Criminal investigations

Our Criminal Investigations Team

Facing criminal investigations or being accused of a crime can be nerve-wracking and daunting. More so when you are innocent.

Although lawyers are not (usually) allowed to accompany you during interrogations conducted by the Police or during the recording of investigative statements, the importance of engaging a lawyer at an early stage cannot be overstated.

Having a good criminal lawyer to guide you during the criminal investigation process can make a world of difference. A daunting process can be made less unfavourable if you knew your legal rights and the potential defences to the allegations against you. A good criminal lawyer can assist you to sieve through the defences applicable to you and the evidence in support of those defences. Doing so can make a difference as to whether the Public Prosecutor or any other enforcement agency decides to charge you or whether the court believes your defence at trial.

We have acted for several individuals, SMEs, and MNCs, who have been called up for investigations or have been the subjects of search warrants or surprise raids by the authorities.

Representative Cases

Early Advice during Police Investigations – “it is the absence of knowledge which frightens people: the gap into which they pour their fears”

Thiru acted for an MNC in providing legal assistance to their senior management who were being investigated by both the CPIB and the CAD. Trident Law’s criminal defence team poured through voluminous documents and conducted their own parallel investigations in conjunction with the MNC to understand the allegations and the evidence.

Following our review of the evidence, we provided a comprehensive legal opinion on the merits of the allegations to our clients. Eventually, both the CPIB and the CAD did not commence criminal prosecutions against our clients.

Representations during Investigations – “Short circuiting the criminal process”

We acted for an individual who was investigated by the CAD for alleged forgery offences. The assistance of the FBI had been sought pursuant to a request for assistance under the Mutual Assistance in Criminal Matters Act. Following our review of the substantial documents and exhaustive interviews of relevant persons, we made representations to the CAD. The CAD did not pursue the matter against our client and substantial monies of our client that had been frozen on the CAD’s instructions were also released to our client.

At Trident Law, we leverage on the advantage of early engagement with a quick but thorough assessment of the situation and a comprehensive follow-up action. Speak to us to advance your own interests.

Internal Investigations

Leveraging on our rich experience in the criminal law space, we have conducted several in-house investigations for our clients ranging from corporate espionage to financial misconduct of key employees to sexual harassment allegations.

Click here to view a brief overview of the criminal process.

What does a Criminal Investigation entail?

Investigation

The police may carry out investigations to decide if there is any evidence that you have committed a crime. The police can ask you for your name and residential address and can arrest you if you do not keep such information. The police can also arrest you if they have some reason to believe that your answers to these questions are false.

If you are being investigated for crime in Singapore, you should try to see or speak to a lawyer as soon as you can.

Your Statement(s)

The police may question you for the purposes of taking your statement as part of its investigations. There are two types of statements:

Witness Statement otherwise called long statement or investigation statement when the police questioned you about the case;
Cautioned Statement when you are about to be charged.

Giving Your Statement as a Witness

In giving any step one, you should tell the truth regarding the fact that you know, but you do not have to admit to anything or confess to the crime. Your right not to make admissions and confessions is protected under Section 22(2) of the Criminal Procedure Code 2010 (2020 Rev. Ed). However, do not give false information or lie when giving your statement, because this could be a punishable offence.

It is important to understand that as a witness you do not have to sign anything that you have reason to believe is false. You also do not have to say anything you do not completely believe to be true.

Check your statement carefully before you sign it. You can correct any mistakes in your statement before you signed it. It is worth noting that the court, for good reason, will not be impressed by inconsistencies within and between your statements unless such inconsistencies can be explained.

Your statement will be treated as voluntarily made by you if you had given the information inside the statement of your own free will, also without any threat, inducement (e.g. by being promoted promptly, tricked or inadvertently misled), promise or oppression (e.g. by ill-treatment, force and/or overwhelming pressure) from the officer who interviewed you.

If you wish to leave the country

If you are assisting the police investigations but want to leave Singapore, the court may, on the application of the Deputy Public Prosecutor, require that you stay in Singapore for such a period of time for the purpose of continuing to assist in investigations.

Arrest

Arrestable vs Non-Arrestable Offences

The police can arrest you when they reasonably suspect you of committing a crime and wish to take you into custody for investigations or charge in court. If you are arrested for an “arrestable offence” this means that the police may be able to arrest you without a warrant. An arrest without a warrant can be carried out for what could be considered “serious crimes” e.g. robbery, theft, disorderly conduct in public, cheating and criminal breach of trust.

If the crime is not as serious, such as mischief, wrongful holding of property, or simply harming another person (e.g. by a slap to the face in an argument), this can be considered a “non-arrestable” offence. This means that an arrest may only be carried out with a warrant from the court. If you have been arrested under an arrest warrant, the warrant must be in writing and show the seal of the court, signed by a Judge or Registrar. The officer arresting you must tell you about what the warrant states. If you ask the officer to show you a copy of the warrant, he must do so.

