The short answer
If you are arrested or investigated in Singapore, you must not lie to the police. You are required to answer truthfully about the facts and circumstances of the case as you know them. The one thing you may hold back is anything that would expose you to a criminal charge, penalty or forfeiture. The Constitution also gives you the right to consult a lawyer of your own choice, and the courts have held that this right arises within a reasonable time of arrest. Police statements are recorded under the Criminal Procedure Code 2010. Those taken in the first days of an investigation are often the single most important evidence in the case. Getting advice early is not a luxury; it is a practical necessity.
What happens after arrest?
The police may arrest without warrant for more serious offences, known as arrestable offences. If you are arrested, you must generally be produced before a Magistrate within 48 hours, unless you are released earlier on bail or on a personal bond. Investigations involve the recording of statements and the seizure of devices and documents, and they can take weeks or months. You may be released on police bail while they continue. Police bail is not a charge, and many investigations end without one.
What should I know about police statements?
- Investigation statements. You must answer truthfully about the facts you know. The one thing you may keep back is anything that might expose you to a criminal charge, penalty or forfeiture. A statement may be taken down in writing or captured by audiovisual recording, that is, on video. For certain offences, an audiovisual recording is compulsory. A written statement will be read over to you and you will be asked to sign it. Read it carefully and correct any inaccuracy before you sign.
- Cautioned statements. When you are charged, you will be served the charge and cautioned: if there is any fact or matter in your defence, you should mention it then. Holding a defence back can make it harder to run credibly at trial.
- Consistency matters. Contradictions between statements, or between statements and testimony, are cross-examination material. Precision at the recording stage protects you later.
When can I see my lawyer?
The constitutional right is a right to consult a legal practitioner of your own choice. It is not a right to see one immediately. The courts have held that the right arises within a reasonable time after arrest, and what is reasonable takes account of the needs of the investigation. In practice, access is sometimes granted only after your initial statements have been recorded. So anyone who expects to be interviewed should take advice first. That includes anyone simply asked to attend at a police station. Advice at that stage covers both your position and how the process will unfold.
What happens if I am charged?
You will be produced in court and the charge will be read to you. From there, the case moves either towards a plea of guilty with mitigation, or towards a trial. Along the way there are real opportunities to change the result. Written representations to the Attorney-General’s Chambers can lead to charges being reduced, amended or withdrawn. Plea discussions can resolve the case on better terms. For minor matters, a conditional warning may be given instead of a prosecution. Bail is a separate question: it is ordinarily available for most offences, subject to conditions.
Should I plead guilty or claim trial?
This is a decision to make with full knowledge of the evidence, the elements of the charge, the likely sentence on a plea, and the realistic prospects at trial. A guilty plea attracts sentencing credit, and it brings the matter to an end. A trial is the right course where the prosecution’s case has real weaknesses, or where you are innocent. What you should never do is plead guilty to something you did not do out of fear or fatigue, or claim trial as a bargaining posture without an evidential basis.
Frequently asked questions
Do I need a lawyer if I intend to plead guilty?
Yes, and this is often when a lawyer matters most. Charge selection, the statement of facts, and mitigation all materially affect the sentence, and each can be negotiated or shaped before the plea is taken.
The police kept my phone. Will I get it back?
Not immediately. The police may keep seized property for as long as it is relevant to the investigation or to any proceedings. It is then returned, or otherwise dealt with, by order of the court. How long that takes varies from case to case.
Will a conviction stay on my record forever?
A conviction recorded in the criminal register can become spent after a crime-free period, provided the conviction qualifies. Not every conviction does. The rules are technical and worth checking against your own record.
About the author
Johnathan Lee is an Advocate and Solicitor practising at Fong & Fong LLC, advising on family, civil, criminal and employment matters alongside his wills, probate and estate practice. He served as a prosecutor at the Ministry of Manpower before entering private practice.
He holds a Juris Doctor, awarded cum laude, from Singapore Management University, and a Bachelor of Arts in Sociology with a second major in Communication Studies, awarded Second Class Upper Honours, from Nanyang Technological University. He teaches business negotiations at James Cook University, Singapore Campus, as a sessional associate educator.
Get advice before you give your account
Johnathan Lee defends individuals and companies in criminal investigations and prosecutions, and prepares clients for police interviews.
Johnathan Lee, Advocate & Solicitor · 21 Merchant Road #04-00 Unit 502 Singapore 058267
This article is for general information only and is not legal advice. Criminal procedure is technical and fact-dependent; obtain advice on your specific matter without delay.