Did you know that in Singapore, the type of offence you’re involved in determines whether the police need a warrant to arrest you?
Understanding the difference between arrestable and non-arrestable offences isn’t just for lawyers—it’s vital knowledge that can protect your rights and help you handle legal situations.
From theft and assault to public nuisance and defamation, these offence categories outline police powers and your legal standing. In this guide, we’ll uncover what makes an offence arrestable or non-arrestable and how these classifications impact what happens next.
What Are Arrestable And Non-Arrestable Offences In Singapore?
Under the Criminal Procedure Code 2010 (CPC), offences are classified into two main categories in Singapore: arrestable and non-arrestable. This classification determines whether the police can arrest without a warrant, highlighting the balance between law enforcement powers and judicial oversight.
Arrestable Offences
An arrestable offence is a crime where a police officer is typically authorised to arrest a suspect without requiring a warrant. This authority is provided in the third column of the First Schedule or under other written laws.
Arrestable offences are generally serious crimes, such as theft, robbery, drug trafficking, or assault. The police often must take immediate action to maintain public safety or secure evidence.
Non-Arrestable Offences
On the other hand, a non-arrestable offence is one that the police do not ordinarily have the authority to arrest without first obtaining a warrant from a Magistrate.
These offences are listed in the third column of the First Schedule and typically involve less severe crimes, such as public nuisance, verbal abuse, or minor property damage. In such cases, the requirement for a warrant ensures that arrests are subject to judicial oversight.
The distinction between arrestable and non-arrestable offences ensures proportionality in using police powers. While arrestable offences allow the police to act swiftly in situations that pose a significant threat to public order, non-arrestable offences require a higher level of scrutiny to balance law enforcement needs with the rights of individuals.
Examples Of Arrestable Offences
Here are some clear examples of arrestable offences:
1. Physical Assault And Molestation
Voluntarily causing or grievous hurt to another person is classified as an arrestable offence.
Example: A suspect accused of a violent altercation in public can be detained by police without a warrant.
2. Drug-Related Offences
Crimes such as drug trafficking, possession of controlled substances, or drug manufacturing fall under arrestable offences.
Example: A person found in possession of a significant quantity of illegal drugs can be arrested immediately.
3. Theft And Robbery
Theft (e.g., shoplifting or stealing personal property) and robbery (involving force or intimidation) are arrestable offences.
Example: A person caught stealing in a shop can be arrested on the spot without a warrant.
4. Sexual Offences
Crimes such as rape, sexual assault, or other forms of sexual misconduct are arrestable offences.
Example: A person accused of sexual assault can be arrested without prior judicial approval.
5. Murder And Culpable Homicide
The most serious offences, such as murder or culpable homicide, are arrestable due to their grave implications on public safety and justice.
Example: A suspect in a homicide case can be detained without requiring a warrant.
6. Corruption and Serious Fraud
Under laws like the Prevention of Corruption Act, crimes involving corruption or serious financial fraud that undermine public trust and economic stability are considered arrestable offences.
Example: A person accused of bribing a public official can be arrested without a warrant.
7. Terrorism-Related Offences
Activities such as planning or executing acts of terrorism, possessing weapons unlawfully, or financing terrorism are arrestable offences.
Example: A suspect planning a terrorist attack can be arrested immediately.
Examples Of Non-Arrestable Offences
Here are some clear examples of non-arrestable offences:
1. Public Nuisance
Acts that disrupt public peace or cause annoyance, such as excessive noise or obstructing public pathways.
Example: A person creating a disturbance by playing loud music late at night may face non-arrestable charges requiring a warrant for arrest.
2. Verbal Abuse
Using threatening, abusive, or insulting words towards another person in non-violent situations.
Example: A person shouting insults at someone during a heated argument cannot be arrested without a warrant.
3. Minor Property Damage
Damaging property without causing significant financial loss or public danger.
Example: A person accidentally breaking a neighbour’s window during a disagreement requires a warrant before police can arrest them.
4. Insulting Behaviour In Public
Actions that offend public decency or provoke outrage, such as indecent gestures or minor acts of misconduct.
Example: A person behaving disrespectfully in public could face non-arrestable charges.
5. Defamation
Publishing or sharing false statements that harm another person’s reputation.
Example: A person spreading untrue and damaging claims about someone on social media may be charged, but police need a warrant to arrest them.
6. Trespassing
Entering private property without permission, provided no serious damage or harm occurs.
Example: A person walking into a restricted area without authorisation requires judicial approval for arrest.
Conclusion About Arrestable And Non-Arrestable Offences In Singapore
Knowing the difference between arrestable and non-arrestable offences in Singapore is crucial for protecting your rights and understanding police authority. These classifications impact how offences are handled, from police action to judicial oversight.
If you or someone you know is facing legal issues related to these offences, Tembusu Law’s experienced criminal lawyers in Singapore are here to help.
Contact us today for a free consultation, and let us provide you with the expert legal guidance you need.
Frequently Asked Questions About Arrestable And Non-Arrestable Offences In Singapore
How Can I Find Out If An Offence Is Arrestable Or Non-Arrestable?
The classification of offences is listed in the First Schedule of the Criminal Procedure Code 2010. You can consult this schedule or seek legal advice to confirm whether an offence is arrestable or non-arrestable.
Can Police Take Action For A Non-Arrestable Offence Without A Warrant?
Generally, the police cannot arrest someone for a non-arrestable offence without obtaining a warrant. However, they can investigate the matter, record statements, and submit the case to a Magistrate to determine if a warrant is necessary.
Are The Penalties Different For Arrestable And Non-Arrestable Offences?
Yes, arrestable offences typically carry more severe penalties, such as imprisonment or significant fines, because they involve serious crimes. Non-arrestable, less severe offences usually result in lighter penalties like smaller fines or warnings.
What Should I Do If I Am Accused Of A Non-Arrestable Offence?
If accused of a non-arrestable offence, you should comply with any police requests, such as attending an interview or providing a statement. It’s also advisable to consult a lawyer to know your rights and obligations during the investigation.