How an Arrest Is Made

In carrying out an arrest, the police officer will inform you that you are arrested and may touch or confine your body unless you submit to be taken into custody. The police officers may take reasonable measures necessary to make the arrest, and you may be handcuffed.

As a matter of good practice, the police officer should state the intention to arrest clearly with the words “I arrest you”, or words that effectively communicate the intention to arrest you. The police can use reasonable force to arrest you but cannot use more force than is necessary to restrain you or prevent an escape.

Reasons for arrest

You have the right to know the reason for your arrest. This right is safeguarded under Article 9(3) of our Constitution. The police officer must inform you of the reasons for your arrest i.e. upon your arrest, as soon as you are first taken into custody, or otherwise as soon as is reasonably practicable. It is enough if the police officer informs you of the general nature of the offence. You may also ask the officer for his or her official identification (i.e. warrant card).

Informing Your Family

When you have been arrested, you can request to get in touch with your family or a lawyer informing them of your arrest. You may also request that your family members or lawyer visit you. The police should permit you to call your family or lawyer within a reasonable period after your arrest. But the police may decide not to allow you to contact your family or lawyer (refuse to give permission for visits from them) if they are of the view that it would affect the investigations.

Finding a lawyer

After your arrest and while you are under investigation, you will generally not be allowed to speak to a lawyer. As a matter of practice, you only have a right to consult a lawyer of your choice when investigations have been completed. However, before your arrest, you may wish to consider seeking legal advice. The right to “consult and be defended by a legal practitioner of [your] choice” is provided for in Article 9(3) of our Constitution. A lawyer may also try to persuade the court to grant bail for you during the First Mention (discussed further below).

After the arrest

When you are arrested, you may be searched for evidence of the crime where you do not qualify for bail, or if you are unable to post bail. If you are a woman, generally only a female police officer can search you unless you are reasonably suspected of committing a terrorist act. In any case, the police must have “strict regard to decency” in searching you.

Search and seizure

You may then be brought to a police station for questioning. Until you are questioned, you may be put in a prison lock-up. If you have been taken into custody while you are considered drunk, sick, or suffering from some mental or physical disability, and so cannot answer questions about yourself, the police can search you to find out your name and address.

When you are under prison lock-up, your belongings may be taken from you are that could be evidence of the crime, except the necessary clothes that you are wearing. The police should place your belongings in a safe place. A list of your belongings will be made and you will be asked to confirm its contents. You will be given a copy of this list.

A police officer who has the authority to arrest you for an “arrestable offence” i.e. without an arrest warrant can enter any place belong to you or belonging to any person who is suspected of being involved in the crime to find evidence. In this regard, the police officer can take away items and things to be used as evidence against you. These items and things may be used as “exhibits” in the case. An acknowledgement document of these items seized as evidence should be given to you.

Otherwise, if yours is not an offence that requires an arrest warrant, a search warrant would be needed, unless the police have reason to believe that there is stolen property at your place that may be removed.

Generally, during investigations, whether the crime alleged is an “arrestable” or “non- arrestable” one, the police can carry out a search of a place in any one of the following situations:

The police considers the document or thing to be required for their investigation and if they have a basis to think that despite asking you to produce or give access to that document or thing you will not or would not be likely to produce or give such access;
The police have a basis to think that the document or thing which they believe is necessary for the investigation is likely to be taken away (e.g. to evade detection); or
There is no awareness of who has the document or thing which the police believe is necessary for the investigation.

Giving your statement when you think that you are suspected of committing a crime

Anything that you say can be used against you in Court, especially if you later claim trial.

So you may wish to think carefully before giving your statement. The Court can uphold convictions based on your confessions alone, even if you try to withdraw them later. As mentioned, you are not expected to admit to anything or confess to the crime. If you were not there at the time of the offence, you should say so.

However, you should not lie. You are required to state the truth about what you know of the facts of the case. A particular question may not seem that important, but if you lie, not only is this a chargeable offence, but it might be used to show that you have been dishonest should you wish to claim trial. This is the reason why anything that you say in a police interview is very important.

If you are a young person between 16 to 21 years’ old, or if you suffer from mental disability, you can rely on the “Appropriate Adult Scheme” for help in giving your statement. The Appropriate Adult is an independent third party who can help you in getting your responses across to the Investigating Officer. You should request for an Appropriate Adult if you have a mental disability.

While you are being questioned, you may request for food and beverage, and breaks to go to the bathroom. In particular, you should feel free to ask for water and ask for breaks to go to the toilet. You may also ask to see a doctor if you feel sick or unwell. If you need any corrective devices (e.g. eyeglasses for seeing, hearing aids for hearing, knee braces for walking), you may wish to ask for any of them.

The Investigating Officer will take down what you have to say and ask you to sign the statement. Check your statement carefully before you sign it. You can correct any mistakes in your statement, or point out anything that you said that has not been included in your statement, before you sign it.

