have been arrested.

They are also allowed to use reasonable force against you to make the arrest.

Only a female officer is allowed to conduct a search if a woman is being arrested.

6. Who can arrest you in Singapore?

You can be arrested by the police and enforcement agencies such as the Central Narcotics Bureau (CNB), Commercial Affairs Department (CAD), Corrupt Practices Investigation Bureau (CPIB) and Immigration & Checkpoints Authority (ICA).

7. Can you be arrested without a warrant?

Yes.

The police or enforcement agency can arrest you if they have a reasonable suspicion you have committed an arrestable offence.

They can arrest you without obtaining a warrant or the court’s written permission.

This is so as they need to detain you for investigations or to be produced in court to be formally charged.

The list of arrestable offences can be found here.

8. When is a warrant required to arrest you?

The police or enforcement agency will generally need to obtain a warrant or written permission from the court for all other offences that are non-arrestable offences.

9. When can you be released on bail?

Police bail is granted if you have been suspected of committing a criminal offence and you are currently assisting in investigations conducted by the police or an investigation or enforcement agency.

Court bail is granted if you have been charged with a criminal offence in court and you are currently involved in the criminal proceedings in court.

10. Can you be your own bailor?

Yes, but rarely and only if the court allows.

In most situations, an accused person in criminal proceedings cannot be his or her own bailor.

However, there are some situations where the police may allow a suspect to pay for his or her own security by making a personal bond himself or herself.

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H/T Law Guide Singapore

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