If you’ve been accused of a crime in Singapore and believe you are not guilty, claiming trial is your opportunity to present your defence in Court. This process ensures you have a fair chance to contest the charges against you.
However, navigating this legal path can feel overwhelming without proper guidance. In this blog, we’ll explain the steps, your rights, and how Tembusu Law can assist you with some of the best criminal lawyers in Singapore.
What Does Claiming Trial Involve?
Claiming trial simply means you are contesting the charges brought against you. Here’s a step-by-step look at the process:
1. Receiving The Charge
The process begins when you are formally charged in Court. At this stage:
- Understanding The Charge: The charge specifies the offence you are accused of, along with relevant details like the date, time, and nature of the alleged offence.
- Entering A Plea: You must decide how to plead “guilty” or “not guilty.” If you plead “not guilty,” the Court will set a date for the trial.
- Bail Considerations: If the offence is bailable, the Court may allow you to post bail, ensuring your attendance at subsequent proceedings.
- Internal Link Suggestion: Link this to a page about “Understanding Criminal Charges.”
2. Pre-Trial Conference (PTC)
Pre-Trial Conferences are held to streamline the trial process and ensure that both the prosecution and defence are prepared. Key elements of a PTC include:
- Evidence Exchange: The prosecution must disclose the evidence they intend to rely on during the trial. This includes witness statements, expert reports, and documentary evidence. The defence can also disclose evidence to be used.
- Clarifying Issues: The Court will identify the key issues in dispute and determine if there is any possibility of resolving the case without a trial (e.g., plea bargaining).
- Setting Trial Dates: The Court schedules the trial dates once issues are clarified.
- Internal Link Suggestion: Link this to a page about “What Happens During A Pre-Trial Conference?”
3. Trial Proceedings
The trial itself is where both parties present their arguments and evidence before the Court. This stage typically involves:
- Opening Statements: Both the prosecution and defence outline their case to the Court.
- Showing Of Evidence:
- The prosecution presents its case first, calling witnesses and submitting evidence.
- The defence then has the opportunity to cross-examine prosecution witnesses.
- Defence’s Turn:
- The defence can present its case, including calling witnesses and submitting evidence.
- The prosecution may cross-examine defence witnesses.
- Closing Submissions: Both sides summarise their arguments, highlighting key evidence and legal principles to support their position.
This phase is critical as it determines how well each side substantiates its claims and challenges the other’s arguments.
4. Verdict And Sentencing
Once the trial concludes, the Judge will review the evidence and arguments before delivering a verdict.
- Verdict:
- Acquittal: If the prosecution is not able to prove its case, you will be acquitted, and the charges against you will be dismissed.
- Conviction: If the prosecution succeeds, you will be convicted of the offence.
- Sentencing: If convicted, the Court will proceed to sentencing. This involves considering factors like the severity of the offence, mitigating circumstances, and any prior criminal record. Sentences can range from fines and probation to imprisonment or caning, depending on the nature of the offence.
Common Misconceptions About Claiming Trial
1. Claiming Trial Does Not Equal Guaranteed Acquittal
One of the biggest misconceptions is that claiming a trial ensures an acquittal. While the trial process allows you to contest the charges, the outcome ultimately depends on the strength of the evidence, the credibility of witnesses, and the arguments presented by both the prosecution and the defence.
The prosecution must prove your guilt beyond a reasonable doubt. A conviction will follow if they succeed, even if you believe the charges were unfair.
2. Claiming Trial Is Not Always Prolonged
Another common belief is that claiming a trial will inevitably lead to long, drawn-out legal proceedings. While it’s true that trials can be time-consuming, many cases are resolved efficiently with proper preparation and cooperation between the parties.
What Influences Trial Duration?
- Complexity Of The Case: Simple cases with fewer witnesses and evidence can be resolved more quickly.
- Court Scheduling: The availability of Court dates and the number of hearings needed can affect the timeline.
- Preparation: If both sides are organised and well-prepared, unnecessary delays can often be avoided.
Important Documents You Need When Claiming Trial
Proper documentation is critical when claiming trial in Singapore. These documents ensure that you and your lawyer can build a comprehensive defence, anticipate the prosecution’s arguments, and navigate the legal process smoothly. Here’s a deeper dive into the essential documents you’ll need:
Charge Sheet
The charge sheet is a formal document issued by the prosecution outlining the specific offence you are accused of.
What It Contains:
- Offence Details: The nature of the alleged offence, including relevant sections of the law.
- Date And Time: The alleged time and date when the offence occurred.
- Circumstances Of The Offence: A brief description of what allegedly transpired.
Case File
The case file contains the evidence the prosecution intends to use against you during the trial.
What It Includes:
- Witness Statements: Testimonies from individuals who have information related to the case.
- Physical Evidence: Photographs, videos, or objects that support the prosecution’s allegations.
- Expert Reports: Assessments by professionals, such as forensic analysts or medical examiners.
Defence Documents
Defence documents support your claim of innocence or mitigate the circumstances surrounding the alleged offence.
What They Include:
- Alibi Evidence: Documents or testimonies proving you were elsewhere during the alleged offence (e.g., CCTV footage, travel records, or witness statements).
- Expert Reports: Reports from independent experts, such as psychologists, to counter the prosecution’s evidence.
- Character References: Statements from credible individuals attest to your character and conduct.
- Relevant Correspondence: Emails, text messages, or other communications that may support your case.
Conclusion About Claiming Trial In Singapore
Claiming trial is not just about proving your innocence; it’s about exercising your right to a fair defence. While the process can seem daunting, expert legal representation ensures you’re not navigating it alone.
Whether you want to understand your options or need immediate assistance, Tembusu Law is here with some of the best criminal lawyers and Divorce lawyers in Singapore.
Take the first step today—contact Tembusu Law for a free consultation and secure the legal support you deserve.
Frequently Asked Questions About Claiming Trial In Singapore
What Happens If I Plead Not Guilty?
If you plead “not guilty,” the Court will set a date for your trial. At the trial, you can present your defence, cross-examine the prosecution’s witnesses, and call your witnesses. The Judge will evaluate all evidence and arguments before delivering a verdict.
Can I Claim Trial Without A Lawyer?
Yes, it is possible to claim a trial without a lawyer. However, doing so is highly challenging and not advisable. Criminal trials involve complex legal procedures and technicalities that require expertise.
How Long Does A Trial Take?
The trial duration depends on various factors, including the complexity of the case, the number of witnesses, and the availability of Court dates. Simple cases may conclude within weeks, while more intricate ones can take several months.
What Happens If I Am Found Guilty After A Trial?
If you are found guilty, the Court will proceed with sentencing. The sentence will depend on the severity of the offence, mitigating or aggravating circumstances, and your criminal history, if any. Sentencing options include fines, probation, imprisonment, caning (for certain offences), or community service.