If you have not given your statement voluntarily, you should let another police officer know, inform your lawyer, and/or inform the Judge as soon as you can. In particular, you should do so if you feel that you have been threatened, prompted, tricked or inadvertently misled into making admissions or confessing to the crime (inducement), or if any officer promises you something that may affect your charge or sentence. You should also do so if you feel that you were ill-treated and so overwhelmingly pressurised and/ or forced into giving your statement that you did not give it freely or voluntarily (otherwise known as “oppression”) as a result.

However, some discomfort that you may have experienced from questioning will not be enough to prove any claim that you did not give your statement voluntarily.

If there is an issue as to the voluntariness of your statement, a “trial within a trial” may be held. This trial within a trial is for the Court to decide whether you had given your statement voluntarily, including to determine if you had confessed to the crime or made certain admissions under threat, inducement or promise.

The above on the voluntariness of your statement is also relevant to your Cautioned Statement (below).

Detention or Lock-up for up to 48 hours

The police can hold you in custody for a maximum of 48 hours from the time you were arrested. The 48 hours does not include the time necessary for the journey from the place of arrest to the Court.

If during this time there is no evidence (or not enough evidence) to show that you have committed a crime, the police may let you go.

If the police have reason to believe that you may have committed a crime, and they wish to hold you in custody for longer than 48 hours, the police would be required to get the Court’s permission. In Court, the police officer must inform the Judge of the reasons for holding you in lock-up for longer (your remand).

You can inform the Court if you feel that you should not be placed in lock-up for longer. The Court will determine whether you should be detained for a longer period. Otherwise, you may be released on a personal promise (bond) or police bail to ensure that you report back to the police station for further questioning or attend Court when told to do so.

You can also request the Court for permission to get in touch with your family and for an opportunity to get a lawyer.

The Charge

When you are about to be charged with a crime, the Investigating Officer will ask you to give a statement called a “Cautioned Statement”.

Cautioned Statement

If the decision is made to charge you, the police must present and read to you a caution (i.e. a written notice of the charges against you) before taking your statement.

In the caution, the charge(s) will be shown to you and must set out the relevant crime that you are accused of committing. The charge(s) must include details of the time and place of the crime that you are accused of committing.

The charge should set out your real name.

The charge must be explained to you. If you do not understand the charge, you must let the Investigating Officer know. If you have difficulties understanding English, ask for an interpreter who can ask you questions in a language that you understand. Signing on the charge sheet does not mean that you have confessed to the crime. It only means that you have read and understood the charge(s) against you.

You will be asked if you wish to say anything in response to the charge (as mentioned, you do not have to admit to anything or to confess to the crime, but do not give false information or lie). You may be advised to state any facts that you may wish to mention in your defence. For example:

if you were not at the place where the offence happened, you should say so;
if you have a defence, you should say so;
if you did not commit the crime, you should say so and ensure that this is mentioned in the Cautioned Statement.

After writing your response to the Cautioned Statement, it will be read back to you and given to you to check its contents.

Check your answers or responses in the Cautioned Statement carefully. If you find any mistakes, or if something you said in response to the charge has not been mentioned, you should point this out to the Investigating Officer and insist on the necessary amendments or additions. For example, if you had stated something in your defence in response to the charge, and this has not been mentioned in the Cautioned Statement, you should bring this to the attention of the Investigating Officer. You will most likely be asked to sign next to the amendments or additions that you have made and at the bottom of the page.

Once you are agreeable with your Cautioned Statement, you may sign it. If you had requested an interpreter, s/he should be there when you sign your Cautioned Statement. You will be given a copy of the charge and Cautioned Statement.

If the Prosecution makes changes to the charge itself, you should receive a copy of the new charge sheet.

Court appearance at First Mention

You can be charged in Court after investigations have been carried out. You will be brought before the Court if you are to be formally charged. The Investigating Officer is responsible for making arrangements for this “First Mention” in Court.

You will know that you are about to be charged in Court if the Investigating Officer either lets you know that this will happen or if he/she tells you that you need to bring a bailor to the police station who will be responsible for ensuring that you will attend your First Mention in Court.

Please be punctual for your First Mention (and any Court Hearing). It is in your interests.

The Deputy Public Prosecutor will read out the charge to you in Court. The charge or charges against you should include the following particulars to inform you of what you are being charged with:

the specific offence that you are charged with;
the relevant provision of the law;
details of the date, time and place of the offence that is alleged against you;
names of other co-offenders, if any;
names of victims, if any; and
the maximum punishment for the offence.

You must inform the Court if you do not understand the charge that has been read out to you, or if you have any doubts about it. If you have problems understanding English, ask for an interpreter who can explain the charge in a language that you understand.

When you have been charged with a crime or crimes, you will be called “the accused”. In Court, the following 2 considerations may be taken into account:

Bail (more information further below); and
Whether you wish to claim trial or plead guilty. After the Prosecution reads the charge out to you, or after the charge has been explained to you, you can decide whether to claim trial or plead guilty to the charge.

If you are unsure of what to do i.e. whether to claim trial or plead guilty, or if you think that you need to speak to a lawyer, you can ask the Judge to reschedule the hearing to another day (an adjournment).

If the Judge is agreeable to your request for more time, you will be required to come back to Court on another day.

