Singapore’s Police Arrest Procedure: What You Need To Know

by 22 January 2025Knowledge & Insights

Understanding Singapore’s police arrest procedure is crucial for anyone living in or visiting Singapore. The procedure is structured to ensure justice while safeguarding individual rights. Knowing what happens during an arrest can make all the difference whether you’re involved in a case or simply want to stay informed.

In this article, we’ll explain the key steps and what to expect if you or someone you know encounters this situation.

Purpose Of A Police Arrest In Singapore

A police arrest in Singapore is a critical step in the legal process, allowing law enforcement to detain individuals suspected of committing offences.

Under Singapore law, an arrest is carried out to ensure that a suspect is present for investigations, prosecution, or to prevent further criminal activities. The authority to arrest is governed by the Criminal Procedure Code (CPC).

This can occur for various reasons, including suspicion of an offence or failure to comply with legal obligations such as attending Court hearings. During an arrest, the individual temporarily loses their freedom of movement, subject to legal safeguards.

The primary purposes of a police arrest include:

  • Facilitating Investigations: An arrest allows the police to question the individual and gather more information about the alleged offence.
  • Ensuring Attendance in Court: The arrest ensures that the individual is present for judicial proceedings, particularly if they are likely to abscond.
  • Preventing Further Offences: If the individual is at risk of committing more crimes, an arrest prevents further harm to society.

Types of Offences Leading to Arrest

  1. Arrestable Offences:
    These are serious crimes such as theft, assault, or drug trafficking. For arrestable offences, the police have the authority to arrest without requiring a warrant.
  2. Non-Arrestable Offences:
    These include less severe offences like verbal threats or minor disputes. In these cases, the police require a warrant issued by the Court to make an arrest.

The Police Arrest Procedure In Singapore

The police arrest procedure in Singapore is governed by the Criminal Procedure Code (CPC) and is made to ensure a fair and transparent process while safeguarding the rights of individuals. Here’s a breakdown of the key steps involved:

1. Informing The Suspect

When arresting a suspect, the police are required to:

  • Identify Themselves: Police officers must identify themselves clearly, particularly if they are not in uniform.
  • Inform The Suspect of the Reason for Arrest: Under Section 73 of the CPC, officers must provide the suspect with the reason for the arrest or the content of the warrant of arrest. This ensures that the individual understands the allegations against them.
  • Explain the Right to Remain Silent: The suspect is informed of their right to remain silent, as Section 23 of the CPC outlines. However, it is also explained that any statement made may be used as evidence in Court.

2. Search And Seizure

Upon arrest, the police may search for the suspect and their belongings. This is done to:

  • Retrieve evidence related to the offence.
  • Prevent the suspect from carrying any items that could harm themselves or others.
  • Confiscate prohibited or illegal items.

A warrant is typically required if the search extends to premises such as the suspect’s home or office unless the situation falls under exceptions where immediate action is necessary.

3. Transport To The Police Station

After the arrest, the suspect is brought to the police station. At the station:

  • The suspect’s details are recorded.
  • The Investigation Officer (IO) takes over the case and begins further questioning to gather evidence.
  • The suspect is informed of their next steps, including potential detention or release.

4. Notification Of Family Or Lawyer

The police must allow the suspect to notify their family or lawyer after a reasonable time. This step ensures that the suspect has access to legal counsel, which is their right under Singapore law, and their family is informed of their location and the situation.

It’s important to note that while suspects have the right to consult a lawyer, this right may be deferred under certain conditions, such as if it interferes with ongoing investigations.

How Can One Be Arrested In Singapore?

In Singapore, the police arrest procedure is governed by the Criminal Procedure Code 2010 (CPC), which outlines the legal methods by which an individual can be apprehended. These methods ensure that arrests are carried out lawfully while balancing the enforcement of justice and individual rights.

There are three primary ways a person can be arrested:

1. Arrest With A Warrant

Under Division 2 of the CPC, a warrant of arrest is issued by a Magistrate or Court to authorise the apprehension of a specific individual. This is typically required for non-arrestable offences, such as minor disputes or verbal threats, where the police cannot act without judicial approval.

The warrant explicitly states the offence and directs law enforcement to bring the person before the Court. This method ensures due process and judicial oversight.

2. Arrest Without A Warrant

The CPC under Division 1 allows for arrests without a warrant for arrestable offences. These include serious crimes such as theft, assault, or drug trafficking, where immediate action is needed to prevent further harm or ensure public safety. Police officers are empowered to make these arrests if there is reasonable suspicion that the individual has committed or is about to commit an arrestable offence.

3. Arrest By A Private Person

Under Section 66 of the CPC, private individuals can arrest citizens in specific situations. This applies when a private person witnesses an individual committing a seizable offence, such as a theft in progress or an act of violence.

Once the arrest is made, the person must promptly hand over the arrested individual to the police. This provision allows members of the public to assist in maintaining law and order under legally defined circumstances.

 

Conclusion About Police Arrest Procedure In Singapore

The Singapore police arrest procedure is structured to uphold justice while protecting individual rights. Knowing what to do during an arrest can help you respond appropriately and protect your legal interests.

If you or a loved one is facing an arrest, the experienced criminal lawyers in Singapore at Tembusu Law are here to guide you through the complexities of the legal process.

Contact us today for a free consultation. Let us help protect your rights and secure the best possible outcome.

 

Frequently Asked Questions About Police Arrest Procedure In Singapore

Is It Legal For Police To Use Force During An Arrest?

Yes, the police can use reasonable force to arrest a suspect, especially if the suspect resists or poses a threat. The Criminal Procedure Code governs this authority to ensure it is not excessive or unwarranted.

What Should I Do If I Witness Someone Being Arrested?

If you witness an arrest, avoid interfering with the police, but take note of the circumstances. You may contact a lawyer for legal advice and representation if the arrested person is a friend or family member.

Can I Refuse To Be Arrested If I Believe It Is Unlawful?

No, you should not resist an arrest, even if you believe it is unlawful. Resisting can result in additional charges. Instead, comply with the police and consult a lawyer to challenge the arrest’s legality later.

Can Police Arrest Me Without Informing My Family?

Yes, the police can arrest you without immediately notifying your family. However, under Singapore law, you can inform your family or a lawyer of your arrest within a reasonable time unless doing so may compromise ongoing investigations.

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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