Arrested in Singapore: The First 48 Hours
Arrested in Singapore: The First 48 Hours
Being arrested can be frightening and confusing. The decisions you make during the first 48 hours may affect how the investigation and any later court proceedings unfold. It is important to understand what may happen, what your rights are, and when you should seek legal advice.
1. What Happens the Moment I Am Arrested
When you are arrested, the police must inform you of the grounds of your arrest as soon as reasonably possible.
An arrest may be made with a warrant. In certain situations, the police may also arrest a person without a warrant where they reasonably suspect that the person has committed an offence for which arrest without a warrant is permitted, such as theft, causing grievous hurt, or drug consumption.
After the arrest, the police may search you, along with your belongings in your immediate possession. Depending on the circumstances, the police may also search the surrounding place where you were arrested, and potentially, another relevant location.
Where your items are seized, a list should generally be prepared. You may be asked to check and sign the list. Before signing it, make sure that the items are accurately described.
2. What Happens Once I Am Taken to the Police Station
You may be detained for questioning as part of the investigation.
Depending on the suspected offence and the circumstances of the case, the authorities may take identifying information such as your fingerprints and photographs. They may also be permitted to obtain a body sample for DNA analysis. You may be asked to accompany officers to a location connected to the alleged offence, such as the scene where it allegedly took place.
The police may also record statements from you. What you say in those statements may later be used as evidence, and in particular, your legal defence, if any. Therefore, it is important to listen carefully, remain calm, and ensure that your account is accurately recorded. You will be given a chance to read the recorded statement again and make any amendments if you so wish.
Importantly, any statement obtained through a threat, inducement, or promise relating to the charge may be challenged in court. However, whether a statement is admissible will ultimately depend on the circumstances in which it was given.
3. What Are My Immediate Rights?
You have the right to consult a lawyer of your choice but this does not mean you will be allowed to speak to a lawyer immediately after your arrest. The police may delay access for a reasonable period where it is necessary for the investigation. Under Singapore law, the police are also not required to inform you of your right to a lawyer.
You may ask to contact a lawyer as early as possible. You may also ask to contact a family member, although the request may be delayed or refused where the police reasonably believe that contact could interfere with the investigation.
If you are injured, unwell, or require medication, inform the police immediately and ask for medical attention.
4. Must I Answer Every Question?
You are generally required to give your particulars such as your name and address.
When questioned about a case, you are generally required to state truthfully what you know. However, you do not have to say anything that would expose you to a criminal charge or penalty.
This does not mean that remaining silent is always the safest approach. If you fail to mention a material fact during questioning but seek to later rely on it at trial, the court may, in certain circumstances, draw an adverse inference against your failure to mention it.
This creates a difficult balance: what you say may be used as evidence, but failing to raise an important defence early enough may also count against you. Legal advice should therefore be sought as soon as practicable.
Giving a false statement to the police is an offence under Section 182 of the Penal Code.
5. How Long Will I Be at the Police Station
A person arrested without a warrant cannot ordinarily be detained for more than 48 hours without being brought before a Magistrate.
If the authorities wish to detain you beyond that period, you must be brought before a Magistrate. The Prosecution may ask the court to remand you for further investigations. The court will then decide whether you should remain in custody or be released on bail.
6. What Happens After I Am Released
Investigations may continue for weeks or months, in more complex cases, considerably longer.
You should comply with all lawful directions from the investigating officer and attend all scheduled interviews. You should also preserve any material that may assist in your case, including messages, emails, photographs, location records, and documents.
Tell your lawyer promptly about any witness, document, alibi, or other evidence that may support your account. Do not contact alleged victims or witnesses in a way that could be viewed as threatening, pressuring or interfering with the investigation.
7. Conclusion
The first 48 hours post arrest are critical. Remain calm, do not resist arrest, and ask to speak to a lawyer as soon as possible. Crucially, pay close attention to anything you are asked to sign. Make sure to always state the truth and not guess or exaggerate an account. What you say, and importantly, do not say, may affect your case later.
If you, a family member, or someone you know has been arrested, is under investigation, or has been charged with a criminal offence, contact our team as soon as possible for legal assistance.
This article provides general information only and does not constitute legal advice. Please consult a lawyer as the appropriate course of action will depend on the facts of each case.
Incisive Law LLC is an independent Singapore Law Practice with a leading team of criminal law experts. For more information, please contact enquiries@incisivelaw.com or fill up the form below and we will get in touch with you.
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