Finding a Lawyer

In the meantime, if you have not done so yet, you can find and speak to a lawyer. If you cannot afford to pay for your own lawyer, you can try to apply for legal aid under the Criminal Legal Aid Scheme (“CLAS”) of the Law Society Pro Bono Services by contacting its office. Whether or not you are eligible or qualify for legal aid under CLAS will be decided by that office.

You have a right to be defended by a lawyer before any Court.

Your decision to claim trial or to plead guilty is not an easy one to make. You – and you alone, are responsible for making this decision, even though you can consult your lawyer. Your lawyer’s advice will be based on your instructions.

A good lawyer would not just tell you “if you did nothing wrong, then you should fight”. This is especially the case if the evidence against you is overwhelming. Your lawyer may wish to carefully review the evidence against you, take your instructions, and advise you accordingly.

When you meet your lawyer, consider all the documents that s/he would need and make copies of them. Let your lawyer know anything that you think is important about your case. Answer your lawyer’s questions truthfully. Ask your lawyer questions if you have any concerns or doubts.

Claiming trial can be a difficult process. Sometimes, innocent persons are mistakenly accused. You do not have to plead guilty to something that you did not do. However, while you may think that you are innocent on the facts, a lot depends on the evidence against you. The table below sets out some considerations that you may wish to bear in mind.

Claiming Trial	Pleading Guilty
You do not agree with the charge(s) against you	You confess to having committed the crime as stipulated in the charge(s)
You dispute the main facts set out in the Statement of Facts (“SOF”)	You do not dispute the main facts set out in the SOF
A date for the trial is set for the Prosecution to prove its case beyond a reasonable doubt and for you to respond in your own defence	You will be found guilty by the Judge without a trial if the facts that you confessed to satisfy each element of the charge You cannot challenge the charge after you have been found guilty and sentenced You cannot file an appeal against your conviction, but you would be able to appeal against your sentence You might get a “discount” on your sentence by pleading guilty early

Once you have been charged, the Prosecutor might submit that you should be kept in prison (under lock-up, or in remand) till your trial begins. The issue of bail might then come up for discussion (see below). If you have been “released on bail”, you would be required to report back to Court at the next Court hearing. It is essential that you do not communicate with witnesses or “obstruct the course of justice” in any way.

BAIL

Bail is a form of security either by cash or by a signed promise submitted to the police or to the Court that you will report back to the police station or return to Court when told to do so. Bail is your temporary release from prison: the purpose of bail is not to punish you, but to secure your attendance at the police station or in Court.

Bail and Personal Bond

If you are granted bail, generally you would be allowed to place two local calls to find a bailor. Please think of who your bailor can be. Your “surety or bailor” must be prepared to come up with the security for the sum of money required (“bail amount”), after which you will be “released on bail”. Your bailor would then have the responsibility to see to it that you be present in Court when required to do so.

If you are granted personal bond, then you yourself must be prepared to come up with the security for the sum of money required (“bond amount”). In the State Courts, an official from the Bail Centre will let you know the requirements under the bond, and check to see if you can come up with the security for the bond. If the application is granted, you will be “released on bond”. You are responsible to ensure that you are present in Court when required to do so.

On a related note, the Court can release you on a combination of both bail and bond e.g, bail of $X amount to be provided by the surety or bailor, and personal bond of $Y amount to be provided by you. In these circumstances, both your bailor and you would be responsible to see to it that you are present in Court at the scheduled time(s).

Police Bail and Court Bail

There is a difference between police bail and Court bail. The main purpose of police bail is to ensure that you report back to the police station to assist in investigations. Also, if you have been charged, police bail is meant to secure your attendance in Court for the First Mention. The main purpose of Court bail is to ensure your attendance at the next Court hearing. If you are already on police bail, your bail may be extended. Sometimes the Prosecution may seek the Court’s permission to offer Court bail and to withdraw the police bail during the First Mention.

You may be released on bail depending on whether the charge relates to a crime that is bailable or non-bailable.

Bailable Offence

If the charge relates to a bailable offence, then you must be released on bail.

Non-Bailable Offence

A non-bailable offence does not always mean that you will be denied bail. It depends. If the charge relates to a non-bailable offence, the Judge (or a police officer of or above the rank of sergeant) can still decide whether or not to release you on bail. This is the case unless the charge is punishable by death or life imprisonment, or unless you are considered a “flight risk”. If the Court or police release you on bail, the reasons for doing so must be set out in writing.

Bail Conditions

Generally, unless stated otherwise, you will have to surrender your passport. You will be required to go to the police station or attend Court on a particular date and time. You cannot commit any crime, and you cannot communicate or “interfere” with any witness, while you are out on bail.

Do not break your bail conditions. If you do so, for example by not reporting to the police station or not attending Court on the date and time required, you could be arrested, ordered to pay a fine or imprisoned, and may not be released on bail again. Your bailor may not get the bail amount back and may have to pay a fine.

