Is Entrapment Legal In Singapore? Know Your Rights And The Law

by 22 January 2025Knowledge & Insights

Have you ever wondered, “Is police entrapment legal in Singapore?” This question sparks curiosity and concern, especially for those who value their rights and the fairness of law enforcement.

Entrapment occurs when an individual is induced or persuaded by another party, often law enforcement, to commit something illegal they would not have otherwise committed.

In Singaporean law, entrapment involves a scenario where an individual is lured into committing a crime through instigation or undue persuasion. This is distinct from merely providing an opportunity to commit an offence.

In this blog, we’ll break down the concept of entrapment, examine its legal standing in Singapore, and explore what it means for you.

Is Police Entrapment Legal In Singapore?

In Singapore, law enforcement agencies can employ undercover operations and surveillance to detect and prevent criminal activities. However, entrapment, where an individual is induced to engage in a crime they would not have committed, raises important legal considerations.

Singaporean law does not recognise entrapment as a defence to criminal charges. This means that even if an individual was induced by law enforcement to commit an offence, they can be held legally responsible for their actions. The Courts focus on whether the essential elements of the offence are present, regardless of the methods used to obtain evidence.

Admissibility Of Evidence Obtained Through Entrapment

Evidence gathered through entrapment is generally admissible in Singaporean Courts, provided it is relevant to the case. The Courts assess the probative value of such evidence against any potential prejudicial effect. It will be admitted if the evidence is deemed more probative than prejudicial.

The Role Of Law Enforcement Conduct

While law enforcement officers can create opportunities to catch offenders, their actions must not cross into coercion or undue influence. For example:

  • Acceptable Conduct: An officer posing as a buyer to catch a drug trafficker.
  • Unacceptable Conduct: Persistently pressuring someone to commit a crime they would not ordinarily commit.

Legal Perspective Of Entrapment In Singapore

Singaporean Courts have addressed the issue of entrapment in various cases. The general stance is that while evidence obtained through entrapment is admissible in Court, the act of entrapment itself may be scrutinised, especially if the conduct of the entrapping party is deemed egregious. In such instances, the individual who induced the offence could be found guilty of abetting the crime.

Instigation vs. Opportunity: The distinction between instigating a crime and providing an opportunity is crucial. Entrapment involves active persuasion or coercion, whereas merely presenting an opportunity does not.

Admissibility of Evidence: Evidence obtained through entrapment is generally admissible in Singaporean Courts if relevant to the case. However, the Court may exclude such evidence if its prejudicial effect outweighs its probative value.

Legal Defences: Entrapment is not recognised as a defence to criminal charges in Singapore. This means that even if an individual was entrapped, they could still be held liable for the offence committed. However, entrapment circumstances may be considered a mitigating factor during sentencing.

Situations Where Entrapment May Mitigate Sentencing

In Singapore, entrapment is not a legal defence against criminal charges. However, it can play a crucial role as a mitigating factor during sentencing. This means that while the accused may still be convicted of the offence, the circumstances surrounding the entrapment can influence the severity of the penalty imposed by the Court.

Entrapment can be raised as a mitigating factor if the following circumstances apply:

  1. No Prior Criminal Intent: The accused had no intention to commit the crime before being induced by law enforcement or another party. For instance, if an individual with no prior history of criminal activity was encouraged repeatedly to engage in illegal behaviour, this lack of intent may be considered.
  2. Undue Influence by Law Enforcement: If law enforcement officers applied excessive pressure, deceit, or manipulation to induce the accused to commit the offence, the Court may view their actions as contributing factors in the commission of the crime.
  3. Proportionality of Law Enforcement Actions: The Courts may assess whether the methods used by law enforcement were proportional to the nature of the investigation. If the entrapment tactics were seen as overly aggressive or unnecessary, this could favour the accused during sentencing.

 

Conclusion About Entrapment Operations In Singapore

While a valid tool for law enforcement, entrapment operations must be carried out ethically to balance crime prevention with fairness.

In Singapore, entrapment is not a defence, but its circumstances can significantly influence sentencing. Understanding your rights and the legal implications of entrapment is crucial, especially when law enforcement tactics are involved.

At Tembusu Law, our experienced criminal lawyers in Singapore are dedicated to protecting your rights and ensuring a fair outcome. If you believe entrapment has played a role in your case, contact us today for expert guidance and representation.

 

Frequently Asked Questions About Entrapment Operations In Singapore

Can Entrapment Be Considered Illegal In Singapore?

Entrapment itself is not illegal in Singapore. Law enforcement is permitted to use such methods to investigate crimes. However, if the tactics employed are excessively coercive or improper, the conduct of law enforcement may be questioned, though the evidence obtained is still generally admissible.

How Does The Court Determine If An Act Constitutes Entrapment?

The Court looks at whether the individual was predisposed to commit the offence. This might be considered entrapment if evidence suggests the accused was influenced or pressured into the crime without prior intent. However, this does not serve as a defence under Singapore law.

Are All Crimes Eligible For Entrapment Investigations?

Entrapment is more commonly employed in cases that are challenging to detect, such as drug trafficking, corruption, or illegal gambling. These methods help law enforcement gather evidence where offenders might otherwise operate undetected.

How Can Tembusu Law Help If I Believe Entrapment Was Involved?

Tembusu Law’s criminal lawyers in Singapore can evaluate the specifics of your case, scrutinise law enforcement conduct, and build a defence strategy highlighting improper entrapment practices. Their expertise ensures your rights are protected and you receive the best possible representation.

About the author

About the author

Tembusu Law

Jonathan is the Founder and Managing Director of Tembusu Law. He is also the founder of LawGuide Singapore, a prominent legaltech startup which successfully created and launched Singapore’s first legal chatbot in 2017.

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