Being placed in police custody can be a confusing and overwhelming experience, whether you are directly involved or supporting someone who is. Understanding what happens during police station custody, your legal rights, and the arrest procedures involved is crucial to handling the process appropriately.
In Singapore, the law is clear about what detainees can expect and what the authorities must provide. This article will guide you through the key aspects of police custody, helping you stay informed and prepared whether you are facing such a situation or simply seeking knowledge for future reference.
What Happens During Arrest And Initial Detention
In Singapore, an arrest occurs when the police detain a person suspected of committing a crime. Depending on the nature of the offence, the arrest can be made with or without a warrant. Generally, serious offences such as theft, robbery, or drug-related crimes allow police to make arrests without a warrant under the Criminal Procedure Code (CPC).
So, what happens during an arrest?
Upon arrest, the police are required to inform the individual of the reason for their detention. This ensures transparency and allows the individual to understand the nature of the allegations against them.
In most cases, the police may handcuff the individual, mainly if they believe the person poses a risk to public safety or may attempt to escape.
After the arrest, the individual is typically brought to the nearest police station for further processing and investigation. This is where police station custody begins, and the authorities will proceed with their investigation.
Initial Detention Period
The first 48 hours following an arrest are critical. According to Section 68 of the Criminal Procedure Code 2010, the police may detain the individual questioning and investigation without filing any formal charges.
The arrested person may be asked to provide a statement under caution. This statement is part of the investigative process, and individuals have the right to remain silent.
The police may search for the individual and their belongings to collect evidence of the suspected offence.
If the investigation requires more time, the police may seek approval from a Magistrate to extend the detention period. Such extensions are subject to judicial oversight to prevent abuse of power. Alternatively, the individual may be released on police bail, which allows them to return home while investigations continue.
Rights Of Individuals In Police Custody
When placed in police custody in Singapore, individuals are entitled to several rights under the law. These rights ensure fair treatment during detention and help safeguard against abuse. Understanding these rights can make a significant difference during this challenging time.
1. Right To Be Informed Of The Reason For Arrest
Under the Criminal Procedure Code (CPC), every individual has the right to be informed of the reason for their arrest. The police must explain the nature of the alleged offence clearly and in a language the individual understands.
2. Right To Legal Counsel
A person in custody can consult a lawyer, though this right is not immediate. The police may delay access to legal counsel if they believe preventing interference with investigations or evidence is necessary. However, access to a lawyer should be allowed.
3. Right To Contact A Family Member Or Friend
An arrested individual may request to contact a family member or friend to inform them of their detention. This helps ensure someone outside the custody process is aware of their situation.
4. Right To Medical Attention
If an individual in police station custody requires medical attention, they have the right to receive appropriate care. The police must ensure detainees receive timely medical treatment for injuries or health conditions.
Procedures During Custody
When an individual is held in police custody in Singapore, several procedures are carried out to facilitate investigations while ensuring adherence to the law. These processes are designed to collect evidence and maintain order, but they must be conducted lawfully and with respect for the detainee’s rights.
1. Recording Of Statements
One of the key steps during custody is the recording of statements. This process involves the following:
- Voluntary Statement: A statement taken from the detainee voluntarily. Individuals have the right to self-incrimination, but providing false or misleading information is illegal under Singapore law.
- Cautioned Statement: If the police intend to press charges, they may record a statement under caution. The individual will be informed of the alleged offence and their right to remain silent, though they may choose to respond.
2. Search And Handling Of Personal Property
Upon being taken into custody, the detainee may be physically searched to ensure they are not carrying prohibited or harmful items.
Personal belongings, such as wallets, phones, or jewellery, are confiscated and securely stored. The police provide the detainee with an inventory of seized items, which is returned upon release unless required as evidence.
3. Conduct Of Identification Parades
In cases where witnesses need to identify the suspect, the police may organise an identification parade.
The detainee, alongside individuals resembling them, may be presented to witnesses for identification purposes. This process must be conducted fairly to avoid misidentification or undue prejudice.
4. Access To Basic Needs
While in police station custody, detainees are entitled to necessities, including adequate food and drinking water. They also have access to rest periods, though these may be interrupted for questioning.
5. Carry Out Forensic Procedures (if applicable)
In certain cases, the police may carry out forensic procedures to collect evidence, such as fingerprinting and photographing the detainee. Legal protocols must be used to collect DNA samples, hair, or other biological specimens.
6. Request Legal And Family Communication
While the detainee’s communication may be restricted, they can notify a family member or friend of their detention. You can request legal representation, though access to a lawyer may be delayed if it is deemed necessary for the investigation.
7. Access Medical Assessments
If the detainee is unwell or injured, they can request medical attention. The police must arrange for a medical examination or treatment as required.
8. Monitoring And Reporting
Throughout the detention period, the police must document all activities, including questioning sessions, searches, and interaction with the detainee. This ensures transparency and accountability in the investigation process.
Conclusion About Police Custody In Singapore
Police custody in Singapore is a structured process governed by laws that protect individuals’ rights while enabling thorough investigations. From the initial arrest to the procedures during detention, detainees and their families must understand what to expect and how to safeguard their legal rights.
However, navigating the complexities of police custody can be overwhelming, especially without professional guidance. This is where criminal lawyers’ expertise becomes invaluable.
At Tembusu Law, our experienced criminal lawyers in Singapore are well-versed in the legal framework and can provide the representation and advice needed to protect your rights during such challenging times.
Contact Tembusu Law today, and let us provide the support you need for the best possible outcome through our free consultation.
Frequently Asked Questions About Police Custody In Singapore
Are Juveniles Treated Differently In Police Custody In Singapore?
Yes, juveniles (individuals under 16 years old) are subject to special considerations under Singapore law. They are usually detained separately from adults, and efforts are made to notify their parents or guardians promptly. The focus for juveniles often includes rehabilitation and protecting their welfare during investigations.
Can I Be Held In Police Custody Without Being Charged?
Yes, the police can detain you for up to 48 hours without filing formal charges. If additional investigation time is required, the police must seek approval from a Magistrate. This ensures that prolonged detention is justified and lawful.
What Happens To My Belongings Confiscated During Arrest?
Confiscated belongings are securely stored by the police and returned to you upon release unless they are needed as evidence in the case. You should have a written inventory of the items taken during the custody process.
How Can A Criminal Lawyer Help During Police Custody?
A criminal lawyer can provide critical support during police custody by upholding your rights, advising you during statement recording, and representing you during legal proceedings. They can also intervene if there are procedural violations or unjust treatment concerns.