If you wish to leave the country

If you are accused of a crime, you are required to stay in Singapore while on bail. If you need to leave the country, you will have to apply for the Court’s permission. This is also known as a permission to leave jurisdiction.

If you have been released on bail, you are not allowed to leave the country without the consent of the Court or the police. The bailor must also be agreeable to you leaving the country.

If you wish to leave the country while released on bail, you can apply to Court for your passport to get your passport back. Your bailor must be present when you submit your application to leave the country. You should have good reason to leave the country when you submit your application. The Court might raise the bail amount if it permits you to go out of the country while you are out on bail. The Court might also impose additional conditions such as to return your passport when you come back to Singapore or giving additional security to be assured of your return to Court when told to do so. Failure to comply could result in your arrest (again).

To seek the Court’s consent to leave the country while you are on bail, you must submit an application. If your matter is before the State Courts of Singapore, you can submit an online application through the Integrated Case Management System (“ICMS”), or you could fill up the hardcopy application form at the Bail Centre in level 4 of the State Courts Towers.

Your application to leave the country must set out the details of your case, the mention, PTC and/or date(s) set for trial, which Court you are due to attend, how long your anticipated trip will take, the place you are seeking permission to go to, and the reason for going there.

If the Judge is prepared to consider your application, you will come to know of the date to go to Court. Your bailor must be present and inform the Court that s/he is agreeable to you leaving the country.

The Prosecution will make submissions on whether you should be permitted to leave the country.

After hearing from both the Prosecution and the Defence, the Court can either decline your application or allow you to leave the country, provided that you comply with certain requirements. The Prosecution might seek a raise in the bail amount.

You will be informed of the outcome of your application and can follow the status of it online through ICMS.

Bailor’s responsibilities

Your bailor must be at least 21 years old, must not be facing any criminal charges, must not be an undischarged bankrupt, and must be a Singapore citizen or Permanent Resident. Your bailor can be a family member or a friend. If you are a foreigner, your bailor can be a representative from the Consulate or Embassy.

Your bailor must comply with the conditions set out on the bail form, which would include keeping in touch with you and ensuring that you report to the police station or attend in Court on the date and time required. You should communicate with your bailor on a daily basis. This is because your bailor is required to make a police report within 24 hours of losing touch with you. If you do not follow your bailor’s advice, s/he can request to be withdrawn as your bailor. As a result, you may be taken back to the lock-up and held in remand.

Your bailor’s responsibilities end (and the bail amount will be returned) to your bailor when your case has concluded, for example when the Court finds you guilty or not guilty of the crime.

Bail or Personal Bond Amount

The bail amount is a matter for the Court to decide, with a view to seeing to your attendance. Some considerations amongst others may include: (i) the type of crime(s) and the punishment (e.g. period of imprisonment) that it carries; (ii) your character, and access to finances; (iii) the number of charges that you face; (iv) whether you are a “flight risk” i.e. likely to escape without attending in Court at the required date and time; and (v) whether you may be a first-time offender or have a criminal past.

The Court may hear arguments from both the Prosecution and the Defence before deciding on the appropriate bail amount. Your lawyer’s objective will be to reassure the Court that you are not a “flight risk”, i.e. you will not try to escape or flee.

For bail or personal bond sums of $15,000 and under $15,000, security can be given by an undertaking of personal property (including accessories, furniture, jewels) if these things have been purchased and no remaining amount is owing. For bail or personal bond sums of over $15,000, security can be given by money or other related means e.g. cashier’s order.

Consequences of “Jumping Bail”, or Breaking Your Bail/Personal Bond Conditions
Do not break your bail or personal bond. If you do so, the bail that had been granted to you may be withdrawn from you, and the relevant bail or bond amount may have to be surrendered. If you fail to turn up in Court on the scheduled date and time for your hearing, a warrant of arrest may be issued against you. You will then be held in prison lock-up until the trial. If you “jump bail” your bailor may, as mentioned, not only be fined, but even be imprisoned for up to one year.

Pre-Trial Conference

Regardless of how you wish to plead, a Pre-Trial Conference (“PTC”) will be arranged. The PTC will enable the Court to be updated on the status of your case and look into resolving certain outstanding issues.

You may be required to make arrangements for providing Court bail. You can do so by contacting your family members or friends for their help.

CLAIMING TRIAL

During the First Mention, you would already have been asked to indicate how you are going to plead (e.g. whether you intend to claim trial or plead guilty to the charge). If at the time you had requested for more time to see or speak to a lawyer, your lawyer would have advised you accordingly based on your instructions.

Criminal Case Disclosure Conference

If you have chosen to claim trial and your case falls under the Second Schedule of the Criminal Procedure Code 2010 (2020 Rev. Ed.) and comes before the District Court, Criminal Case Disclosure Conference (“CCDC”) procedures would apply unless you state that you do not consent to them. However, the Court may still fix dates for a PTC in view of resolving administrative issues.

The purpose of the CCDC is to set certain timelines for both the Prosecution and the Defence to comply with. Basically, the Prosecution has to provide you and your lawyer its “Case for the Prosecution” that must include all charges, evidence, statements and witnesses that the Prosecution will proceed with at the trial. Your lawyer must then submit to the Court and the Prosecution the “Case for the Defence” that would include your defence, exhibits, witnesses and any objections to the contents in the Case for the Prosecution.

You should give your lawyer any evidence, such as supporting documents that may be of assistance to your case.

When the Defence team receives the Case for the Prosecution, it can ask to view the video recording of each statement taken from you, and the Prosecution must accede to this request.

If you in consultation with your lawyer have not indicated how you wish to plead, and you still do not do so at the next CCDC, the Court will fix a date for trial.

The Trial

The trial is the way for the Court to find out if you are guilty of the crime or crimes as charged, and if so, to convict and sentence you accordingly.

For the trial, you should be properly attired (dress decently) and address the Judge as “Your Honour”, and the Deputy Public Prosecutor or any witness by their respective surname e.g. “Mr Lim”. Ensure that you are presentable and well-groomed.

Please be punctual for your trial (and any Court Hearing). It is in your interests.

It is your responsibility to make sure that witnesses who are giving evidence and testimony in your defence attend the trial on the relevant date(s) to do so.

The Prosecution will set out the crime that you have been charged with and the evidence that it will be referring to show that you are guilty as charged. You will be asked how you wish to plead (i.e. whether to claim trial or to plead guilty).

The Prosecution can secure its witnesses’ appearance in Court to give their evidence and testimony. The Prosecution’s witness can be cross-examined by your lawyer. After your lawyer’s cross-examination of the Prosecution’s witness, the Prosecution can re-examine its witness.

When the Prosecution completes its case against you and rests, your lawyer might ask the Court to dismiss the charges against you on the basis that there is no case to answer, which the Prosecution can reply to. Your lawyer might raise this issue if s/he is of the view that the main elements of the crime have not been proven.

If the Judge is of the view that there is enough evidence that could support the charge against you, you will be called upon to state your defence and give evidence in your defence. You can either choose to give evidence from the witness box or remain silent. If you give evidence from the witness box (in other words, when you take the stand), you can be cross-examined by the Prosecution.

If you choose to remain silent, the Judge can choose not to believe you. The Judge may inform you that you can discuss with your lawyer on the course of action to take. You can then instruct your lawyer on whether you choose to give evidence in Court or remain silent. Please discuss your options with your lawyer, and the potential results that could arise from each option.

Giving evidence in Court

If you have chosen to take the stand to give evidence, you will be asked to “tell the truth”. Remember to address the Judge as “Your Honour”. You should take this process seriously. Do not answer any question by making jokes.

Remember to tell the truth. You could be charged for lying in Court.

Giving evidence in your defence is not going to be easy. No matter who asks you the questions, your answers should be given to the Judge. The Judge will be taking notes. You may wish to speak clearly, slowly and pronounce your words as well as you can.

You should try to stay calm and collected.

Examination-in-Chief

The first part of giving evidence is called “Examination-in-chief” (“EIC”). Your lawyer will ask you for your full name, address and what job you have, if any. S/he will then ask you some questions. Your lawyer may ask you to look at and go through certain documents and ask you questions about them. Remember to respond to those questions by addressing your answers to the Judge.

Cross-examination by Prosecution

After this, the Prosecution will cross-examine you. The Deputy Public Prosecutor will ask you questions, some of which you may find difficult to answer or understand. If you do not know the answer to any question, you should say so. If you are not sure, you should say so. If you are unable to understand a question, you may wish to politely ask the Deputy Public Prosecutor to clarify or explain what s/he means.

When the Deputy Public Prosecutor says “I suggest to you that”, or “I put it to you that”, s/he is trying to set out the Prosecution’s version of events or facts. You should not get angry, annoyed or overreact. If you do not agree, you should just say that you do not agree. If you do not recall, you should just say so. You should avoid engaging in any argument with the Deputy Public Prosecutor. Remember to state your answers clearly, slowly, and address them to the Judge.

If you need time to go through a document before answering any question, you can ask the Judge for time.

Re-examination

After the Prosecution rests, your lawyer may ask you a few more questions to clarify some responses you have given from the cross-examination. This process is also called re-examination.

Judgment

If the Judge is not persuaded by the Prosecution’s evidence that you are guilty, or if your lawyer raises a reasonable doubt in the Prosecution’s case against you, the Court must find you not guilty (i.e. a discharge amounting to an acquittal) and let you go. However, the Prosecution can also appeal against this decision.

Under certain conditions, the Judge also can grant a discharge not amounting to an acquittal.

If the Judge finds you guilty, you will be convicted.

Otherwise, in accordance with certain requirements, the Judge might find you guilty of an amended charge and convict you accordingly.

Mitigation if you have been convicted

Following your conviction, the Prosecution may address the Court on your sentence if it wishes to do so. The Prosecution may, amongst other considerations, refer to your previous criminal record, if any.

After this, the Court must hear your lawyer’s plea in mitigation on your behalf. Your lawyer can plead for a lighter sentence for you. The Prosecution might respond.

Your lawyer’s plea in mitigation on your behalf is not just a plea for leniency. To persuade the Judge, your lawyer should consider all information available to tell your side of the story in a convincing way. The plea would include sentencing submissions, with supporting documents, such as reports from psychiatrists, psychologists and/or other experts, or character references.

Your lawyer can seek to persuade the Judge about the facts that arose from your case, and the law that applies, as well as the appropriate sentence for you.

The Court will consider, amongst other factors, the following:

whether you had pleaded guilty, particularly at an early stage;
whether you are apologetic or remorseful;
whether or not this was your first criminal offence;
where possible, whether you tried to settle your differences or problems with the victim e.g. by compensation or repayment for the harm s/he suffered;
whether the harm to the victim was serious or not too severe;
whether you had cooperated with the police;
whether you had or have any medical condition that may have contributed to you committing the crime;
your character; and
your background or family history, with related considerations that may be indicative of your willingness to change for the better.

After due consideration, the Judge will then sentence you accordingly.

Representations To The Prosecution Made By Your Lawyer On Your Behalf, Based On Your Instructions

Representations can be made to the Prosecution to persuade them to be agreeable or to persuade them to be prepared to go along with some aspects of the case against you.

Your lawyer can speak to the Deputy Public Prosecutor or write to the Prosecution at any stage of criminal proceedings, as long as you have not pleaded guilty yet. Depending on the matter, your lawyer can seek , amongst others, any of the following on your behalf:

a withdrawal of the charge, whether or not it amounts to an acquittal;
a withdrawal of the charge with a stern or conditional warning;
to compound the offence;
an amendment to the charge including reducing it to an offence that carries a lighter sentence;
ask the Prosecution to certain charges into consideration for the purposes of sentencing;
ask the Prosecution for its view on your sentence, with a view to reducing your sentence;
if you have instructed your lawyer that you wish to plead guilty, discuss with the Prosecution on an agreed SOF and/or negotiate on a proportionate sentence for you.

The Prosecution may respond by: (i) agreeing or going along with the representations made by your lawyer on your behalf; (ii) sending another offer offering to drop one or some charges if you would be agreeable to plead guilty to the other charges; (iii) setting out some conditions so that it would be in a better position to consider the representations (for example, paying a certain amount of compensation to the victim); or (iv) rejecting the representations entirely, in which case the charges against you would continue to stay in place. You can instruct your lawyer on whether you want to claim trial, plead guilty, or make more representations.

The preparation of a letter of representation can be a complex matter that depends on the unique facts of your case.

Our capable and competent criminal lawyers can guide you on this process in your best interests, based on your instructions. Representations should not have a negative effect on your sentence because the Judge will not know of their contents if you are found guilty.

Pleading Guilty

Pleading guilty to a charge means that you admit to having committed the crime and admit to the Statement of Facts (“SOF”) that has been prepared by the Prosecution.

If you plead guilty to the crime, your plea of guilt will be recorded and you will be convicted on it. This will become part of your criminal record, except for prison time that you may have already served for other crimes committed.

The SOF

The SOF is meant to set out an objective account of the facts and particulars of the charge and how you had committed the crime. It is a document written by the Prosecution that is supposed to assist the Court to make an informed decision on your sentence.

Please note that if you completely accept the contents of the SOF, the Court will accept your plea of guilt and convict you. When you receive the SOF, you should review it in consultation with your lawyer and give your instructions on whether or not it is correct. For this purpose, your lawyer will go through the SOF with you. If you do not agree with the SOF on its main points, especially on facts that are directly related to the charge, the Court will not accept your plea of guilt. On the other hand, you may wish to bring any concerns to your lawyer’s attention regarding too many (or unnecessary) details that could result in the Judge giving you a higher sentence. Your lawyer can take your instructions to speak to the Prosecution to amend the SOF accordingly.

If you dispute the main points of the SOF, or the Prosecution refuses to make the amendments to the SOF that your lawyer has requested, a “Newton Hearing” could be arranged. A Newton Hearing is a type of “mini-trial”. Its purpose is to resolve certain factual issues in dispute. The Court will decide on the matter. Its decision would have an effect on your eventual sentence.

Withdrawal of Guilty Plea

You can only withdraw your plea of guilt in exceptional situations, such as where you can show that: (i) you did not understand what would happen to you as a result of pleading guilty; (ii) you did not understand the crime that you had been charged with; or (iii) you can prove that you were pressured into pleading guilty.

Please note that the Court will only allow you to withdraw a plea of guilt for good reasons. The Court regards any attempt to withdraw a plea of guilt with some suspicion, especially if you had given your statements to the police voluntarily and already had a lawyer who has represented you and taken your instructions throughout proceedings.

Your Lawyer’s Plea in Mitigation on Your Behalf

A mitigation plea is an opportunity for your lawyer to help the Court decide on a suitable sentence for you.

After you have been convicted, the Prosecution may address the Court on your sentence if it wishes to do so. The Prosecution may, amongst other considerations, refer to your previous criminal record, if any, or read out a “victim impact statement”, a statement that sets out any direct physical or psychological harm that the victim had experienced because of the crime.

The victim impact statement is a document prepared by the victim on the injury that s/he experienced due to the crime committed. The victim does not have to be present in Court when the victim impact statement is submitted to the Court. The victim is expected to be honest in setting out the injury s/he had experienced. The Court does not have to agree with the victim impact statement if it of the opinion that it is not genuine, or inaccurate.

After this, the Court must hear your lawyer’s plea in mitigation on your behalf. Your lawyer can plead for a lighter sentence for you.

If you decide to plead guilty, you may wish to provide your lawyer with supporting documents on the potential mitigating considerations listed above to persuade the Judge to impose a lighter sentence on you. The Prosecution might respond.

Your lawyer can seek to persuade the Judge about the facts that arose from your case, and the law that applies, as well as the appropriate sentence for you.

The Court will consider, amongst other factors, the following:

whether you had pleaded guilty, particularly at an early stage;
whether you are apologetic or remorseful;
whether or not this was your first criminal offence;
where possible, whether you tried to settle your differences or problems with the victim e.g. by compensation or repayment for the harm s/he suffered;
whether the harm to the victim was serious or not too severe;
whether you had cooperated with the police;
whether you had or have any medical condition that may have contributed to you committing the crime;
your character; and
your background or family history, with related considerations that may be indicative of your willingness to change for the better.

Sentencing

If you have claimed trial but the Court has found you guilty, or if you have pleaded guilty, the Court will consider and determine your sentence.

As of 2020, Singapore’s crime rate was reportedly at 0.656% of the population. To maintain public safety, the protection of the public is one (but not the only) important consideration that could affect your sentence.

In the past, it has been noted that “our conviction rates for all offences are high”, particularly in the State Courts. In recent years, in cases involving corruption and similar crimes, the rate of conviction has consistently been over 90%.

The sentencing process is important because it will directly affect you and your future. In deciding on a suitable sentence, Courts may take into account certain considerations, such as the following, amongst others:

the type of crime;
how serious the injury to the victim was, if any;
on a related note, the degree of your responsibility for the crime committed;
the protection of the public;
your role in committing the crime;
mitigating factors raised by your lawyer, including your good character and personal circumstances;
your prospects for reform (willingness to change for the better); and
whether you are likely to re-offend.

Types of Sentence

The Court can decide on the appropriate sentence, whether it is to be:

a fine;
imprisonment for a certain period of time, depending on the crime that you were found guilty of (or a combination of fine and imprisonment);
community-based sentences (particularly offenders suffering from mental health issues who may be subject to a mandatory treatment order);
corrective training, an imprisonment term;
preventive detention;
probation (if you are young [16-21 years’ old] or in rare cases) {a rehabilitative sentencing option indicative of your willingness to reform};
caning (with fine and/or imprisonment), or the death penalty. Offenders who are women and offenders who are over 50 years old cannot be caned.
If you are a young person (juvenile offender) between 16 to 21 years’ old, you might be sentenced to probation or reformative training.
If you want to know information about the sentencing options listed above, you can access the State Courts Guidebook for Accused in Person, accessible here.

Appeal Against Conviction Or Sentence, Or Both

If you are unhappy with the conviction and/or the sentence, you can appeal against either one of them or both. When you submit an appeal, you are asking a higher Court to overturn the lower Court’s judgment.

Likewise, the Prosecution may appeal against the judgment or sentence if it is dissatisfied with either outcome.

You must inform your lawyer as soon as possible should you wish to appeal against your conviction and/or sentence, because a Notice of Appeal must be filed within 14 days of the judgment or sentence.

When you or your Lawyer File a Notice of Appeal

A Notice of Appeal is a document to officially inform the Court that you wish to appeal because you are unhappy with the conviction and/or sentence determined by the Court.

After this, there will be a Court hearing on the matter. Please note that new bail has to be provided because bail is considered as having ended once you have been convicted. The bail amount might be doubled while you wait for the Court to hear your appeal. So please ensure that your bailor is in attendance.

Grounds of Decision

After your lawyer files a Notice of Appeal, the Judge will issue the Grounds of Decision (“GD”) that briefly explains how the Judge decided on your conviction and sentence.

When you or your Lawyer File a Petition of Appeal

On a related note, a Petition of Appeal must be filed within 14 days from the Grounds of Decision written by the Judge. The Petition of Appeal is a document that states the reasons why you are unhappy or disappointed with the Judge’s decision. In this regard, please note that once you have already pleaded guilty, you can only appeal against your sentence, not your conviction. On such appeal, the Judge may impose a heavier or lighter sentence.

DISCLAIMER

As mentioned, the information above is not intended to be legal advice, but is meant to give you some understanding of the criminal process in Singapore generally. Hence, you should not see the information contained here as a comprehensive guide. Trident Law Corporation excludes liability for loss suffered by any person resulting in any way from the use of, or reliance on, this information.

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